,hl=en,siteUrl='http://0ldfox.blogspot.com/',authuser=0,security_token="v_SeT2Tv8vVdKRCcG9CCW-ZdIfQ:1429878696275"/> Old Fox KM Journal : December 2002

Monday, December 30, 2002

Kylie comes in ninth!
FACT BOX
The top 10 female earners this year were:
* JK Rowling: £48 million
* Madonna: £27 million
* Robin Saunders: £11.7 million
* Anne Robinson: £11 million
* Catherine Zeta-Jones: £10.5 million
* Jackie Collins: £10 million
* Sharon Osbourne: £9.8 million
* Barbara Cassani: £9.5 million
* Kylie Minogue: £8 million
* Jane Leeves: £7.9 million

One wonders what is the source for these numbers.

Friday, December 27, 2002

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Thursday, December 26, 2002

http://w.moreover.com/cgi-local/wizard_step_one.plhere
buttafly favorite sites
Eeggs.com - The Easter Egg Archive: Hidden secrets in software, movies, music and more!
The Legacy of Thiomas Merton
MY LORD GOD, I have no idea where I am going. I do not see the road ahead of me. I cannot know for certain where it will end. Nor do I really know myself, and the fact that I think that I am following your will does not mean that I am actually doing so. But I believe that the desire to please you does in fact please you. And I hope I have that desire in all that I am doing. I hope that I will never do anything apart from that desire. And I know that if I do this you will lead me by the right road though I may know nothing about it. Therefore will I trust you always though I may seem to be lost and in the shadow of death. I will not fear, for you are ever with me, and you will never leave me to face my perils alone.
­Thomas Merton, "Thoughts in Solitude"

Wednesday, December 25, 2002

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Tuesday, December 24, 2002

TIME Europe Magazine: Cute Kylie Goes D&G -- Jul. 01, 2002Cute Kylie Goes D&G
Petite pop-star follows in Madonna's fitting room

By LAUREN GOLDSTEIN


CAINO ROMANIELLO/POLL-OLYMPIA
TOO POSH TO MOSH? Kylie and Co.

A summer concert tour is more than just a chance to see celebrity singers — it's also time to check out the latest work by the celebrity designers.

Dolce & Gabbana outfitted Madonna for much of her career, including her most recent tour to promote Music. The duo might seem an odd choice for the petite, cute Kylie Minogue, but their slinky skirts and bandeau tops (think Gladiator) actually made the little star look sexy.

Last week in Milan, Dolce & Gabbana celebrated their achievement with a star-studded fĂȘte in Minogue's honor.
Kylie pix from SalonSalon.com Arts & Entertainment | Arc of a diva Arc of a diva
After two decades of Eurostardom, Kylie Minogue's brand of glossy retro-disco may finally conquer America. Good -- she's just what we need right now.
MagPortal.com - Magazine Article Search Engine, Directory, and Data Feeds Add a Research Center to Your Website
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Keep users coming back to your site for fresh content.
CrossingtheBar.Com CrossingtheBar.Com aspires to be the premier source of information and commentary on the Internet on the multijurisdictional practice of law by lawyers. This site helps you locate and analyze the statutes, rules and regulations that relate to the multijurisdictional practice of law. Go to Introduction for an overview of the contents of this site. Go to Site Map or Table of Contents for the specifics. Your feedback on any aspect of this site would be appreciated and can be quickly sent by the use of our Feedback form. Late breaking news on the multijurisdictional practice of law can be found on this site at News. You can use the Search feature to locate information of particular interest to you. Legally and ethically Crossing The Bar ® - going from your state or territory of admission to other states or territories to practice law - can get complicated. Hopefully, the information contained on this site will help lawyers successfully navigate their way through the thicket of statutes, rules and regulations applicable to the multijurisdictional practice of law today. Good luck!
TRIBAL Group plc - Innovation for a new generation
Recruitment Agencies Links British and Irish Association of Law Librarians
Granite & Comfrey (law firm internal know-how) Acquired by Tikit Group
9 September 2002

Tikit Group plc has acquired Granite & Comfrey Ltd, supplier of systems and services for managing the internal know-how of law firms and legal organisations.

Granite & Comfrey is a specialist company that focuses its capabilities on providing classification, thesaurus, and taxonomy services and tools to the legal profession. It is well known and highly regarded within the legal market and its acquisition is seen by Tikit as enhancing their ability to offer quality tools, consultancy and service in this area.

Granite & Comfrey was founded by Derek Sturdy in early 2000 to develop software for categorising, analysing and cross referencing legal cases, opinions and precedent documents primarily for the legal market. Development of the product suite has now been successfully completed and the software is already being used in a number of top 20 UK law firms.

Regular readers of Managing Information magazine will remember that Derek Sturdy is behind Loyita Worley's project OuRBase at Richards Butler you described in the April edition of MI on pages 32-33.

Granite & Comfrey have built a powerful and widely respected taxonomy system which clients can either use or modify to construct their own classification hierarchy enabling them to integrate with many third party applications as well Granite & Comfrey's own searching system. These systems are used in-house to support the document mark up and citation service that they offer to law firms. Typically Granite & Comfrey's main contacts in law firms have been with librarians, professional support lawyers and knowledge directors whilst Tikit's has been with IT directors.

The acquisition of Granite & Comfrey means that Tikit can now offer complementary options to clients who are building knowledge management and classification systems.

Although no-one is willing to admit it publicly, there has been much talk in legal information circles about the expensive knowledge management solutions purchased by law firms which have failed to deliver. Granite & Comfreys products and services are seen among information professionals as being a solution to this issue, being based on solid information management principles.

Further information: Derek Sturdy, Managing Director, Granite & Comfrey
Tel +44 (0) 1422 881390 / Email: derek.sturdy@infoengineers.com

Friday, December 20, 2002

Kylie To Duet With Ozzy Osbourne
Gay.com UK
Friday 20 December, 2002 10:00

First it was Jason Donovan, then Kermit the Frog - and now the Prince of Darkness, Ozzy Osbourne, is to perform a duet of "Especially For You" with Kylie Minogue.

The Aussie pop diva will be making an appearance in the hit MTV show The Osbournes, reports the Daily Star.

The appearance is the brainchild of Kelly Osbourne, who became friends with the petite Australian performer on the Jingle Tour of America earlier this month.

Television bosses believe the combination of Minogue and the foul-mouthed Osbourne family will crackle with on-screen chemistry.

"The whole family are massive Kylie fans and she's rapidly making a name for herself in the US, so everyone's really keen to see this happen," a television source told the newspaper.

It will be the second time that Kylie has sung Especially For You, a hit in 1989, without Donovan. The song was resurrected last year, in a duet with Kermit the Frog for the television special "An Audience With Kylie Minogue".

INTELLIGENCE Ben Sweet

Mastering the Art of Negotiation: Let's Make a Deal

A veteran negotiator reveals classic rookie mistakes.

Jim Freund is a master negotiator with the international megafirm Skadden, Arps, Slate, Meagher & Flom. During his 40-year career, Freund has done billions of dollars' worth of deals, tangling along the way with such pussycat bargainers as corporate raider Carl Icahn and airline gobbler Frank Lorenzo. Jungle asked Freund to identify the most common beginner negotiating errors he's seen over the years.

