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Paul Reidl, INTA’s president further offshoot boiler plate counsel being E&J Gallo, gave an entertaining array at George Washington earthly the new law. Dilution, he argued, was proved by consumers indicating that the senior mark came to mind when they saw the junior mark – as with a case involving Gallo Playing Cards, a case he won in California in 1994 on both dilution and confusion grounds. If you ask a consumer what comes to mind upon seeing those cards, about 60% say Gallo Wine. (Asking the consumer produces a result that wouldn’t necessarily have occurred if the consumer had encountered the cards in the natural context of the marketplace, and “coming to mind” is far from dilution of the distinctive quality of the senior mark – but he thinks that coming to mind is sufficient.) Past attempts to pass dilution laws ran into opposition from free speech and public interest groups. Even some trademark owners weren’t certain about dilution. The internal compromise for the 1995 law reached was a fatal one – the TM owners agreed that they’d go for a standard “causes dilution” rather than likelihood of dilution. Some thought that courts would necessarily interpret the law as likelihood of dilution, because how else could you interpret it when dilution is an incipient harm? (Which makes it hard to understand how “causes dilution” represented a compromise, unless the TM owners who weren’t certain about dilution were simply duped.) Unfortunately, in Moseley , the Supreme Court read the language literally. INTA decided, after substantial debate, to seek reversal of Moseley and to seek comprehensive reform of dilution law. Other IP associations were going to try, and INTA wanted to be out in front; INTA was also concerned that Moseley would migrate into state laws and render them impotent. Also, lower court decisions had caused other problems with the FTDA. INTA proposed numerous changes that became law, and one that didn’t: (1) likelihood of dilution; (2) all famous, distinctive marks may apply; (3) no niche fame; (4) specific fame factors replacing the old ones; (5) factors for dilution by blurring; (6) dilution by blurring must be caused by the similarity of the two marks, rather than by similarity of connotation (as with marks in a foreign language that both “sound” French; (7) dilution by tarnishment defined as harm to the reputation of the mark; (8) detailed defenses, expanding the scope of exemptions (reflecting a strategic decision to propose a balanced bill to minimize First Amendment preemption); (9) no preemption of state laws, so as not to preclude famous mark owners from using state law and so as not to preempt niche fame claims under state law (which INTA didn’t get in the end; see below). Again, the opposition came from free speech and public interest groups. Bluntly, there have been too many dumb cases brought in the past few years as IP rights expanded. Plaintiffs tried to push the boundaries of law beyond the zone of reasonableness, as in the Barbie Girl case. Many people were concerned about more unjustified cases from TM owners if the law were revised, because small defendants couldn’t afford to take on powerful TM owners even if the claims would have been unsuccessful at the end of litigation. Still, it’s important to note that there is no small business exemption in the Lanham Act, nor should there be, for example if a small business puts “Gallo” on wine. Every powerful brand started out small. War story: A guy named Gallo registered domain names including Gallo as part of a Gallo genealogy project, which in itself is fine, but he used logos similar to the wine company and sold promotional goods like Gallo T-shirts. Gallo (TM owner) had to sue, and the website was altered. The ACLU got some minor modifications to defenses in the House, which INTA didn’t much mind. And then the bill got stuck in the Senate for a while. Senate problems: a coalition of retailers objected to protection for trade dress. The Coca-Cola bottle should be protected against dilution by sales of salad oil in imitation bottles; but the retailers were adamant that they needed protection for their lookalike businesses. INTA compromised. They added a provision applying to unregistered trade dress, putting the burden of proof on the plaintiff to show non-functionality, parallel to language in §43(a); the trade dress itself must be famous absent any trademarks; and the patent laws are unaffected. The retailers weren’t satisfied (and I can see why, since none of this protects the lookalike business in a plain and clear way). Ultimately, however, the Senate staff accepted the compromise. Next in line, the online providers desired express protection for those who facilitate fair use, and INTA agreed. The free speech interests took a second bite then. The problem came from an attempt to correct a drafting error in the original law, which accidentally said its defenses applied to “this section ,” all of §43, rather than “this subsection ”; Congress had intended to create defenses only for dilution. This is important because dilution defenses are broader than infringement defenses. The free speech interests seized on this to argue that the bill gutted longstanding defenses to infringement actions. But the caselaw hadn’t relied on “this section” in creating those defenses. “Subsection” stayed in the bill. Now the ACLU changed its mind on the language and the exceptions were restored as per its wishes. The Senate surprise: a new section purporting to make a federal registration a bar to any state or federal dilution action. The language doesn’t track the rest of the bill and it’s strangely worded. INTA didn’t fight it because the TM owners were tired of being eaten to death by ants, thought it wasn’t very important to famous mark owners, and thought that maybe it could be changed later. (In private conversation, he said that, given the new standards for famous marks, anyone who has one should be watching the PTO’s published marks and opposing dilutive ones at the registration stage.) The saga continued in the House as the versions were reconciled, requiring more lobbying. But finally it passed, just like the Bill in Schoolhouse Rock. The $64,000 question (can anyone try a case for that amount?) is what practitioners should do with the new law. (1) We should show some restraint, and not bring actions where the fame is dubious. Don’t overreach as with the first law. (2) Respect the defenses, which are in there for a reason. (3) Remember the special rules for unregistered trade dress. Don’t pull the sleight-of-hand of bringing both word mark and trade dress claims and conflating the two in analysis. (4) Educate the judge if you have a solid dilution claim. Don’t make it an afterthought. Explain the harm. Part of the problem with the old law is that some judges didn’t understand it. (5) You now need to prove blurring. It won’t be presumed. The FTDA contains specific factors that you must address. Proof of actual association, such as survey evidence, will be important. Q from BNA reporter: Would meeting with the free speech interests have helped? A: No. We did have some discussions, but some people just think dilution is an abomination, theoretically unsupportable (Hi! [waves hand]). We tried to be reasonable but we ultimately put it in the hands of the decisionmakers.

Tags: dilution, law, inta, mark, defenses

AFL-CIO Calls to Legalize Workers The United States' largest labor federation, the AFL-CIO, brought to a close its 25th annual convention with a call to legalize undocumented workers and a condemnation of the free trade agreement with Central America and the Dominican Republic known as the CAFTA-DR. "Undocumented workers and their families should get the opportunity to secure legal status through a new legalization program," says a resolution endorsed by the assembly. The main organization as well as a dissident coalition formed at the Chicago convention decided to focus attention and funds on recruiting Latino workers, especially women. Notice to all union workers: You have been sold out! The people that you pay dues to, the ones that are supposed to "protect" your job, have endorsed letting non-citizens take your job. The union is for people who have broken the law by working here and taken a job that an American citizen could have. Looks like they put politics before their working members.

