,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!
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

Welcome to TinyURL!
Are you sick of posting URLs in emails only to have it break when sent causing the recipient to have to cut and paste it back together? Then you've come to the right place. By entering in a URL in the text field below, we will create a tiny URL that will not break in email postings and never expires.

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Thursday, December 26, 2002

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

International Antiaging Systems
Les Autelets Suite A
Sark GY9 0SF
Channel Islands
Great Britain
Q. Is it legal to purchase medicines by mail?
Most countries allow the importation of medicines for personal use but each person must check the laws for his country.
We do not require a prescription.
US citizens can legally import a 3 month supply of medicines for personal use under FDA policy signed July 20, 1988.
(also see IAS terms and conditions).

Q. Is a prescription required?
We do not require a prescription (except for countries in the European Union). If wish, you may fax us a prescription and we will include a copy with your package. This should prevent any problem/delay from customs should they inspect your package.

Q. Can I get other products not listed on the website?
No. If the product is not listed on our website, we don't carry it.

Q. Do you ship to the United States?
We ship to every country except to the United Kingdom.

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


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
Integrating magazine article listing feeds and full-text search engine services from MagPortal.com into your website can:
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
Using the Collar Trade (Hedge Wrappers)
********** ********** ********** ********** **********

EXAMPLE of a Collar (Hedge Wrapper):

Stock price is: $25
You SELL a CALL option at a Strike Price of 30
You BUY a PUT option at a Strike Price of 20

- The $25 stock is now "collared" on the top at $30
- The $25 stock is now "collared" on the bottom at $20

Our "Hedge Wrapper" data section on our premium options data
site (http://www.CallsAndPuts.com) is one of our most popular
data pages. A Hedge Wrapper is also known as a "Collar", because
you "collar" the options around the stock, thereby limiting the
downside risk (but also limiting the upside gains). This option
construction is truly a "wrapper" or "collar" around the stock.

We are often on the lookout for well written educational information
that would benefit and help educate our Newsletter readers. We
were happy to find one of the best articles on this topic of Collars
recently on the education site of the option software vendor, OptionVue.

In an article dated 11/26/2002, Jim Graham of OptionVue Research
describes in detail the "collar" play. Following is the link
directly to the article. And below, we've highlighted some of
the key sections from the article. We'd encourage you to visit
their site and read the article in its entirety:


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".


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.


Nobody Loves You When You’re Down


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

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.

Constitutional Law
Tax-free speech?
Giant Fort Lauderdale software maker Citrix sues state, says First Amendment bans taxing information companies

December 18, 2002 By: Julie Kay

Image: Boca Raton lawyer
Allen Libow

One of Florida's largest public companies has filed a lawsuit against the Florida Department of Revenue invoking a unique legal theory that it should be exempt from paying taxes because it is protected under the First Amendment of the U.S. Constitution.

Fort Lauderdale-based Citrix Systems, a manufacturer of computer software, is seeking a refund of about $5 million in state corporate income taxes that it paid over the last five years.

Citrix is relying on an unusual legal theory - that all companies acting as purveyors of information and facilitators of communications, including newspapers, TV stations, telephone companies and computer companies, are constitutionally exempt from paying taxes of any kind. That, according to Citrix, includes both the federal and state income taxes corporations pay and the state sales tax that customers pay every time they buy a newspaper, magazine or computer.

The class-action lawsuit, filed last week in Broward Circuit Court, has surprised and amused tax watch groups, law professors, tax attorneys and the Department of Revenue, whose spokesman responded to questions about the lawsuit with peals of laughter.

But the action, filed by a publicly traded company that posted $378.7 million in revenues for the nine months ended Sept. 30, should not be dismissed too quickly as the latest in a long line of wacky attempts to argue that the government has no constitutional right to levy taxes, experts said.

It was filed by Boca Raton tax lawyer Allen Libow, who said he has won previous lawsuits against the Department of Revenue, including one brought by a Boca Raton magazine that recently was affirmed by the 4th District Court of Appeal.

"This is a very substantial corporation in Florida, with substantial assets," said Dominic Calabro, executive director of the Tallahassee-based TaxWatch, a taxpayer group. "Obviously, they feel serious enough to file this. I'm surprised. It's a very interesting argument they're making."

