text:
Bible (Berean Standard)/1 Peter

1 · 2 · 3 · 4 · 5

A Greeting from Peter

(2 Peter 1:1–2)

Peter, an apostle of Jesus Christ,

To the elect who are exiles of the Dispersion throughout Pontus, Galatia, Cappadocia, Asia, and Bithynia, chosen according to the foreknowledge of God the Father and sanctified by the Spirit for obedience to Jesus Christ and sprinkling by His blood:

Grace and peace be yours in abundance.

A Living Hope

Blessed be the God and Father of our Lord Jesus Christ! By His great mercy He has given us new birth into a living hope through the resurrection of Jesus Christ from the dead, and into an inheritance that is imperishable, undefiled, and unfading, reserved in heaven for you, who through faith are shielded by God’s power for the salvation that is ready to be revealed in the last time.

In this you greatly rejoice, though now for a little while you may have had to suffer grief in various trials so that the proven character of your faith—more precious than gold, which perishes even though refined by fire—may result in praise, glory, and honor at the revelation of Jesus Christ.

Though you have not seen Him, you love Him; and though you do not see Him now, you believe in Him and rejoice with an inexpressible and glorious joy, now that you are receiving the goal of your faith, the salvation of your souls.

Concerning this salvation, the prophets who foretold the grace to come to you searched and investigated carefully, trying to determine the time and setting to which the Spirit of Christ in them was pointing when He predicted the sufferings of Christ and the glories to follow.

It was revealed to them that they were not serving themselves, but you, when they foretold the things now announced by those who preached the gospel to you by the Holy Spirit sent from heaven. Even angels long to look into these things.

A Call to Holiness

(Hebrews 12:14–17)

Therefore prepare your minds for action. Be sober-minded. Set your hope fully on the grace to be given you at the revelation of Jesus Christ. As obedient children, do not conform to the passions of your former ignorance. But just as He who called you is holy, so be holy in all you do, for it is written: “Be holy, because I am holy.”

Since you call on a Father who judges each one’s work impartially, conduct yourselves in reverent fear during your stay as foreigners. For you know that it was not with perishable things such as silver or gold that you were redeemed from the empty way of life you inherited from your forefathers, but with the precious blood of Christ, a lamb without blemish or spot. He was known before the foundation of the world, but was revealed in the last times for your sake.

Through Him you believe in God, who raised Him from the dead and glorified Him; and so your faith and hope are in God.

The Enduring Word

(Isaiah 40:6–8)

Since you have purified your souls by obedience to the truth so that you have a genuine love for your brothers, love one another deeply, from a pure heart. For you have been born again, not of perishable seed, but of imperishable, through the living and enduring word of God. For,

 * “All flesh is like grass,
 * and all its glory like the flowers of the field;
 * the grass withers and the flowers fall,
 * but the word of the Lord stands forever.”

And this is the word that was proclaimed to you.

The Living Stone and Chosen People

(Isaiah 28:14–22; 1 Corinthians 3:10–15; Ephesians 2:19–22)

Rid yourselves, therefore, of all malice, deceit, hypocrisy, envy, and slander. Like newborn babies, crave pure spiritual milk, so that by it you may grow up in your salvation, now that you have tasted that the Lord is good.

As you come to Him, the living stone, rejected by men but chosen and precious in God’s sight, you also, like living stones, are being built into a spiritual house to be a holy priesthood, offering spiritual sacrifices acceptable to God through Jesus Christ. For it stands in Scripture:

 * “See, I lay in Zion a stone,
 * a chosen and precious cornerstone;
 * and the one who believes in Him
 * will never be put to shame.”

To you who believe, then, this stone is precious. But to those who do not believe,

 * “The stone the builders rejected
 * has become the cornerstone,”

and,

 * “A stone of stumbling
 * and a rock of offense.”

They stumble because they disobey the word—and to this they were appointed.

But you are a chosen people, a royal priesthood, a holy nation, a people for God’s own possession, to proclaim the virtues of Him who called you out of darkness into His marvelous light. Once you were not a people, but now you are the people of God; once you had not received mercy, but now you have received mercy.

Beloved, I urge you, as foreigners and exiles, to abstain from the desires of the flesh, which war against your soul. Conduct yourselves with such honor among the Gentiles that, though they slander you as evildoers, they may see your good deeds and glorify God on the day He visits us.

Submission to Authorities

(Romans 13:1–7)

Submit yourselves for the Lord’s sake to every human institution, whether to the king as the supreme authority, or to governors as those sent by him to punish those who do wrong and to praise those who do right. For it is God’s will that by doing good you should silence the ignorance of foolish men.

Live in freedom, but do not use your freedom as a cover-up for evil; live as servants of God. Treat everyone with high regard: Love the brotherhood of believers, fear God, honor the king.

Servants, submit yourselves to your masters with all respect, not only to those who are good and gentle, but even to those who are unreasonable. For if anyone endures the pain of unjust suffering because he is conscious of God, this is to be commended. How is it to your credit if you are beaten for doing wrong and you endure it? But if you suffer for doing good and you endure it, this is commendable before God.

Christ’s Example of Suffering

(Isaiah 53:1–8)

For to this you were called, because Christ also suffered for you, leaving you an example, that you should follow in His footsteps:

 * “He committed no sin,
 * and no deceit was found in His mouth.”
 * When they heaped abuse on Him,
 * He did not retaliate;
 * when He suffered, He made no threats,
 * but entrusted Himself to Him who judges justly.
 * He Himself bore our sins
 * in His body on the tree,
 * so that we might die to sin
 * and live to righteousness.
 * “By His stripes you are healed.”

For “you were like sheep going astray,” but now you have returned to the Shepherd and Overseer of your souls.

Wives and Husbands

(Song of Solomon 1:1–17; Ephesians 5:22–33)

Wives, in the same way, submit yourselves to your husbands, so that even if they refuse to believe the word, they will be won over without words by the behavior of their wives when they see your pure and reverent demeanor.

Your beauty should not come from outward adornment, such as braided hair or gold jewelry or fine clothes, but from the inner disposition of your heart, the unfading beauty of a gentle and quiet spirit, which is precious in God’s sight. For this is how the holy women of the past adorned themselves. They put their hope in God and were submissive to their husbands, just as Sarah obeyed Abraham and called him lord. And you are her children if you do what is right and refuse to give way to fear.

Husbands, in the same way, treat your wives with consideration as a delicate vessel, and with honor as fellow heirs of the gracious gift of life, so that your prayers will not be hindered.

Turning from Evil

Finally, all of you, be like-minded and sympathetic, love as brothers, be tenderhearted and humble. Do not repay evil with evil or insult with insult, but with blessing, because to this you were called so that you may inherit a blessing. For,

 * “Whoever would love life
 * and see good days
 * must keep his tongue from evil
 * and his lips from deceitful speech.
 * He must turn from evil and do good;
 * he must seek peace and pursue it.
 * For the eyes of the Lord are on the righteous,
 * and His ears are inclined to their prayer.
 * But the face of the Lord is against
 * those who do evil.”

Who can harm you if you are zealous for what is good?

Suffering for Righteousness

But even if you should suffer for what is right, you are blessed. “Do not fear what they fear; do not be shaken.” But in your hearts sanctify Christ as Lord. Always be prepared to give a defense to everyone who asks you the reason for the hope that is in you. But respond with gentleness and respect, keeping a clear conscience, so that those who slander you may be put to shame by your good behavior in Christ. For it is better, if it is God’s will, to suffer for doing good than for doing evil.

For Christ also suffered for sins once for all, the righteous for the unrighteous, to bring you to God. He was put to death in the body but made alive in the Spirit, in whom He also went and preached to the spirits in prison who disobeyed long ago when God waited patiently in the days of Noah while the ark was being built.

