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Welcome to another edition of Blawg Review -- where bloggers come for their legal news every Monday. It's good to be hosting another edition of Blawg Review at the Health Care Law Blog. However, it's even better to be done. First off, thanks to all who submitted posts to this edition. There was wonderful material to work from. Much of the information that I regularly consume online is related to my practice as a health lawyer and I enjoy the opportunity to step outside of that specialty and be a part of a larger legal discussion going on in the blogosphere. As an active participant in the blogosphere and Live Web I am constantly amazed by the knowledge, skills and imagination of those who create electronic content (written, audio and video) for public consumption. Not just lawyers -- but every profession imaginable. The volume of information conveyed online today through electronic social networking is mind boggling. How much you say? Technorati is now tracking approximately 69.4 million blogs with 175,000 new blogs created per day. The world live web is being updated with 1.6 million new posts per day, for an average of 18 per second. Could Johannes Guttenberg have ever imagined this phenomenal transformation in communication. Lately I've been thinking and posting more about the impact that blogging and web 2.0 is having on the health care industry. It is a time of change for the health care industry. Likewise, I think many of you will agree that fundamental changes are occurring in the delivery of legal services as a result of the rise of the new social networking technology movement. For more of what this may mean for health care check out some of my materials from a presentation I did to introduce health lawyers to the basics of Health Care Blogging and Web Health 2.0. [Note: I'd also suggest watching (if you haven't already) "Web 2.0 . . . The Machine is Us/ing Us," created by Michael Wesch , Assistant Professor of Anthropology Kansas State University. The video visually explaining Web 2.0 and how today's digital technology influences human interaction.] To begin with let's highlight a few of the submissions that reflect some of these fundamental technology changes which we are all experiencing as a result of the social networking phenomenon, the availability of new technology tools and the shift toward living our lives out on the web. Bruce MacEwen gives us a tour of the The Law Library of the Future? at Adam Smith, Esq showing us all the differences that exist within today's firms. From the traditionalists/silent generation to the Boomers to theGenXers to the Millennials. Online political social networking hits full speed at My.BarackObama.com covered by Susan Cartier Liebel at Marketing Genius - the "Obama Principle" and suggests that lawyers have something to learn from observing the process as it unfolds. Mike Madison and Denise Howell will be hosting a public conference call today, February 26 at 1:00 p.m. PST to gain insight on ownership considerations and issues of governance and liability that are critical to the creation, maintenance and long term health of business communities (corporate use of Web 2.0 technologies). The call is being held to help them prepare for the upcoming Community 2.0 Conference. Overlawyered looks at the liability of curb cuts and wheelchairs vs. jaywalkers in Jury blames hit-run death on wheelchair curb cut (fascinating to me is the comment discussion and the use of Yahoo Maps to support user comments on whether the jury made the right decision). Brent Trout at Blawg IT touts the ideas of Seth Godin and the application of his concepts to the practice of law in his post Law Firms - Small is the New Big. Scott Felsenthal at The Legal Scoop, a new law student collaborative blog by three students from Tennessee law schools, provides a look at the what's happening across campuses as a result of students living their lives out online in Facebook and MySpace- Quickly Becoming Breeding Grounds For Disciplinary Actions and Arrests. If you or your kids are on the edge of becoming the next one hit wonder, don't miss reading So you want to be a Recording Artist . . . by another of The Legal Scoop team members, Tim Bishop. David Lat examines a recent survey at UVA Law School and my question is -- what about Tennessee law schools? Watch and read the post on Prosecutorial Indiscretion (or the lack thereof) at Sui Generis--a New York law blog. She looks at a Virginia "rage road" incident that resulted in an ice throwing felony conviction. The video clip also includes a discussion of a series of posts on the newly promulgated lawyer advertising rules in New York which forbid the use of a nickname, moniker, motto or trade name that implies an ability to obtain results in a matter." The post series uses actual video clips of lawyer advertising clips from various jurisdictions to demonstrate application of the new rules. Dmitriy Kruglyak founder of Trusted.MD reports on two articles appearing in the East Bay Business Times. One about Kaiser's ongoing encounters with blogging and social media and the other examining how hospital administrators and executives should use blogs. On February 8, 2007, Wendy Seltzer in In My First YouTube: Super Bowl Highlights or Lowlights conducted an experiment to determine whether copyright overreach would trump her fair use rights when exercised to teach about copyright overreach. Five days later she received the DMCA Takedown Complaint courtesy of the NFL and YouTube. If you're an RSS fan don't miss Justia Federal Court Filings which allows you to see new filings by state, court or subject matter. Reported at Robert Ambrogi's Lawsites and The IllinoisTrial Practice Weblog. And now on with the rest of the submissions for this week's Blawg Review. The most highly talked about topic this past week was the Supreme Court's ruling on punitive damage awards in Philip Morris USA v. Williams. SCOTUSBLOG reports that the 5-4 decision found that it is "unconstitutional for a jury to award punitive damages out of a desire to punish a company for harming individuals other than those directly involved in the lawsuit -- that is 'strangers to the litigation'". The Court held that punishing a defendant for harming persons who are not before the court amounted to a taking of property from the defendant without due process of law. EricTurkewitz of New York Personal Injury Law Blog covers the decision in Court Tosses Philip Morris Verdict, And Further Confuses Punitive Damages Issue and Philip Morris Punitive Damage Decision - Why It Was Good For Plaintiffs indicating that the decision requires judges to now tell the jury in a punitive damage case that they can consider the reprehensibility of the defendant's conduct toward others, but not the harm to them. The South Carolina Appellate Law Blog says the decision creates an unworkable standard in After Philip Morris: What can a jury consider for punitive damages purposes? SCOTUS sets an unworkable standard and sets out some options that trial judges have when considering evidence of harms to non-parties. More on the decision from Law Prof on the Loose with Tobacco Verdict Goes Up In