Bob Jarvis, a law professor at Nova Southeastern University, said he also was surprised that a large company like Citrix would file such a lawsuit. "Usually it's the crackpots," he said. Still, he predicted the lawsuit would go nowhere: "This doesn't even pass the laugh test. The government would go out of business and we would have anarchy if people didn't pay taxes."

In the suit, Citrix is seeking to make all of its computer software customers plaintiffs in the potential class action. Those customers include 499 of the Fortune 500 companies.

'Whole thing is wrong'

The lawsuit grows out of a dispute between Citrix and the state tax agency that began several years ago when the Department of Revenue started auditing the company. Citrix sought a $90,000 refund because it felt it was entitled to an exemption for research and development costs. The tax agency disagreed. Citrix filed a protest, and was denied.

Deciding that the state was "dead wrong" in its decision, David Carls, manager of corporate taxes for Citrix, said the company started examining its entire tax liability. Carls and Libow, a partner at Libow & Muskat who is the company's outside tax lawyer, decided that Citrix should pay no state or federal taxes, neither income or sales taxes.

"We decided the whole thing is wrong," Carls said. "The government is practicing discrimination in how it taxes various entities. I think this is something whose time has come."

On Dec. 9, with the approval of its top executives - but without a vote by the board of directors - Citrix took a step that anti-tax libertarians would applaud. It sued the state tax agency, seeking a refund of some $5 million - all the state corporate income tax it paid between 1996 and 2001, the audited period. Citrix paid Libow between $40,000 and $60,000 to file the lawsuit. The rest of the case will be on a contingency basis.

The case has been assigned to Judge Robert Lance Andrews. Citrix is in the process of notifying all its vendors and customers that they are going to be part of a class action against the Department of Revenue and may opt out if they wish.

'Chilling effect'

The reason purveyors of information are exempt from taxation, according to the suit, is that taxes have a chilling affect on the First Amendment right to free speech under the U.S. Constitution.

"By assessing and collecting Florida income and emergency excise tax," states the lawsuit, "the DOR is restricting the freedom to circulate this information, in direct violation of established United States and Florida constitutional principles, as said tax scheme is discriminatory on its face between not only similarly situated speakers, but to the recipients of such speech, as well."

Added Carls: "The framers of the Constitution did not have in mind that free speech should be taxed. If you really think about it, economic restriction is equivalent to forcible restriction. When CBS or CNN buys a camera for the studio, for every 10 cameras they buy they could have bought an 11th if they didn't have to pay taxes."

Various groups over the years have tried to claim that the government has no constitutional right to levy taxes. Last year, the We the People Foundation, a tax-exempt educational charity based in Queensbury, N.Y., launched an advertising campaign to make its case that the 16th Amendment, allowing income taxes, was fraudulently adopted.

The courts repeatedly have rejected such theories. Three years ago, Congress increased the penalties for making such arguments against the tax laws in court to $25,000, up from $5,000. But such challenges continue. Around the country, various individuals sell tax-evasion schemes, and leaders of militia and "patriot" organizations, as well as business owners, have stopped withholding taxes from their workers' paychecks.

One prominent tax lawyer who did not want to be identified called it foolhardy for Citrix to take this legal tack. He said Citrix should have sued just to recoup its $90,000 refund, not on the larger issue.

"When you deal with the DOR, you play it by the book," said the lawyer. "Somebody convinced Citrix to go along with this." He noted that a major convenience store chain sued the Department of Revenue in the early 1980s and wound up facing criminal charges for allegedly withholding taxes.

While he calls the First Amendment issue "an interesting question of law that we will follow," Calabro of TaxWatch said the real test of whether a tax is constitutional is whether it is applied across the board, in a fair and even-handed manner. Since media and information companies are not charged a special tax, the Department of Revenue appears to be fair in its treatment of them, he said.

The agency "reviewed the issues raised by [Citrix] and finds them not to be meritorious," said agency spokesman Dave Bruns with a laugh. "We're looking forward to our day in court."

Bruns said "the constitutionality of income tax is well-settled law that has been in place for many years. There have been challenges in other states and with the federal government, but rarely by software producers. Usually they are by taxpayer protest groups."