In the ark a few people, only eight souls, were saved through water. And this water symbolizes the baptism that now saves you also—not the removal of dirt from the body, but the pledge of a clear conscience toward God—through the resurrection of Jesus Christ, who has gone into heaven and is at the right hand of God, with angels, authorities, and powers subject to Him.

Living for God’s Glory

(1 Corinthians 10:23–33)

Therefore, since Christ suffered in His body, arm yourselves with the same resolve, because anyone who has suffered in his body is done with sin. Consequently, he does not live out his remaining time on earth for human passions, but for the will of God. For you have spent enough time in the past carrying out the same desires as the Gentiles: living in debauchery, lust, drunkenness, orgies, carousing, and detestable idolatry.

Because of this, they consider it strange of you not to plunge with them into the same flood of reckless indiscretion, and they heap abuse on you. But they will have to give an account to Him who is ready to judge the living and the dead. That is why the gospel was preached even to those who are now dead, so that they might be judged as men in the flesh, but live according to God in the spirit.

The end of all things is near. Therefore be clear-minded and sober, so that you can pray. Above all, love one another deeply, because love covers over a multitude of sins. Show hospitality to one another without complaining.

As good stewards of the manifold grace of God, each of you should use whatever gift he has received to serve one another. If anyone speaks, he should speak as one conveying the words of God. If anyone serves, he should serve with the strength God provides, so that in all things God may be glorified through Jesus Christ, to whom be the glory and the power forever and ever. Amen.

Suffering as Christians

Beloved, do not be surprised at the fiery trial that has come upon you, as though something strange were happening to you. But rejoice that you share in the sufferings of Christ, so that you may be overjoyed at the revelation of His glory.

If you are insulted for the name of Christ, you are blessed, because the Spirit of glory and of God rests on you. Indeed, none of you should suffer as a murderer or thief or wrongdoer, or even as a meddler. But if you suffer as a Christian, do not be ashamed, but glorify God that you bear that name. For it is time for judgment to begin with the family of God; and if it begins with us, what will the outcome be for those who disobey the gospel of God? And,

 * “If it is hard for the righteous to be saved,
 * what will become of the ungodly and the sinner?”

So then, those who suffer according to God’s will should entrust their souls to their faithful Creator and continue to do good.

Instructions to Elders

(1 Timothy 3:1–7; Titus 1:5–9)

As a fellow elder, a witness of Christ’s sufferings, and a partaker of the glory to be revealed, I appeal to the elders among you: Be shepherds of God’s flock that is among you, watching over them not out of compulsion, but because it is God’s will; not out of greed, but out of eagerness; not lording it over those entrusted to you, but being examples to the flock. And when the Chief Shepherd appears, you will receive the crown of glory that will never fade away.

Cast Your Cares on Him

Young men, in the same way, submit yourselves to your elders. And all of you, clothe yourselves with humility toward one another, because,

 * “God opposes the proud,
 * but gives grace to the humble.”

Humble yourselves, therefore, under God’s mighty hand, so that in due time He may exalt you. Cast all your anxiety on Him, because He cares for you.

Be sober-minded and alert. Your adversary the devil prowls around like a roaring lion, seeking someone to devour. Resist him, standing firm in your faith and in the knowledge that your brothers throughout the world are undergoing the same kinds of suffering.

Benediction and Farewell

And after you have suffered for a little while, the God of all grace, who has called you to His eternal glory in Christ, will Himself restore you, secure you, strengthen you, and establish you. To Him be the power forever and ever. Amen.

Through Silvanus, whom I regard as a faithful brother, I have written to you briefly, encouraging you and testifying that this is the true grace of God. Stand firm in it.

The church in Babylon, chosen together with you, sends you greetings, as does my son Mark.

Greet one another with a kiss of love.

Peace to all of you who are in Christ.

title: Bible (Berean Standard)/1 Peter


text:
Page:Manual on Uniform Traffic Control Devices for Streets and Highways, 11th Edition (December 2023).pdf/17

MUTCD 11th Edition
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Design

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Application

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Placement and Spacing

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Standardization of Application

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Materials

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Aesthetic Surface Treatments

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Yellow-Colored Pavement

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Channelizing Devices

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Approach-End Treatment

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Islands Designated by Pavement Markings

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Pavement Markings for Raised Islands

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Island Delineation

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Sidewalk Extensions Designated by Pavement Markings

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Longitudinal Rumble Strip Markings

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Transverse Rumble Strip Markings

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Types

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Meanings of Signal Indications

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Meanings of Steady Vehicular Signal Indications

 * | 643
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 * | Section 4A.04
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Meanings of Flashing Vehicular Signal Indications

 * | 644
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 * | Section 4A.05
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Meanings of Bicycle Symbol Signal Indications

 * | 646
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 * | Section 4A.06
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Meanings of Pedestrian Signal Indications

 * | 646
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 * | Section 4A.07
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Lateral Offset of Signal Supports and Cabinets

 * | 647
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Use of Signs at Signalized Locations

 * | 647
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Use of Pavement Markings at Signalized Locations

 * | 647
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Responsibility for Operation and Maintenance

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General

 * | 649
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Advantages and Disadvantages of Traffic Control Signals

 * | 649
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Alternatives to Traffic Control Signals

 * | 649
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Basis of Installation of Traffic Control Signals

 * | 650
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Basis of Removal of Traffic Control Signals

 * | 650

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Bible (Berean Standard)/2 Peter

1 · 2 · 3

A Greeting from Peter

(1 Peter 1:1–2)

Simon Peter, a servant and apostle of Jesus Christ,

To those who through the righteousness of our God and Savior Jesus Christ have received a faith as precious as ours:

Grace and peace be multiplied to you through the knowledge of God and of Jesus our Lord.

Partakers of the Divine Nature

His divine power has given us everything we need for life and godliness through the knowledge of Him who called us by His own glory and excellence. Through these He has given us His precious and magnificent promises, so that through them you may become partakers of the divine nature, now that you have escaped the corruption in the world caused by evil desires.

For this very reason, make every effort to add to your faith virtue; and to virtue, knowledge; and to knowledge, self-control; and to self-control, perseverance; and to perseverance, godliness; and to godliness, brotherly kindness; and to brotherly kindness, love. For if you possess these qualities and continue to grow in them, they will keep you from being ineffective and unproductive in your knowledge of our Lord Jesus Christ. But whoever lacks these traits is nearsighted to the point of blindness, having forgotten that he has been cleansed from his past sins.

Therefore, brothers, strive to make your calling and election sure. For if you practice these things you will never stumble, and you will receive a lavish reception into the eternal kingdom of our Lord and Savior Jesus Christ.

Therefore I will always remind you of these things, even though you know them and are established in the truth you now have. I think it is right to refresh your memory as long as I live in the tent of my body, because I know that this tent will soon be laid aside, as our Lord Jesus Christ has made clear to me. And I will make every effort to ensure that after my departure, you will be able to recall these things at all times.

Eyewitnesses of His Majesty

(Matthew 17:1–13; Mark 9:1–13; Luke 9:28–36)

For we did not follow cleverly devised fables when we made known to you the power and coming of our Lord Jesus Christ, but we were eyewitnesses of His majesty. For He received honor and glory from God the Father when the voice came to Him from the Majestic Glory, saying, “This is My beloved Son, in whom I am well pleased.” And we ourselves heard this voice from heaven when we were with Him on the holy mountain.