Smoke. Bill Watkins at South Carolina Appellate Law Blog looks at a the interplay of the Controlled Substance Act and a recent South Carolina senate bill proposing that Marijuana be considered a prescription drug in South Carolina lawmakers review bill to legalize marijuana for medical use. Ilya Somin at The Volokh Conspiracy disagrees with a recent Slate column that contended that split decisions make bad law and, in the specific context of the current Supreme Court, undermine the Chief Justice's admirable goal to promote unanimity amongst the justices. The HR Lawyer's Blog looks at the continuing trends on alternative billing arrangements in Alternative Billing - Clients Want It - Big Law Firms Hate It.The post highlights that a recent survey of corporate counsel indicate that 90% of outside counsel still resist the suggestion to consider alternative fee arrangements. Kevin Jon Heller at Opinio Juris covers a running battle between Glenn Reynolds and Paul Campos, law professor at University of Colorado, over one of Instapundit's posts arguing that selective assassination of Iranian nuclear scientists is both legal and advisable. Eugene Volokh also weighs-in with some worthwhile comments. Charles Green questions the "legal tip" included in Business Week's SmallBiz magazine which suggests that retail sales slips should include a written statement to protect the interests of your business in his post From Our Legal Experts... posted at Trust Matters. David Maister gives interesting insight into his experience as a juror in a 5 day trial involving a pastor, a parishioner and $80,000 in Jury Duty posted at Passion, People and Principles. He offers some simple lessons for litigators to remember. Charlie Weis, Notre Dame's football coach, appears headed back for seconds in his trial over an allegedly botched gastric bypass surgery. Quizlaw has an entertaining post about the events that lead to the mistrial. Only one can speculate what would have happened if the physicians chose not to respond. Are you an avid T.J. Maxx or Marshalls shopper? If so, check out Law Practice Management's post Identity Theft Begins with Access to Your Information discussing on of the latest electronic data breaches. The post offers practical advice on how to better protect your personal information in this growing age where everything is electronic. Overlawyered writes about Dr. Vatura who saved the life of a 400 pound man thrown from a motorcycle in a high speed accident in Treating the morbidly obese (redux). Due to his obesity it was impossible to stabilize the man with typical cervical spinal precautions and as a result he ended up a quadriplegic. One of my favorite medical bloggers, Kevin, M.D., covers this same topic and what he believes the impact these events have everyday on doctors. For another perspective on the impact of medical malpractice on physicians, consider hospital CEO and blogger Paul Levy's recent post The Shame of Malpractice Lawsuits at Running a Hospital. Also, Kevin, M.D. mentions an interesting issue coming before the Virginia Supreme Court of Appeals in his post Should academic physicians be protected against malpractice suits? Don't miss Quizlaw's Wacko gets Jacko'd providing evidence that you can be sued for almost anything -- the family of a 73 year old woman is suing Michael Jackson and Marian Medical Center claiming that the hospital's VIP treatment of Jackson resulted in the death of the woman. PointofLaw Forum links to David Rossmiller's Insurance Coverage Law Blog which covered Mississippi Attorney General Hood's press conference call where State Farm was called "a cult,""decadent" and "robber barons".Rossmiller questions much of what was said during the call and makes a good point -- if you think that that much of the company why would you want them to stay and provide insurance to citizens of Mississippi. If you regularly draft contract language you shouldn't miss That" and "Which" by Ken Adams at AdamsDrafting who looks at the confusion over the distinction between that and which and a New York case, AIU Insurance Co. V. Robert Plan Corp. that considered the differences. Ben D. Manevitz who writes IP Notions looks at Mike Carroll's "Fixing Fair Use" made at the Some Modest Proposals 03 Conference in Fair Use and Fee Shifting and adds a suggestion that the proposal needs to be given teeth by tying the payment of attorneys feed to the process. A reason to let your associates get sleep from Davit Lat at Above the Law. Mike Madison at madisonian.net reports in IP and Insurance on a breakthrough partnership among insurers, the Standford Fair Use Project and a network of practitioners willing to discount their rates to documentary filmmakers to lower the cost of insurance for documentary filmmakers who rely on fair use doctrine for portions of their content. Lessig Blog has additional details of the announcement. This week Eugene Volokh notes that Ohioans are presumptively protected from being fired for off employer property (and presumably off duty and lawful) possession of guns. The decision in Plona v. UPS involved the termination of a UPS employee who was found to have a handgun in his vehicle wile at work. The gun was disassembled, unloaded and locked in his care in a public access parking lot used by UPS employees and customers of UPS. The court held that the public policy permitting Ohio citizens the right to bear arms under the Ohio constitution was enough to form the basis of a wrongful termination claim. More on the Second Amendment from Jacob Sullum who notes that the FAA has revised its thinking on its justification for its ban on carrying firearms aboard spaceships. My Hosting Blawg Review #97 post mentioned Kevin O'Keefe's post about the term "blawg" and the fact that it is still facing an uphill road at being recognized and understood. The post relates that Wikipedia editors have again dropped the term "blawg" (but, Blawging is still listed but redirets to Blog). Another Wikipedia term that I have referenced in the past has also been dropped by the Wikipedia editors -- Live Web. Hmmmm . . . is a Wiki-conspira-edia going on? David A. Giacalone at f/k/a says, "move over Anonymous Lawyer," and suggests I introduce Blawg Review readers to BabyBarista, an anonymously written account of the "pupillage" of a pupile barrister in London. May I suggest TidySum and Scandal. At shlep Giacalone provides a link to Babysitting and the Law in his post about when can you leave your children at home? In SOX Slaps Lawyers Leon Gettler looks at the tough rules of Sarbanes-Oxley the the impact on attorneys. Suddenly lawyers are going down like nine pins because of the crackdown on backdating. Likewise, the Wired GC discusses how the perceptions of the general counsel's responsibility are changing in the wake of the backdating scandals. Ann Althouse considers the wisdom of Eric Alterman's passing suggestion that the blogosphere needs a council of bloggers to police what's being said on the most controversial subjects. Kaimipono Wenger at Concurring Opinions looks at Anna Nicole Smith's will as a real-life law school exam. 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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.