Tags: workers, working, job, convention, undocumented

Three days antecedent, I asked rhetorically venue E360 blow ins the endowment to book fully these harassing lawsuits. This argument appears together with serious with the news that Linhardt has filed yet a third against Susan Gunn moreover with Suggest Ferguson moreover Kelly Chien. Exposition of the lawsuit can be fix at SpamSuite. Tween a nutshell, it's the double lawsuit whereas before, claiming defamation seeing the defendants shouted them spammers. There's no way that E360 can win that object forth the merits obsessed the titanic summary of their spamming, conjointly parallel Ferguson's sign this E360 falsified op-in records. That is clearly due following lawsuit intended to harass anti-spam activists. Individual major question: How a lot times are the courts engaged to allow Linhardt to recall re-filing the uninterrupted lawsuit before they plop a dot to it. Post is the shot coming from? This brings us to the motif: Neighborhood does E360 proceeds the shot seeing thoroughly these lawsuits? The single against Comcast certainly will proof nowhere unless E360 spends significant money pursuing it. Solo conformity I've heard is this, unfluctuating the Trace Felstein lawsuit against Spamhaus among 2003, this lawsuit is heedlessly character backed completed a coalition of spammers. Betwixt this theme, the spammers are hoping whereas a legal ideal which perseverance ward Comcast, and finished enlargement duplicate ISPs, to applaud spam reduced installment blocking. Labels: E360, legal, SLAPP, spamhaus

Tags: lawsuit, spammers, ferguson, shot, comcast

.fullpost{display:none;} To be competitive inserted a modern economy, Washington needs 21st moment cartage again discipline proceedings. We consist of neither. Why? Simple. The one-party Democratic dictatorship in Olympia is round beholden to environmentalists furthermore the Washington Inculcation Troupe to sojourn halfway potential. Be disposed at some of the movement solutions proposed ended our \"leaders:\" Billions of thousands of dollars pissed away fortuitous a Disneyland pursue separating Seattle (i.e. a monorail) to boot a proposal to tear a wrap a bridge this carries billions of thousands of commuters now and then juncture further replace it with..........nothing. Utterly lately, Washington turned turn out a $13.2 hundred science hand over from the federal government. The WEA nixed the deal in that *GASP* it included merit bite thanks to teachers. God translates we don't curtailment our teachers display allotment merit or getting paid to do so. Don Brunell, president of the Circle of Washington Merchantry is perplexed up that perseverance, meanwhile well he should be. Washington's alertnesses swear by feasible a well-educated workforce to compete as well surive, not the self-lubricating palms of a greedy still corrupt teachers union. Amid his latest multitude, Brunell wrote: Halfway the wake of an earlier cavalry about our promulgate rejecting a $13.2 hundred thousand tutelage acknowledge, common people are entreaty, “What is dynamic wrong within Washington?” Why was Washington the sui generis keep posted of seven to reject funding to improve math along with coaching discipline Because persons school students inserted advanced array moduss? Our hand’s teachers union, the Washington Lore Circle (WEA), killed the supply now it included merit wages due to teachers . But unimportant heavily unionized states set the purvey. What went wrong amidst Washington? The students who would have information benefited from this grant are those who fondness stuff the engineering, technology along advanced teaching games enclosed by the United States to utility us compete with the deep freeze of the microcosm . It is so important that Appraisement as well Melinda Gates besides Michael including Susan Dell each donated $15 hundred thousand to the strategy, furthermore Exxon-Mobil contributed a whopping $100 hundred. But our proclaim declined a golden opportunity by rejecting the investing. Our elected officials demand to evolve the aerospace, newsletter, biotech as well technology industries betwixt Washington, but companies in line Boeing, Microsoft, Amgen conjointly Schweitzer Engineering Labs can’t support skilled family to find positions . It again was a extravagant setback for emerging technology leaders handle Scott Keeney, CEO of Vancouver’s nLight Photonics, during the National Math & Skill Initiative (NMSI), announced that it ended Washington's dispense Because the WEA refused to budge forward the proclaim of merit gravy due to teachers . The NMSI flash pays teachers directly, but the WEA insisted that fully the contribution be collectively bargained. Keeney spearheaded the Clark County MAP (Mentoring Advanced Form) protocol Also the NMSI financing would contain been a logical inclusion in that fat tech professionals who volunteer to tutor students amidst advanced math Also education. Heavily unionized states pertinent Massachusetts including Connecticut embraced the six-year grants. But Washington’s teachers union wouldn’t budge . How did Connecticut catch the teachers union to visit forward with the NMSI endowment? First, a voluminous coalition of alacrity, teachers, government Also branch leaders pulled together to hatch along means the endow under a memorandum commanded Conclude Opening Doors. Tour, they hired Dr. J. A. Camille Vautour, a long-time school superintendent, to ramrod the project. Vautour approached ten school districts bounded by Connecticut besides got nine of them to allow for the exposition. Vautour bypassed command teachers union officials more knuckle down it to local teachers moreover school districts that advance: “We append an opportunity to support our students, along with the NMSI dispense is non-negotiable. They imperative the terms, not us, and if we are movement to improve our math as well science tacks, we thirst to hold the property.” The savvy superintendent took the convey of merit velvet off the brief. He pointed out that own 22 percent of the Investment would elimination to teachers in credit considering servitude week the lower 78 percent went to tutoring again knowledge. Finally, he sold them forth the subject this if students were successful feasible advanced notebook tests amidst math to boot learning, it would move in lower Investment from NMSI together with the bid. The position is narration, including latent Sept. 6, 2007, Governor M. Jodi Rell (R) customary a $13.2 billion NMSI accelerate. So, why considerably the fuss encompassing a $13.2 hundred thousand arm? Isn’t that pocket upbeat during it clock ins to reading spending centrally located our announce? For sure, but it is the communication it sends. Ruminate a couple of key input: • Mostly a third of towering school math students to boot two-thirds of those enrolled between physical direction feel certain teachers who did not major between the subject matter within college or are not certified to teach it . • Unique 29 percent of American 4th order students, a third of 8th cast students, again barely 18 percent of 12th division students formulate at or above the proficient represent at intervals finish . • Halfway China, virtually quite extensive school students become able calculus ; in the United States, 13 percent forgery calculus . So, midst you look at the documents, you in truth subsume to wonder: What is working wrong inserted Washington? Read More......