We also have the word of the prophets as confirmed beyond doubt. And you will do well to pay attention to it, as to a lamp shining in a dark place, until the day dawns and the morning star rises in your hearts. Above all, you must understand that no prophecy of Scripture comes from one’s own interpretation. For no such prophecy was ever brought forth by the will of man, but men spoke from God as they were carried along by the Holy Spirit.

Deliverance from False Prophets

(Jude 1:3–16)

Now there were also false prophets among the people, just as there will be false teachers among you. They will secretly introduce destructive heresies, even denying the Master who bought them—bringing swift destruction on themselves. Many will follow in their depravity, and because of them the way of truth will be defamed. In their greed, these false teachers will exploit you with deceptive words. The longstanding verdict against them remains in force, and their destruction does not sleep.

For if God did not spare the angels when they sinned, but cast them deep into hell, placing them in chains of darkness to be held for judgment; if He did not spare the ancient world when He brought the flood on its ungodly people, but preserved Noah, a preacher of righteousness, among the eight; if He condemned the cities of Sodom and Gomorrah to destruction, reducing them to ashes as an example of what is coming on the ungodly; and if He rescued Lot, a righteous man distressed by the depraved conduct of the lawless (for that righteous man, living among them day after day, was tormented in his righteous soul by the lawless deeds he saw and heard)— if all this is so, then the Lord knows how to rescue the godly from trials and to hold the unrighteous for punishment on the day of judgment.

Such punishment is specially reserved for those who indulge the corrupt desires of the flesh and despise authority. Bold and self-willed, they are unafraid to slander glorious beings. Yet not even angels, though greater in strength and power, dare to bring such slanderous charges against them before the Lord.

These men are like irrational animals, creatures of instinct, born to be captured and destroyed. They blaspheme in matters they do not understand, and like such creatures, they too will be destroyed. The harm they will suffer is the wages of their wickedness.

They consider it a pleasure to carouse in broad daylight. They are blots and blemishes, reveling in their deception as they feast with you. Their eyes are full of adultery; their desire for sin is never satisfied; they seduce the unstable. They are accursed children with hearts trained in greed.

They have left the straight way and wandered off to follow the way of Balaam son of Beor, who loved the wages of wickedness. But he was rebuked for his transgression by a donkey, otherwise without speech, that spoke with a man’s voice and restrained the prophet’s madness.

These men are springs without water and mists driven by a storm. Blackest darkness is reserved for them. With lofty but empty words, they appeal to the sensual passions of the flesh and entice those who are just escaping from others who live in error. They promise them freedom, while they themselves are slaves to depravity. For a man is a slave to whatever has mastered him.

If indeed they have escaped the corruption of the world through the knowledge of our Lord and Savior Jesus Christ, only to be entangled and overcome by it again, their final condition is worse than it was at first. It would have been better for them not to have known the way of righteousness than to have known it and then to turn away from the holy commandment passed on to them. Of them the proverbs are true: “A dog returns to its vomit,” and, “A sow that is washed goes back to her wallowing in the mud.”

The Coming Judgment

(Genesis 7:1–24; Jude 1:17–23)

Beloved, this is now my second letter to you. Both of them are reminders to stir you to wholesome thinking by recalling what was foretold by the holy prophets and commanded by our Lord and Savior through your apostles.

Most importantly, you must understand that in the last days scoffers will come, scoffing and following their own evil desires. “Where is the promise of His coming?” they will ask. “Ever since our fathers fell asleep, everything continues as it has from the beginning of creation.”

But they deliberately overlook the fact that long ago by God’s word the heavens existed and the earth was formed out of water and by water, through which the world of that time perished in the flood. And by that same word, the present heavens and earth are reserved for fire, being kept for the day of judgment and destruction of ungodly men.

The Day of the Lord

(Zephaniah 1:7–18; Malachi 4:1–6; 1 Thessalonians 5:1–11)

Beloved, do not let this one thing escape your notice: With the Lord a day is like a thousand years, and a thousand years are like a day. The Lord is not slow in keeping His promise as some understand slowness, but is patient with you, not wanting anyone to perish but everyone to come to repentance.

But the Day of the Lord will come like a thief. The heavens will disappear with a roar, the elements will be destroyed by fire, and the earth and its works will be laid bare.

Since everything will be destroyed in this way, what kind of people ought you to be? You ought to conduct yourselves in holiness and godliness as you anticipate and hasten the coming of the day of God, when the heavens will be destroyed by fire and the elements will melt in the heat. But in keeping with God’s promise, we are looking forward to a new heaven and a new earth, where righteousness dwells.

Final Exhortations

Therefore, beloved, as you anticipate these things, make every effort to be found at peace—spotless and blameless in His sight.

Consider also that our Lord’s patience brings salvation, just as our beloved brother Paul also wrote you with the wisdom God gave him. He writes this way in all his letters, speaking in them about such matters. Some parts of his letters are hard to understand, which ignorant and unstable people distort, as they do the rest of the Scriptures, to their own destruction.

Therefore, beloved, since you already know these things, be on your guard so that you will not be carried away by the error of the lawless and fall from your secure standing. But grow in the grace and knowledge of our Lord and Savior Jesus Christ. To Him be the glory both now and to the day of eternity.

Amen.

title: Bible (Berean Standard)/2 Peter


text:
Page:Manual on Uniform Traffic Control Devices for Streets and Highways, 11th Edition (December 2023).pdf/18

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Studies and Factors for Justifying Traffic Control Signals

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Warrant 1, Eight-Hour Vehicular Volume

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Warrant 2, Four-Hour Vehicular Volume

 * | 654
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Warrant 3, Peak Hour

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Warrant 4, Pedestrian Volume

 * | 656
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Warrant 5, School Crossing

 * | 660
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Warrant 6, Coordinated Signal System

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Warrant 7, Crash Experience

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Warrant 8, Roadway Network

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Warrant 9, Intersection Near a Grade Crossing

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General

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Provisions for Pedestrians

 * | 667
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Provisions for Bicyclists

 * | 667
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Provisions for Transit Vehicles

 * | 667
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Number of Signal Faces on an Approach

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Visibility, Aiming, and Shielding of Signal Faces

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Lateral Positioning of Signal Faces

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Longitudinal Positioning of Signal Faces

 * | 673
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Mounting Height of Signal Faces

 * | 673
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Lateral Offset (Clearance) of Signal Faces

 * | 674
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Temporary and Portable Traffic Control Signals

 * | 674

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Signal Indications—Design, Illumination, Color, and Shape

 * | 676
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Size of Vehicular Signal Indications

 * | 677
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Positions of Signal Indications within a Signal Face—General

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Positions of Signal Indications within a Vertical Signal Face

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Positions of Signal Indications within a Horizontal Signal Face

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Application of Steady and Flashing Signal Indications during Steady (Stop-and-Go) Operation

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Signal Indications for Left-Turn Movements—General

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Signal Indications for Permissive Only Mode Left-Turn Movements in a Shared Signal Face

 * | 685
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Signal Indications for Permissive Only Mode Left-Turn Movements in a Separate Signal Face

 * | 685
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Signal Indications for Protected Only Mode Left-Turn Movements in a Shared Signal Face

 * | 687
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Signal Indications for Protected Only Mode Left-Turn Movements in a Separate Signal Face

 * | 688
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 * | Section 4F.07
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Signal Indications for Protected/Permissive Mode Left-Turn Movements in a Shared Signal Face

 * | 689
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 * | Section 4F.08
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Signal Indications for Protected/Permissive Mode Left-Turn Movements in a Separate Signal Face

 * | 690
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Signal Indications for Right-Turn Movements—General

 * | 693
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Signal Indications for Permissive Only Mode Right-Turn Movements in a Shared Signal Face

 * | 694
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Signal Indications for Permissive Only Mode Right-Turn Movements in a Separate Signal Face

 * | 694


text:
Bible (Berean Standard)/1 John

1 · 2 · 3 · 4 · 5

The Word of Life

(Luke 24:36–49; John 20:19–23)

That which was from the beginning, which we have heard, which we have seen with our own eyes, which we have gazed upon and touched with our own hands—this is the Word of life. And this is the life that was revealed; we have seen it and testified to it, and we proclaim to you the eternal life that was with the Father and was revealed to us.