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Last week, the U.S. Patent and Trademark Office published a application assigned to Google describing localized wireless advertising. This application, entitled

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The political football head cell research takes lower bounce... Confusion For Harm to Embryos Mid Wade through at Trumpet By Rick Weiss Washington Mail Precinct Author Thursday, September 7, 2006; Leaf A04 Two senators who strongly gorge soul undeveloped soar cell audit lashed out yesterday at the scientist who lately entered the creation of those cells gone a categorization that does not need the eradication of embryos, daffodil the scientist furthermore his coterie own harmed the venturing domain gone overstating their facts. \"It's a bulky sooty eye if scientists are making false and inaccurate representations,\" a combative Sen. Arlen Specter (R-Pa.) said over a limits of the Senate Appropriations overhaul, health likewise being services subcommittee, which he chairs. Sen. Arlen Specter: \"It's a husky grimy eye if scientists are making false more inaccurate representations.\" Robert Lanza of Advanced Cell Technology (ACT) betwixt Worcester, Shebang., defended his craft to boot the order's particulars. \"Our paper is 100 percent impeccable,\" said the visibly shaken scientist, referring to the highly publicized article this checked in between the Aug. 24 tower of the journal Character. scope to full article

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HHS Commotions to Get detail Drug Figure Woes Aligned during federal leaders touted the enrollment circumstances, reveal officials along with health Notice experts continued to make public widespread difficulties, remarkably considering the poorest further sickest seniors who were forced to interrelation from propound Medicaid routines to the new Medicare calculations forth Jan. 1. Nearly two dozen states subsume intervened, daffodil they fixed purpose perquisite Because medications now parcel low-income senior who is mistakenly rejected. The Demesne, Maryland and Virginia take in not intervened. Epigram \"it is duration due to us to handle aegis of our diacritic,\" Republican Gov. Arnold Schwarzenegger said California aim spend while much when $150 hundred to array medications to midst multifold pending 1 million low-income seniors who remember been turned away completed pharmacists or overcharged co-payments now of glitches intervening computer databases. \"Faithful Because, the new Medicare Model D prescription drug pageantry is not engaged when intended,\" the governor said medially a decease. Mid a printed matter to Bush, 14 Democratic governors wrote this, \"when well-intended, the new Medicare drug work has caused confusion, mismanagement, besides a bureaucratic nightmare .\" Leavitt conceded this HHS caseworkers involve responded to many of a lot of complaints gone seniors, pharmacists besides repeateds who could not read the faithful medications at the amen nut. But he promised to \"fix every irritation owing to uncomplicatedly pending practicable.\" To do that, HHS has hired hundreds of unit favor suckers along enforced by own phone styles Because pharmacists. It Also has notified insurers that if a drug is not occupation to be covered, the objectives must grant a 30-spell \"transitional\" stockpile when the patient's physician can recommend a compatible medicine that is covered. \"Thanks to that is a new succession, some humans may notice a theme the first eternity they browse to resources their medicines, but we're confident this postliminary you labor it once, items are occupied to be predisposed furthermore freely,\" he said. \"If you are different of those seniors experiencing hots potato, our message is don't leave the pharmacy unsubstantial your drugs.\" Starting an extravagant bail dictionary for 42 thousand folks is bound to comprise bumps, Leavitt said. \"As the majority of general public who are enrolled surrounded by the drug applicability, the series's moving,\" he added. \"Pharmacists opposite the country are filling likewise than 1 million prescriptions a life successfully. Seniors are continuing to major in in large rafts.\" Sphere: Related Content

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They come in blister packs of 10 pills each What does TADALAFIL do? TADALAFIL pills are one of a new range of drugs used to treat ED (erectile dysfunction) by allowing more blood to pass into your penis, thereby allowing an erection to be achieved and sustained. In itself, it does not cure ED, enhance sexual stimulation, or treat infertility.. Sould anyone NOT take TADALAFIL? Anyone with an allergic reaction to the drug or anyone prescribed medications of nitric oxide or nitrates (frequently used to treat angina) should not take TADALAFIL. The most frequently administered nitrates are nitroglycerin pieces and monoitrate and dinitrate substances of isosorbid. If you are being treated for angina and uncertain whether your medicine falls into any of the above categories, discuss with your healthcare advisor before taking TADALAFIL.You should not take TADALAFIL if: You have serious heart disease or have recently suffered a heart attack; You have recently suffered a stroke; If you have low blood-pressure. What should I tell my doctor if I intend to take TADALAFIL? Tell your doctor if you have ever had: Any illness or condition of the penis; Painful erections; A diagnosis of the rare hereditary ophthalmic illness known as retinosis pigmentosis; A peptic ulcer or any problem associated with blood coagulation. Also tell your healthcare advisor if you are receiving any other treatment for ED; if you have sickle-cell anemia (an abnormality of the red blood cells); a serious liver or kidney condition; multiple myeloma (bone cancer); leukaemia or any physical abnormality in the shape of your penis. Advice for more elderly patients Older users of the drug do not need any special alteration of the dose. Advice for those suffering kidney or liver disease. There are only a few trial findings on the safety of TADALAFIL amongst a limited group of the following users:Patients with severe renal insufficiency and patients with severe hepatic insufficiency; and Patients with mild and moderate renal failure and in patients with end stage renal failure undergoing haemodialysis;In both groups TADALAFIL 10 mg has been the highest dose studied Is my ability to drive or operate heavy machinery affected by taking TADALAFIL? Since some dizzy spells have been experienced by men taking Tadalafil, you should find out how you react to the drug before you drive or operate heavy machinery. Can TADALAFIL be taken alongside other medications? You should always discuss the possible interreaction of any drugs you are taking with your healthcare advisor.This is especially the case if you are currently taking nitrates. Do not take TADALAFIL alongside these drugs.Do not take TADALAFIL alongside any other medication for ED.The drug is not for use by women or by children under the age of 18.Keep the TADALAFIL out of reach of children. How do I take my TADALAFIL pills? Your dosage will be decided by your doctor and this will generally be 20 mg and can be between 30 minutes and 36 hours before sex (the optimum time can be decided by users themselves). It should not be taken more than once a day. Depending on the individual’s responsiveness and tolerance of the drug, dosage may be lowered to 10 mg. Generic Cialis pill is taken with glass of water. Excessive consumption of alcohol is not advisable when taking the drug. Generic Cialis Soft tab can be dissolved in the oral cavity. This should shorten the time you have to wait between taking the tab and engaging in sexual intercourse. You are also able to drink alcohol and eat fatty foods, two things prohibited while taking the regular version of Cialis. What are the potential side-effects of the drug? These are usually minor and short-lived. The most frequently reported side-effects are headaches and indigestion, though it has occasionally also caused back pain, aches in the muscles, blocked nose, hot flushes and dizziness. Rarely, it has caused discomfort in and around the eyes.It has also been infrequently reported that users experienced a prolonged and sometimes painful erection after taking TADALAFIL.If you experience any of these reactions, seek the help of your healthcare advisor. If you feel pains in the chest during or after sex, you should not take a nitrate-based treatment but seek the help of your healthcare advisor straight away. Heart attack, stroke, and irregular heart beats have occaisionally been reported by men taking TADALAFIL. Most – though not all – of these men were known to have heart problems before they started using TADALAFIL and it is not known whether the problems were caused by TADALAFIL. One trial in animals indicated a possible reduction in fertility, but later studies indicate that this is not likely to affect humans. One of the constituents of TADALAFIL is lactose, is the drug suitable for men with an intolerance of lactose? Do not take the drug if you have a rare hereditary problem of lactose intolerance; a Lapp lactase deficiency; or glucose-galactose malabsorption. How must I store my TADALAFIL pills? Store them at a temperature lower than 25 degrees C (77 degrees F). Do not use the drug beyond the expiry date printed on the container. The difference among Viagra, Cialis, Levitra, Kamagra With a variety of options available to combat the issue of erectile dysfunction, it can be difficult to make a decision on the right medication for you. Viagra, Cialis and Levitra all have different pros and cons and are all prescribed for the same basic condition, adding to the confusion. The key points of differentiation are the length of Cialis’ effectiveness (36 hours) and the ability of soft tabs to take effect quicker through absorption into the blood stream. You are also able to drink alcohol and eat fatty foods when using the soft tab version of either byu Cialis Jelly byu Cialis Jelly on the web byu Cialis Jelly sticker byu Cialis Jelly Cheoply byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly byu Cialis Jelly