When informed that the Department of Revenue spokesman laughed about the lawsuit, Libow responded, "We'll see how funny this is when it winds up in court." He noted the case is before Judge Andrews, an unpredictable jurist who has taken on government in the past and made controversial rulings.

Libow previously has sued the Department of Revenue successfully, though on much narrower grounds. He was victorious in a lawsuit he brought on behalf of Soap Opera Magazine, which is owned by Boca Raton-based American Media. The department wanted to tax photos the magazine bought from free-lancers, but did not similarly tax newspapers, such as its sister paper, the Weekly World News. Libow sued for discriminatory practices, among other grounds, and won the suit. It was affirmed by the 4th DCA.

Miami Herald said no

Libow said Citrix's customers may opt out of the lawsuit if they wish, but are automatically included if class certification is granted. He said he likely will expand the lawsuit to name the Internal Revenue Service as a defendant - but first wants to gain support from other tech companies in Silicon Valley. "Citrix doesn't want to be singled out," he said. "They don't want this to be seen as big business trying to save money."

Libow has also been contacting newspapers and magazines around the country to solicit their participation in the lawsuit. He met with officials of the Miami Herald to discuss the matter, but the Herald ultimately decided not to join in, said Herald general manager Jesus Diaz, who declined to say why.

American Media was also contacted by Libow. But the company declined to comment on the issue.

Carl said his company is not afraid of taking on the state Revenue Department. "They've got all the power in the world to audit you," he said. "I hope they're not picking and choosing who they're going to audit by these things. The bottom line is, the Department of Revenue has been less than fair to us."

Will Citrix drop its lawsuit if the DOR simply capitulates and gives the company the requested $90,000 refund? "No way," said Libow, insisting that the lawsuit is not a negotiating ploy. "This is going all the way. I'm sure it will end up in the U.S. Supreme Court. This is a very, very serious matter."

Julie Kay can be reached at jkay@floridabiz.com or at (954) 468-2622.
[(c) by and from the Miami Daily Busines Review]
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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


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

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
An Online Skiptracing & Legal Research Platform
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
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.

Sunday, December 15, 2002

Kylie a minder to wild Kelly

Pop princess ... Kylie
Click pic to enlarge

HERE’S KYLIE leaving crowds spellbound by her sexy outfits on the latest leg of her Jingle Ball tour.

The pop princess wore sparkly genie-style pants and a tight black top that revealed plenty of flesh at her New York gig on Thursday night.

Kylie has teamed up with wild telly star KELLY OSBOURNE on the Jingle Ball 2002 tour of America and the two have become the best of friends.

One music insider said: “Kylie has quickly become a kind of mother figure to Kelly and has even been telling her off for her foulmouthed outbursts.

“She thinks Kelly is very funny. They have the same sense of humour and interests. They went shopping together on Thursday and hang out together after each show.”

Kelly’s mum SHARON has invited Kylie to dinner at the Osbournes’ LA mansion.

The insider said: “Sharon is thrilled the two have hit it off and hopes Kylie will be a positive influence. She rang Kylie to invite her for dinner.”

Saturday, December 14, 2002

Discovery a new Kylie fan site.
Dancefloor - Tune In To The Kylie Rhythm
Quite a major update we have this time.
NEWS section has been updated with some 10 pictures from the 2 radio shows performances of Kylie in the states, and with details about the performances in general.
Also, what's Kylie up to with her promotional-tour in the states, some charts positions of Come Into My World in the US and a very upseting story by Nelly.
There's also a report of LiMBO you might be interested to hear about a special French release... hmmmm!
SPECIALS section has been also updated with 3 new stunning wallpapers!!! Click on the picture on the right to got to specials or use the bar.
Bad review embedded in the NY Daily News. Obviously the guy is a schmuck saying Kylie mimed to prerecorded tracks. Anyone remotely familiar knows that Kylie doesn't mime. She had her full band. She did five songs directly from her recent three continent tour (what, 50 shows?) and this josher thinks she mimed.
I put my two cents into their forum.
Kylie made her live debut in the US last night [Wed. 12/11/02]at Kiss-108's Jingle Ball at the Tsongas Arena in Boston. SayHeyer BostonBoyChris gives us the lowdown. Plus another exclusive French release. [this reports is posted on LiMBO]

Boston Gig Review

by BostonBoyChris (From SayHey)

She was AMAZING! I had great seats-- 15th row floor and was in the center so I could see her dead on! Kylie had the band, and the girls, and the usual dancers and sang live. When the DJ Introduced her he mentioned that even though she was world famous, was the biggest selling artist in Australia and England at present, it was her first performance with a live band in the USA EVER! So he encouraged the audience to give her a warm welcome to show how great American audiences are... I obliged by yelling and screaming as much as I could!

