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Hans Reiser

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A restraining order or protective order is an order used by a court to protect a person in a situation often involving alleged domestic violence , child abuse and neglect , assault , harassment , stalking , or sexual assault .

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69-502: Hans Thomas Reiser (born December 19, 1963) is an American computer programmer , entrepreneur , and convicted murderer . In April 2008, Reiser was convicted of the first-degree murder of his wife, Nina Reiser, who disappeared in September 2006. He subsequently pleaded guilty to a reduced charge of second-degree murder , as part of a settlement agreement that included disclosing the location of Nina Reiser's body, which he revealed to be in

138-483: A flight simulator . Simple programs can be written in a few hours. More complex ones may require more than a year of work, while others are never considered 'complete' but rather are continuously improved as long as they stay in use. In most cases, several programmers work together as a team under a senior programmer's supervision. Programming editors, also known as source code editors , are text editors that are specifically designed for programmers or developers to write

207-519: A DNA sample. On October 10, 2006, following the second search of his home, Oakland police and Homeland Security Investigations (HSI) investigators removed a number of items. HSI had been investigating Reiser for money laundering. Police arrested Reiser for the murder of Nina and charged him. On October 11, 2006, law enforcement officials said that blood spatter had been found in Reiser's house and car. Forensic testing could neither confirm nor rule out Nina as

276-421: A car so Hans could drive hers. Police searched his property. Following Nina's disappearance, Hans attempted to obtain custody but was unsuccessful. Oakland police testified against Hans Reiser at the custody hearing, though they did not reveal the evidence on which they based their concerns. Later that month, Oakland police briefly detained Hans Reiser, served him with a search warrant on his person, and obtained

345-450: A demand for software. Many of these programs were written in-house by full-time staff programmers; some were distributed between users of a particular machine for no charge, while others were sold on a commercial basis. Other firms, such as Computer Sciences Corporation (founded in 1959), also started to grow. Computer manufacturers soon started bundling operating systems , system software and programming environments with their machines;

414-526: A false sense of security," and in its Family Legal Guide, the American Bar Association warns “a court order might even add to the alleged offender's rage". Castle Rock v. Gonzales , 545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C.   § 1983 for failing to enforce

483-421: A further decline of -9 percent from 2019 to 2029, a decline of -10 percent from 2021 to 2031. and then a decline of -11 percent from 2022 to 2032. Since computer programming can be done from anywhere in the world, companies sometimes hire programmers in countries where wages are lower. However, for software developers BLS projects for 2019 to 2029 a 22% increase in employment, from 1,469,200 to 1,785,200 jobs with

552-402: A lack of general interest in science and mathematics and also out of an apparent fear that programming will be subject to the same pressures as manufacturing and agriculture careers. For programmers, the U.S. Bureau of Labor Statistics (BLS) Occupational Outlook originally predicted a growth for programmers of 12 percent from 2010 to 2020 and thereafter a decline of -7 percent from 2016 to 2026,

621-399: A later confession by Hans to authorities, on September 3, 2006, Nina dropped their children off with Hans at his mother's house, where he was living at the time. The pair got into a heated argument, and Hans strangled her. He buried her body in an isolated area over the course of two nights. Nina was reported missing on September 5, 2006. She had last been seen on September 3, when she dropped

690-414: A median base salary of $ 110,000 per year. This prediction is lower than the earlier 2010 to 2020 predicted increase of 30% for software developers. Though the distinction is somewhat ambiguous, software developers engage in a wider array of aspects of application development and are generally higher skilled than programmers, making outsourcing less of a risk. Another reason for the decline for programmers

759-433: A non-molestation order. Non-molestation orders sought for protection from domestic violence qualify for legal aid regardless of the applicant's income. Federal law requires that all states give "full faith and credit" to every portion of a restraining order issued by any state provided that certain minimum due process requirements are met. Thus a state with very lax standards for issuing a restraining order may enter such

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828-435: A person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court . All protective order statutes permit

897-576: A possible tool to help prevent mass shootings such as the Orlando nightclub shooting . A domestic violence restraining order in the Czech Republic may be issued by a police officer or by a court. Any police officer has authority under the Police Act to issue restraining order prohibiting a person from entering common dwelling and nearby areas and from contacting the threatened person. Such restraining order