1. Diving in too fast
Too many young lawyers want to jump right into the back-and-forth of bargaining. That's a mistake, says Freund. Never start a negotiation, he says, until you know how you want it to end. First, identify the client's goals. Say you're handling an employment contract. How much does your client want? Two hundred thousand? Okay. What else? Stock options? Fine. Next, determine your client's "walkaway number"—the figure below which she absolutely won't go. Finally, ask your client to prioritize: "Which is more important to you, the salary figure or the options?" Now you know that the $200,000 is crucial and the options are negotiable. Once you know what you want to achieve and what you can and can't give up, you can develop a bargaining strategy that suits your client's goals. You'll also be less likely to lose sight of those goals in the heat of battle.

2. Cutting to the chase
You've offered to buy a business for $8 million, and the other side has countered with $12 million. You're willing to settle for $10 million, so why not just say so and call it a day? Because you'll almost certainly end up overpaying, says Freund.

One of the keys to successful negotiating is to create a dynamic of shared sacrifice. Each side typically needs the other to make concessions before it will feel justified in making a deal. In this example, a smart negotiator will take your $10 million suggestion and begin to seek concessions from there. Congratulations: You just gave away $2 million of bargaining room. Consider the alternative. You "grudgingly" make a second offer of $8.5 million, and your move is reciprocated by an $11.5 million counteroffer. There: You've set the stage for a series of additional offers and counteroffers that have you meeting at the $10 million middle.

3. Reacting carelessly
A buyer offers $1.5 million for a piece of land. Your reaction? A harmless nod. Oops. That "harmless" nod, says Freund, told the buyer his price is reasonable, even though your client wants $5 million. Rookie negotiators often react improperly, says Freund. Experts prepare a well-thought-out response for each possible situation. In this case, Freund would have been ready with two reactions: One for the low-ball bid that clearly communicates the inadequacy of the offer ("Are we talking about the same piece of property?"); another for a good number (something like "That's a constructive first offer"). Note that "constructive" is a positive—but not too positive—response and "first" suggests that you expect a second offer.

4. Losing patience
Freund tells the story of a young lawyer negotiating a contract out of town. The attorney expected to wrap up the deal within a few hours and catch a flight home. He showed up for a morning bargaining session with his airline ticket poking out from his coat pocket. The attorney for the other party saw the ticket and promptly hunkered down, prepared to drag out the negotiations all day. The young lawyer wound up losing significant gains on the contract—and he missed his plane. The best negotiators, says Freund, have deep reserves of patience and perseverance. The bottom line: "Leave plenty of time for any negotiation, and focus relentlessly on the issues important to your client."

5. Overplaying a strong hand
Say you're representing a software maker in acquisition talks with Microsoft, but you're fielding overtures from other buyers as well. This is the deal your client wants, so you decide to present a take-it-or-leave-it offer to the 'Softies. "If you don't want this deal," you say, "I can make it with one of the other guys." Another gaffe, says Freund. If you're lucky enough to have leverage in a negotiation, by all means use it. But wield power gently, says Freund. A threatening tone can anger an opponent and scotch a deal that might otherwise have gotten done. "Don't give the other guy an opportunity to be irrational," says Freund. Instead, exert leverage in an emotionally neutral way, he advises. Try something like this: "Look, your offer isn't high enough. We would really like to do business with you if you're willing to pay a preemptive price. But what you have offered is not that. If you're not willing to pay, we'll have to go elsewhere." Point made, no one threatened. Send the papers to Gates.

LEGAL RECRUITERS’ WORLD


Nobody Loves You When You’re Down

BY THE RODENT

Who do you hear from too often when you don’t need them, and not often enough when you do? Pose this riddle to lawyers and most will give this answer: legal recruiters.

If you’re an attorney, you are likely to have your first encounter with a legal recruiter during your first year of practice. It all starts with a mysterious phone call, usually a message from someone you’ve never heard of before. It’s cryptic, something along the lines of: "I’m calling about some legal information that might interest you." Thinking it might be a potential client or someone who has discovered that not all the information you put on your state bar application was accurate, you anxiously return the individual’s call.

Immediately upon discovering that the person who called is a legal recruiter, you are gripped with fear. Because you are a new lawyer at The Firm, you are paranoid. Because you are paranoid, you are sure that your phone is tapped and The Firm’s hiring partner is listening. Another possibility is that someone else at The Firm will find out about the conversation, your loyalty will be questioned, and you will be fired.

Unsure of what to do, you hang up the phone, close the door to your office and take 20 minutes to compose yourself and let the sweat dry.

After a while, you start to feel flattered. You decide they’re calling because word of your considerable skills is spreading through the legal community. Other firms, you have convinced yourself, are dying to steal you away. You are the lawyer in demand. Eventually, however, you come to learn that the new edition of the Martindale-Hubbell lawyer directory has been published. Everyone whose name appears for the first time is getting called.

Speaking of Martindale-Hubbell, it’s kind of cool when your name first appears there. Cool, I mean, as in cold calls. I suspect that most copies of Martindale-Hubbell are sold to people who make cold calls for a living. When you’re at The Firm and a phone call comes in from someone whose name you don’t recognize, it’s likely to be from one of the following:

1. A legal recruiter with a job opening for you.
2. A stockbroker with an investment opportunity for you.
3. An insurance agent with a policy for you.
4. A person from your past who has a summons for you.

Once you realize that getting calls from recruiters is a fact of law firm life, you take time to listen. After all, you might need these people someday. You hear about the "incredible opportunity" at the "dynamic firm" composed of a "great bunch of lawyers" where they work "reasonable hours." Such jobs also typically include travel to exotic places, tons of money, a car, a plane, a boat.

Passing up one spectacular job after another does not always serve the lawyer well. You may decide to stick with The Firm, but, for whatever reasons, The Firm may eventually decide not to stick with you. As a result, you’ll end up wishing you had jumped at one of those opportunities offered by your favorite legal recruiter. Instead, you’re no longer in Martindale-Hubbell, and your phone isn’t ringing.

When the time comes that you are no longer securely employed at The Firm, and you need help finding a new position, the dynamics of the relationship between you and the legal recruiter will have changed. For some reason, when you are the one who initiates conversations with legal recruiters, all of those spectacular jobs are already filled. In fact, the only law firm in town that seems to be hiring is your old firm. You wonder if they’ll take you back.

©2002 ABA Journal

Thursday, December 19, 2002

Press Release - CBHD Condemns Stanford University Human Cloning Project CBHD Dismayed at Stanford University's Plans to Create Embryonic Stem Cell Lines, Possibly Clone Human Embryos
Chicago, Illinois - December 11, 2002 - Yesterday, Stanford University announced the establishment of a project to create stem cell lines using a cloning method that would transfer the genetic material of an adult cell to a embryonic stem cell. Project director Irving Weissman indicated that this is the "preferred method" of creating the lines, but that if it failed, the project would likely clone human embryos to obtain them.
Mounting an Online Posse
By KATIE HAFNER

FOR two years, Jason Eric Smith, a 21-year-old sophomore at the University of New Orleans, had been finding good deals on used Macintosh computers and then reselling them on eBay.

Until a week before Thanksgiving, Mr. Smith's small enterprise ran smoothly, yielding just enough to pay the rent. Then a sale went terribly awry, leaving him a victim of a buyer's fraud. And in his outrage he persuaded fellow Mac users to take up his cause, turning themselves into sleuths armed with the Internet's power and reach.