Kylie in white in Boston-first live US show!Kylie's act opened the same way her Fever Tour did - without the Sound of Music part (straight into Come Into My World) - the dancers were on stage with Silvanemis-esque costumes on doing the same dance moves. Kylie appears dancing from stage right after the intro music and she looks fantastic this evening - great outfit, great hair, great make-up. And her voice! Sounded totally on tonight! Clear, crisp, well-projected, all notes right on! (a polar opposite to Kelly Osbourne lol). I actually expected her to be even more tiny than she was, I guess I had built that up too much in my mind after hearing about how small she is all these years. Come Into My World was the same as the Fever Tour, same arrangement, dance moves, etc.

The second song was Love at First Sight -- which is what I expected at that point. Basically, it was the same as Fever Tour again (only skipping Shocked). She even says "Good evening Massachusetts in the same place!" Same dance moves, etc. I think the audience around me was quite impressed that I seemed to know the whole show by heart at that point!! Little did they know that that was because I had seen it many times before on DVD! LOL! ;-)

The third song was the fever tour version of the Locomotion! She prefaced it by saying "Some of you may be old enough to remember my first hit in the USA - The Locomotion!" The crowd did react at that point, and I think the new version went over quite well here! I was surprised that the male dancers came out in the same Fever Tour outfits, I thought those might be a bit too fay for the USA, but Kylie went for it. Again, Kylie's vocals were dead on, and the dance moves were the same. Obvoiusly, she's had a lot of practice with this set.

The next song continued like Fever - it was the In Your Eyes/Please Stay/Rhythm medley. Again, she kept the same dance moves, I was surprised she kept the part with the 2 guys dancing together, but she did! She also said during this part - "It's Cold Outside, But It's Warm in here! Feels like Australia!"

The 5th and final song of the set was obviously Can't Get You Out Of My Head, and the crowd did sing along with her even before she asked, so I was thrilled! I hope Kylie was pleased with the audience reaction, because it really was quite good. People were definitely getting into it by this last song, I think she really won some people over. This time the dancers wore the bucket-head costumes from the video and did the video dance, the music was the arrangement from the tour again. At the end, she thanked everyone, wished a Merry Christmas, but, she did not say "Love To You All!" as I'd hoped :-( oh well, maybe next time. I think there will be a next time because I think this really went over well and she seemed to have a great time!

Thanks to Chris. If you have a review or photos please send them here.

A few upcoming appearances for Kylie while in the US:

13th December - Good Morning America (ABC) (check local listing)
13th December - Extra (Syndicated) (check local listing)
15th December - Miami, FL - America Airlines Arena - Y100
18th December - TRL (MTV) (check local listing)
18th December - Madison Square Garden - WKTU
19th December - Anaheim, CA - Arrowhead Pond - KIIS 102.7
20th December - The Tonight Show with Jay Leno (NBC) (check local listing)
21st December - Tacoma, WA - Tacoma Dome - KISS 106.1

Other news: A message from our friend Laurent from kyliemusic.com today: "Just a short note to let you know that EMI France is finally releasing on Tuesday 28 January 2003 the single CD (2 tracks) of Come Into My World with a French only edit remix by joachim garraud who already worked on the LAFS French remixes." Thanks to Laurent

VH1.com : Shows : VH1's 20 Women Who Rock : Show

20Vanessa Carlton
19Dixie Chicks
18Christina Aguilera
17Norah Jones
16Kylie Minogue
15Beyonce & Kelly Rowland
14Kelly Clarkson
12Eve with Alicia Keys
11Jennifer Lopez
10Faith Hill
9Mary J. Blige
8Shania Twain
6Michelle Branch
5Sheryl Crow
4Avril Lavigne
2Gwen Stefani