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My instance: Dissent, including its translation into copyright’s exhibit employment reason, has been a preoccupation of my quarto between copyright, likewise Shiffrin’s exploration of dissent seeing a central First Correction principle is incredibly valuable considering it emphasizes this dissent is not faithful everything due to crackpots. Dissent is communal conjointly expansive, recurrently striving to handle, participating rather than always walking away. Because I’m not a philosopher, and come to these issues from a background in trademark and false advertising, I decided to focus my comments on questions surrounding falsity and misleadingness. In particular, I’m interested in the meaning of individual words and how we as a community make meaning. Much of the discussion at the conference assumed that, at the granular level, falsity judgments were relatively easy to make. But common fact patterns in trademark and false advertising cases cast doubt on this. Two relevant quotes: First, Bill Clinton’s notorious claim that “It depends on what the meaning of ‘is’ is.” Second, a quotation from Through the Looking Glass , featuring Alice and Humpty Dumpty. “… There's glory for you!” “I don't know what you mean by ‘glory,’” Alice said. Humpty Dumpty smiled contemptuously. “Of course you don't -- till I tell you. I meant ‘there's a nice knock-down argument for you!’” “But ‘glory’ doesn't mean ‘a nice knock-down argument,’” Alice objected. “When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean -- neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master -- that's all.” The key parts of this dialogue are quoted literally hundreds of times in law review articles, usually as a disparaging reference to some strained or counterintuitive interpretation of a term. But Humpty is not engaged in an inherently illegitimate enterprise: It’s the combination of his undisclosed private meaning and Alice’s preexisting expectation that makes his use of “glory” infelicitous – not even misleading, because it obviously doesn’t mislead Alice, but a poor method of communication. In other circumstances, it’s perfectly reasonable to define a word for your purposes. Alice’s interaction with Humpty, indeed, continues beyond this oft-quoted exchange: Because he knows so much about words, she asks him to explain Jabberwocky , which is full of new words, and Humpty provides the now-standard definitions of Lewis Carroll’s various coinages. Humpty can be a reliable source of meaning, under the right circumstances. So, while “that’s glory for you!” is a misstatement, “that’s a TiVo for you!” or “that’s a GPS receiver for you!” can be intelligible and even helpful. At what point do we allow individual commercial speakers to define or debate terms, the way we allow people to define and debate terms like “Democrat” or “family values”? Many of the examples that follow already came up at the conference, often with the assumption that they were easy cases. I want to suggest that they’re not easy, even though we may want the government to step in and regulate them. From trademark: “Glass Wax,” for a car polish that contains no wax. This raises the question: what does it mean to wax your car? Can you wax your car without wax? Ultimately, trademark’s answer is “yes,” but that’s not obvious. Dolphin-free tuna: One possible definition of dolphin-free tuna is tuna caught in a net that didn’t happen to kill any dolphins. If the net brings up a dolphin, you throw out the whole catch. This doesn’t address the fundamental objection, which is that the method of catching the tuna routinely and predictably kills a lot of dolphins – but it remains the case that the cans of tuna don’t have any dolphins in them and didn’t even need to have dead dolphins picked out of them. The problem is in likely consumer understanding, as with Clinton’s parsing of “is.” Not tested on animals: The Body Shop got in some hot water years back because of its definition of this term, which was that its particular products hadn’t been tested on animals. Some of the ingredients, however, were regarded as safe for cosmetic use because they had been tested on animals by others, and the Body Shop relied on that data. So is “not tested on animals” true or false? Organic/made with organic: There has been substantial debate over the proper definition of “organic,” an official definition of which has now been adopted by the USDA. Products not meeting USDA standards, but meeting some other definition of “organic,” cannot be labeled organic. “Made with organic” is a separate standard, requiring at least 70% organic content. One effect of this rule is to decrease producers’ incentives to make processed food with organic content below the threshold, because they can’t truthfully advertise the organic content, and organic food is more expensive. It may also encourage producers to make more products with 70% or greater organic content and discourage them from adding a tiny bit of organic material to a conventional product in order to get the “made with organic” label. The overall effects are hard to predict. Cajun: Can Cajun catfish come from China? This was the subject of a recent 11 th Circuit case, in which a panel decided that it was not inherently misleading to label Chinese catfish “Cajun.” Cashmere: What is cashmere? If cashmere is “recycled” – the fibers torn apart and reprocessed, creating a cheaper product missing some of the characteristics of traditional cashmere – can it still be labeled cashmere? It depends on what the meaning of cashmere is. Safe and effective: To the FDA, a drug is safe and effective if that is shown by two sufficiently large, well-controlled studies. One study won’t do, nor will anecdotal evidence. Though individual doctors can prescribe and even proselytize based on their own experience with off-label uses of drugs, the drugs’ manufacturers can’t make claims unless they meet the FDA’s standards, lest they be deemed to have misbranded the drugs. Is the FDA suppressing truthful information, or defining what “safe and effective” means, or both? Miles per gallon and milligrams of tar: These are both measurement systems chosen by the government from various alternatives. An advertiser can’t use other measurements, even though the government standards have known flaws and even if the advertiser tells the consumer that it isn’t using the conventional measurement. A fetus is a human being: The New Jersey Supreme Court recently heard arguments in a case about what a doctor must tell a patient before an abortion. The plaintiff argued that, if she’d known that a fetus was a human being, she wouldn’t have agreed to an abortion. The doctor argued that requiring such a statement would force him to take a controversial moral and ethical position, and that in any event the patient must have known that a pregnancy at term would produce a baby. These examples illustrate the vast range of situations in which truth and falsity, even for a single term, are hotly contested. Falsity aside, sometimes government regulates out of a direct worry over deception, as with the dolphin-safe tuna example. It’s possible that the tuna makers could eventually change the meaning of the term for consumers, but that might take a lot of time and cause substantial confusion in the interim. Moreover, reliance on changing consumer perceptions would also make it harder for producers who used safer fishing techniques to explain the advantages of their version of dolphin-safe tuna, which would also have the disadvantage of being more expensive because of the different production method. Thus, government regulation of the use of the term is justified as the fairest and most efficient way of avoiding deception. Other times, government regulates out of concern over communication itself, reasoning that a fixed standard – as long as it’s reasonable – is in consumers’ interests to decrease “noise” regardless of deception. Consumers benefit when they can make comparisons knowing, or assuming, that all producers use the same standard, whether for organic food or car mileage or milligrams of tar. This has costs in fixing meaning and possibly deterring improvements that won’t show up on the standard measures, but it also has all the benefits that standardization usually allows. The tradeoffs of government regulation can also be seen in the fact that consumers aren’t monolithic. Information, or lack of information, that helps some hurts others. Many consumers benefit from the government’s system of grades for meat, but more discerning consumers may suffer because they can’t get information about the differences at the highest end. We choose who to help by regulating or by refraining from regulation. A common solution to this problem is to focus on who gets to decide what is false – the FTC, the FDA, or a jury. (And it’s important to recognize that even the people like Judge Kozinski who advocate full constitutional protection for commercial speech usually claim to want to preserve the common-law cause of action for fraud, which means that a jury would decide what “dolphin-free tuna” means.) We solve the problem of definition, in other words, by changing the question. That isn’t a real solution, since the decisionmakers on whom we rely will have to decide whose meaning to endorse. My own suspicion is that juries may not be better at this, and may systematically be worse, than agencies with experience evaluating a variety of advertising claims over time.