Webmaster Tip: What are the codes for special characters?
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Wednesday, December 18, 2002

McKinsey & Company - Featured Articles
While we avoid any publicity that might compromise client relationships, we encourage our consultants to express their own ideas and to publish them independently. We do not subsidize their publishing efforts. Any articles published by our professionals are printed because independent editors deem their views interesting, distinctive, or newsworthy.
Our people share knowledge through a variety of external publications, from the Wall Street Journal to Business 2.0. We've highlighted some of their work below.
KM Resource center
Knowledge Management Bookstore > Published 2002
This selection contains all titles published (or to be published) in 2002. You can also browse the bookstore by other publication periods, or browse all titles. Select from the categories listed below.
KM Resource center
Knowledge Management Bookstore > Published 2002
This selection contains all titles published (or to be published) in 2002. You can also browse the bookstore by other publication periods, or browse all titles. Select from the categories listed below.

Tuesday, December 17, 2002

SENDING BRITISH EXPATS THEIR FAVOURITE THINGS!!What is an Expatbox?

An Expatbox is full of the things you miss from home - either a themed box (like our Big British Bumper Box), or a box that you make up and request from us.
Expatboxes is based in the heart of Devon, England, run by ex-expats, sending British expats the things they miss from home! No more lugging 20kg of hand luggage crammed with Branston, marmalade etc. Sound familiar ?

Monday, December 16, 2002

AT&T warns of hoax message

[ The Atlanta Journal-Constitution: 12/9/02 ]

AT&T warns of hoax message

By KATHY BRISTER
Atlanta Journal-Constitution Staff Writer

AT&T Corp. is warning customers not to respond to bogus e-mails asking for personal information. The e-mail says AT&T needs customers to verify billing records by providing social security numbers, credit card numbers, birth dates, mothers' maiden names and driver's license numbers.

The e-mail has "att-global.com" in the address. AT&T does not know how many customers received the e-mail, which went to both residences and businesses. The company said it has stopped the messages but warned they could reappear.

It is asking customers not to respond to the messages and to forward them to AT&T security at security@att.com. AT&T discovered the bogus e-mail campaign when a customer sent one of the messages to its security division Friday evening. The company said it blocked the messages later that night.
skipease.com | skiptracing
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Church v. Google - How the Church of Scientology is forcing Google to censor its critics - Microcontent News, a Corante.com Microblog Church v. Google
How the Church of Scientology is forcing Google to censor its critics
by John Hiler

Can a pseudo-religious organization muzzle the Web's favorite search engine?
Microcontent News has learned that the Church of Scientology™ is aggressively using digital copyright laws to eliminate one of its chief online critics from the Google database.
Chilling Effects Clearinghouse
http://www.chillingeffects.org/
A joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics.

Do you know your online rights? Have you received a letter asking you to remove information from a Web site or to stop engaging in an activity? Are you concerned about liability for information that someone else posted to your online forum? If so, this site is for you.

Friday, December 13, 2002

EssayEdge.com, CyberEdit, Inc.Named "the world's premier application essay editing service" by The New York Times Learning Network and "one of the best essay services on the Internet" by The Washington Post, EssayEdge has helped more applicants write successful personal statements than any other company in the world.

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AT THE FIRM FOR THE HOLIDAYS
These Helpful Hints Will Help You Celebrate While You Work

BY THE RODENT

If you’re a new lawyer, you should know that this Christmas will be different from the ones you enjoyed before you started walking around with a bar card in your wallet. While partners at The Firm are running off to vacation at some winter wonderland even though there is work to do, it’s not hard to figure out who will be left behind trying to meet those year-end deadlines. That will be you.

This scenario has created some of the most memorable tales of associate Christmases past. One commonly shared memory is the experience of having to work late, missing a flight and ending up spending Christmas Eve on a cold airport floor.

Another memorable seasonal story is the one of the associate who tried to deliver documents to a partner’s vacation home during a blizzard. His car skidded off the road, and he spent at least a couple of the 12 days of Christmas trapped in a snow bank. Adding insult to injury, lawyers in these situations can usually only bill clients for the time they spend in the snow bank, as clients tend to balk at paying for time spent in a hospital being treated for frostbite.

Such experiences teach attorneys the true meaning of a law firm Christmas. They also make lawyers appreciate the relative comfort and safety of spending the holidays at the office. It’s better simply to make plans to be at The Firm rather than make plans you will never be able to keep.

But don’t despair! Instead, do what you can to make the best of the situation. Here are some helpful holiday hints and thoughts to cheer you up:

If you drive to work, traffic on Christmas morning is certain to be far lighter than usual. Give yourself a special holiday treat by sleeping an extra 10 minutes before going to the office.
The Firm computer is likely to have a faster Internet connection than your home computer. This will reduce the time it takes to send electronic Christmas cards to all the people who are so important to you.
Buy yourself a present on the way to the office (7-Eleven is open 24 hours, even on Christmas) and unwrap it at your desk while waiting for documents to be proofread.
Bring a cassette tape of Christmas carols and play them on your dictaphone.
In lieu of going to church with loved ones, gather with other associates for services in the senior partner’s office.
Come to the office dressed as your favorite biblical character.
Use a fire extinguisher to make your office part of a white Christmas.
Call home while the family is gathered around the fire opening presents, and listen to them on your speakerphone while you do your work.
Don’t forget to think of the less fortunate on this special day. Specifically, remember that while you may not yet be a partner, there are those who rank even lower than you on the law firm totem pole. Take advantage of your senior position and keep from getting lonely by making a first-year associate and a paralegal or two come to the office and share in The Firm festivities.
If these steps fail to make your holiday a joyous occasion, it’s probably because being at The Firm has caused your post-Christmas depression to kick in early this year. The good news is that you might also get over it earlier than usual and actually feel like celebrating on New Year’s Eve. That is, of course, assuming you don’t have to work that night.

Merry Christmas and Happy New Fiscal Year!

©2002 ABA Journal
DON’T ISSUE CITATIONS FOR CITATIONS
Court Committee: Courts Should Allow Citing Unpublished Opinions

BY STEPHANIE FRANCIS CAHILL

California lawyer Kenneth Jay Schmier is a longtime activist in favor of citing unpublished opinions. He was even arrested in 1998 for asking a question about the issue at a "meet the judges" event held in Marin County. Audience members were asked to give written questions to the judges, but Schmier didn’t think his was adequately answered. So at the end of the evening, he stood up to ask it again. He was then charged with disturbing the peace and resisting arrest. Both charges were later dropped.

"I wanted to know how it was possible that in a country that values free speech and the right to petition the court, it could be illegal to bring to an appellate court a case that has already been decided," Schmier says.

A lot of lawyers, including some judges, are asking the same question. Some circuits freely allow the citation of unpublished opinions. Some circuits don’t. An advisory committee to the Administrative Office of the U.S. Courts says a uniform rule should be established.

"I think the committee has taken the first step in getting rid of a rule that is an extraordinarily bad idea," says Schmier, who attended a Nov. 18 meeting of the Committee on Appellate Rules in San Francisco. The committee decided all circuits should allow the citation of unpublished opinions. Judges should have discretion over a particular opinion’s weight.

Current discrepancies among the circuits are problematic, committee members say.

"Imposing a uniform rule cannot harm the administration of justice; to the contrary, it will expand the sources of insight and information that can be brought to the attention of judges and make the entire process more transparent to attorneys, parties, and the general public," the committee wrote. "At the same time, a uniform rule will relieve attorneys of several hardships. Attorneys will no longer have to pick through the conflicting no-citation rules of the circuits in which they practice, nor worry about being sanctioned or accused of unethical conduct for improperly citing a nonprecedential opinion."

The proposal, titled Rule 32.1, is in its early stages. If it survives various committees with little conflict, it could be before the U.S. Supreme Court by April 2005, predicts Patrick J. Schiltz, the committee’s reporter. If the court approved the proposal, it would go to Congress, which would have until December 2005 to veto it.