Series Main Page: VH1's 20 Women Who Rock

All VH1 Shows

The Best Albums of 2002

3. Kylie Minogue, Fever (Capitol)
With a video presence reinforcing the icy angularity of her future-pop drive, Kylie Minogue managed to make "Can't Get You Out Of My Head" the third-best of Fever's first three songs. That's no small feat, but there's nothing small about the forthrightness of "More More More" or the Basement Jaxx-style bang of "Love At First Sight." Fever grabs hold early and never lets go, and Minogue's grip couldn't slip even if she wanted it to.

Friday, December 13, 2002

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These Helpful Hints Will Help You Celebrate While You Work


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
Court Committee: Courts Should Allow Citing Unpublished Opinions


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.

Thursday, December 12, 2002

VH1.com : : Kylie Minogue : Artist Main
Are you at risk? Take a self-test
I lie about what I eat.
I don't like to be bothered or interrupted when I'm eating.
If I were thinner, I would like myself better.
I like to read recipes, cookbooks, calorie charts, and books about dieting and exercise.
I tend to be depressed and irritable.
I am hardly ever satisfied with myself.
I want to be thinner than my friends.
I have said or thought, "I would rather die than be fat."
and more
Ask: "Is doing what you are doing really working to get you what you want?"

Avoid power struggles. You will lose.
Never criticize or shame. These tactics are cruel, and the person will withdraw.
Don't pry. Respect privacy.
Don't try to control. The person will withdraw and ultimately outwit you.
Don't expect the person to follow your advice even if s/he asked for it.
Don't let the person always decide when, what and where you will eat. She should not control everything, every time.
People with eating disorders aren't crazy, irrational, stupid, or dumb. Even if they can't, or won't, express themselves directly, they want to feel better about themselves. They also want to accomplish something, or get something, or avoid something, and because they don't know how to do so in forthright ways, or because they are too frightened or inexperienced to know how to attack their problems directly, they resort to working symbolically via food, weight, and eating. In addition, even though they want us to think they are strong and can handle anything, folks who use food and diets to try to work out other problems are emotionally fragile and easily hurt.

Confrontation and nagging create power struggles. You want the person to do things your way. S/he does not want to be manipulated or controlled. Even when you are right, your approach invites the person to rebel and stubbornly resist taking your good advice. As one person put it, "Even though I'm healthier now, I feel like I've lost and you've won. I hate it!"
Night eating syndrome

Oh, boy. That's me.
What causes eating disorders?

Temperament seems to be, at least in part, genetically determined. Some personality types (obsessive-compulsive and sensitive-avoidant, for example) are more vulnerable to eating disorders than others. New research suggests that abnormal levels of brain chemicals predispose some people to anxiety, perfectionism, and obsessive-compulsive thoughts and behaviors. These people seem to have more than their share of eating disorders.

People with eating disorders tend to be perfectionistic. They have unrealistic expectations of themselves and others. In spite of their many achievements, they feel inadequate, defective, and worthless. In addition, they see the world as black and white, no shades of gray. Everything is either good or bad, a success or a failure, fat or thin. If fat is bad and thin is good, then thinner is better, and thinnest is best -- even if thinnest is sixty-eight pounds in a hospital bed on life support.

Some people with eating disorders use the behaviors to avoid sexuality. Others use them to try to take control of themselves and their lives. They are strong, usually winning the power struggles they find themselves in, but inside they feel weak, powerless, victimized, defeated, and resentful.

People with eating disorders often lack a sense of identity. They try to define themselves by manufacturing a socially approved and admired exterior. They have answered the existential question, "Who am I?" by symbolically saying "I am, or I am trying to be, thin. Therefore, I matter."

People with eating disorders often are legitimately angry, but because they seek approval and fear criticism, they do not know how to express their anger in healthy ways. They turn it against themselves by starving or stuffing.

Family factors
Some people with eating disorders say they feel smothered in overprotective families. Others feel abandoned, misunderstood, and alone. Parents who overvalue physical appearance can unwittingly contribute to an eating disorder. So can those who make critical comments, even in jest, about their children's bodies.