We proclaim to you what we have seen and heard, so that you also may have fellowship with us. And this fellowship of ours is with the Father and with His Son, Jesus Christ. We write these things so that our joy may be complete.

Walking in the Light

(John 8:12–29)

And this is the message we have heard from Him and announce to you: God is light, and in Him there is no darkness at all. If we say we have fellowship with Him yet walk in the darkness, we lie and do not practice the truth. But if we walk in the light as He is in the light, we have fellowship with one another, and the blood of Jesus His Son cleanses us from all sin.

If we say we have no sin, we deceive ourselves, and the truth is not in us. If we confess our sins, He is faithful and just to forgive us our sins and to cleanse us from all unrighteousness. If we say we have not sinned, we make Him out to be a liar, and His word is not in us.

Jesus Our Advocate

My little children, I am writing these things to you so that you will not sin. But if anyone does sin, we have an advocate before the Father—Jesus Christ, the Righteous One. He Himself is the atoning sacrifice for our sins, and not only for ours but also for the sins of the whole world.

By this we can be sure that we have come to know Him: if we keep His commandments. If anyone says, “I know Him,” but does not keep His commandments, he is a liar, and the truth is not in him. But if anyone keeps His word, the love of God has been truly perfected in him. By this we know that we are in Him: Whoever claims to abide in Him must walk as Jesus walked.

A New Commandment

Beloved, I am not writing to you a new commandment, but an old one, which you have had from the beginning. This commandment is the message you have heard. Then again, I am also writing to you a new commandment, which is true in Him and also in you. For the darkness is fading and the true light is already shining.

If anyone claims to be in the light but hates his brother, he is still in the darkness. Whoever loves his brother remains in the light, and there is no cause of stumbling in him. But whoever hates his brother is in the darkness and walks in the darkness. He does not know where he is going, because the darkness has blinded his eyes.

I am writing to you, little children, because your sins have been forgiven through His name.

I am writing to you, fathers, because you know Him who is from the beginning.

I am writing to you, young men, because you have overcome the evil one.

I have written to you, children, because you know the Father.

I have written to you, fathers, because you know Him who is from the beginning.

I have written to you, young men, because you are strong, and the word of God abides in you, and you have overcome the evil one.

Do Not Love the World

Do not love the world or anything in the world. If anyone loves the world, the love of the Father is not in him. For all that is in the world—the desires of the flesh, the desires of the eyes, and the pride of life—is not from the Father but from the world. The world is passing away, along with its desires; but whoever does the will of God remains forever.

Beware of Antichrists

Children, it is the last hour; and just as you have heard that the antichrist is coming, so now many antichrists have appeared. This is how we know it is the last hour. They went out from us, but they did not belong to us. For if they had belonged to us, they would have remained with us. But their departure made it clear that none of them belonged to us.

You, however, have an anointing from the Holy One, and all of you know the truth. I have not written to you because you lack knowledge of the truth, but because you have it, and because no lie comes from the truth. Who is the liar, if it is not the one who denies that Jesus is the Christ? This is the antichrist, who denies the Father and the Son. Whoever denies the Son does not have the Father, but whoever confesses the Son has the Father as well.

Remain in Christ

As for you, let what you have heard from the beginning remain in you. If it does, you will also remain in the Son and in the Father. And this is the promise that He Himself made to us: eternal life.

I have written these things to you about those who are trying to deceive you. And as for you, the anointing you received from Him remains in you, and you do not need anyone to teach you. But just as His true and genuine anointing teaches you about all things, so remain in Him as you have been taught.

And now, little children, remain in Christ, so that when He appears, we may be confident and unashamed before Him at His coming.

If you know that He is righteous, you also know that everyone who practices righteousness has been born of Him.

Children of God

Behold what manner of love the Father has given to us, that we should be called children of God. And that is what we are! The reason the world does not know us is that it did not know Him. Beloved, we are now children of God, and what we will be has not yet been revealed. We know that when Christ appears, we will be like Him, for we will see Him as He is. And everyone who has this hope in Him purifies himself, just as Christ is pure.

Everyone who practices sin practices lawlessness as well. Indeed, sin is lawlessness. But you know that Christ appeared to take away sins, and in Him there is no sin. No one who remains in Him keeps on sinning. No one who continues to sin has seen Him or known Him.

Little children, let no one deceive you: The one who practices righteousness is righteous, just as Christ is righteous. The one who practices sin is of the devil, because the devil has been sinning from the very start. This is why the Son of God was revealed, to destroy the works of the devil.

Anyone born of God refuses to practice sin, because God’s seed abides in him; he cannot go on sinning, because he has been born of God. By this the children of God are distinguished from the children of the devil: Anyone who does not practice righteousness is not of God, nor is anyone who does not love his brother.

Love One Another

(John 13:31–35; Romans 12:9–13)

This is the message you have heard from the beginning: We should love one another. Do not be like Cain, who belonged to the evil one and murdered his brother. And why did Cain slay him? Because his own deeds were evil, while those of his brother were righteous. So do not be surprised, brothers, if the world hates you.

We know that we have passed from death to life, because we love our brothers. The one who does not love remains in death. Everyone who hates his brother is a murderer, and you know that eternal life does not reside in a murderer.

By this we know what love is: Jesus laid down His life for us, and we ought to lay down our lives for our brothers. If anyone with earthly possessions sees his brother in need, but withholds his compassion from him, how can the love of God abide in him?

Little children, let us love not in word and speech, but in action and truth. And by this we will know that we belong to the truth, and will assure our hearts in His presence: Even if our hearts condemn us, God is greater than our hearts, and He knows all things.

Beloved, if our hearts do not condemn us, we have confidence before God, and we will receive from Him whatever we ask, because we keep His commandments and do what is pleasing in His sight. And this is His commandment: that we should believe in the name of His Son, Jesus Christ, and we should love one another just as He commanded us. Whoever keeps His commandments remains in God, and God in him. And by this we know that He remains in us: by the Spirit He has given us.

Testing the Spirits

Beloved, do not believe every spirit, but test the spirits to see whether they are from God. For many false prophets have gone out into the world. By this you will know the Spirit of God: Every spirit that confesses that Jesus Christ has come in the flesh is from God, and every spirit that does not confess Jesus is not from God. This is the spirit of the antichrist, which you have heard is coming and which is already in the world at this time.

You, little children, are from God and have overcome them, because greater is He who is in you than he who is in the world. They are of the world. That is why they speak from the world’s perspective, and the world listens to them. We are from God. Whoever knows God listens to us; whoever is not from God does not listen to us. That is how we know the Spirit of truth and the spirit of deception.

Love Comes from God

Beloved, let us love one another, because love comes from God. Everyone who loves has been born of God and knows God. Whoever does not love does not know God, because God is love.

This is how God’s love was revealed among us: God sent His one and only Son into the world, so that we might live through Him. And love consists in this: not that we loved God, but that He loved us and sent His Son as the atoning sacrifice for our sins.

Beloved, if God so loved us, we also ought to love one another. No one has ever seen God; but if we love one another, God remains in us, and His love is perfected in us. By this we know that we remain in Him, and He in us: He has given us of His Spirit. And we have seen and testify that the Father has sent His Son to be the Savior of the world.