"It will be very controversial, and rules that are very controversial rarely take the quickest path," says Schiltz, an associate dean at Minnesota’s University of St. Thomas School of Law.

Historically, judges have opposed the citation of unpublished opinions. Typically, such opinions cover old ground and are shorter and less thorough than their published counterparts. Judges sometimes use them because they are less time-consuming to write than "citable" rulings.

"The ability to issue nonprecedential opinions is a matter of survival for many courts of appeals, who have seen their workload increase dramatically faster than the number of judges available to handle the workload," the committee report states. "Issuing nonprecedential opinions takes less time than issuing precedential opinions, because judges can spend less time explaining their conclusions."

However, Schiltz says the bench’s position on allowing citation to such opinions is changing. Four judges serve on the committee that issued this proposal.

"There’s been at least three surveys on judges on this issue, all of which have shown progressively more support," he says. He adds that most lawyers want a uniform rule that allows the citation of unpublished opinions.

"Attorneys tell us there’s a lot of game-playing," Schiltz says. "They will cite a law review article that discusses the unpublished opinion, rather than the opinion itself, or a published opinion that cites the unpublished opinion." No circuit completely bars the citation of unpublished opinions, but in circuits that are more restrictive, lawyers often try to find ways around the rule.

"They get frustrated by the idea that they can’t bring to the court’s attention the court’s own word," Schiltz says.

©2002 ABA Journal
The $200 Million official Clinton Presidential Center and Library is being built on the banks of the Arkansas River in Little Rock, Arkansas. Many believe that it will actually be a "LIE-brary" - a highly scripted version of the Clinton administration - an extravagant monument to corruption.
* The "Counter Clinton Library" is necessary to refute the many spins and lies that will be the theme of the "official" Clinton library

*Thus, the official Clinton Presidential Center and Library - funded by taxpayer dollars and by huge donations by rich foreigners including Communist Chinese and Saudis - is a campaign vehicle to elect Hillary as the next Democratic President and to have Bill Clinton back living in the White House.

* The Counter-Clinton Library is being supported by many patriotic, private, citizens who refuse to allow the Clintons and their acolytes to erase or change their eight-year record in the White House
Archiving trouble. Will try a reset.

Wednesday, December 11, 2002

ANOREXIA NERVOSA
Deliberate self-starvation with weight loss
Intense, persistent fear of gaining weight
Refusal to eat, except tiny portions
Continuous dieting
Excessive facial/body hair because of inadequate protein in the diet
Denial of hunger
Compulsive exercise
Abnormal weight loss
Swollen salivary glands
Sensitive to cold
Broken blood vessels in the eyes
Absent or irregular menstruation
Hair loss

PHYSICAL REPERCUSSIONS FROM ONE OR BOTH DISEASES

Malnutrition
Intestinal ulcers
Dehydration
Ruptured stomach
Serious heart, kidney, and liver damage
Tooth/gum erosion
Tears of the esophagus

PSYCHOLOGICAL REPERCUSSIONS FROM BOTH DISEASES

Depression
Low self-esteem
Shame and guilt
Impaired family and social relationships
Mood swings
Perfectionism
"All or nothing" thinking

Listening in....

Excerpts from Dr. Tharp's Discussion Forum.


Meditation
Author: Gsurowiec Date: 12-05-02 15:07

Hi Van, I listened to and read about you and other people in your org talk about meditating. Where does one start to learn how to do this? I just read the article from Marjory and when I tried meditating on my own this is exactly what happens to me. My mind runs 100 miles an hour about everything and nothing. Do you have any tapes that teach this?
Thanks,
----
Author: Van Tharp Date: 12-07-02 18:20

The easiest meditation is to watch your breath. That's all you do and you commit to doing it for 20 minutes.

Three things can happen. First, you get distracted. That's okay, but when you notice it go back to watching your breath. When this happens you have a lot of chatter and you need to let it go.

Second, you might fall asleep. Good you were tired and needed the nap.

Third, you might get to the space between your thought. This is a wonderful place where you might get all sorts of insights (or they might come later).

Those are the only three things that can happen and all of them are useful.

Enjoy, Van
----
Author: DJR Date: 12-08-02 18:38

Just a hint that I picked up from a book "7 ways to calm" or something like that.

Anyway, in the book she says see your "thoughts", the chatter, similar to emails arriving in your inbox. whenever you get an email/thought, you have choices.

1.Hit the delete button because its junk email - "thank you for arriving, now please leave"

2.File it because it needs to be dealt with but not now, "later" - "thank you for the reminder, I'm focusing now and will get back to that later"

3.Deal with it immediately if the matter is an emergency - "Thanks - I'll deal with that immediately"

I have found this very effective. it's amazing how you can stay focused and, remember, your effectiveness improves with practice.

Good luck

Read the full, unedited thread by clicking here

Trading Tips:

Peak Performance Trading Tips from Dr. Van K. Tharp.

This section features Peak Performance Trading Tips. These won't be tips on some hot new investment. Instead, they'll be tips on how you get yourself in the best possible condition mentally to perform at a peak level. You may have heard some of them in one form or another before, but you can never apply them enough. As a result, these tips should become second nature to you.

Tip# 44
Steps To Knowing Yourself

Part One

Knowing oneself is a very soul-searching and life-long mission. However, along the way it is an important element in so many of life's endeavors... particularly in trading and wealth building. In this tip I will list the questions that you need to ask yourself and spend some time answering. These are listed in no particular order. Since my peak performance course is so geared toward this process you'll notice many references to it.

1) Who am I at this point in time?

This is almost a summary statement based upon your response to all of the other questions.

2) What are my strengths and what kind of trading is right for me given those strengths? What fits me?

If you ask people around you for a list of your strengths, you should get a pretty good idea what they are. They are the tasks they allow you to perform well when you undertake any sort of project.

3) What are my values? What's important to me?

The answer to this question comes from the Value Elicitation exercise in Volume Three of the home study course. This is the exercise that probably takes you several days to do (if you do it right). And it is also the exercise that most people want to skip.

4) What are my weaknesses and issues? How can I design my trading in such a way so that it minimizes those weaknesses and issues?

Once you've completed the entire home study course, you should ask yourself "what are my weaknesses." "What are the common patterns that rule my life and seem to hold me back." If you've done the entire course and really thought about yourself, you should begin to understand some of these issues and patterns.

I also recommend that you do an emotional diary in several places in the course. When you have about three months of such a diary, in which you've made a note of all of your emotional responses and the conditions in which they occur, review this diary and you'll have a good idea about your issues and weaknesses.

I also strongly recommend the book, Marriage of Spirit, by Leslie Temple-Thurston, for clearing work. In this book you are asked to do regular journaling-say two pages per day. You'll also be doing exercises with polarities, triangles, and squares. If you continue this process for at least six months, you'll have some excellent insight into your issues and you may even solve a number of them.

5) What are my hot buttons? What might happen in the market that might cause me to become emotional?

This question is similar to number four and requires the same steps that I recommend for item four.

Ultimately I recommend you attend the Peak Performance Trading Course. In that course, we'll do everything possible to help you become more aware of your hot buttons and issues.

Spend this next week answering the above questions. Take some time on it. Even those of you who don't have the peak performance materials should attempt answering these questions. Next week I will give you points 6-11 to work with.

Tip# 45
Steps To Knowing Yourself

Part Two

In Part One of this tip last week, we started the process of getting to know yourself. To recap, knowing oneself is a very soul-searching and life-long mission. However, along the way it is an important element in so many of life's endeavors...particularly in trading and wealth building. In this tip I will continue to list the questions that you need to ask yourself and spend some time answering. Did you answer the 5 questions from last week? What came up for you?