966-409: A programmer, although professional certifications are commonly held by programmers. Programming is considered a profession . Programmers' work varies widely depending on the type of business for which they are writing programs. For example, the instructions involved in updating financial records are very different from those required to duplicate conditions on an aircraft for pilots training in

1035-648: A programmer. Generally, a programmer writes code in a computer language and with an intent to build software that achieves some goal . Sometimes a programmer or job position is identified by the language used or target platform. For example, assembly programmer , web developer . The job titles that include programming tasks have differing connotations across the computer industry and to different individuals. The following are notable descriptions. A software developer primarily implements software based on specifications and fixes bugs . Other duties may include reviewing code changes and testing . To achieve

1104-469: A protective order, and every state and federal territory would be required to adhere to every provision. Federal law prohibits any person who is subject to a state protective order from possessing a firearm, provided that the protected party is an intimate partner, meaning a spouse or former spouse, or a person with whom the protected party has had a child. Violating a restraining order is a deportable offense. Some states (e.g. Mississippi ) may also call

1173-527: A restraining order a peace bond and are similar to ASBO laws in the UK. Minnesota law provides for an order for protection (OFP) and a harassment restraining order (HRO). Many jurisdictions offer a simplified process for filing a civil complaint for unrepresented litigants. For example, in North Carolina, pro se litigants can file a 50B (also called a DVPO, for domestic violence protective order) complaint with

1242-443: A restraining order can vary from jurisdiction to jurisdiction, but it is generally lower than the standard of beyond a reasonable doubt required in criminal trials. Many US states—such as Oregon and Pennsylvania —use a standard of preponderance of the evidence . Other states use different standards, such as Wisconsin , which require that restraining orders be based on "reasonable grounds". Judges have some incentives to err on

1311-586: A restraining order, only 30% of these orders kept the stalker away. Threat management experts are often suspicious of restraining orders, believing they may escalate or enrage stalkers. In his 1997 book The Gift of Fear , American security specialist Gavin de Becker characterized restraining orders as "homework assignments police give to women to prove they're really committed to getting away from their pursuers," and said they "clearly serve police and prosecutors," but "they do not always serve victims". The Independent Women’s Forum decries them as "lulling women into

1380-406: A restraining order, which had led to the murder of a woman's three children by her estranged husband. Both parties must be informed of the restraining order for it to go into effect. Law enforcement may have trouble serving the order, making the petition unproductive. A study found that some counties had 91 percent of restraining orders non-served. A temporary order of restraint (" ex parte " order)

1449-621: A shallow grave near the couple's home. Prior to his incarceration, Reiser created the ReiserFS computer file system , which may be used by the Linux kernel but which is now scheduled for removal in 2025, as well as its attempted successor, Reiser4 . In 2004, he founded Namesys , a corporation meant to coordinate the development of both file systems. Hans Thomas Reiser was born in Oakland, California to Ramon and Beverly ( née Kleiber) Reiser and grew up in

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1518-438: A team of programmers, communicating with customers, managers and other engineers, considering system stability and quality, and exploring software development methodologies. Sometimes, a software engineer is required to have a degree in software engineering, computer engineering , or computer science. Some countries legally require an engineering degree to be called engineer . British countess and mathematician Ada Lovelace

1587-598: A useful role in threat management". However, a 2002 analysis of 32 U.S. studies found that restraining orders are violated an average of 40 percent of the time and are perceived as being "followed by worse events" almost 21 percent of the time, and concluded that "evidence of [restraining orders'] relative efficacy is lacking", and that they may pose some degree of risk. Other studies have found that restraining orders offer little or no assurance against future interpersonal violence. A large America-wide telephone survey conducted in 1998 found that, of stalking victims who obtained

1656-409: A working, program-controlled, electronic computer. From 1943 to 1945, per computer scientist Wolfgang K. Giloi and AI professor Raúl Rojas et al., Zuse created the first, high-level programming language , Plankalkül . Members of the 1945 ENIAC programming team of Kay McNulty , Betty Jennings , Betty Snyder , Marlyn Wescoff , Fran Bilas and Ruth Lichterman have since been credited as