If anyone confesses that Jesus is the Son of God, God abides in him, and he in God. And we have come to know and believe the love that God has for us. God is love; whoever abides in love abides in God, and God in him. In this way, love has been perfected among us, so that we may have confidence on the day of judgment; for in this world we are just like Him.

There is no fear in love, but perfect love drives out fear, because fear involves punishment. The one who fears has not been perfected in love. We love because He first loved us.

If anyone says, “I love God,” but hates his brother, he is a liar. For anyone who does not love his brother, whom he has seen, cannot love God, whom he has not seen. And we have this commandment from Him: Whoever loves God must love his brother as well.

Overcoming the World

Everyone who believes that Jesus is the Christ has been born of God, and everyone who loves the Father also loves those born of Him. By this we know that we love the children of God: when we love God and keep His commandments. For this is the love of God, that we keep His commandments. And His commandments are not burdensome, because everyone born of God overcomes the world. And this is the victory that has overcome the world: our faith.

Who then overcomes the world? Only he who believes that Jesus is the Son of God. This is the One who came by water and blood, Jesus Christ—not by water alone, but by water and blood. And it is the Spirit who testifies to this, because the Spirit is the truth. For there are three that testify: the Spirit, the water, and the blood—and these three are in agreement.

God’s Testimony about His Son

Even if we accept human testimony, the testimony of God is greater. For this is the testimony that God has given about His Son. Whoever believes in the Son of God has this testimony within him; whoever does not believe God has made Him out to be a liar, because he has not believed in the testimony that God has given about His Son.

And this is that testimony: God has given us eternal life, and this life is in His Son. Whoever has the Son has life; whoever does not have the Son of God does not have life.

Effective Prayer

I have written these things to you who believe in the name of the Son of God, so that you may know that you have eternal life. And this is the confidence that we have before Him: If we ask anything according to His will, He hears us. And if we know that He hears us in whatever we ask, we know that we already possess what we have asked of Him.

If anyone sees his brother committing a sin not leading to death, he should ask God, who will give life to those who commit this kind of sin. There is a sin that leads to death; I am not saying he should ask regarding that sin. All unrighteousness is sin, yet there is sin that does not lead to death.

The True God

We know that anyone born of God does not keep on sinning; the One who was born of God protects him, and the evil one cannot touch him. We know that we are of God, and that the whole world is under the power of the evil one. And we know that the Son of God has come and has given us understanding, so that we may know Him who is true; and we are in Him who is true—in His Son Jesus Christ. He is the true God and eternal life.

Little children, keep yourselves from idols.

title: Bible (Berean Standard)/1 John


text:
Page:Frenzied Fiction.djvu/131

 Rh round and saw us his face did not react off us as we should have expected.

He seemed to look at us, if such a thing were possible, without seeing us, or, at least, without wishing to see us.

We handed him our card.

He took it, read it, dropped it into a bowlful of sulphuric acid and then, with a quiet gesture of satisfaction, turned again to his work.

We sat for some time behind him. “This, then,” we thought to ourselves (we always think to ourselves when we are left alone), “is the man, or rather is the back of the man, who has done more” (here we consulted the notes given us by our editor), “to revolutionize our conception of atomic dynamics than the back of any other man.”

Presently the Great Scientist turned towards us with a sigh that seemed to our ears to have a note of weariness in it. Something, we felt, must be making him tired.

“What can I do for you?” he said.

“Professor,” we answered, “we have called upon you in response to an overwhelming demand on the part of the public”

The Great Scientist nodded.

“To learn something of your new researches and discoveries in” (here we consulted a minute card which we carried in our

title: Page:Frenzied Fiction.djvu/131


text:
Page:The Mystery of the Blue Train.pdf/11

 Dedicated to

CARLOTTA and PETER


text:
Bible (Berean Standard)/2 John

1

A Greeting from the Elder

(3 John 1:1–4)

The elder,

To the chosen lady and her children, whom I love in the truth—and not I alone, but also all who know the truth— because of the truth that abides in us and will be with us forever:

Grace, mercy, and peace from God the Father and from Jesus Christ, the Son of the Father, will be with us in truth and love.

Walking in the Truth

(John 8:30–47)

I was overjoyed to find some of your children walking in the truth, just as the Father has commanded us. And now I urge you, dear lady—not as a new commandment to you, but one we have had from the beginning—that we love one another. And this is love, that we walk according to His commandments. This is the very commandment you have heard from the beginning, that you must walk in love.

Beware of Deceivers

For many deceivers have gone out into the world, refusing to confess the coming of Jesus Christ in the flesh. Any such person is the deceiver and the antichrist. Watch yourselves, so that you do not lose what we have worked for, but that you may be fully rewarded. Anyone who runs ahead without remaining in the teaching of Christ does not have God. Whoever remains in His teaching has both the Father and the Son.

If anyone comes to you but does not bring this teaching, do not receive him into your home or even greet him. Whoever greets such a person shares in his evil deeds.

Conclusion

(3 John 1:13–14)

I have many things to write to you, but I would prefer not to do so with paper and ink. Instead, I hope to come and speak with you face to face, so that our joy may be complete.

The children of your elect sister send you greetings.

title: Bible (Berean Standard)/2 John


text:
Page:Journal of Conversations with Lord Byron.pdf/93

 second class. She, however, had not this opportunity, which I regret, as I think it would have justified her expectations. In England, the raw material is generally good; it is the overdressing that injures it; and as the class she wished to study, are well educated, and have all the refinement of civilization without its corruption, she would have carried away a favorable impression. Lord Grey and his family were the personification of her beau idéal of perfection, as I must say they are of mine," continued Byron, "and might serve as the finest specimens of the pure English patrician breed, of which so few remain. His uncompromising and uncompromised dignity, founded on self-respect, and accompanied by that certain proof of superiority - simplicity of manner and freedom from affectation, with her mild and matron graces, her whole life offering a model to wives and mothers - really they are people to be proud of, and a few such would reconcile one to one's species."

One of our first rides with Lord Byron was to Nervi, a village on the sea-coast, most romantically situated, and each turn of the road presenting various and beautiful prospects. They were all familiar to him, and he failed not to point them out, but in very sober terms, neverallowing any thing like enthusiasm in his ex-


text:
Page:Bierce - Collected Works - Volume 09.djvu/73

Rh ignorant. He was not an honorable man, but a professional pirate. He was, in the most hateful sense of the word, an adventurer. His voyage was undertaken with a view solely to his own advantage, the gratification of an incredible avarice. In the lust of gold he committed deeds of cruelty, treachery and oppression for which no fitting names are found in the vocabulary of any modern tongue. To the harmless and hospitable peoples among whom he came he was a terror and a curse. He tortured them, he murdered them, he sent them over the sea as slaves. So monstrous were his crimes, so conscienceless his ambition, so insatiable his greed, so black his treachery to his sovereign, that in his mere imprisonment and disgrace we have a notable instance of "the miscarriage of justice." In the black abysm of this man's character we may pile falsehood upon falsehood, but we shall never build the monument high enough to top the shadow of his shame. Upon the culm and crown of that reverend pile every angel will still look down and weep.

We are told that Columbus was no worse than the men of his race and generation — that his vices were " those of his time." No vices are peculiar to any time ; this world has been


text:
Page:Journal of Conversations with Lord Byron.pdf/94

 pressions, though many of the views might have excited it.