These are listed in no particular order. For those who don't have my peak performance course I recommend that you still work on these questions to the best of your ability. We will continue here with points 6-11. If you missed last week's email, click here to read part one.

6) What are my goals? What do I want to accomplish personally and how does this fit into trading?

Goals are discussed in some detail in almost every volume of the Peak Performance Course for Traders and Investors. Do all of the goal related exercises and when you are finished, you should have no problems addressing this issue.

7) Where am I now? What do I want? What are the environmental constraints that could affect my trading and how I trade?

You need to make a detailed list of all of the equipment you'll need and conditions under which you desire to trade. When you have this list, notice how your issues and hot buttons might be related to each item you bring up. This will at least give you a preliminary start toward answering this question.

8) Who are my parts and what parts most affect me when I invest or trade?

Parts are covered in Volume Three of the Home Study Course. Study that volume thoroughly and do all of the exercises related to parts. Have a "parts party" and notice all of the issues that seem to rip you into pieces or parts. Also notice the issues in your journal in which you seem quite divided. Those could easily represent your parts.

We also help you extensively with parts in the Peak Performance Trading Course. Come to that and thoroughly participate in the parts exercise.

9) How do I think? What modalities do I primarily use? What sub-modalities are critical for making decisions? How do I make decisions and is this strategy appropriate for me as a trader?

Your critical modalities and sub-modalities are covered extensively in Volume Five of the home study course. Learn this material. Especially work on the exercises related to decision making.

In addition, when you do the exercises in Volume Four, notice the sub-modalities involved in the discipline strategies that work best for you. What does that tell you about yourself?

10) How good am I with personal discipline? What strategies for changing my state work best for me? Am I willing to practice them?

For this question, you should study Volume Two of the course in detail. How are you with respect to stress and stress protection? If the scores suggest that you need work, then put a program into play that will make a difference for you.

If you have trouble following such a program, then determine why. What part of you gets in the way or what emotional state prevents you from doing well?

Next do the discipline exercises in Volume Four of the Peak Performance Home Study Course. Determine which exercises for changing your mental state work well for you and use those methods. In addition, we also cover this material in the Peak Performance Workshop. Again, notice which methods work best for you. Use the methods that work well regularly. In addition, learn to become proficient at those methods that initially do not work well. Learn to apply those methods.

11) What might stop me from following the ten tasks of trading on a regular basis? Am I organized enough to do so immediately?

The ten tasks of trading are the essence of my model for excellence, so study them well (i.e., Volume One). Once you know that material, set up a daily schedule to follow the ten tasks. When you have problems, determine why.

If addition, go through all of the material that you have studied so far in your self-awareness work. Think about how each issue might cause you not to follow the ten tasks of trading.

Feature Article:
The Positive Effects of Meditation, by Ken Long

In last week's IITM weekly e-mail (Issue #94), Marjory gave a powerful example of the effect that meditation can have on the performance of your investment system, and your personal life. Even without a great deal of experience, the practice of meditation can have profound positive impacts in many dimensions of your life. Her personal story motivated me to share some of my own insights with meditation and how it has helped me.

I am coming from a perspective of an informed layman, an active practitioner who has adapted and developed the practice of meditation for my own use, making no claims for expertise or assertions of efficacy for anyone else. If there's anything Van's teachings have helped me with, though, its a willingness to maintain an open mind, to sample and test the world around me, to shift paradigms to develop a better understanding of myself and the world, and to share things of value with others, which invariably enriches me through feedback. And so in that spirit of cooperation and sharing, here are some things I've learned along the way.

Although the word "meditation" often conjures up the image of an Asian mystical guru, in an exotic setting, with chanting and ritual, I will strip away the cultural contexts that enfold the practice and summarize the main points that I have found common in a variety of disciplines ranging from Buddhism, Christianity, Taoism, Transcendental Meditation and philosophy, and describe where I see its positive effects in my own life.

The practice of meditation affects me in a number of domains. It also has affected me at different levels, some of which occurred quickly and some which took more time to manifest.

(1) Self discipline and commitment: like any new behavior, whether it be an exercise regimen, a diet, a professional reading program, or a hobby, I found that in the beginning I had to make a conscious effort to conduct the practice. After I began to see positive results, I wanted to move this behavior from the realm of conscious intention to the realm of ingrained, unconscious habit or "unconscious competence." My technique was to schedule time daily linked in conjunction with other positive behaviors like exercise, and to keep track of my efforts in my logbook. After convincing my "status quo part" that this was a useful and valuable addition I found it easier and easier to maintain the behavior, and it became a habit. In practice, this means 20 minutes, a couple times a day that I dedicate (an important choice of words) to the maintenance of inner health, harmony and balance. Like any other positive behavior that becomes a habit, I found that the action of choosing to do this, and sticking to it daily, even when I am tired or not in the mood, reinforces and strengthens my self discipline and ability to commit to my values. I find the act of recording keeps me honest and accountable, even when it takes the form of checking a block on my monthly performance log. Since the meditation practice is a habit that concerns itself with mental activity and discipline, the reinforcement is even more compelling and dramatic. This self discipline and ability to commit to values has a positive carry over effect into the areas of my life in the same way that a regular exercise program has positive benefits in my life not directly related to working out: like stress management, inner harmony, attitude and general health.

(2) Focus and concentration: in the same way that exercise develops more capacity in the targeted muscle group, the practice of meditation, dealing with an inwardly focused mental effort, improves my ability to concentrate and focus on whatever the task at hand has my attention. The ability to focus and concentrate makes learning easier and more efficient, and improves my work and play skills. I have found that the occasional use of guided meditation tapes helps me keep the practice fresh and interesting and valuable.

(3) Development of greater insight: generally speaking, beginning meditation practices deal with learning how to "sit quietly and do nothing", to learn how to let go of the preoccupation of the constant inner noise associated with the loud stream of modern consciousness. You learn how to develop a place of inner quiet and contemplation that is aware of the ebb and flow of life around you without becoming caught up in the chase. This often takes the form of learning how to not fight the natural drifting of attention, the relapse into inner talk, and returning to the quiet place without judging yourself harshly for having drifted. You learn to acknowledge where you are and what you discovered yourself doing and then return to the state of quiet calm. Mantras, or the repetition of sounds, with either the inner or outer voice, which may or may not have additional meanings beyond the physical vibration, can help the beginner rapidly get into this state of quiet thought until it becomes second nature. It is definitely a learned and learnable skill. The next step in meditation then is to take advantage of this quiet, nonjudgmental reflective state to begin the examination of self and behavior, which leads to insight. The combination of attention to detail and the calm, nonjudgmental reflective state support the development of insight into one's self and behavior when combined with honesty and integrity. I like to envision this process as peeling back the layers of the onion as I take a behavior I want to explore and follow it back though the chain of causality and intended action to discover just what it is that generates my behaviors. I can then take a look at those triggers and the outcomes of my actions and determine if these are consistent with my stated values and decide where I want to go with my self work. In the same way that a microscope is a tool that enables a scientist to look deeply into domains inaccessible to the naked eye, I think of meditation as a tool that helps me reveal my deeper inner workings to myself. This practice then can lead to wisdom and purification, evidence of which I try to find in my life.

(4)The manifestation of loving kindness: while I value the inner work that meditation brings about, I discover that when I get up from the practice and go on to the next thing that I can bring those qualities of calmness, focus, reflection and insight, and the validation of my values into the rest of my life. I find my outward directed actions tend to be more in alignment with my inner stated goals; I am more consistent. I find myself looking for opportunities to add value in whatever it is I am doing. I am better able to deal with challenges that come from ego and possession and so forth. After all, at some point you have to get up out of the chair or off the floor or out of the lotus position (it hurts my ankles).