These families tend to be overprotective, rigid, and ineffective at resolving conflict. Sometimes mothers are emotionally cool while fathers are physically or emotionally absent. At the same time, there are high expectations of achievement and success. Children learn not to disclose doubts, fears, anxieties, and imperfections. Instead they try to solve their problems by manipulating weight and food.

People vulnerable to eating disorders also, in most cases, are experiencing relationship problems, loneliness in particular. Some may be withdrawn with only superficial or conflicted connections to other people. Others may seem to be living exciting lives filled with friends and social activities, but later they will confess that they did not feel they really fit in, that no one seemed to really understand them, and that they had no true friends or confidants with whom they could share thoughts, feelings, doubts, insecurities, fears, hopes, ambitions, and so forth. Often they desperately want healthy connections to others but fear criticism and rejection if their perceived flaws and shortcomings become known.

If people are vulnerable to eating disorders, sometimes all it takes to put the ball in motion is a trigger event that they do not know how to handle. A trigger could be something as seemingly innocuous as teasing or as devastating as rape or incest.

Triggers often happen at times of transition, shock, or loss where increased demands are made on people who already are unsure of their ability to meet expectations. Such triggers might include puberty starting a new school, beginning a new job, death, divorce, marriage, family problems, breakup of an important relationship, critical comments from someone important, graduation into a chaotic, competitive world, and so forth.

There is some evidence to suggest that girls who achieve sexual maturity ahead of peers, with the associated development of breasts, hips, and other physical signs of womanhood, are at increased risk of becoming eating disordered. They may wrongly interpret their new curves as "being fat" and feel uncomfortable because they no longer look like peers who still have childish bodies.

Wanting to take control and fix things, but not really knowing how, and under the influence of a culture that equates success and happiness with thinness, the person tackles her/his body instead of the problem at hand. Dieting, bingeing, purging, exercising, and other strange behaviors are not random craziness. They are heroic, but misguided and ineffective, attempts to take charge in a world that seems overwhelming.

Eating disorders warning signs

Because everyone today seems concerned about weight, and because most people diet at least once in a while, it is hard to tell what is normal behavior and what is a problem that may escalate to threaten life and happiness. No one person will show all of the characteristics listed below, but people with eating disorders will manifest several.

In addition, the early stages of an eating disorder can be difficult to define. When does normative dieting become a health and emotional problem? When does weight loss cross the line and become pathological? Answering these questions is hard, especially when the person has not yet lost enough weight to qualify for a clinical diagnosis. Nevertheless, the questions are important. The sooner an eating disorder is treated, the easier it is for the person to recover. If warning signs and symptoms are allowed to persist until they become entrenched behaviors, the person may struggle for years before s/he can turn matters around.

Thoughts and beliefs
In spite of average or above-average intelligence, the person thinks in magical and simplistic ways, for example, "If I am thinner, I will feel better about myself." S/he loses the ability to think logically, evaluate reality objectively, and admit and correct undesirable consequences of choices and actions.

Becomes irrational and denies that anything is wrong. Argues with people who try to help, and then withdraws, sulks, or throws a tantrum. Wanting to be special, s/he becomes competitive. Strives to be the best, the smallest, the thinnest, and so forth.

Has trouble concentrating. Obsesses about food and weight and holds to rigid, perfectionistic standards for self and others.

Is envious of thin people in general and thinner people in particular. Seeks to emulate them.

Note: Not all, but a subset of people with eating disorders think they do not deserve to eat or enjoy tasty food. They starve, stuff, or purge in deliberate attempts to punish themselves. They may also cut their flesh or otherwise hurt themselves. Some want to become increasingly debilitated, even suffer the indignities of tube feedings and IVs, and eventually weaken and die. They see this not as a cry for help or attention, or an attempt to control their lives, but as well-deserved punishment for misperceived flaws and misdeeds. Their extreme self-hatred must be dealt with in therapy if they are to recover.

Has trouble talking about feelings, especially anger. Denies anger, saying something like, "Everything is OK. I am just tired and stressed." Escapes stress by turning to binge food, exercise, or anorexic rituals.