His appearance on horseback was not advantageous, and he seemed aware of it, for he made many excuses for his dress and equestrian appointments. His horse was literally covered with various trappings, in the way of cavesons, martingales, and Heaven knows how many other (to me) unknown inventions. The saddle was à la hussarde with holsters, in which he always carried pistols. His dress consisted of a nankeen jacket and trousers, which appeared to have shrunk from washing; the jacket embroidered in the same color, and with three rows of buttons; the waist very short, the back very narrow, and the sleeves set in as they used to be ten or fifteen years before; a black stock, very narrow; a dark-blue velvet cap with a shade, and a very rich gold band and large gold tassel at the crown; nankeen gaiters, and a pair of blue spectacles, completed his costume, which was any thing but becoming. This was his general dress of a morning for riding, but I have seen it changed for a green tartan plaid jacket. He did not ride well, which surprised us, as, from the frequent allusions to horsemanship in his works, we expected to find him almost a Nimrod. It was evident that he had pretensions on this point, though he certainly was


text:
Page:Frenzied Fiction.djvu/139

 Rh “No, that is only five dollars.”

The Professor had meantime found his purse.

“Would it be all right,” he began, “that is, would you mind if I pay you the money now? I am apt to forget.”

“Quite all right,” we answered. We said good-bye very gently and passed out. We felt somehow as if we had touched a higher life. “Such,” we murmured, as we looked about the ancient campus, “are the men of science: are there, perhaps, any others of them round this morning that we might interview?”

It was at their beautiful country place on the Woonagansett that we had the pleasure of interviewing the Afterthoughts. At their own cordial invitation, we had walked over from the nearest railway station, a distance of some fourteen miles. Indeed, as soon as they heard of our intention they invited us to walk. “We are so sorry not to bring you in the motor,” they wrote, “but the roads are so frightfully dusty that we might get dust on our chauffeur.” This little touch of thoughtfulness is the keynote of their character.

title: Page:Frenzied Fiction.djvu/139


text:
Page:Sid & Marty Krofft Television Productions v. McDonald's Corporation.pdf/19

 case involved claims for breach of contract and trademark infringement in which the plaintiffs also asked for an accounting. The Court ruled that the wording of the claim for relief is not dispositive. The plaintiffs sought money damages and had a right to trial by jury. Id. at 477–78, 82 S.Ct. 894. See also Ross v. Bernhard, 396 U.S. 531, 541–42, 90 S.Ct. 733, 24 L.Ed.2d 729 (1970); Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 509, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959). Plaintiffs’ claim for damages and an accounting of profits in this case parallels that made in Dairy Queen.

The issue whether an accounting of profits in an infringement action is legal or equitable was considered by the court in Swofford v. B & W, Inc., 336 F.2d 406 (5 Cir.), ''cert. denied'', 379 U.S. 962, 85 S.Ct. 653, 13 L.Ed.2d 557 (1964). That court held that Dairy Queen controlled, and said:

"“[A]n accounting for profits, although a creature of equity, is a rule of administration and not of jurisdiction. The court of equity awarded compensatory damages incidental to an injunction to avoid multiplicity of suits and not because the jury lacked competence. We do not believe that this practice in patent and copyright infringement cases, which was justified historically to avoid multiplicity of litigation in a divided procedure, should be continued in a merged system where such multiplicity can be avoided by one civil action. It is a well-settled doctrine that the distinction of jurisdiction, between law and equity, is constitutional, to the extent to which the Seventh Amendment forbids any infringement of the right of trial by jury, as fixed by the common law. To continue the past practice is to convert an administrative rule into a jurisdictional one so as to deprive the parties of a jury on what is basically a money claim for damages based on a charge of … infringement.” 336 F.2d at 411 (citations omitted)."

We agree with this reasoning. Plaintiffs in this case had a right to a jury trial.

But a right is not an obligation. Dairy Queen only decided when a party has a right to a jury trial. It certainly cannot be read to hold that the parties are required to have a jury determination even if they do not wish it. It is clear from our analysis of the Pre-Trial Conference Order and jury instructions that the parties did not intend the jury to consider profits. The district court therefore was in error in concluding that Dairy Queen compelled the jury to consider profits in this case.

The judgment of the district court finding infringement is affirmed. The McDonald commercials are based on the same ideas as the H. R. PufnStufPunfnstuf [sic] series. The expression of that idea is sufficiently similar so that a jury applying an intrinsic test could find infringement. This is especially true here since there was strong evidence of access. SNEED, Circuit Judge:

I concur in the preceding portion of this opinion. The following portion, dealing with the problems of alternative or cumulative recovery and “in lieu” damages, expresses the majority view of this court on these two issues, and is intended to complement the preceding portion of this opinion.

If defendants can render an accounting of their profits, the question


text:
Bible (Berean Standard)/3 John

1

A Greeting from the Elder

(2 John 1:1–3)

The elder,

To the beloved Gaius, whom I love in the truth:

Beloved, I pray that in every way you may prosper and enjoy good health, as your soul also prospers. For I was overjoyed when the brothers came and testified about your devotion to the truth, in which you continue to walk. I have no greater joy than to hear that my children are walking in the truth.

Gaius Commended for Hospitality

Beloved, you are faithful in what you are doing for the brothers, and especially since they are strangers to you. They have testified to the church about your love. You will do well to send them on their way in a manner worthy of God. For they went out on behalf of the Name, accepting nothing from the Gentiles. Therefore we ought to support such men, so that we may be fellow workers for the truth.

Diotrephes and Demetrius

I have written to the church about this, but Diotrephes, who loves to be first, will not accept our instruction. So if I come, I will call attention to his malicious slander against us. And unsatisfied with that, he refuses to welcome the brothers and forbids those who want to do so, even putting them out of the church.

Beloved, do not imitate what is evil, but what is good. The one who does good is of God; the one who does evil has not seen God.

Demetrius has received a good testimony from everyone, and from the truth itself. We also testify for him, and you know that our testimony is true.

Conclusion

(2 John 1:12–13)

I have many things to write to you, but I would prefer not to do so with pen and ink. Instead, I hope to see you soon and speak with you face to face.

Peace to you.

The friends here send you greetings.

Greet each of our friends there by name.

title: Bible (Berean Standard)/3 John


text:
Page:Frenzied Fiction.djvu/148

 Rh “Yes. To do it, of course, I shall go to jail for two or three years!”

“But how can you get in?” we asked, thrilled at the quiet determination of the frail woman before us.

“I shall demand it as a right,” she answered quietly. “I shall go to the authorities, at the head of a band of enthusiastic women, and demand that I shall be sent to jail. Surely after the work I have done, that much is coming to me.”

“It certainly is,” we said warmly.

We rose to go.

Both the novelists shook hands with us with great cordiality. Mr. Afterthought walked as far as the front door with us and showed us a short cut past the beehives that could take us directly through the bull pasture to the main road.

We walked away in the gathering darkness of evening very quietly. We made up our mind as we went that novel writing is not for us. We must reach the penitentiary in some other way.

But we thought it well to set down our interview as a guide to others.

title: Page:Frenzied Fiction.djvu/148


text:
Page:Frenzied Fiction.djvu/171

 Rh It’s lonely up here. In the old days I could have rung a bell and had a drink sent up to the room; but away up here on the fifteenth floor! Oh, no, they’d never send a drink clean up to the fifteenth floor. Of course, in the old days, I could have put on my canvas slippers and walked down to the bar and had a drink and talked to the bar-tender.

But of course they wouldn’t have a bar in a place like this. I’d like to go down and see, but I don’t know that I’d care to ask, anyway. No, I guess I’ll just sit and wait. Some one will come for me, I guess, after a while.

If I were back right now in our town, I could walk into Ed Clancey’s restaurant and have ham and eggs, or steak and eggs, or anything, for thirty-five cents.

Our town up home is a peach of a little town, anyway.