One of my favorite exercises in the Infinite Wealth is the short meditation exercise we do. Picture 40 people like us in a conference room, among strangers for the most part, having traveled thousands of miles, who have carved precious nonrefundable time out of our lives to learn specific behaviors, techniques attitudes and habits that will lead to Infinite Wealth. We brought pens, pencils, PDAs. We have specific objectives in mind when we arrive. We want to get down to it and learn! And there we are, sitting quietly, doing nothing, and watching/listening, herding our thoughts in silence with eyes closed. You can almost hear the conventional inner voices shouting "Hey! I am paying good money to learn some things here that will add to my bottom line! Lets get on with it and do something!". And yet it is precisely the ability to sit quietly and do nothing, to relax and go within, to live the examined life when that's the right thing to do that can lead to breakthroughs and paradigm shifts that make the reality of Infinite Wealth possible!

Another good side effect of the practice of meditation helps exercise precisely those mental skills that help me in developing, adapting and operating trading systems, namely: discipline, attention to detail, calm reflection, and insight.

I think this meditation stuff is important enough to teach my kids, and I dedicate quality time to it, and we have a blast learning and growing together as a family and as people. Anyway, that's how I see it from where I sit.

Cheers!
Ken Long

Ken Long, a Lieutenant Colonel in the U.S. Army with a Masters Degree in System Development, developed the Tortoise Method of mutual fund switching. This method takes about five minutes each week and outperforms the market indexes.

Ken is a speaker at Dr. Tharp's upcoming Infinite Wealth course. He is also a trader, a frequent daily commentator for the One Minute Trader Corp., and most importantly, a husband, dad, and a hockey player!

To learn more about his Tortoise method visit, www.tortoisecapital.com
Polygraph News
9 December 2002 "Case underscores pitfalls of voice analysis"
Staff writer Steven Mayer of the Bakersfield Californian reports. Excerpt:

When Escondido police questioned 14-year-old Michael Crowe in the days following the 1998 stabbing death of his 12-year-old sister, investigators used a Computer Voice Stress Analyzer during the interrogation.
The analyzer -- a lie detector of sorts used by an estimated 1,300 police agencies in the United States, including some in Kern County -- allegedly showed Michael was lying when he said he knew nothing about his sister's murder.

"Science is in our favor. Technology is on our side," detectives told the distraught teen-ager.

Tuesday, December 10, 2002

http://www.newyorkmetro.com/shopping/articles/02/powerdressing/lawyers/index.htm
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Zen Judaism, excerpted from David M. Bader's "Zen Judaism: For You, a
Little Enlightenment."

Be here now.
Be someplace else later.
Is that so complicated?

Though only your skin, sinews, and bones remain,
though your blood and flesh dry up and wither away,
yet shall you meditate and not stir until you have attained full
Enlightenment.
But first, a little nosh.

Accept misfortune as a blessing.
Do not wish for perfect health or a life without problems.
What would one talk about?

Let go of pride, ego, and opinions.
Admit your errors and forgive those of others.
Relinquishment will lead to calm and healing in your relationships.
If that doesn't work, try small-claims court.

There is no escaping karma.
In a previous life, you never called, you never wrote, you never
visited.
And whose fault was that?

The Torah says, "Love thy neighbour as thy self."
The Buddha says there is no "self."
So maybe you are off the hook.
If there is no self, whose arthritis is this?

Wherever you go, there you are.
Your luggage is another story.

Do not let children play contact sports like football.
These only lead to injuries and instil a violent, war-like nature.
Encourage your child to play peaceful games, like "sports doctor."

The journey of a thousand miles begins with a single 'Oy!'

Monday, December 09, 2002


Most Accountants Aren't Crooks—Why Good Audits Go Bad

HBSWK Pub. Date: Dec 9, 2002

The Sarbanes-Oxley Act sets stiff penalties for auditors and executives who commit fraud. Problem is, says Harvard Business School professor Max H. Bazerman and his collaborators, most bad audits are the result of unconscious bias, not corruption. Here's a new look at how to audit the auditors.

by Max H. Bazerman, George Loewenstein, and Don A. Moore
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Inhouse Pharmacy is able to supply products world-wide and offer a prompt and affordable service.

All orders are shipped direct to you by International Airmail.

Sunday, December 08, 2002

dietician question:

Lately I have had severe pain in my upper right quadrant, just beneath my ribcage. The pain is "rolling", "cramping", "hard" pain. The onset is almost exactly 2.5 hours after eating a normal meal. For example, a meal of white chicken breast (no skin), baked potato chunks with very little cheese sauce, kale and a root beer float for desert was finished at 7:35 PM. By 10:10 PM, the pain described above occurred. This pain lasts for about 3 to 4 hours, during which time it is always constant although of varying intensity. It seems to radiate toward my back on the same side (right). No aspirin or other commercially available painkillers have any effect. I have used some PERCOCET and this seems to do the trick.

Now. this same pain occurred four years ago. I saw a MD who suspected gallstones. I had a sonogram that showed nothing (all normal).

Question: What the heck is going on??




Well rather than playing doctor whom is not my specialty or yours, I would suggest you get a second opinion. Chest pain is not something to wait around to go away. Actually symptoms of a gallbladder attack mimic a heart attack.

Your description of food eaten, delay in pain after a meal and pain below the sternum with radiation around to the back describes common symptoms of gallstones. I would suggest that you go back to see your doctor rather that waiting out the pain. Newer tests are available to help diagnose the cause.

The above meal contains baked potato skin, cheese sauce, kale and the ice cream portion of the root beer float, which would aggravate gallstones along with large portions of any of the other foods. Until the cause of the pain if found, I would suggest you follow a low fat, low fiber diet with 20% of calories from fat,. Also, avoid foods with seeds or skins, limit whole grains, fresh fruits and vegetables to the cooked version. Also, don't overeat at meals.

Your liver produces bile, which is stored in the gallbladder until a meal. Bile is an emulsifies that pushes fat molecules apart to allow enzymes from the pancreas to break down fats prior to absorption. If you have gallstones, especially if they block the duct coming out of the gallbladder or going down to the intestinal tract, that could be the source of your pain, which will not be, relieved with aspirin or other painkillers. PERCOCET is a prescription narcotic that increases the amount of enzymes from the pancreas in the blood and probably providing you some relief. Go see and doctor.






3) Technical Play

AFCO (Applied Films--$19.52; -0.22; optionable): Semiconductors.
Company Profile
STATUS: Testing the breakout. Unlike many chips, AFCO was very stingy with its gains last week, holding solidly above the 10 day MVA on much lower, below average volume. Friday it showed a doji with a long tail right over the 10 day MVA at 18. Accumulation is positive and money flow is strong. Really like that it held onto the gains. Nice.
Volume: 118.1K Avg Volume: 175K
BUY POINT: $20.85 Volume=225K Target=$25 Stop=$18.79
POSITION: UOF DW - April $17.50c (55 delta, low OI) and/or Stock.