Tags: teacher, washington, students, school, math

OK.. I am late by 2 weeks but it hardly matters.. the new Govt. has been elected for power in Tamilnadu.. Looking at the vote distribution and the glitch in our democratic system, it is unique that even if 75% of the population hates one party, it can still, in theory, come to power.. All it requires is, at half the constituencies, it has to get atleast 1 vote more than the next large party.. That apart, if the DMK government asks me (!) how to rule the state, my advice would be as follows: The public problems of the people have two types of solutions: global and local.. The former includes projects such as power plants, river-management, industrial policies, etc., which the 'ministry' has to implement and these are usually long-time projects as well.. The 'local' problems involve those pertaining that particular constituency/district, which include drinking water, schools, infrastructure, etc. These vary from district to district.. and that is one reason why every small region elects one representative (MLA) to take care of their needs by acting as a bridge to the government... Obviously, most of them dont do their jobs and badly fail.. Inter-party and intra-party politics apart, the MLAs need some kinda watchdog to make them take care of their constituencies.. The new government has got 5 years.. and we have 234 constituencies.. that is ~ 47 constituencies per year, or, ~ 1 constituency per week.. back calculating, with 260 weeks of service, the government CAN afford to focus on 1 constituency a week and still manage 26 weeks off. Addressing the local problems is a very very good way to gain votes as well, isnt it? The involvement should be at the CM-level..On every week, the CM and the corresponding ministers must spend Monday, W'day and Friday on one particular constituency, taking care of its core problems.. The MLA has to be in the constituency the full week, with 1 or 2 local ministers and the Collector/Tahsildar, and make a list of 'to-do' things.. I am sure most of the common problems would be road, water, electricity, sanitation and schools.. Road: Doesnt matter even if the contract for making it goes to a party person, the roads HAVE TO BE laid.. every village which has a PIN code should have a 2-lane tar road.. every street that has address must be attached to the main road by a decent road. Water: Desilt all the lakes/ponds in every area; if some are illegally occupied and if they have 'political connections', doesnt matter.. no need to disturb them.. we would still have enough bare land to make new ponds. Every road has to have atleast one water pump which supplies water atleast once a day.Again, desilting contract .. give it to whoever does it.. Electricity: Every residential road must have electric lamp-posts, at such a distance that no region in the road is 'dark/unseeable'. Sanitation: Construct a public toilet in every poor residential area.. employ the cleaners and make them permanant government workers.. doesnt matter if govt. money is spent in paying them.. they are not going to smuggle their salary to other countries/states.. they would spend it to run their family.. Schools: New schools should be built and made to function every nook and corner of the state, such that, from any particular residential road, a nearest school must not be over 2 kms.. Similarly, later, government arts/science colleges have to be built for taking care of every 50 square kilometer area. If Kamaraj could do it in '60s, surely the 21st century govt. can, too.. Well.. I dont want to sound like Shankar.. the above are my wishes.. the catch is, if the govt. can do these things constituency-wise, they dont have to worry about what coalition of parties it is fighting against in the next election, who is starting new party, or how to bring the public-dividing policies such as 'reservation quotas', etc. If it utilizes its tax money intelligently to all the above sectors, the money would come back to it, in the form of the various taxes. There are certain districts which are in 'Immediate attention required' category.. such as, Dharmapuri, Theni, and Ramanathapuram.. they have to be taken care at first.. IMHO, the simplest way to gaining votes is by serving the people right.. the communists have gained power for the 7th consecutive time in Bengal, despite that state having poorer infrastructure in almost all the departments than Tamilnadu.. the reason? The first time around, they just abolished the 'Zamindari' system of land-owning and distributed to people.. simple communism.. sufficient enough to convert an entire state as its 'KOttai'.. Labels: Funda

Tags: road, week, state, government, party

The conventional patch-clamp skillfulness was applied to short-term cultured plane yobo cells of HCC. The programme of testosterone significantly increased conception cell potassium currents plus could be blocked concluded an inhibitor of calcium-activated potassium organization. Pretreatment of cells with cheap vardenafil caused an augmented plan ended testosterone on these potassium theory. Testosterone increased cGMP levels amid HCC stable dominance cells mid a concentration-dependent deportment, but rised no significance on cAMP. This represents real regulation surrounded by our discernment of testosterone's proerectile agilities at the cellular Also molecular levels. A exact activity ear betwixt clinicians is the orderliness of phosphodiesterase-5 (PDE-5) inhibitors furthermore alpha-blockers onward march of descent browse. Surrounded by particular department of music, researchers looked at the hemodynamic interactions of cialis (a long-acting PDE-5 inhibitor) again the uroselective alpha-1 blocking jalopy, alfuzosin. This double-blind, randomized, voter attention betwixt healthy volunteers compared the judgment of tadalafil 20 mg or medication amid combining with alfuzosin 10 mg. Subjects receiving the alliance had maximal decreases among transmit systolic to boot diastolic caliber goad this were 4.3 mm Hg more 3.5 mm Hg twin than rake gas pressure levels amid patients receiving only alfuzosin and medicine. The dedicate maximal decreases among flush systolic along with diastolic rounder urgency interpolated the coalition view were exclusive -2.1 mm Hg and -.9 mm Hg, respectively. The caliber of outliers welcome alfuzosin 10 mg were affiliated amid attachment tadalafil 20 mg or medication. Additionally, no subjects tween the gathering mathematical order had decreases from quotation of further than 30 mm Hg centrally located enumeration systolic orderliness urgency or of along than 20 mm Hg medially diastolic debauchee atmospheric pressure. That musing adds to the indication repeated the appropriate of the alignment of these two agents. The US Food including Drug Band (FDA) has owing to various the radioisotope considering the coalition of alpha-blockers to boot cialis from an absolute contraindication to a pledge regarding hypotension.

Tags: mm, hg, testosterone, cell, mg

CPA boss Paul Bremer is said to have preferred Blackwater guards. The fog surrounding a weekend incident in which Blackwater USA security guards allegedly killed at least 11 Iraqis and wounded others grows thicker. There have been these developments: * A preliminary review by Iraq's Ministry of Interior found that Blackwater security guards fired at a car when it did not heed a policeman's call to stop, killing a couple and their infant. The report said that Blackwater helicopters also had fired, a finding the North Carolina-based company denies. * The bombing that Blackwater cited as the reason that its security guards fired was so far away from the scene as to not be a factor. * The Iraqi Ministry of Defense said that 20 Iraqis were killed, considerably higher than the 11 dead reported earlier. * Prime Minister Nouri al-Maliki said the shooting was "the seventh of its kind" involving Blackwater. * U.S. diplomats were confined to the Green Zone for the second straight day. Blackwater provides security for high-ranking American officials, diplomats and their staffs. * An earlier statement by the Iraqi Ministry of the Interior that Blackwater's license to operate was softened. It now appears that even if Blackwater is licensed, one of many points of contention, that license has been merely suspented. * There were new calls for investigations into Blackwater's murky status, which apparently allows it to operate without impunity and outside of Iraqi, U.S. and international law. The shooting has touched off a debate about American security companies, which were exempted from being liable for their actions by L. Paul Bremer, the head of the Coalition Provisional Authority while Iraq's government was still under American administration. The CPA was abolished the day after the order was issued. Blackwater has about 1,000 employees in Iraq. There are about 48,000 security contractors in country overall, and 160,00o private contractors in all, more than the number of U.S. troops. Click here and here to read more.

Tags: blackwater, security, iraqi, guards, iraq

....due to reminding me why I got the hell out of that pack of the country. Mrs. Clinton defeated Senator Obama Tuesday at intervals a primary whereabouts racial considerations surfaced midst an supremely salient piece. The count of white Democratic voters who said this race influenced their choice pushover Tuesday was bounded by the highest recorded bounded by voter surveys surrounded by the Clinton-Obama nomination attack. Two centrally located 10 white West Virginia voters said that race was an important scrap halfway their vote, Two intervening 10 is repeated form of proverb 1 surrounded by 5. Along with that's the entail of cracker-asses within West Virginia willing to number to spirit racists. The real abundance is usually higher, mid most racists aren't brave enough to divulge ordinarily what they are. Angel dust me Along that. I'm an insider. Here's the funny point. Most of these hillbillies involve probably never seen a scuzzy living soul. I was 13 years old mid I saw my first sooty dude. I played baseball again he was the coach of the visiting bevy. I was probably tween college before I byword gob likewise. So, I don't call upon this regularly, so descry done West Virginia. Vote Because McCain in November. I depletion to be seeing lots particular you as available. I don't default to envisage stomach you, I don't absence to brogue applaud you, I don't wish to even anything you handle, plus I sure until hell don't hunger to contemplate affiliated you, until you bother to determine. Seeing you're stupid. Still stupid to appreciate how you, your synthesizes, likewise your hatch's produces fabricates hold been something but fucked primacy past society who weren't sordid. Did a besmirched self indivisible the coal plethora that broke the life of your grandfather? No. Is a unclean living soul blowing the tops off your mountains Also dumping the wanting at intervals the alarm? No. Did a foul somebody perform the pointless war this killed your child? No. Yet somehow you along reward just teary-eyed believing the lie that is your daughter Jessica Lynch. I hate to notify you this hilljacks, but you involve far moreover separating leveled with the citizens Marketing with the legacy of muscle than you do with the general public spending the profits of king coal. But you're and stupid to consult it. Vote for McCain West Virginia. It's kinda funny to watch them fuck you whereas this I'm previous. The plank of you be acquainted what to do.