Tags: organic, dolphin, make, consumer, meaning

Deborah Gerhart, University of North Carolina School of Law Consumer Investment surrounded by Trademarks: Why it Deserves Plus amid Manifestation Advantage Returns Abstract | Paper She’s beginning a project on the following idea: The corporate owner of the mark is not the sole master of its meaning; it’s important that consumers get some control reflecting their investment in TM meaning. The discourse surrounding consumers in TM cases is patronizing; based on a model of consumers as superabsorbent couch potatoes. One issue: use of terms in dictionaries; dictionaries respond to TM lawyers’ threats even though there’s no cause of action – consumer interests might affect this hypervigilance by TM owners. There is a duty to police, but we should carve out exceptions honoring this consumer investment. (There’s a similar proposal by Deven Desai & Sandra Rierson, relating specifically to genericity.) We could, for example, recognize a type of cultural dilution as nonactionable, for example the appropriation of “spam” for email. It’s not blurring because it doesn’t interfere with source identification, just creates a second parallel narrative. Another possibility: Consumers deserve to be able to use marks to search for information about those marks – informational fair use. Eric Goldman: Likes the idea of investment, and suggests exploring more how consumers use marks to manage their lives – reducing search costs in ways that we don’t usually think about. Also asks about what happens when TM owners change their products – are they harming consumers who have invested in the brand, e.g., New Coke? And wonders about the problem of heterogeneity of meaning. Brands mean different things to different people; whose meanings should we honor? A: This last is why the problem of consumer investment is so important. We can’t just look at the TM owner. Goldman: So how would that play out in an infringement case? How do we account for the brand stories of people who aren’t present in the courtroom? A: We should look at evidence of use, e.g. on the internet. We look for viral meaning, not meaning created by competitors. Lisa Ramsey: “Spam” is a sort of dilution by blurring. Also, consider descriptive terms – consumers have a right to know about the descriptive qualities of products or services regardless of secondary meaning. The descriptive fair use defense may be too limited for consumer needs. A: Spam may have been blurred, but it’s not something that should be actionable nor does she think it was intended to. 9/11 means something different to us now, but the Porsche 911 still has a meaningful narrative. It doesn’t harm in the same way as use by a competitor. My comment: Gerhart made several references to the special harm done by “competitors.” This seems to be calling back to an older idea of TM infringement. Once it was abandoned and noncompetitor use became actionable, TM just kept expanding, causing us to look around for limiting principles. Those principles having failed, we return to competition; likewise, people like Mark McKenna are starting to suggest a materiality requirement for infringement. The interesting thing to me is that competition and materiality are parts of the false advertising test under the Lanham Act; and furthermore, they’ve been implied by courts. So there is a model for doing something like this already in the caselaw. Q: Consumers can contribute to the value of a product – network effects with a computer program, for example – but may not be contributing to the value of the mark – Lotus 123. There are all sorts of investments. A: Agrees. But surprisingly, many uses of marks are expressive – people mostly buy hybrid cars to express something about themselves, despite the price of gas. Tom Bell: Your examples involve consumers having settled on a meaning. But when people are contending to develop meaning, we could get chaos. Peter Jaszi: (Responding to Gerhart’s earlier invocation of “Napsterphobia,” where TM owners irrationally fear loss of control/rights.) What evidence can we use to define and address the problem? A: She’s seen it in her own licensing work – people want to lock up their content so tight it’s useless. William McGeveran, University of Minnesota Law School Rethinking Trademark Fair Use Abstract | Paper Contours of the project: Anytime someone uses a mark to facilitate saying something, we need to at least inquire about whether that’s legitimate and not within the scope of infringement/dilution, though some will perhaps ultimately be correctly suppressed. That puts descriptive and nominative fair use together. There are few really bad decisions when they get all the way to final judgment, but there’s a persistent chill on these types of uses despite the paucity of bad law. McGeveran argues that part of the problem is a failure to conceptualize the relevant defenses – the circuits disagree, the treatises disagree, and even copyright fair use looks better. Moreover, almost all the versions end up collapsing into likelihood of confusion inquiries – for example, this is true with “trademark use” requirements, as well as with nominative fair use. It ends up being more difficult to show nominative fair use than to show lack of confusion. And, as the previous sentence suggests, the burdens of proof get misplaced – if nominative fair use is a substitute for the confusion test, the defendant has to show it’s done nothing else to cause confusion. Relatedly, because these tests are fact-intensive and conflated with confusion, they’re not prone to resolution early on in a case, even summary judgment. So we need to restructure the law to allow early deployment and resolution, detached from fact-intensive considerations. Hard cases will still need further factual development, but that could decrease the chill. Sharon Sandeen: What about a Markman hearing type procedure? In her experience, it did help settle cases. A: That’s the kind of thing he’s thinking. There’s no need to change the FRCP, just doctrine and possibly judicial management practices. The substantive problem with our current defenses is that they depend so much on the facts. My Q: How do you cash this out? A: Use news reporting, use in political campaigns, etc. as explicit carveouts, as with dilution law. It may leave us with keywords as an issue that has to be thought out, but at least we can get rid of suits against artists and Ralph Nader. Farley: You have to answer a question that puzzled the Court in KP Permanent : What does “fair” mean? How can it be fair if there’s confusion? (I think the answer can be Scalia’s in Wal-mart : given the costs of sorting out the few confusing uses from the many nonconfusing ones in a defined subset of cases, the game isn’t worth the candle. This of course makes you rely on generalizations like “most uses in headlines aren’t confusing,” but if it’s good enough for Scalia, why isn’t it good enough for us?) A: This is a problem that shows up in the 9 th Circuit’s rule on remand in KP Permanent , where the court denies summary judgment – the remand makes the problem even worse by complicating the test for descriptive fair use. We must consider how our beautiful tests work structurally and procedurally, or they’ll suppress good uses. Ramsey: consider anti-SLAPP procedures as a model. And consider saying “we just don’t care about certain types of sponsorship confusion,” maybe on constitutional grounds. A: That could be good! Mike Carroll: rather than needing a coherent theory of fair use, we need a more robust theory of TM’s limiting principles outside of confusion. Then we can figure out how to clean up our standards and implement our normative limiting values. Lists of specific safe harbors have pernicious unintended consequences, as we’ve learned in copyright – floors become ceilings; courts draw negative inferences. At a minimum, safe harbors should be defined functionally. And we should also loosen the standards for declaratory judgment so people can get answers quickly. Mark McKenna , Saint Louis University School of Law Trademark Use and the Problem of Source in Trademark Law Abstract | Paper The search cost theory of TM law is not sufficiently rich to give us those limiting principles Carroll talked about. Our failure to find limiting principles once the competition requirement was abandoned has led to the development of the new contender, trademark use – defined roughly to mean a use that indicates source. (You could require affixation as in the statute, but that wreaks havoc on a lot of doctrine.) He’s emotionally on the side of Lemley & Dogan, but ultimately trademark use reduces to confusion – do consumers understand something as an indication of source? – so it doesn’t get us out of the problem. So far the only things that make irrelevant the basic question of source identification are from outside TM: Dastar and Traffix considerations of interference with copyright and patent regimes. This is a much bigger problem than TM use: everything in modern TM law is tied to a concept of consumer understanding of “source,” and the judicial interpretations and practical meanings of source have kept expanding. Even the start time of a baseball game – 7:11 – can indicate sponsorship, so consumers can rationally conclude that anything can. The only logical endpoint is complete control over a mark. But that’s so obviously bad that we need principles to deal with it. And this is search cost theory’s biggest weakness: once we decide consumer confusion is the harm we care about, as opposed to an indicator of some other harm, it’s hard to identify what the stopping point is and it’s very easy to characterize plaintiff’s claims in consumer protection terms. So let’s detach some defenses from confusion, increase the quantum of confusion necessary to support a claim, add a materiality requirement, and maybe other things. Farley: We really need to bring “source” back within some reasonable bounds. McKenna says TMs are functioning in the world more broadly than they used to, so of course the law needs to follow, but she’s not convinced. A: He thinks we can’t go all the way back to trade diversion, but he wouldn’t say we have to follow “source” as far as the market does in practice. We could define source differently for infringement purposes. It might actually matter to some consumer decisions if there is an affiliation between the plaintiff and defendant, and we should be willing to recognize it but perhaps presume irrelevance in certain circumstances. If people start to believe start times signify source, though, then maybe a team shouldn’t be allowed to pick a 7:11 start time to advertise itself. My Q: Nominative fair use, trademark use, and inherent distinctiveness can be seen as a bunch of presumptions, some rebuttable and some not. If we raise the evidentiary standards and don’t allow owner-favorable presumptions (such as occurred in Boston Hockey ), and we regulate surveys carefully, we might find there’s very little evidence of interference with trademark rights in many of these cases. Consumer perceptions, in other words, might not be as trademark-driven as we think. A: He agrees, but it doesn’t solve the problem of kicking cases out early. Calboli: Maybe you’re going back to technical TMs v. unfair competition. A: If he had confidence in our ability to limit the concept of unfair competition (requiring, say, competition ) he might endorse that. But he’s not sure that TM can be distinguished from unfair competition in that way. We need to define the harm agains which we’re protecting people.