O’Neill is out. Necessary but disappointing.
A lot of potential, a brilliant CEO, a visionary, no politician. O’Neill was not cut out to be Treasury Secretary, at least not in the real world. He spoke his mind and was blunt; in the tap dancing act that is Washington that did not play well. He was not bothered that much with the day to day economic moves, instead looking at the big picture and several years ahead. That too did not fit D.C.; in D.C. the focus is on the next election. O’Neill saw that the economy would recover over the next two years and more, that the foundation was in place, but that was not soon enough. We did not and do not think it can reach its potential without help, and we are very happy the administration is putting that as priority focus. With O’Neill there, the mixed message just made the push through Congress harder. As one critic put it, an O’Neill press conference was like watching a child play with a loaded handgun. You just never knew what he was going to say.

He will be missed, however, in that he was a visionary of sorts, looking to improve the system so everyone could take part in the American Dream as opposed to maintaining the status quo and growing the government. One of his goals this coming year was taking on tax reform, scrapping the current system and replacing it with a national sales or usage tax or a VAT. Sure it would be a colossal struggle, but it has to start at some point, and what better point than the head of Treasury, the department that oversees the U.S. version of the SS, i.e., the IRS. Whoever takes his place (Phil Gramm, Dick Armey?), we all need to pressure him or her to maintain focus on the big picture and not only the next round of elections.
Quick Eye Exam...

This will blow your mind...!

Just do it - don't cheat!!!!!!!!!!!!

Try this its actually quite good.

But don't cheat!

Count the number of F's in the following text:

FINISHED FILES ARE THE
RESULT OF YEARS OF SCIENTIFIC
STUDY COMBINED WITH THE
EXPERIENCE OF YEARS


Managed it?

Scroll down only after you have counted them!



OK?


How many?


Three?



Wrong, there are six - no joke!

Read again!


FINISHED FILES ARE THE
RESULT OF YEARS OF SCIENTIFIC
STUDY COMBINED WITH THE
EXPERIENCE OF YEARS

The reasoning is further down...

The brain cannot process the word "OF".

Incredible or what?

Anyone who counts all six F's on the first go is a genius
Three is normal.

Saturday, December 07, 2002

Follett Software Company - Tag of the Month The Tag of the Month was created to help educate you about MARC Bibliographic and Authority formatting. We add a new topic every month, providing a description of the tag's uses and working examples. This is not intended to be an all inclusive resource. For additional information, please refer to one or more of the following:
Understanding MARC booklet online
Understanding MARC Bibliographic: Machine-Readable Cataloging

Friday, December 06, 2002

Towards taxonomy's 'glorious revolution'
05 December 2002

Nature 420, 461 (2002) © Macmillan Publishers Ltd.

Towards taxonomy's 'glorious revolution'

Sir – My commentary "Challenges for taxonomy" (Nature 417, 17–19; 2002), in which I argued for unitary, web-based taxonomies, has stimulated a lively debate. In Correspondence, K. Thiele and D. Yeates (Nature 419, 337; 2002) make the important point that, unlike stars or genes, species and other taxa are hypotheses, not facts. A taxonomic name is thus a shorthand for this hypothesis, but it is also the key that indexes all the biological information on that taxon.

I agree wholeheartedly that any unitary taxonomy must recognize this duality. That is why I suggested that while the 'current web revision' would present only a single taxonomy for the user community, any alternative hypothesis would by right be lodged on the website and possibly enter a future revision. I believe a unitary taxonomy can be authoritative without being authoritarian.

In another Correspondence, I was disappointed that the high command of London's Natural History Museum found so little merit in these ideas (S. Knapp et al., Nature 419, 559; 2002), but I fear I must have explained them poorly. I do not seek to "throw out the past mechanisms of doing systematics and begin anew in a revolutionary 'brave new world'", nor to do away with the order and stability conferred by type specimens, nor to belittle the major taxonomic web projects already in existence. I think we should tinker as little as possible with the process of taxonomy, although my proposals for the products of taxonomy are more radical. However, exploring whether they might work for one group or for a few groups is only a small, reversible step.

Taxonomy as currently practised works and we need much more of it. It is one of the triumphs of modern science. But unless it looks to its end-users and provides them with products that they will both use and actively campaign for (and I believe this can be done while maintaining the subject's core methodology), I worry deeply that it will lose out in the intense competition in the sciences for funds.

I wrote that one of the advantages of unitary taxonomies is that they are "evolutionary, not revolutionary", and so was amused to be labelled a revolutionary. But there are revolutions and revolutions, and while taxonomy does not need the 1789 French version with its ensuing reign of terror, perhaps it does need something like England's 'Glorious Revolution' of 1688.

H. C. J. Godfray
NERC Centre for Population Biology, Imperial College at Silwood Park, Ascot, Berkshire SL5 7PY, UK

This one just in from the Live-by-the-sword-Die-by-the-sword Department.


HEY! THEY COPIED MY COMPLAINT!
Firm Says Borrowing From its Filings Violates Copyright

BY MOLLY McDONOUGH

Fed up by what it considers work-product theft by "poaching firms," securities class-action titan Milberg Weiss Bershad Hynes & Lerach is taking steps to prevent unfair copying of the language in its complaints.

A lawyer for the New York-based firm has sent more than a dozen cease-and-desist letters to firms it claims copied verbatim up to 90 percent of shareholder complaints. In some instances, Milberg Weiss says it has lost the lucrative lead-plaintiff status when another firm copied a complaint as its own.

Milberg Weiss has begun copywriting its complaints and is threatening litigation if the offending firms don’t quit their copycat behavior. [She means copyrighting not copywriting.]

But legal experts wonder how far Milberg Weiss will get. In some respects, copying is integral to the legal system. Lawyers copy from form books and piggyback on government-led actions. Judges have sanctioned lawyers for plagiarism, but most of those cases involve lawyers who borrowed heavily from a published work without attribution, according to published decisions. Attorney discipline cases primarily involve new lawyers found to have plagiarized while in law school.

Within the profession, "Modeling is a common thing," says Rick Marcus, who teaches civil procedure and complex litigation at Hastings College of the Law in San Francisco. "What is not commonplace is for someone to claim copyright protection and try to enforce it with things filed in court."

Milberg Weiss says, however, that it is uniquely situated and deserving of the same protections afforded artists and authors of original work.

"These are not run-of-the-mill notice complaints," says Atlanta lawyer John C. Herman, who represents Milberg Weiss. "They are very descriptive, involving sometimes hundreds of hours of investigation."

In its shareholder action against Enron, the firm spent hundreds of hours and devoted significant manpower to investigating claims and filed a 501-page complaint. Herman wouldn’t say whether the Enron complaint was copied, but in at least one of the unnamed copycat cases, another firm swooped in and filed a claim within 24 hours, he says.

"A number of firms copied a complaint, sometimes verbatim," Herman says. The behavior, he adds, doesn’t stop at the filing. Firms post the material as their own on the Internet and then "try to defraud potential class members into thinking this is their work product and that they have the legal expertise to handle these kinds of cases."

Herman says Pennsylvania’s Schiffrin & Barroway and New York City’s Bernstein, Liebhard & Lifshitz are among the firms getting cease-and-desist letters. Neither firm returned calls for comment.

Herman says he will continue to send letters as infringements occur.

Responding to criticism that complaints can’t be copyrighted because they are public documents, Herman says no court has found that court filings are free for public use, and nothing in the Copyright Act addresses this scenario. "These complaints fall squarely in the literary copyright subject matter, in which copyright vests in the author at the time complaints are drafted," he says. This is not a question of protectability but one of fair use, Herman argues.

So how far is Milberg Weiss willing to take this? Herman says all the way. "I could foresee a multimillion-dollar-damage case put together where lead-counsel role was usurped by one of these poaching firms," he says.