Say, I just feel as if I’d like to take my satchel and jump clean out of that window. It would be a good rebuke to them.

But, pshaw! what would they care?

title: Page:Frenzied Fiction.djvu/171


text:
Page:Sid & Marty Krofft Television Productions v. McDonald's Corporation.pdf/20

 whether plaintiffs are entitled either to (1) the greater of either damages or profits, or (2) both damages and profits. Courts have been unable to agree on this question. This disagreement has its roots in the conflict between the statutory language, which appears to contemplate a cumulative recovery, and the legislative history, which indicates that Congress envisioned an alternative recovery. This circuit in Universal Pictures Co. v. Harold Lloyd Corp., 162 F.2d 354 (9th Cir. 1947) expressly adopted the alternative recovery, and we are constrained to follow that decision here.

It has been argued that the Supreme Court’s decision in F. W. Woolworth Co. v. Contemporary Arts, Inc., 344 U.S. 228, 73 S.Ct. 222, 97 L.Ed. 276 (1952) and this court’s interpretation of that decision in Shapiro, Bernstein & Co. v. 4636 S. Vermont Ave., Inc., 367 F.2d 236 (9th Cir. 1966) overruled, sub silentio, Universal Pictures. We disagree. Both Woolworth and Shapiro dealt with the related question of the propriety of “in lieu” damages in certain factual situations; neither squarely confronted the question of cumulative versus alternative recovery.

To illustrate, in Woolworth the district court had awarded “in lieu” damages in the face of ascertained, albeit small, profits and substantial but unproven damages. The Supreme Court affirmed this award for two reasons: (1) to compensate the copyright owner for injury when proof of such injury is difficult or impossible, and (2) to discourage wrongful conduct. In the context of this holding the Court used the following language, which it has been argued, demonstrates that it favors cumulative recovery. "[A] rule of liability which merely takes away the profits from an infringement would offer little discouragement to infringers. It would fall short of an effective sanction for enforcement of the copyright policy. The statutory rule, formulated after long experience, not merely compels restitution of profit and reparation for injury but also is designed to discourage wrongful conduct."

344 U.S. at 238, 73 S.Ct. at 225.

When read in light of the issue before the Court, viz. the propriety of “in lieu” damages, this passage does not indicate that cumulative recovery is required to discourage infringement, but rather that the threat of “in lieu” damages should exist to serve as a deterrent to future infringement. The remainder of the quoted passage further evidences the thrust of the Court’s opinion. "The discretion of the court is wide enough to permit a resort to statutory damages for such purposes. Even for uninjurious and unprofitable invasions of copyright the court may, if it deems it just, impose a liability within the statutory limits to sanction and vindicate the statutory policy."

Id.

The fact that “a rule of liability which merely takes away the profits” is an


text:
Bible (Berean Standard)/Jude

1

A Greeting from Jude

(James 1:1)

Jude, a servant of Jesus Christ and a brother of James,

To those who are called, loved by God the Father, and kept in Jesus Christ:

Mercy, peace, and love be multiplied to you.

God’s Judgment on the Ungodly

(2 Peter 3:1–7)

Beloved, although I made every effort to write to you about the salvation we share, I felt it necessary to write and urge you to contend earnestly for the faith entrusted once for all to the saints. For certain men have crept in among you unnoticed—ungodly ones who were designated long ago for condemnation. They turn the grace of our God into a license for immorality, and they deny our only Master and Lord, Jesus Christ.

Although you are fully aware of this, I want to remind you that after Jesus had delivered His people out of the land of Egypt, He destroyed those who did not believe. And the angels who did not stay within their own domain but abandoned their proper dwelling—these He has kept in eternal chains under darkness, bound for judgment on that great day. In like manner, Sodom and Gomorrah and the cities around them, who indulged in sexual immorality and pursued strange flesh, are on display as an example of those who sustain the punishment of eternal fire.

Yet in the same way these dreamers defile their bodies, reject authority, and slander glorious beings. But even the archangel Michael, when he disputed with the devil over the body of Moses, did not presume to bring a slanderous charge against him, but said, “The Lord rebuke you!” These men, however, slander what they do not understand, and like irrational animals, they will be destroyed by the things they do instinctively. Woe to them! They have traveled the path of Cain; they have rushed headlong into the error of Balaam; they have perished in Korah’s rebellion.

These men are hidden reefs in your love feasts, shamelessly feasting with you but shepherding only themselves. They are clouds without water, carried along by the wind; fruitless trees in autumn, twice dead after being uprooted. They are wild waves of the sea, foaming up their own shame; wandering stars, for whom blackest darkness has been reserved forever.

Enoch, the seventh from Adam, also prophesied about them:

 * “Behold, the Lord is coming
 * with myriads of His holy ones
 * to execute judgment on everyone,
 * and to convict all the ungodly
 * of every ungodly act of wickedness
 * and every harsh word spoken against Him by ungodly sinners.”

These men are discontented grumblers, following after their own lusts; their mouths spew arrogance; they flatter others for their own advantage.

A Call to Persevere

(Hebrews 10:19–39; 2 Peter 3:1–7)

But you, beloved, remember what was foretold by the apostles of our Lord Jesus Christ when they said to you, “In the last times there will be scoffers who will follow after their own ungodly desires.” These are the ones who cause divisions, who are worldly and devoid of the Spirit.

But you, beloved, by building yourselves up in your most holy faith and praying in the Holy Spirit, keep yourselves in the love of God as you await the mercy of our Lord Jesus Christ to bring you eternal life.

And indeed, have mercy on those who doubt; save others by snatching them from the fire; and to still others show mercy tempered with fear, hating even the clothing stained by the flesh.

Doxology

(Romans 16:25–27)

Now to Him who is able to keep you from stumbling and to present you unblemished in His glorious presence, with great joy— to the only God our Savior be glory, majesty, dominion, and authority through Jesus Christ our Lord before all time, and now, and for all eternity.

Amen.

title: Bible (Berean Standard)/Jude


text:
Page:Frenzied Fiction.djvu/165

! Well!

Whatever has been happening to this place, to New York? Changed? Changed since I was here in ’86? Well, I should say so.

The hack-driver of the old days that I used to find waiting for me at the station curb, with that impossible horse of his—the hack-driver with his bulbous red face, and the nice smell of rye whisky all ‘round him for yards—gone, so it seems, for ever.

And in place of him this—what is it they call it?—taxi, with a clean-shaven cut-throat steering it. “Get in,” he says. Just that. He doesn’t offer to help me or lift my satchel. All right, young man, I’m crawling in.

That’s the machine that marks it, eh? I suppose they have them rigged up so they can punch up anything they like. I thought so—he hits it up to fifty cents before we start. But I saw him do it. Well, I can stand for

title: Page:Frenzied Fiction.djvu/165


text:
Page:Sid & Marty Krofft Television Productions v. McDonald's Corporation.pdf/21

 deterrent helped to convince the Court to hold that “in lieu” recovery, not cumulative recovery, was available.

Nor does Shapiro hold that cumulative recovery is available under the Act. In Shapiro, the trial court had determined that, although ascertainable, damages were non-existent and profits were de minimus and consequently, the copyright owner was entitled to no monetary recovery. The Ninth Circuit affirmed these findings of fact and, reasoning from Woolworth, held that although the trial court had the discretion to apply “in lieu” damages, its refusal to do so was not error.

The trial court, relying on Sheldon v. Metro-Goldwyn Corp., 309 U.S. 390, 60 S.Ct. 681, 84 L.Ed. 825 (1940), had concluded that if either profits or damages are ascertainable, then “in lieu” damages are inappropriate. We disagreed with that conclusion. In passing we stated that "since the opinion in Woolworth, Sheldon does not stand for the proposition that where both profits and damages can be ascertained the court should award the higher but not both and should decline to resort to the “in lieu” provision."