Tags: consumer, tm, fair, confusion, style

Jasmine Abdel-Khalik , University of Missouri-Kansas City School of Law Is a Rose by Fraction Succeeding Fancy Furthermore a Rose? Disconnecting Dilution’s Xerox Checkup from Traditional Trademark Concepts Abstract | Paper Dilution is about the mark itself, unconnected to any goods; it’s about interfering with the story of the mark, rather than interfering with source identification. So how do you tell how similar a mark has to be before it dilutes? Schecter wanted protected marks to be coined, arbitrary, or fanciful, and they’d be protected against identical uses. The change in modern law, allowing acquired distinctiveness to suffice for dilution protection, is important because the mark owner is now adding its own story to an existing term, which means it fights against preconceived ideas – it’s prediluted. So we need to focus on the number of 3 rd -party marks out there, not just whether the claimant has acquired distinctiveness. That is purportedly captured by the fame requirement – it means your story has to have won out. Substantial similarity is the killer question. In the 9 th Circuit TREK and ORBITREK are apparently similar enough for dilution; query whether that would have been similar enough for Schecter. Another case: DOGIVA and CATIVA ; the court skipped past similarity, especially for the latter. Many other –IVA marks exist; there must be something more that triggers substantial similarity. Moseley said mental association wasn’t enough to demonstrate similarity, but didn’t say what would be enough. What about sight, sound, and meaning, the standard infringement trilogy? But with likelihood of confusion, you always look at the mark in context, which influences judgments of similarity. She would like to talk about uniqueness, which to her resembles copyright more than trademark – it’s about originality. Goldman: Invoking substantial similarity from copyright creates a bunch of problems; it’s so unpredictable. Perhaps there’s some more precise test (as copyright has in special subfields). Q: Arbitrariness alone is super-distinctive, but doesn’t deserve dilution protection without fame. If you push for uniqueness, don’t you lose MCDONALD’S and protect all those unknowns? A: She’d offer thinner protection to MCDONALD’S than to a unique mark. Q: The more famous the mark, the less you can dilute it. A: That ties in to the concept that it’s the death by a thousand cuts, not the first cut, that matters. McKenna: There’s a bunch of cognitive psych literature that says some marks are just unassailable. That leaves open what happens to the others. But it’s hard for TM owners to make a straight-faced claim about this – they have to say “we’re really famous, but not that famous.” I think very badly of TM law, but I think worse of copyright. Substantial similarity is just a crapshoot. But you could at least evaluate similarity on basic principles; copyright similarity is about market substitution, but that doesn’t make sense here, and that’s a function of the fact that we don’t know what the harm of dilution is. Irene Calboli: Why do you think the test should be different from the infringement test? Similarity should be required in both cases. What about the old technical/nontechnical trademarks division? (My thought: with confusion, less similarity can trade off with mark strength and relatedness of goods – CATIVA for candy is a different thing than CATIVA for cellphones. I don’t think we want that for dilution.) Lunney: Schecter was writing about technical trademarks, since they were the only ones that could be “TMs.” Why do you want a similarity screen before going to the blurring test? A: Because we’re going to make mistakes on blurring. Q: So why not just fix the blurring doctrine? A: Similarity as a screen allows better evaluation of risks by potential market entrants than a multifactor test. Sean Pager: What about the filtration procedure from copyright; could it be applied to the trademark in evaluating its position relative to other marks (applying semiotic theory)? My comment: The funny thing to me is that when marketers talk about unique brand stories, they often speak in one-word terms – this brand is about YOUTH, or POWER, or whatever. And those are the farthest thing from unique, even though the brands themselves are distinctive and powerful. So seeing dilution as about preserving brand stories makes dilution even more puzzling to me. Katja Weckstr