Still, the issue could be addressed by a new U.S. Supreme Court rule designed to deal with this problem. Class Action Rule 23, which has been approved by the Judicial Conference but not the high court, would require judges to consider the expertise and the work lawyers have put into identifying claims before selecting lead-plaintiffs counsel in class actions.

Professor Marcus says judges should be doing that already. Where there’s a serious question about lead counsel, the judge should hold special proceedings to figure out who has done the research.

The concern is that too many judges ignore quality considerations and instead lump all applications for lead counsel together and ask who’s the cheapest. "If everybody’s complaint looks the same, then probably the judge shouldn’t stop at that point and should get better informed to make a comparison," Marcus says.

Thursday, December 05, 2002

Here is the latest from Whammo news

IS J-LO SEXIER THAN KYLIE? (NO!)
J Lo: more desirable than our Ms Minogue? Surely not, yet that’s what the latest opinion pole has found. While Kylie topped the list of desirable women in the UK and Australia, the Durex survey placed J Lo on top of the world rankings. Kylie ceratinly isn't letting it effect her sales. The success of her latest single Come Into My World is a tribute to her growing fan-base and Whammo will begin a Kylie Minogue page and newsletter soon. Make sure you click your way to the Subscribe page and follow the instructions to be a part of our Minogue mail-out.
(posted: December 3, 2002)

RUSSEL: THE COLDEST PERSON IN HOLLYWOOD?
PremiĂšre Film Threat, an online film magazine has dished out recognition for Russell Crowe’s well-publicized antics by voting him at the top of their ‘Frigid 50’ list and referring to him as ‘the coldest person in Hollywood’. Aw, come on guys, he’s just a little misunderstood and he surely can’t be the worst. Hang on. Winona Ryder is close, Richard Gere’s hardly a barrel of laughs and Barbara Striesand has been difficult for years but Russell? Yep, actually he is the worst. Even more damning than his number 1 ranking was the claim by the online mag that his behaviour ‘easily cost him an Oscar for A Beautiful Mind’. Ouch. Hopefully his film career will pick up soon; otherwise he might put out another album!
(posted: December 3, 2002)

DANNI DENIES ACCUSATIONS
Dannii Minogue is in plenty of hot water over her comments in an interview with GQ magazine. According to the junior Minogue, her statements about Asian residents of Queensland was mis-quoted and lets face it, it wouldn’t be the first time an artist’s words were twisted to make an entertaining story (especially in the UK!). Now Dannii’s suddenly become the pin-up girl for right-wing political factions including the British National Party who have taken liberties by including Dannii on their web-site. It’s not the best publicity Minogue could have hoped for at the time of a major single release: Put The Needle On It. Coming from Melbourne, one of Australia’s most multi-cultural population centers, Minogue has been appalled by the media who have labeled her as a racist and is considering legal action.
(posted: December 3, 2002)

IMBRUGLIA: THERE'S NO PLACE LIKE HOME
It looks as though Natalie Imbruglia may be giving up her jet-set lifestyle in favour of the homely pleasures in life; boyfriend, family, pet. After several years in the UK Imbruglia was happy to be back in Oz and confirmed her intentions to make Australia home once again. Natalie will play her first major shows in Australia as part of the massive Rumba Festival, which will tour Australia this month. With Silverchair on the verge of a national tour it seems her support of boyfriend Daniel Johns has paid some dividends and Natalie still maintains that being with her beau is her number one priority.
(posted: December 3, 2002)
Carl Jung speaks on Christian symbol and psychotherapy:

The Trinity


When I set about to discuss the Trinity, that central Christian symbol, from the psychological perspective, I do so with the awareness that I am entering an area seemingly far removed from psychology. In my opinion though, religions, with all that they are and express, are so closely connected to the human soul that psychology least of all may disregard them. A notion like the Trinity belongs so much to the realm of theology that today, of the secular disciplines, history at most deals with it. People have even largely stopped thinking about dogma and specifically about a concept like the Trinity, which is so difficult to picture. There are actually very few Christians any more--not to mention the educated public in general--who seriously think about the meaning of the dogma and consider this concept a possible object of reflection.
Erotic Transference and Countertransference:"A View from the Bridge: Where Do We Go from Here"
Inter-Regional Society of Jungian Analysts
Boulder, Colorado, October 18-21, 2000

Erotic Transference and Countertransference:

Issues of Ethics and Soul

Nancy Qualls-Corbett


Like a shade this topic haunts us. The more we try to deny or repress it, a shadowy cloak surrounds us. Or conversely, not unlike the Inquisition, witch hunts or a modern day Kenneth Starr investigation, our conscious righteous indignation rigidly controls the letter of the law--not the spirit of the law--and the unconscious grows darker. In our profession life, as well as our non-profession life, the psychological process of erotic transference and countertransference is ever present guiding or manipulating not only our lives but those others for whom we have sensuous feelings. And thank God that these emotions are there! These emotions are indicators that an aspect of the unconscious in analysand and analyst alike have been touched and that there is an analytical bond. Jung in his lengthy first meeting with Freud writes that Freud "asked him what he thought of the transference [phenomenon]. [Jung] responded with deep conviction, 'that it is the alpha and omega of the analytic method.' whereon Freud responded, 'Then you have grasped the main thing.'" (1) Regardless of how uncomfortable our feelings may be when dealing with transference/countertransference issues, we cannot discount their importance. How we deal with these enlivened stirrings deep within, how we consciously choose to act or unconsciously react to the quickening or the thrilling power of erotic sensations is that which I wish to address this morning. First I would like to recount some of what Jung and others wrote about this issue, and second, recall some myths which may amplify a destructive outcome of an erotic transference and countertransference. In closing I will present other myths and stories which hopefully indicate a positive resolution.

Wednesday, December 04, 2002

Internet librarian international 2001 Olympia, London
oldfox's Xanga Site
Weblogs Compendium - Tools
What is Conversant? Extending Conversant
Conversant will improve your organization's communications systems and will make web site management a breeze... but that's just the beginning! Conversant has a very deep and rich plugin system for adding features of all kinds, allowing it to provide powerful solutions for almost any kind of internet application! Conversant's flexibility can be applied to:
managing an online catalog
eCommerce
contact tracking
distance learning (online training)
any task that combines information management, presentation, and delivery
raelity bytes The design philosophy underpinning Blosxom is a focus on the nexus of simplicity, usability, and interoperability. Blogging should be as simple as typing away in your text editor of choice and hitting Save. Blogging should be as intuitive and second nature as working with files and directories. A blogging system should be extensible without requiring much in the way of specific know-how; it should interoperate with and make full use of all the operating system and Web server beneath its feet have to offer.
Blogging Tools and Knowledge Management As knowledge management grows in importance, organizations will needs tools that make it easy to share, discover, and organize the knowledge they seek to manage. The blog (aka weblog) community has developed tools that can be applied to knowledge management. Based on the original web theme of personal publishing, blogs encourage individuals to record their experience (and expertise) and share them with others. The use of syndication/subscriptions allows others to stay informed of an individual's writings. Organizational approaches are also being developed to allow individuals to categorize their writings to address specific audiences.
Resources Section: Selecting Blogging Tools Here are some resources on choosing blogging tools:
BlogComp: Blog Tool Feature Comparison Table BlogComp: Blog Tool Feature Comparison - *new & improved*
BLOGGER - How to create a BlogThis! bookmarklet How to create a BlogThis! bookmarklet
by jack saturn, 8.1.00
In the early days of Blogger, many users wished they had a simple way to blog a link to a particular site without having to go to the Blogger website, select a blog and post there. For this purpose, the BlogThis! bookmarklet was created.
Rebescca's history of weblogs.