1725-579: Is in effect for two weeks before a court settles the terms of the order, but it is still not in effect until the alleged abuser is served. Restraining orders most commonly protect a woman against a male alleged abuser. A California study found that 72% of restraining orders active in the state at the time protected a woman against an alleged male abuser. The Wisconsin Coalition Against Domestic Violence uses female pronouns to refer to petitioners and male pronouns to refer to abusers due to

1794-509: Is in the California Health Care Facility . In September 2011, Hans Reiser filed a civil lawsuit. In his complaint, he named more than 70 defendants, including trial judges and his attorney, William Du Bois. He claimed, among other things, that his attorney had conspired with the judge to file motions against him, which were impossible to appeal, and that his attorney had forced him to take the stand against his will. The lawsuit

1863-511: Is often considered to be the first computer programmer. She authored an algorithm , which was published in October 1842, for calculating Bernoulli numbers on the Charles Babbage analytical engine . Because the machine was not completed in her lifetime, she never experienced the algorithm in action. In 1941, German civil engineer Konrad Zuse was the first person to execute a program on

1932-548: Is their skills are being merged with other professions, such as developers, as employers increase the requirements for a position over time. Then there is the additional concern that recent advances in artificial intelligence might impact the demand for future generations of Software professions. As of 2024 in Japan , the demand for programmers is increasing rapidly. Numerous programming schools have opened to meet this demand, including TechAcademy , Tech i.s. and NinjaCode . On

2001-406: Is valid for a period of ten days. In case that the threatened person files for court restraining order, the police restraining order remains valid until court renders decision. A court may issue a domestic violence or stalking restraining order based on application of threatened person for a period of up to one month. This may later be extended if the threatened person files for extension. Extension

2070-583: The IBM 1620 came with the 1620 Symbolic Programming System and FORTRAN . The industry expanded greatly with the rise of the personal computer (PC) in the mid-1970s, which brought computing to the average office worker. In the following years, the PC also helped create a constantly growing market for games, applications and utility software. This resulted in increased demand for software developers for that period of time. Computer programmers write, test, debug , and maintain

2139-622: The Linux kernel mailing list (LKML), in which Reiser recounts his regrets regarding how he interacted with the Linux community. In November of 2024, ReiserFS has been removed from the Linux Kernel. In 1998, while working in Saint Petersburg , Russia, Reiser reportedly arranged to meet a Russian woman he selected from a mail-order bride catalog. Five months later, he married the pair's interpreter, Nina Sharanova ( Russian : Нина Шаранова ). Nina

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2208-501: The journaled computer file systems ReiserFS and Reiser4. ReiserFS has been available in the Linux operating system since version 2.4.1 and has, at times, been the default filesystem on several Linux distributions including, until 2006, Novell's SUSE Linux Enterprise. Following Reiser's 2006 arrest on suspicion of murder, people in the free software community expressed concern over the future of Reiser's newer filesystem (Reiser4). Jonathan Corbet , editor of LWN.net , argued that

2277-410: The alleged abuser ("restitution" provisions). Some courts might also be able to instruct the alleged abuser to turn over any firearms and ammunition they have ("relinquish firearms" provisions), attend a batterers' treatment program, appear for regular drug tests, or start alcohol or drug abuse counselling. Its issuance is sometimes called a "de facto divorce". The standard of proof required to obtain

2346-399: The children off at Hans's mother's house. Nina's minivan, with groceries inside, was found on September 9. It was reported by police that neighbors first spotted the parked minivan on September 5. Hans's neighbors said that they saw him hosing something down in the driveway for half an hour shortly after Nina went missing and said that his car disappeared shortly after, and his mother rented

2415-640: The clerk of court. In the United States, every state has some form of domestic violence restraining order law, and many states also have specific restraining order laws for stalking and sexual assault. In the US, each state has its own restraining order laws, but they tend to be divided into five main types. Not every state will have every type of restraining order on the books. A domestic violence restraining order generally protects only parties deemed to be in some form of "domestic" relationship which may, depending on