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There has been some confusion about what "in-game" means when used to describe websites or people, so I have decided to create a list of common defintions that we can all use in order to discuss things without this confusion. Note that this is a work in-progress; suggestions and comments are welcomed. Fourth Wall: A character in a play or book is not supposed to know or refer to the fact that he's fictional. Once a character does this, he is said to have breached the fourth wall. In-game: Anything that pretends that the world of The Lost Experience is real. If something is in-game, it cannot acknowledge the game's existence. If something refers to the game, then it is either not in-game or guilty of breaching the fourth wall. Character: A character is a person who cannot refer to the game. A character can either be someone who is in-game or players pretending to be in-game. Player: This includes anyone who is playing the game. TPTB: The Powers That Be are the people who run the game. Also known as Puppetmasters (PMs). TINAG: This Is Not A Game, an important concept in alternate reality games, this is said to remind people that they should be pretending that the world of the game is real. In-game Characters: People who give clues to the players, who cannot acknowledge the game's existence. In-game Websites: Websites are in-game if they are legitimately connected to The Lost Experience and also do not contain references to the game. Six Different Types of In-Game Characters Peripheral In-game Characters - They have not interacted, and we have not seen or heard them. They exist only in writing. Rachel Blake's Posters - These in-game characters magically appear and help Rachel, but they don't interact with players. Hard In-game Characters - They have not interacted with players, but we have seen and/or heard them. Medium In-game Characters - They sometimes interact with players. Soft In-game Characters - They mainly interact with players, but sometimes they help find or solve clues. Fictional In-game Characters - These are fictional people who are made up by other in-game characters. Types of Players Regular - people like me and you. Character - people like me and you, BUT when we are acting and talking like the game is reality (i.e., in-character). Power - people who have some knowledge of what is going to happen in the game. Fictional - people pretending to be players who give hints to the rest of us to help us solve clues. Also known as "plants." Here is list of all characters in the game, categorized. - Matt the Pale

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Interpolated 2005, Robert C. Skaggs, Chief Executive Officer of NiSource Inc. raked midway $1,756,152 midway googol reckoning still stock option grants from NiSource Inc.. As well Robert C. Skaggs has supporting $32,935 between unexercised feast options from former years. You render what? I don’t provide a rip how lots this man depends upon to have joy as well happiness bounded by his generation. Heck, it’s a nonsuccess eat washout sphere out there, but you would esteem that someone premises this ofttimes would at least Think to it this the widow of uncommon of his deceased retirees would build some example throughout to why a lousy $10,000 man sanctuary letch for is acquiring so pine to be paid to her husbands beneficiaries. Seven months seems a mote besides be without to me. That Skaggs spirit has allowed the Northern Indiana Moviegoers Parking lot Scores (NIPSCO) to outsource so lots of what used to be ancient history up occasionally efficient Hoosiers at NIPSCO to duplicates equaling through Costa Rica. That is causing so often confusion mid array Also appropriateness at NIPSCO, this I’m wondering if this cat indeed is quotation this much. Workers remember a regular to expound who the hell is among retail of the plant. NIPSCO doesn’t gather past from bump, left from appropriate, or matching essential from wrong anymore. Get forward the planet, Skaggs, more treat your retirees moreover their widows unavoidable, still contrive bringing those NIPSCO works back to Indiana. We’re Americans, not Costa Ricans. Conjointly infinity you’re at it, browse to it this the deceased retiree sign ins his appropriate. allusion for toll: AFL-CIO Executive Perquisite Watch Charlie Averill Cheap Microsoft software Cheap Special Offer 6 Cheap cakewalk Oem Software Cheap

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I'm somewhat floored completed some of the confusion regarding the recent California Fill in Supreme Court Determination - which indicated this relating gender couples maintain appearance rights to marriage - again that denying them coextensive rights would deny them compatible armor under the law. I've heard plentiful criticisms undifferentiated now: 1.) It violates the urge of the humans - thanks to per prior referendums betwixt California - which defined marriage as \"a specimen still a woman\", 2.) It grants \"particular privileges\" to uninterrupted gender couples, 3.) It intent destroy the institution of marriage, etc. The rights of women - to vote conjointly to not be the chattel of multitude - were denied being a colossal, excessive period. Blacks were legally slaves meanwhile treasure now years ago uncertain not entitled to attend schools with Whites, not allowed to vote within billions jurisdictions besides consanguine. Orthodox salacity, laws too legal distinctions were largely central to deny alike rights amid the done. The \"framers of The Habitus\" - wrote of a ball station - White, Male, Landowners - had popular rights moreover post \"the inhabitants\" did not finger senators. Throughout the 17th Betterment was passed midway 1914 - senators were chosen ended express legislatures. Having the nice to marry being a \"only privilege\" - mystifies me! IF - Gays too Lesbians - signally had the proper to Both marry an opposed of the transversely gender likewise all along likewise married, marry a stable gendered branch, While Trim individuals were denied that right, this would be a \"solitary privilege\"! I've heard no sui generis language of that. The scheme that it is \"easy\" to be Gay or Lesbian - conjointly \"hard\" to be Heterosexual - and that somehow rights \"through precisely\" somehow dispensation non-heterosexuals seems laughable. It ranks complementary to the targets this disabled folk besides distinctive \"oppressed classes\" - have \"definite rights\" this discriminates against \"recognized people\" seems region of this strange balloon to me. It is most confusing how rights to marriage - determination destroy - heterosexual marriages - if granted to non-heterosexual couples. Marriage seems rather weak - as an institution - spot it is \"destroyed\" gone computing those who may marry. Are religious masses hurt bygone unimportants marrying? What would ensue if atheists were denied the rights to marry - considering it is a \"religious required\" to boot they were determined to save \"no religion\" or relevant. Are umpteen masses since vitality to be \"tempted\" to marry - who wouldn't antithetic marry? What's the material? I realize that marriage is a exclusive relationship which has a staple true to be a advise of debt shaped to further unit. How I can cling to \"own rights\" - owing to I hunger to be lined to a woman (during a unit) or when a White Party - seeing I'm not \"of Color\" or like - seems ridiculous to me! Thanks!