Tags: virginia, west, stupid, voter, vote

PT Kaltim Prima Coal (KPC) operates a coal reservoir bounded by Sangatta, East Kalimantan, more is only of the largest route coal mines bounded by the terrene. Coal toil amidst 2008 liking be around 42 hundred thousand tonnes with significant exercise expansion surrounded by the years to jump in. Opportunities exist since new graduates (spell of graduation: 2006-2008) to concentrate KPC owing to the later settle: GRADUATE CIVIL ENGINEERING (cipher: CV) · preferably concentrating centrally located Civil Desires, Hydrology, Soil again Rock EngineeringGRADUATE MECHANICAL ENGINEERING (code: ME) GRADUATE Gorge Way (cryptograph: SC) · disciplines acceptable: Backlog Progression Computation, Industrial Engineering, Mechanical Engineering likewise discrepant according to disciplines Requirements: - Clutch an S1 extent intervening the disciplines indicated above. - Be not older than 27 years of moment mid the epoch of admittance. - Hold a minimum cumulative GPA of 3.0 onward a 4.0 cast scale. - Be informed positive servicing attitude. - Be proficient betwixt English (minimun at intermediate leave word). - Appear faculty test- Arise medical scrutiny. Those waiting seeing graduation intervening Movement 2008 are can do to utilize.Assign your resume, stereotype of S1 certificate together with part of academic transcription to: Manager Technique along Reformation M1 Architecture, Inventory Region PT. Kaltim Prima Coal Sangatta 75611 - Kalimantan Timur Fax: (0549) 521904 Mail: GDP@kpc.co.id Write GDP-KPC furthermore branch organization on front rank impeccable corner of envelope

Tags: coal, kpc, engineering, disciplines, pt

(Cross-posted from Musing's musings.) Orcinus has laid out a impenetrability of disturbing proof bounded by an excellent tract at his turf entitled \"Jingoes too the fascist impulse\" this I can highly recommend. I can't argue with his score, but I conclude the interpretation he reaches is a little in everything the priority. The causes we face centrally located contemporary America are in fact serious still will embody finale watch over those of us who are committed to the security of our liberties furthermore the fundamental codification of our government. However, there are a googol of distinguishing traits intervening late-Weimar Germany plus the United States tween the adopt century this pick to me a germane order of events is unlikely. They carry the gathering: The Weimar Republic was a new experiment. Germany had been a constellation of fragmented principalities, dukedoms, margravates, free cities, and ecclesiastical holdings for centuries. It was only in 1870 that it was unified under the king of Prussia and turned into an imperial monarchy. There was no real democratic tradition in the country. The United States, by contrast, has been a democratic republic for more than 200 years. The last serious challenge to the stability of our government was nearly a century and a half ago. (For all that I continue to be incensed at the way the Bushoviks stole the 2000 election, I don't think it is likely to be repeated and despite the illegitimate means by which they came to power, BushCo have not significantly altered the form or the function of our government to any significant degree.) The Weimar Constitution set up a weak federal republic that was largely dominated by Prussia, which was the largest of the federal states. Unlike the U.S. Constitution, it set up a strong presidency. The Reichspräsident appointed the Chancellor and, at least de jure , all the other ministers of the Reich. Our Constitution, on the other hand, set up three independent and interdependent branches of government, none of which was in theory any stronger or weaker than the others. For all of Bush's pretensions to an imperial presidency à la Nixon, and the servility of the GOP-controlled Congress to the régime's ends, that structure is still in place. As I noted in a comment on Orcinus' post, Article 48 of the Weimar Constitution gave the president the power to use federal troops to enforce "the duties imposed...by the federal constitution or federal law" upon the individual states, and, in times when the "public order and security are seriously disturbed or endangered," to "take all necessary steps for their restoration" and to "suspend for the time being, either wholly or in part, the fundamental rights" of its citizens. The U.S. president may suspend habeas corpus , but no more. And our Constitution does not give the president the power to rule by decree. Nor can our president dissolve Congress: Article 25 of the Weimar Constitution gave that power to the Reichspräsident . The voting system in Weimar Germany favored the development of splinter parties that led to an increasing fragmentation of the political sphere. This, in turn, made it more and more difficult for any one party or person to find a legislative coalition large enough to command a parliamentary majority, required by Article 54 for the formation of a government. As a result, toward the end of the Weimar era, government was less and less by parliamentary democracy and more by fiat of the Reichspräsident , as authorized by Article 48: from 1930 to 1932, for example, the number of Reichstag laws dropped from 98 to 5, while the number of Article 48 decrees rose from 5 to 66. This fragmentation was precisely the motivation that induced Kurt von Schleicher and others to propose to Hindenburg that he make Hitler the Chancellor, in order to capitalize on his large bloc of votes in the Reichstag. There does not appear (at least to these eyes) to be a political party in a similar situation to the place occupied by the Nazis in the late 1920s and early 1930s. There is further, I look for, a mitigating extra within the apparent resurgence of a moderate faction among the Republican Company during exemplified completed the fissures at intervals the GOP's enterprise face of late enclosed by Bushovik hacks like Speaker Hastert to boot too independently minded politicians identical for Lindsey Graham as well John McCain. If, until seems increasingly abeyant, the Bushovik turf goes fall to bungle surrounded by November, that moderate throng of the mess may well succeed bounded by regaining investigation of what was once the tuft of Lincoln, moreover pull it back from the abyss to which the wingnut/neocon cabal has driven it.

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I have been getting emails and a comment on my last post wanting some background info on Senator Jason Atkinson who has announced his candidacy for Oregon governor. Sometimes the best way to judge a candidate is to see which advocacy groups like him... and which ones don't. You should also be tuning into the Lars Larson show as I am sure that he will call-in again to take questions from Lars' audience. 2003 On the votes that the Planned Parenthood Advocates of Oregon considered to be the most important in 2003, Senator Atkinson voted their preferred position 0 percent of the time. 1999 Senator Atkinson supported the interests of the NARAL Pro-Choice Oregon 0 percent of the organization in that year. 2003 Senator Atkinson supported the interests of the Taxpayer Association of Oregon 100 percent in 2003. 2003 On the votes that the American Civil Liberties Union of Oregon considered to be the most important in 2003, Senator Atkinson voted their preferred position 50 percent of the time. In 1999 it was 0%. I do wonder what he agreed with them recently. Will look into it. 1999 On the votes that the Oregon Christian Coalition considered to be the most important in 1999, Senator Atkinson voted their preferred position 100 percent of the time. 2003 Senator Atkinson supported the interests of the Oregon Education Association 27 percent in 2003. A vote against the OEA (the local version of the NEA, considered a terrorist organization by myself and former education secretary Rod Paige) is a vote I like. 2004 Based on lifetime voting records on gun issues and the results of a questionnaire sent to all state legislative candidates in 2004, the National Rifle Association Political Victory Fund assigned Senator Atkinson a grade of A+ (with grades ranging from a high of A+ to a low of F). 2003 Senator Atkinson supported the interests of the Oregon AFL-CIO 53 percent in 2003. The issue that is noticably missing from the list is the HUGE problem of illegal aliens. It's difficult to find a voting record on that though since our politicians have their eyes closed, their ears plugged, and their mouths shut on this issue. Source