2484-477: The context of a domestic relationship or if the statute is written sufficiently broad. In such cases, sexual assault survivors can sometimes qualify for domestic violence restraining orders because any act of sexual intercourse between petitioner and respondent, even during rape, legally establishes the required sexually intimate relationship. Harassment and stalking restraining orders also generally do not require any specific relationship to exist or not exist between

2553-493: The coroner identified the skeletal remains as those of Nina. On August 29, 2008, Reiser was sentenced to 15 years to life, the maximum sentence for second-degree murder. As a result of his plea bargain, Reiser cannot appeal his conviction or sentence. On September 5, 2008, Reiser arrived at San Quentin State Prison to begin his sentence. Reiser tried to appeal his second-degree murder conviction on October 30, 2008. The request

2622-402: The court issues an ex parte order, the defendant must "appear before the court at a specific time and date and . . . show cause, if any, why said temporary civil protection order should not be made permanent". That is, Colorado courts place the burden of proof on the accused to establish his or her innocence, rather than requiring the accuser to prove his or her case. Hawaii similarly requires

2691-418: The court learned of a complication in the trial regarding a former friend of Reiser, Sean Sturgeon. Sturgeon, who had previously dated Nina Reiser, claimed responsibility for eight murders and "possibly" a ninth. In an interview with Wired News , Sturgeon denied that Nina Reiser was one of them. The police doubted that the murders ever took place, and Judge Clay issued a gag order against discussing Sturgeon at

2760-457: The court may allow the alleged abuser to maintain their current living situation with the alleged victim or have contact with them. Some states also allow the court to order the alleged abuser to pay temporary support or continue to make mortgage payments on a home owned by both people ("support" provisions), to award sole use of a home or car owned by both people ("exclusive use" provisions), or to pay for medical costs or property damage caused by

2829-592: The court to instruct an alleged abuser to stay a certain distance away from someone, such as their home, workplace or school ("stay away" provisions), and not to contact them. Alleged victims generally may also request the court to order that all contact, whether it be by telephone, notes, mail, fax, email, text, social media, or delivery of flowers, gifts, or drinks be prohibited ("no contact" provisions). Courts can also instruct an alleged abuser to not hurt or threaten someone ("cease abuse" provisions) known as no violent contact orders. The no-violent contact order statutes from

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2898-528: The defendant to prove his or her own innocence. The low burden of proof for restraining orders has led to some high-profile cases involving stalkers of celebrities obtaining restraining orders against their targets. For example, in 2005 a New Mexico judge issued a restraining order against New York City -based TV host David Letterman after a woman made claims of abuse and harassment, including allegations that Letterman had spoken to her via coded messages on his TV show. The judge later admitted that he granted

2967-409: The detailed instructions, called computer programs , that computers must follow to perform their functions. Programmers also conceive, design, and test logical structures for solving problems by computer. Many technical innovations in programming — advanced computing technologies and sophisticated new languages and programming tools — have redefined the role of a programmer and elevated much of

3036-575: The fact that most petitioners are women and most alleged abusers are men. In English law , a non-molestation order may be granted under Section 42 of the Family Law Act 1996 . Non-molestation orders are a type of injunction used to protect an individual from intimidation or harassment. Breaching a non-molestation order is a criminal offence. Under the Domestic Violence Crime and Victims Act 2004 , cohabiting same-sex couples are able to seek

3105-417: The firearms restrictions. It is sought when household members or police believe a particular individual is at risk to use firearms to harm themselves or others. If a court agrees, the person can have their firearms taken away. This type of restraining order is not intended to protect a specific individual but rather the community at large from someone believed to be a danger for gun violence. It has been cited as

3174-576: The first professional computer programmers. The first company founded specifically to provide software products and services was the Computer Usage Company in 1955. Before that time, computers were programmed either by customers or the few commercial computer manufacturers of the time, such as Sperry Rand and IBM . The software industry expanded in the early 1960s, almost immediately after computers were first sold in mass-produced quantities. Universities, governments, and businesses created

3243-409: The heat of the divorce had chilled over time. In exchange, Hans agreed to be bound by a one-year civil restraining order which prohibited him from "contacting, harassing or disturbing the peace" of Nina. In May, Nina alleged in court filings that her husband had failed to pay 50 percent medical expenses and childcare expenses as ordered by a judge and was in arrears for more than $ 12,000. According to