367 F.2d at 240.

This statement merely acknowledges the Woolworth dicta which indicates that the trial court has discretion to award “in lieu” damages even though both profits and damages have been proved. Again, we must note that this court was dealing not with the propriety of cumulative versus alternative recovery, but rather with the availability of “in lieu” damages. The question of whether only the higher of the two ascertainable elements may be awarded was not before the court; the court simply held that even with ascertainable profits and damages, “in lieu” damages still may be granted.

In the case now before us the district court, after the jury had been dismissed, refused to exercise its discretion to hear additional testimony on the applicability of “in lieu” damages. It ruled that “in lieu” damages should have been submitted previously to the jury and consequently it declined to consider the propriety of such an award. We reverse this determination and hold that, after the plaintiffs have had an opportunity to prove profits, the district court should consider the propriety of “in lieu” damages, although an award of such damages will be within its discretion.

We so hold because the issue of “in lieu” damages is properly addressed to the court, not the jury. Section 101(b) expressly directs the court to use its discretion in the determination of “in lieu” damages. The jury plays no role in this determination, because “the court’s conception of what is just in the particular case, considering the nature of the copyright, the circumstances of the infringement, and the like, is made the measure of the damages to be paid….” Westermann Co. v. Dispatch Printing Co., 249 U.S. 100, 106, 39 S.Ct. 194, 196, 63 L.Ed. 499 (1919) (emphasis added). See F. W. Woolworth Co. v. Contemporary Arts, Inc., supra.


text:
Page:Frenzied Fiction.djvu/236

 Rh as moral and as loyal and as disagreeable as it always was.

“Porter,” I said, “is it true that there is prohibition here now?”

The porter shook his head.

“I ain’t heard of it,” he said.

title: Page:Frenzied Fiction.djvu/236


text:
Page:Journal of Conversations with Lord Byron.pdf/95

 what I should call a timid rider. When his horse made a false step, which was not unfrequent, he seemed discomposed; and when we came to any bad part of the road, he immediately checked his course and walked his horse very slowly, though there really was nothing to make even a lady nervous. Finding that I could perfectly manage (or what he called bully) a very highly-dressed horse that I daily rode, he became extremely anxious to buy it; asked me a thousand questions as to how I had acquired such a perfect command of it, &c. &c. and entreated, as the greatest favor, that I would resign it to him as a charger to take to Greece, declaring he never would part with it, &c. As I was by no means a bold rider, we were rather amused at observing Lord Byron s opinion of my courage; and as he seemed so anxious for the horse, I agreed to let him have it when he was to embark. From this time he paid particular attention to the movements of poor Mameluke, (the name of the horse,) and said he should now feel confidence in action with so steady a charger.

During our ride the conversation turned on our mutual friends and acquaintances in England. Talking of two of them, for one of whom he professed a great regard, he declared laughingly that they had saved him from suicide. Seeing me look grave, he added, "It is a fact, I assure you;


text:
Page:Frenzied Fiction.djvu/219

 Rh or three times—in a large way of course; and I find that if I want to get a really good dinner, where the champagne is just as it ought to be, and where hospitality is unhindered by mean thoughts of expense, I can get it best at the house of a ruined man.

title: Page:Frenzied Fiction.djvu/219


text:
Page:Sid & Marty Krofft Television Productions v. McDonald's Corporation.pdf/22

 The precise scope of the district court’s discretion in awarding “in lieu” damages presents a more difficult question. Although in all cases the amount of “in lieu” damages is left to the discretion of the district court, limited in certain circumstances by the maximum and minimum amounts prescribed by the Act, the circumstances, if any, under which such an award must be made can be discerned only after properly interpreting F. W. Woolworth Co. v. Contemporary Arts, Inc. and Shapiro, Bernstein & Co. v. 4636 S. Vermont Ave., Inc.

Woolworth, strictly read, teaches us that when only profits are proven the district court has the discretion to award “in lieu” damages. The Supreme Court, however, indicated that “in lieu” damages also could be awarded when only actual damages were proven: “Lack of adequate proof on either element would warrant resort to the statute in the discretion of the court, subject always to the statutory limitations.” F. W. Woolworth Co. v. Contemporary Arts, Inc., 344 U.S. at 233, 73 S.Ct. at 225 (Emphasisemphasis [sic] added).

It has been suggested that Shapiro teaches that if either profits or actual damages are not ascertained the district court must award “in lieu” damages. See, e. g., 2 M. Nimmer § 154.13 at 681, n. 91a (June 1976 Supp. at 77–78). We disagree. Shapiro was a case in which both actual damages and profits were ascertained. Under these circumstances the district court declined to award “in lieu” damages. This court affirmed the findings of fact but held, nonetheless, that the trial court in its discretion could award “in lieu” damages but was under no duty to do so.

Those who read Shapiro to impose a duty to award “in lieu” damages if either profits or actual damages are unascertainable point to dicta that states that “the judicial discretion … only comes into play when profits and damages have actually been proved, and unless they have, the court must apply the statutory standard.” 367 F.2d at 240. We read this to mean that the district court has a duty to award “in lieu” damages only when both profits and damages have not been established. Three considerations support this interpretation. First, the cases cited immediately after the above quoted dicta, i. e., Douglas v. Cunningham, 294 U.S. 207, 55 S.Ct. 365, 79 L.Ed. 862 (1935); Jewell-LaSalle Realty Co. v. Buck, 283 U.S. 202, 51 S.Ct. 407, 75 L.Ed. 978 (1931); Westermann Co. v. Dispatch Printing Co., 249 U.S. 100, 39 S.Ct. 194, 63 L.Ed. 499 (1919), all involved fact situations in which neither damages nor profits were proven. With this in mind, it is clear why the court said immediately following the citations that Woolworth did not conflict with these cases. Second, a contrary interpretation of Shapiro would place it in direct conflict with the holding of Woolworth. Faced with ascertained profits, but unascertained damages, the Court nevertheless held that “in lieu” damages were discretionary. Third, inasmuch as Shapiro was decided in the context of ascertained profits and ascertained damages, it is not unreasonable to assume that the court was addressing situations in which either both profits and damages are ascertained or neither is ascertained.

This interpretation of Shapiro leaves the problem of “in lieu” damages in the following posture. If either profits or actual damages or both are ascertained, the court, in its discretion, may award statutory “in lieu” damages. If neither profits nor


text:
Page:Journal of Conversations with Lord Byron.pdf/96

 I should positively have destroyed myself, but guessed that - or - would write my life, and with this fear before my eyes, I have lived on. I know so well the sort of things they would write of me - the excuses, lame as myself, that they would offer for my delinquencies, while they were unnecessarily exposing them, and all this done with the avowed intention of justifying, what, God help me! cannot be justified, my unpoetical reputation, with which the world can have nothing to do! One of my friends would dip his pen in clarified honey, and the other in vinegar, to describe my manifold transgressions, and as I do not wish my poor fame to be either preserved or pickled, I have lived on and written my Memoirs, where facts will speak for themselves, without the editorial candor of excuses, such as 'we cannot excuse this unhappy error, or defend that impropriety!' - the mode," continued Byron, "in which friends exalt their own prudence and virtue, by exhibiting the want of those qualities in the dear departed, and by marking their disapproval of his errors. I have written my Memoirs," said Byron, "to save the necessity of their being written by a friend or friends, and have only to hope they will not add notes."

I remarked, with a smile, that at all events he anticipated hi, friends by saying beforehand as