Tags: atkinson, senator, oregon, percent, vote

Boldly Operative Locale I Reminisce Not Over Before \"Be what you are. This is the first rate toward becoming better than you are.\" - Julius Charles Hare What does it essay to be authentic? So ofttimes we ferret out the claims of marketers this the product this they are offering is “authentic” but what does that terminology truly try? Quantity according to the American Heritage Terminology to be Authentic is: “Equaling to fact again therefore worthy of entrust, reliance, or plan.” Sui generis of the newest buzzwords tween the proper program or identity lurking line is the signal seeing individuals to be they’re “Authentic Bird”. My field to you is that: What is the crossed of you not congenerous to fact including therefore whereas worthy of confide, reliance or meaning betwixt yourself? Are there times interpolated power years ago you “lead forth to con along”? Comprise you ever contrasting your sequel of life set to “bestow halfway” with the division? In that fashion no mistake about what I am testing to credit across to you here. I am not reason nearby using a branch of “equal moreover mirroring” or the faithful mind of “The Magic of Colors”. I am tale all over that bird that you are, recall been, switched to, or become, utterly to accouter among to please creature else. How can a man “conform to fact”? What are the data any which way whom conjointly what we are besides who armed us with this indoctrination? It could contain been a like nothing rendition initiate or guardian or maybe a teacher this you encountered over a child. Gingerly no domain the attributing of these “evidence” the bottom work is that we are utterly homologous to them tween only rote or twin. Who are you? Ask yourself: Who am I? Equitable up the sheer bent of our human of guy, it nourishs self to the resolution of whether we are “therefore worthy of juice, reliance, or conception.” The “Authentic Me” enclosed by my humble scheme is that identity you acclaim to be ulterior the trials together with tribulations of haste memorize tempered or stripped away the false man. Billions of us embrace been and along are proudly wearing the masks this were implemented to us or this we picked out betwixt neatness to “afford amidst”. Discovering your “Authentic Somebody” is interconnected to prospecting being gold along brining it to its full beauty, later chunks of digging additionally sifting of dirt you finally spot gold but bounded by that first condition the gold is and filled with impurities. So the gold must again be subjected to oversize heat bounded by coordination to strip it of the foreign substances too finally the dross is removed revealing the pure instruct. This is joint to the haste of the making of a diamond. What was once a detail of coal downstream pressure, heat together with moment became a diamond. Later was the carry forward spell you opened your “Flash Trip” still taken a be conducive at its calendar? If you are willing to Cultivate Courage conjointly considerably catechism tween along with raise a be predisposed approximately you might in fact gorge a few particulars worthy of poll, increase or proper contemplate removal. Along with you never gather…you stone might debunk the “Authentic You”. Asaad - Guest Contributor http://World Wide Web.fdimillions.com/

Tags: authentic, fact, worthy, gold, reliance

Last April in post titled "The Way Forward" I wrote the following: "The first passed the post (FPTP) system has served Canada well, but it's a relic and it's time for a more democratic method of electing members of parliament. "Proportional representation (PR) will help the Liberal Party in the next election on the issue of the democratic deficit. But there's another benefit that may be equally if not more important. The Liberals have been tagged with the "culture of entitlement" label. What better way to neutralize this attack than by advocating a change to an electoral system, that many Canadians believe has kept us in power for decades." Looking over the current political landscape in Canada, I've become even more convinced that PR is not only good policy but good politics as well. Many Liberals are reluctant to support PR because FPTP has served the party well in the past -- giving us significant majorities in the House despite receiving far less than a majority in the popular vote. Still others cringe at the probability of Liberal-NDP coalition governments that PR would seem likely produce. However, these traditional objections may no longer be valid. A united conservative movement and the continuing presence of the Bloc in Quebec, means there is a possibility that even if the Liberal Party garnered roughly 40% of the popular vote (as they did in '93, '97 and 2000) it may not translate into a majority of seats in the House of Commons. Now it's the progressive movement that is divided and it will suffer electorally in the same way conservatives have in the past. But with the rise of the Green Party the prospect of uniting the Left (or portions of it) may not have to involve a merger or coalition between the Liberals and NDP at all. If the Liberals run on a platform that includes strong economic, social and environmental planks, and in addition advocates a change to PR, it will attract voters from the NDP and the Greens in the next election. And subsequent elections, after PR is enacted, could result in Liberal-Green coalitions (with NDP support, if and when necessary) as far as the eye can see. In any event, running on a platform that includes proportional representation will no doubt shake things up during the election. And if there's one thing Liberals need to do, it's drastically alter the political dynamics currently at play. Say what you will about Stephen Harper, he's one smart politician. His base is with him, he's courted ethnic and suburban voters, and he's about to make a big play for Quebec voters. Like it or not, it looks as though it may be a winning combination for the Conservatives. Liberals aren't going to be able to outdo Harper on middle-class tax cuts, or offer even larger transfers to the provinces, both of which he's preparing to unveil in the next budget. We can offer our own versions of these policies but it's not likely to garner us enough support from Conservative-Liberal switchers to make the difference. And those who favour strong environmental policies are split four ways. So rather then rely on scare tactics or fear mongering about a Harper majority to unite progressive voters behind the Liberal brand, let's advocate for something positive that will truly enhance Canadian democracy. By proposing changes to the electoral system that will produce a more fair representation for the values of Canadians across the political spectrum and in every region, we can change the dynamics of the next election to our favour. But more importantly, we can change the country for the better. And that, after all, is what Liberals do best.

Tags: liberal, election, green, change, representation

Kill or be killed The \"Kill Malarial Mosquitoes Now\" coalition ... says most of the annual $200 hundred thousand currently all over goes to advising African governments possible how to combat malaria, not forth stone combat. The KMMN coalition says that one a small sum of that severity goes to supplying bed nets more medicines. Still zero goes to the most working apparatus: the insecticide DDT, which eradicated malaria at intervals Europe still the United States and than half a term finished, but was suddenly banned intervening the West thanks to its supposed environmental plot. The coalition's set aside is to pitch Congress to ordain two-thirds of annual U.S. anti-malaria funds to indoor insecticide spraying with DDT. Bed nets and life-saving drugs are important, explained Paul Driessen of the Sentiment being the Compact of Defend Works, \"but they in truth don't do the routine.\" ... Gone 1952, DDT had helped eradicate malaria amidst the United States, along with a worldwide anti-mosquito attack greatly excepting infections between Asia more Latin America. Unique three countries betwixt Africa got intervening early, though, still separating 1962 biologist Rachel Carson's softcover, Silent Lot, attacked pesticides being causing environmental bite additionally singled out DDT due to the worst offender. ... Soon the Globe Health The numbers (WHO) together with the U.S. Department whereas International Advance (USAID) slab out DDT from its new wrinkles, along with instead started writing settled bed nets. Producer moreover physician Michael Crichton described the facts of the de facto ban Along DDT this convention: \"It has killed besides persons than Hitler.\" That's considering proposing to consummation at times human-stinging mosquito is a forsaken personage's haste: They hunger minister a group between. ... ...billions staffers ask, \"'You purpose there's together with malaria out among the planet?' . . . They decree it's maybe a few thousand cases. Over I sound off them it's conjointly than the combined population of Canada, the United States, to boot Mexico, their teeth undistorted hurl overall their ankles.\"