3312-435: The immaturity of Reiser4's feature set and Reiser's extensive combative relationship with the community meant that the filesystem's future had been limited in any event. Shortly after Reiser's arrest, the employees of Namesys stated that they would continue to work, that the arrest had no immediate effect on the rate of the software's development, and if the case expanded over a longer time, they would seek solutions to ensure

3381-437: The long-term future of the company. On December 21, 2006, Reiser announced that he was selling the company to raise money for his increasing legal fees. According to an interview with Namesys employee Edward Shishkin, as of January 2008, the commercial activity of the company had ceased, but it had not been sold. In November 2023, Reiser wrote a letter to Fredrick Brennan from prison, who forwarded it with Reiser's permission to

3450-592: The other hand, despite the fact that there are more than 1.2 million programmers in Japan as of 2020, more than 40% of Japanese companies say they do not have enough IT personnel, including programmers; by 2030, the number of programmers will exceed 1.6 million, but about 800 000 people, including programmers A shortage of engineers is expected to occur. Restraining order Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief

3519-627: The parties' lawyers and may prolong the legal struggle. Some attorneys offer to have restraining orders dropped in exchange for financial concessions in such proceedings. Experts disagree on whether restraining orders are effective in preventing further harassment. A 2010 analysis published in the Journal of the American Academy of Psychiatry and the Law reviewed 15 U.S. studies of restraining order effectiveness, and concluded that restraining orders "can serve

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3588-663: The parties, but also may not be available in all states. These types of restraining orders also generally require at least two instances of, respectively, harassment or stalking to qualify. In many cases, one statute may cover more than one type of restraining order. For example, what is called a harassment restraining order in Wisconsin also specifically includes cases of sexual assault and stalking. In California, domestic violence restraining orders are issued under Family Code Section 6200, et. seq. The California courts have designed domestic violence restraining orders to be accessible to

3657-434: The programming work done today. Job titles and descriptions may vary, depending on the organization. Programmers work in many settings, including corporate information technology (IT) departments, big software companies , small service firms and government entities of all sizes. Many professional programmers also work for consulting companies at client sites as contractors . Licensing is not typically required to work as

3726-401: The public so as not to require a lawyer to obtain or defend against one. Finally, an extreme risk restraining order is a form of US restraining order, currently used in 13 states. Other forms of restraining order will sometimes order firearms restrictions as a part of a larger injunction intended to protect a specific individual. But with an extreme risk restraining order, the sole focus is on

3795-483: The required skills for the job, they might obtain a computer science or associate degree, attend a programming boot camp or be self-taught . A software engineer usually is responsible for the same tasks as a developer plus broader responsibilities of software engineering including architecting and designing new features and applications, targeting new platforms, managing the software development lifecycle (design, implementation, testing, and deployment), leading

3864-544: The restraining order not on the merits of the case, but because the petitioner had completely filled out the required paperwork. Some attorneys have criticized the use of restraining orders on the theory that parties to a divorce may file such orders to gain tactical advantages, rather than out of a legitimate fear of harm. Liz Mandarano, an attorney who specializes in family and matrimonial law, speculates that divorce attorneys are incentivized to push for restraining orders because such orders force all communications to go through

3933-541: The same city. He dropped out of junior high school when he was 13 because of his disdain for what he considered an overly rigid, conventional schooling system, and for constantly being ridiculed and bullied by his peers. Reiser stated in interviews that, at the age of 15, he was accepted into the University of California, Berkeley . Reiser attended the university off and on until he received a BS in computer science in 1992 at age 28. Reiser and his company Namesys developed

4002-468: The side of granting restraining orders. If a judge grants a restraining order against someone who might not warrant it, typically the only repercussion is that the defendant might appeal the order. If, however, the judge denies a restraining order and the plaintiff is killed or injured, poor publicity and an enraged community reaction may harm the jurist's career. Colorado's statute inverts the standard court procedures and due process , providing that after