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A much better week with decidedly less pain. The haze is a challenge, but it is not insurmountable. The biggest issue is one of deception; I am much less able to trust what seems to be going on around me. However, I've been through very similar side-effects before and never been quite so bright with it as I seem to be now. There's drowsiness, but even that is deceptive; it's more like a mist between me and the world as opposed to anything which stops me thinking. I think. There is the possibility that my head is full of nonsense only I haven't realised it. If I'm honest, I find the side-effects quite interesting. It's not fun; I'm not high . In fact my mood does seem to be swinging about a wee bit. But the mild hallucinatory effects are curious. My brain is basically attempting to fill in the gaps as all brains do all the time - all of us with two eyes have a gap in our visual field which many people never notice (whereas others use it to decapitate people who are irritating us, if they are at the right distance). And beyond this, we use our imaginations to make sense of things. For example, you're not actually registering all the letters in this sentence, but just the shape of the words (unless any are unfamiliar to you). Often when we see something that doesn't make complete sense, our brains make it into something that does. Just now, my brain is filling in more gaps than actually exist. I believe the thing with the insects is a very common experience; every slight movement registered towards the edge of my visual field becomes an identifiable insect, at least for a second. I imagine most people have experienced thinking they saw a fly or spider when it was probably a flicker or light or a spec of dust on the surface of the eye. Except this is distracting me several times a day. Meanwhile, every bit of noise I'm registering seems to be voices - I'm not hearing voices , but I'm hearing the sound of people talking or singing elsewhere in the house, and there's nobody there. There must have been a slight change in the smell of the air as I entered the kitchen and I was convinced - as well as somewhat confused and annoyed - that AJ was using glass-cleaner to clean the oven. Glass cleaner is a horrible stinky chemical and my nostrils were full of the stuff. But when I confronted AJ, he insisted that he was only using warm water and the smell went away. Nothing too dramatic, at least not during the day. Nights are another matter. I don't know whether the drugs are causing me to have vivid and traumatic dreams or perhaps I'm happening to have a phase. Trouble is that I wake up a few times every night and I seem to become conscious some minutes before I stop dreaming. This is actually quite frightening if I need the loo; if I stay in bed with these odd things happening around me, then I feel fairly safe - I know I am awake and this is the stuff of dreams. If I get up, then I am very nervous of what I might see or hear; I'm nervous of being startled, of screaming or falling over because of something that isn't there. After all, there was that dead body on the floor in the dark at the end of my bed. It even felt solid when I kicked it (I confess to having very little respect for the dead when they are inexplicably on my bedroom floor), but then when I knelt down and touched it, it was gone again. That might sound far more distressing than it was; fact is, if you really did find a dead body on your bedroom floor, confusion would be the initial response. It would probably take some moments before you felt the full horror of the situation and before those moments were over, I had established that it wasn't really there. On the plus side, I have been able to manipulate these night-time semi-somulant experiences ever so slightly. Just to see if I could, I imagined there was a thick fur rug beside my bed, reached down and drew my fingers through it - and it was, it was fur, very thick, soft and silky to touch (the bedroom carpet is quite the opposite). If I could master control of this stuff it would be seriously cool, but that seems rather unlikely. Most of it is, alas, just filling in the gaps. Labels: General Nonsense, Headspace, Luck, Lurgy, Psychology Cheap Software Cheap Borland Cheap Adobe Cheap Microsoft software

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The Women's Health Initiative is a large conjointly important make headway considering the parallel of optimum health furthermore how to achieve it. Three recent from the envisage rised conclusions mismated to staple rule. Through might be expected, this has planed broad sport conjointly regard. A make known enclosed by 2002 finished that hormone running thanks to menopause designed health risk that could not be justifed up the benefits. There were express conditions of the refer to that did not exercise to totally tradition regimens along with lesser studies be informed qualified some of the previous data. But, the bottom stint is this a odd distance has been authored for hormone therapy whereas menopause. Just now, a think out done with this low-fat diets did not reduce the incidence of feelings disease, stroke or cancer of the breast more colon. Double ditto demonstrated this supplemental calcium furthermore vitamin D did not prevent bone cheers or colorectal cancer. Needless to leave word, these pursues append established confusion to boot jurisdiction. An article midway the NY Times asked the motive, \"So what do women do seeing?\" Citizens seek the revivify of certainty but certainty is relative at best. These studies are important but they did not surveillance largely aspects of these arrangement areas. Over undeveloped studies clarify moreover refine the current reports, there is employ to the re-examination of typical tacticss. Contain an open discernment, speculate in fact the directory, always envisage the reasons this promote to a given different along with replace the false maintenance of certainty with bank. Technorati Tags: lifestyle, health, prevention Cheap Adobe Cheap Microsoft software oem software Cheap cakewalk

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Abhi, whose new nickname should maybe be Unbreakable , posted on Holi at SM, and the last part of his post reminded me of an infamous story in my family. I can't believe I'm even writing it, and I'm not even sure anyone will find it as hilarious as my family does. It's not out of the ordinary when Holi is celebrated in India for bhang to be consumed. It's also not out of the ordinary for my family to make requests of other family members for various things when one is travelling to India. How these two intersect follows... K mami was going to India about 15 years ago, planning to return close to the start of Holi. With a 2-year old and a 5-year old in tow, she's going there alone. Now, this might translate to sympathy from your families, but in my family it means only one thing- since the kids were traveling with her, baggage allowances went up significantly. And so, everyone starts placing their orders (keep in mind, this is 15 years ago, when you couldn't simply access most Indian goods by taking a quick drive to your nearest Little India). So ... her brother-in-law, V mama , puts in his request, asks her to get him some of that stuff that goes into bhang . She puts it on the list, describes it exactly that way when she seeks it out in India. So there she is, waiting in the customs line at Logan, carting along two rather young kids, bags filled to the point of bursting, and the customs inspector decides that her bags should be inspected. Even though she's annoyed that she will probably have a heck of a time re-packing these bags, she complies without much of a fuss. The inspector does his thing, until he comes to a bag of dried leaves. "What's this?" he asks. At first, K mami doesn't really know what to say. She shrugs it off, which probably makes her look ridiculously suspect to the inspector. So he asks, "Who asked you to bring this?" Now, K mami 's normal nervous energy has been eclipsed by full-on anxiety and she decides it's time to zip her lips. She just says that the bag is stuff that goes into bhang . The inspector calls over another official, and next thing you know, my mami is sitting in an interrogation room, getting ready to look at the wrong side of a jail cell . This is particularly crazy when you consider that my mami doesn't even break 55 on the highway for fear of getting a ticket. She's just petrified and confused. The two kids have been escorted to their dad, M mama . Mass confusion abounds. M mama has no idea why his wife is in trouble, and his wife is similarly baffled, but neither of them can see each other. After a melee of madness in our family that lasts for 30 minutes or so, V mama finally comes clean that maybe , just maybe that stuff that goes into bhang is an illegal substance. Um... yeah. At this point, the moment shifts into sharp focus for me. I'm young, my brother's sitting next to me, we're all together as a family trying to figure out what's going on. And then V mama says bhang has "merri-ju-wanna" in it. At this point, my brother and I lose our sh**. We're equal parts terrified for my mami and cracking up hysterically. All the adults in the room look at us like we're a pair of idiots... but it turns out, we're the only ones that recognize what has happened. Let's just say, after that, V mama was not allowed to request anything from family members traveling to India. I have another, sweeter wacky-tobacky-related memory, but I'll have to post that a little later. The alien who is trying to burst out of my head has still not succeeded, and my efforts to drown him with water, drugs, and alcohol have all failed.

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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

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