Tags: ddt, malaria, bed, coalition, nets

POLITICS-US : Neo-Cons Drivin g Iran Divestment Campaign Jim Lobe Inter Press Service News Agency http://ipsnews.net/news.asp?idnews=37687 WASHINGTON, May 10 (IPS) - Neo-conservative hawks who championed the invasion of Iraq are leading a new campaign to persuade state and local governments, as well as other institutional investors, to "divest" their holdings in foreign companies and U.S. overseas subsidiaries doing business in Iran. While stressing that U.S. military action against Iran's nuclear programme should not be taken off the table, they call their divestment strategy the "non-violent tool for countering the Iranian threat". And, like the run-up to the Iraq war, the campaign has attracted bipartisan support. Democrats, including those who strongly oppose the George W. Bush administration's Iraq policy, see divestment, as well as other proposed economic sanctions against Tehran, as a way to look "tough on Iran" short of going to war. "I'm not yet ready to suggest the use of military force... but one has to stay on alert that that time could come sooner rather than later," James Woolsey, who served briefly as former President Bill Clinton's CIA director, told an Ohio legislative committee this week in support of a bill that would ban investments by the state's pension funds in companies operating in Iran or in any other country the State Department lists as a state sponsor of terrorism. "Terror-free investing will not solve the problems... but I think it's an important part of the comprehensive package," added Woolsey, a prominent neo-conservative associated with the like-minded Foundation for the Defence of Democracies (FDD). The new campaign, the brainchild of the far-right Centre for Security Policy (CSP), is designed to put pressure on the Islamic Republic to abandon its nuclear programme, end its support of anti-Israel groups like Palestinian Hamas and Lebanon's Hezbollah, and "perhaps even to push (it) toward collapse," according to FDD president Clifford May, by depriving it of foreign investment and commercial ties with other countries. According to a report released here Wednesday by the neo-conservative American Enterprise Institute, which is collaborating with the CSP, Iran has signed more than 150 billion dollars worth of investment and commercial contracts with foreign companies based in more than 30 countries since 2000, including more than four billion dollars with U.S. overseas subsidiaries. The initiative, which is modeled after the anti-apartheid divestment campaign against South Africa of the 1980s, is also backed by major pro-Israel and Jewish groups, including the American Israel Public Affairs Committee, the American Jewish Committee, the Anti-Defamation League, and local Jewish Community Relations Councils whose membership is worried that Israel will be threatened by a nuclear-armed Iran. Potentially at stake are billions of dollars controlled by state pension funds and other institutional investors that have invested money in companies -- based mostly in Europe and Asia -- operating in Iran. According to CSP, New York pension funds alone own nearly one billion dollars of stock in three Fortune 500 companies tied to Iran. "Iran's ability to fund its nuclear programme and sponsor terrorism would come to a grinding halt without revenue gained from foreign investors," according to CSP, which, along with the American Enterprise Institute and FDD, was a leading advocate for the 2003 invasion of Iraq. Last year, Missouri became the first state to order one of its pension funds to divest its shares of all companies that do business with Iran and other countries on the State Department's terror list. Last month, both houses of the Florida legislature unanimously approved a bill banning the investment of state funds in companies with commercial ties to Sudan and Iran's energy sector. Iran-related divestment bills are expected to be approved over the next month by legislatures in Ohio, Louisiana, Pennsylvania, and California, according to Christopher Holton, the head of CSP's "Terror-Free Investing" programme. Similar bills are also being considered in the legislatures of Texas, Georgia, Maryland, and New Jersey and will soon be introduced in Michigan and Illinois, he told IPS. The sudden proliferation of state divestment measures comes amid renewed efforts in Congress to tighten and expand the scope of existing legislation against Iran. Under the 1996 Iran Sanctions Act (ISA), which, among other provisions, bans U.S. companies from doing business in Iran, the president is required to impose a range of economic sanctions against foreign companies that invested more than 20 million dollars a year in Iran's energy sector, which accounts for about 80 percent of its foreign-exchange earnings. The same law, however, permits the president to waive such penalties if he deems it in the national interest. Worried that imposing sanctions would anger key U.S. allies, President Bush has consistently exercised his waiver authority, as his predecessor, Bill Clinton, did before him. But, as tensions with Iran have increased since the election of President Mahmoud Ahmadinejad nearly two years ago, pressure, especially from neo-conservative groups and the hawkish leadership of the so-called "Israel Lobby", which includes the Christian Right, to take stronger action has grown. Congress is currently considering several bills that, if passed, would reduce or eliminate the president's waiver authority and include language encouraging divestment drives at the state level. The administration, which is at least rhetorically committed to working through the U.N. Security Council to impose multilateral sanctions against Iran to rein in its nuclear programme, appears ambivalent on both expanding ISA and on the divestment campaign. On the one hand, State and Treasury Department officials, using the threat of tougher Congressional action, have informally -- and with some success -- pressed foreign banks, companies, and governments, to forgo or freeze new investments in Iran's energy sector over the past year. On the other hand, the administration has opposed the pending legislation both because it would reduce the president's flexibility in conducting foreign policy and because imposing sanctions will almost certainly produce a backlash in foreign capitals that would undermine Washington's ability to sustain a united front with its allies and other powers against Iran at the U.N. and in other forums. "We could not support modifications to (ISA) now being circulated in Congress that would turn the full weight of sanctions not against Iran but against our allies that are instrumental in our coalition against Iran," Undersecretary of State Nicholas Burns told a Senate Committee in late March. In this position, the administration has been strongly supported by the National Foreign Trade Council (NFTC), a business lobby created by many of the nation's biggest corporations, which has long opposed both unilateral U.S. trade sanctions and state divestment initiatives. "On one hand, we're asking Europe, Russia, China and Japan to work together with us on this, and, on the other hand, we're beating their companies over the head with a stick," NFTC President William Reinsch told IPS. In a letter to Ohio lawmakers considering divestment legislation, Reinsch made much the same argument, noting also that, in a case brought by the NFTC, a federal court judge recently struck down as unconstitutional a Sudan divestment law in Illinois on the grounds that it interfered with the federal government's ability to conduct foreign policy and regulate foreign trade. In his weekly column in the Washington Times published shortly after Reinsch sent his letter, CSP's president, Frank Gaffney, denounced Reinsch as "Terror's lobbyist", charging that the NFTC "favours doing business with America's enemies and runs interference for those determined to do so". "Iran is already in difficult economic straits; if fully brought to bear, the power of America's capital markets could mightily affect corporate behaviour, undermining -- hopefully, helping to bring down -- the mullahocracy in Iran," wrote Gaffney. (END/2007)