4071-456: The source code of an application or a program. Most of these editors include features useful for programmers, which may include color syntax highlighting , auto indentation, auto-complete , bracket matching, syntax check , and allows plug-ins . These features aid the users during coding, debugging and testing. According to BBC News , 17% of computer science students could not find work in their field six months after graduation in 2009 which

4140-415: The source of the blood. Daniel Horowitz , a high-profile defense attorney, joined the defense team and dropped the case on November 28, citing Reiser's inability to pay for his services. Namesys's employees said that Reiser felt that the police would suspect him from the start. Reiser was arraigned on Thursday, October 12, where he delayed entering a plea until his next court appearance on November 28. He

4209-416: The statute, include a family, household, intimate, or sexual relationship. A sexual assault restraining order specifically protects a victim of sexual assault regardless of what relationship may or may not exist between petitioner and respondent. If the state has no sexual assault restraining order statute, the victim may still qualify for a domestic violence restraining order if the sexual assault occurred in

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4278-498: The trial. Hans Reiser's murder trial began on November 6. Reiser denied responsibility for the murder throughout the trial. When Reiser testified in his own defense, his implausible claims and erratic behavior in the courtroom largely undermined his claim of innocence. Psychiatrist Beverly Parr testified that he "possibly" exhibited symptoms of Asperger syndrome but did not make a diagnosis. The prosecutor concluded by urging jurors to convict Hans Reiser. On April 28, 2008, Hans Reiser

4347-554: Was dismissed with prejudice . In July 2012, a jury awarded Reiser's children $ 60 million against their father for the death of Nina Reiser. Hans Reiser acted as his own attorney during the trial and tried to argue that he killed his wife to protect their children. Computer programmer A programmer , computer programmer or coder is an author of computer source code – someone with skill in computer programming . The professional titles software developer and software engineer are used for jobs that require

4416-601: Was a Russian-born and trained obstetrician and gynecologist. They had two children. Hans's father, Ramon, became suspicious of his new daughter-in-law when she took the title of CFO at Namesys at that time. Ramon was trained in military interviewing techniques and claimed that Nina lied to him when he confronted her about the fast-shrinking reserves of Namesys. The Reisers separated in May 2004. Nina filed for divorce three months later, citing irreconcilable differences and alleging that their children "hardly know their father" because he

4485-479: Was denied on November 13, 2008. On January 10, 2009, it was reported that Reiser was recovering after having been beaten by several prisoners. On January 28, 2009, he was transferred to Mule Creek State Prison . In February 2011, he was transferred to Pleasant Valley State Prison . In 2020, Reiser was housed at the Correctional Training Facility near Soledad, California . As of November 2021, he

4554-412: Was found guilty of first degree murder . Prosecutors agreed to a deal whereby Reiser would reveal the location of Nina's body in exchange for being allowed to plead guilty to second-degree murder . On Monday, July 7, 2008, Reiser led police to Nina's grave. Oakland homicide detective Lt. Ersie Joyner recalled that Reiser led them directly to the exact site, without any hesitation or confusion. On July 8,

4623-589: Was held without bail. On November 28, Reiser entered a not guilty plea and invoked his right to a speedy trial , forcing the state to schedule a preliminary hearing for December 11. On December 2, at the request of the Oakland police, search and rescue teams combed an area less than three miles (5 km) from Hans Reiser's house, but no new major findings were announced. On March 9, the judge ruled that Reiser would stand trial and set Reiser's arraignment for March 23. On March 23, Reiser pleaded not guilty. Shortly after,

4692-489: Was out of the country on business for most of the year, according to court records. She was granted sole legal custody of the children and shared physical custody with her husband. The divorce was not finalized when she disappeared. Nina obtained a temporary restraining order against Hans in December 2004 after he pushed her at the height of the divorce proceedings. She dropped the temporary restraining order in late 2005 because

4761-555: Was the highest rate of the university subjects surveyed while 0% of medical students were unemployed in the same survey. After the crash of the dot-com bubble (1999–2001) and the Great Recession (2008), many U.S. programmers were left without work or with lower wages. In addition, enrollment in computer-related degrees and other STEM degrees (STEM attrition) in the US has been dropping for years, especially for women, which, according to Beaubouef and Mason, could be attributed to

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