Becomes moody, irritable, cross, snappish, and touchy. Responds to confrontation and even low-intensity interactions with tears, tantrums, or withdrawal. Feels s/he does not fit in and therefore avoids friends and activities. Withdraws into self and feelings, becoming socially isolated.

Feels inadequate, fearful of not measuring up. Frequently experiences depression, anxiety, guilt, loneliness, and at times overwhelming emptiness, meaninglessness, hopelessness, and despair.

Social behaviors
Tries to please everyone and withdraws when this is not possible. Tries to take care of others when s/he is the person who needs care. May present self as needy and dependent or conversely as fiercely independent and rejecting of all attempts to help. Anorexics tend to avoid sexual activity. Bulimics may engage in casual or even promiscuous sex.

Person tries to control what and where the family eats. To the dismay of others, s/he consistently selects low-fat, low-sugar non-threatening -- and unappealing -- foods and restaurants that provide these "safe" items.

Relationships tend to be either superficial or dependent. Person craves true intimacy but at the same time is terrified of it. As in all other areas of life, anorexics tend to be rigidly controlling while bulimics have problems with lack of impulse control that can lead to rash and regrettable decisions about sex, money, stealing, commitments, careers, and all forms of social risk taking.

Anorexia Nervosa

Psychological Complications

Most people who develop anorexia nervosa begin with a diet, believing that weight loss would lead to improved self-confidence, self-respect, and self-esteem. The cruel reality is that anorexia nervosa has the opposite effect. Individuals who suffer from anorexia typically struggle with one or more of the following complication:
Can lead to suicide
Person feels out of control and helpless to do anything about their problems
Suspects others of wanting to interfere
Terrified of discovery
Obsessive thoughts and preoccupations
Compulsive behaviors
Rituals dictate most activites
Low self-esteem
Feelings of guilt

Warning Signs

Food Behaviors
Person skips meals
Takes only tiny portions
Will not eat in front of other people
Preoccupation with food, calories, fat content and nutrition
- Grocery shops and cooks for the entire household, but will not eat the tasty means
- Boasts about how healthy the meals they consume are
- Drastically reduces or completely eliminates fat intake
- Reads food labels religiously

Appearance and Body Image Behaviors
Excessive facial/body hair
Being sensitive to coldness
Absent or irregular menstruation
Fainting spells
- Weakness or exhaustion
- Dry brittle skin
- Hair loss
- Shortness of breath
- Periods of hyperactivity
- Constipation
- Wears baggy clothes
>To hide emaciation
>To stay warm
- Obsesses about clothing size
- Complains about being fat even though others truthfully say they are not
>They will not believe them

Exercise Behaviors
Exercises excessively and compulsively
- May tire easily
- As time passes, athletic performance suffers

Thoughts and Feelings
A persistent fear of gaining weight
Depression, anxiety
Has trouble talking about feelings
Becomes moody and irritable
- Responds to confrontation with tears, tantrums, or

Feels they do not fit in
- Avoids friends and activities
Withdrawals into self and feelings
- Becomes socially isolated

If not stopped, anorexia nervosa can lead to irreversible physical damage and even death. Anorexia nervosa can affect every cell, tissue, and organ in the body.
Medical Complications

Psychological Factors
Low self esteem
>To be a perfectionist
>Set unobtainable standards for oneself

Depression, anxiety, anger, emptiness or loneliness
>Of lack of control in life
>Of inadequacy

Social-cultural Factors
Culture Pressures
Place extreme value on "thinness" and obtaining the perfect body
Cultural Norms
Place emphasis on physical appearance and not one's inner strengths and qualities
Definitions of Beauty
Extremely narrow and include only women and men of specific body weights and shapes
Persistent and pervasive media messages Encourage dieting

Interpersonal Factors
Difficultly expressing ones feelings and emotions
History of being ridiculed based on size or weight
History of sexual and or physical abuse
Family Factors
> Obesity
Parent preoccupation with eating and weight
Unrealistic expectation for achievement

Biological and Biochemical
Researchers are still examining these types of causes
Some anorexics have an imbalance in certain chemicals in the brain that control:

Wednesday, December 11, 2002

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


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


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

Listening in....

Excerpts from Dr. Tharp's Discussion Forum.

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?
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.

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

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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
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
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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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.