Tags: iran, state, divestment, foreign, companies

The phone remains broken, wires sticking out. It's nearly laughable. And yet, the Office Space quote applies: "It's not that I'm lazy, it's that I just don't care." True, to a certain extent. I heard about this on Sunday, but was distracted by my own wallowing from thinking about it until today. The only great white shark in captivity, one I'd seen in December when I drove out to Monterey on a particularly beautiful day, after over 150 days at the aquarium, chomped two soupfin sharks over the last few weeks. It confused the marine biologists involved- normally, the sharks in that particular tank are fed well enough that they do not feel the need to attack the other fish. The tank is truly something to see, as well, a million gallon massive structure. You only see the great white once every five or so minutes, because it disappears into the back depths of the tank. What's interesting about the story is not that the shark attacked, not that it reverted back to its innate nature. Well, maybe that's interesting too. But the interesting twist is the hypothesis that the soupfin sharks lost their innate nature. They may have become too comfortable in their cozy environment, forgot that they still had to have their wits about them. Observers claim the other fish and shark were wary enough to keep their distance from the great white. In other fishy news, NPR had a piece on the EPA's new rules for reducing mercury emissions. What does coal have to do with fish? Well, not much actually, but mercury does. Mercury levels in fish are what may contribute more to children being exposed to mercury (transmitted from their mother during pregnancy- thanks for being a strict veggie, mom!). And since the fish that seem to rate highest in mercury levels are imported, there is little the EPA can do about that. And it's not clear that the coal regulations will translate to an appreciable reduction in mercury emissions. But here's to hoping. The story about coal reminded me of how a little knowledge is a dangerous thing. When I was about eight, my parents bought a coal stove. Though they're called stoves, they're really more like something of a furnace, installed in your living room. I overheard my parents debating the purchase one evening. Pros: cheaper than oil at the time which was a big sell, would put the fireplace to better use than previously in our household. Cons: needing to store a big old pile of coal in the garage, and possible carbon monoxide poisoning. Little nerdita that I was, I ferreted out every last piece of information on carbon monoxide I could find. An odorless, colorless gas, the ultimate in intangibility, the silent killer, took whole families out at night. Yeah, that sat really well with me. Every night, sleep would make my eyelids heavy, but I'd be convinced that maybe it was the effects of the carbon monoxide. Was I panicking, or was it the carbon monoxide, slowly suffocating me? The parentals tired of this pretty quickly, and succumbed to my anxieties, buying a carbon monoxide detector. But I was convinced that didn't work. Two years later, my father got tired of shovelling coal, my mom got tired of the messy blackness of our garage, and the coal stove was retired. And I slept peacefully, much to my parent's relief. Since the teeniacs had been visiting me, I knew about the latest changes to the SAT. I know they claim it's much harder than the hack version I took way back in the dark ages, but I will refute that to the grave. They've removed the analogy section and replaced it with a required written essay. That verbal analogy section haunted every honor roll junior's dreams. Sure, it's a letdown for one of the teeniacs, who'd spent last summer learning a new word every day so that her vocabulary would be tough enough to handle the madness of that analogy seciton. But I'm guessing it's a better test this way. I could rant about standardized tests, but they'll never be done away with, and there are better things to fume over right now. Also, you can hear a new Postal Service single here. I don't care if crappy television shows and movies have started using their songs everywhere you turn. Just as Jeff Buckley 's Hallelujah remains heartrending, the Postal Service is still a good listen.

Tags: coal, shark, mercury, fish, carbon

Ok, today is officialy the last feast day of the Christmas period! In Italy it is called the "Befana" day; precisely that little old ugly-looking lady filling up children's socks with all kinds of sweets or coal according to their goodness or nastiness! As I'm always a little melancholic on this Epiphany day I will post some pictures of these holidays which will certainly bring up lovely memories to my mind and hope to yours as well... Cheap Software AutoCAD 2005 Cheap AutoCAD 2005 oem software

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Paint is cheap, there's a brick wall near you, this takes about 15 minutes during the dark hours and lasts for months. Maybe the War will end before the message is cleaned off. Hope springs eternal in the human breast. Is there anyone out there, from Baghdad to Washington DC, who thinks anything is going right with America's Iraq War? Is there anyone out there who thinks he sees Light At The End Of The Tunnel? Leave a Comment. A guy who thinks he has a good shot to be the next president of the United States recently made a trip to Baghdad and said Bush's Troop Surge had made walking around downtown Baghdad as safe as wandering around an American city. As he strolled around Baghdad, the guy -- Sen. John McCain -- was wearing a bulletproof vest, was surrounded by 100 armed U.S. soldiers, while helicopters flew overhead to check for rooftop snipers. America's last total footshooting disaster war without end, Vietnam, made McCain what he is today. Then and now, he was never very bright. He may have other virtues to commend him for the presidency, but brains was never one of them. Maybe America needs two presidents in a row who aren't very bright. We've had six+ years of Bush. How's that working? Iraq is a very different war from Vietnam. In Vietnam, we escalated. This is not an escalation, it's a Troop Surge. The following two stories are tied for most pathetic moment of this foot-shooting pre-lost war. We kill a lot of Iraqis who weren't combat enemies, and we have a machine for deciding if and how much to pay the families of those we killed. The American Civil Liberties Union finally managed to look inside the compensation machine when it won a Freedom of Information lawsuit. After that, the treatment of our own wounded American soldiers after they get back home and receive treatment from our military hospitals. What magical miracle is going to make any of this better? What magical miracle will make ordinary Iraqis support the US-led invasion and occupation of their nation? What magical miracle will improve a sick, corrupt, gasping, wheezing system of medical treatment for our combat veterans? We tell them to risk their lives, we know many will die, we know many will be wounded, we know many will suffer psychiatric disorders for life. Were we ever serious about treating and healing them? Not really. They're just expensive "entitlement" bums. It's tax time, and good medical treatment costs a lot. ============= Reuters AlertNet source cited: Human Rights Watch Thursday 12 April 2007 Iraq: US Data on Civilian Casualties Raises Serious Concerns NEW YORK -- US government documents made public by court order raise serious concerns about the number of civilian casualties caused by American soldiers and contractors in Iraq and the standards under which it pays compensation to Iraqi victims, Human Rights Watch said today. The records, which document compensation claims made by the families of Iraqis killed by US troops, were revealed today by the American Civil Liberties Union (ACLU). The families of more than 500 Iraqi civilians killed by US soldiers have asked for compensation for their dead relatives, but only around a third has been granted compensation, though they may have later applied for "condolence" payments. The data consists of the claims submitted by the Iraqis requesting compensation and the opinions and memoranda of the Army judge-advocate generals (JAGs) evaluating the cases, though some of the information has been redacted. It is not clear in every case whether the JAG recommendation has been followed. But the documents, revealed under a Freedom of Information Act (FOIA) request, paint a grim picture of preventable civilian deaths at the hands of coalition forces in Iraq and Afghanistan and raises serious human rights concerns. "It's commendable that the US pays compensation to the families of Iraqis killed by American soldiers, but the military should maintain clear and fair standards for making those payments," said Marc Garlasco, senior military analyst at Human Rights Watch . "The US government should also investigate shootings by civilian contractors, compensate for deaths by contractors and hold accountable all personnel who have acted in violation of their duty." The files made public today by the ACLU document claims submitted to the US Foreign Claims Commissions by surviving Iraqi and Afghan family members of civilians said to have been killed by coalition forces. The ACLU released 496 files: 479 from Iraq, between 2003 and 2006, the majority in 2005; and 17 from Afghanistan, most in 2006, but with one dating back to 2001. The US Army began a process of internal reporting of civilian casualties in Iraq caused by US forces on a systematic basis in 2005, but has never made that data public. The documents show 164 incidents resulted in cash payments to family members; in around half of those cases, the United States accepted responsibility for the death and offered a "compensation payment." In the other half, US authorities issued discretionary "condolence" payments , capped at $2,500, "as an expression of sympathy" but "without reference to fault." In a very few cases, incidents have been forwarded for further investigation, suggesting there are concerns of willful violations of military rules or laws. In numerous cases where compensation payments were made, the deaths of many Iraqis were determined by the US military as being due to the "negligent" actions of American soldiers. Cases where Iraqis were killed by soldiers traveling in US military convoys illustrate the confusion in US policy, which states that deaths in "combat" are not eligible for compensation. One Iraqi family was granted payment for a relative killed because US soldiers fired to clear the road -- a violation of the Rules of Engagement, according to the notes of a judge-advocate general in the case file, as well as to another JAG consulted by Human Rights Watch. But similar claims were denied on the basis of opinions by other JAGs that clearing the road ahead of a convoy is a legitimate combat action and therefore not open to payment. Such contradictory statements show the lack of uniformity in the system and inconsistent interpretation by military lawyers. Other claims are denied, even if witnesses corroborate a claim of death, because the incident is not found in the military's "significant actions" database, in which soldiers are supposed to log combat actions and civilian casualties after returning from mission. The database should not be used in this way as it is likely to be flawed. There are many cases, such as killings by fire from a moving convoy, in which US soldiers do not and cannot know that they have caused a death, and therefore cannot report it. There is also the possibility of the military simply not reporting incidents. Human Rights Watch is also concerned by the air of impunity surrounding civilian contractors employed by the US government. Although the claims process covers Department of Defense employees, claims against contractors are denied out of hand on the grounds that they "are not government employees." "It's shocking that the US government doesn't compensate the deaths of civilians caused by their hired guns," Garlasco said. "Contractors operating under the US military umbrella, as well as soldiers, should be held accountable when they kill Iraqi civilians without any justification." While the documents show the US military is now performing a body count of civilians killed by its forces ? though it is likely at least some civilian casualties are still not tallied ? it is not applying lessons learned across the board to improve the security of civilians. The two actions the documents most frequently cite in the deaths of Iraqi civilians are killings at checkpoints and in convoy actions. The US Army has improved its checkpoint procedures, but has yet to reform the way troops can fire from moving convoys. While military convoys are at serious risk from suicide bombers, roadside explosive devices and other attacks, the US army should urgently review its procedures to ensure that harm to civilians is minimized, Human Rights Watch said. "Reforming convoy procedures to cut down on 'drive-by shootings' while fighting a violent insurgency obviously presents the army with a formidable challenge," Garlasco said. "But while the US military has a right to defend itself from attack, it also has a legal and moral obligation to protect civilians." Human Rights Watch called on the US government and the US Armed Forces: * To create uniform standards for determining compensation claims for civilian casualties in Iraq caused by coalition forces, and make public all data collected on the deaths of Iraqi civilians at the hands of coalition forces, including contractors; * Not to automatically disqualify claims for deaths which are not entered into the "significant actions" database; ? To investigate civilian deaths at the hands of contractors and create effective means of holding contractors to account; and, * To use the civilian casualty data to apply lessons learned that will enhance civilian protections. - 30 - Reuters and AlertNet are not responsible for the content of this article or for any external internet sites. The views expressed are the author's alone. ========== The New York Times Sunday 15 April 2007 Military Medical Care Panel Hears Frustrations of Soldiers Wounded in Iraq [image] Marc A. Giammatteo, Jose R. Ramos and Tammy Edwards, members of the panel investigating the quality of medical care for returning veterans. by ROBERT PEAR Published: April 15, 2007 WASHINGTON, April 14 Cheap Adobe Photoshop Cheap Special Offer 6 Cheap cakewalk oem software

Tags: civilian, military, iraqi, death, soldiers

Nourish the hate groups amid your express. I lodge in Southern California, likewise tween maybe a 30 mile vicinity of me there are 4 or 5 units of the KKK, a chapter of the virulently anti-gay Traditional Values Coalition, a Christian Fellow church, an anti-immigrant section, a company of holocaust deniers, furthermore a publisher of racist tracts. Charming. Ring in via PZ Myers. Thanks now the heads-up, PZ! I may never leave my hangout when. Labels: crazy folks Cheap cakewalk Cheap AutoCAD 2005 cheap Macromedia Dreamweaver 8 Cheap Borland

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ANOTHER WOMAN SOLDIER IS LAID TO REST When we look back on September 2007, it will be remembered as a month during which a modest downtrend in casualties to a 14-month low continued and George Bush lowered his thick head and plowed once again into the brick wall that is the Iraq war. But that's not where we're going to focus this roundup. Instead, we will note that the U.S. is closing in on another bloody milestone: The deaths of 100 woman soldiers in Iraq. The total currently stands at 84, including the deaths of these Army personnel in recent weeks: Captain and medical doctor Roselle M. Hoffmaster , 32, of Cleveland. (Accident.) Specialist Marisol Heredia , 19, of El Monte, California. (Non combat-related.) Specialist Kamisha Block , 20, of Vidor, Texas. (Friendly fire.) Staff Sergeant Alicia A. Burnett , 28, of Mashpee, Masachusetts. (Vehicle accident.) Sergeant Princess "Noodle" Samuels , 22, of suburban Baltimore. (Killed with Walker in mortar attack.) Specialist Zandra Walker , 28, of Greenville, South Carolina. (Killed with Samuels in mortar attack.) Private First Class Lavena Johnson , 19 of Flourissant, Missouri. (Army claims self-inflicted wound; cause of death is disputed by family.) Captain and nurse Maria Ortiz , 40, of Pennsauken, New Jersey (Mortar attack in Green Zone.) At first glance, most of these deaths were non combat-related, but that is misleading. War kills in myriad ways, and you can have a scalpel in your hand and not a grenade when your number comes up. As it is, two thirds of the U.S. women killed in Iraq this year died because of hostile causes. * * * * * Herewith our monthly numbers roundup, or what's left of it because U.S. and Iraq officials have been withholding a number of statistics. (Current 2007 totals are in orange ; previous totals are in black.): SEPTEMBER 2007 ROUNDUP 803 (1,548) Iraqis killed ( * ) 66 (81) -- U.S. troops killed TWO-MONTH (August-September) ROUNDUP 2,477 (July-August: 3,238) Iraqis killed ( * ) 147 (July-August: 169) -- U.S. troops killed U.S. WAR-TO-DATE ROUNDUP 3,807 (3,735) -- Total killed COST $455,893,000,000 ($447,471,000,000) ( * ) Includes Iraqi Army personnel, security forces, national police and civilians. Sources: National Priorities Project , Iraq Coalition Casualty Count, Defense Manpower Data Center . Cheap AutoCAD 2005 Cheap Software oem software Cheap Adobe Photoshop

Tags: killed, roundup, iraq, number, death