Terry, Check out this link.http://www.tradersnotebook.com/
from BXK 007
OldFox.info is a personal Knowledge Management blog for comment, criticism, parody, research, reference, text-searchable, personal clipboard. Comments, suggestions, contributions are invited. email: oldfox-at-gmail.com
Saturday, July 26, 2003
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
FREEPINT BAR
In Association with Factiva
a Dow Jones & Reuters Company
Spam seems to have been the topic du jour every day at the FreePint
Bar for a while now. Posters have been wanting to get their
definitions sorted out; defining exactly when commercial email is
unsolicitied <http://www.freepint.com/go/b22997>. After you've
sorted our your 'definitions', you need to address the 'ethics'
of mass mailings <http://www.freepint.com/go/b22544>.
If you're not an instigator but a receiver of spam, then maybe you
should check out the various anti-spamming software and tactics used
by FreePinters <http://www.freepint.com/go/b21850>.
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The FreePint Bar is a fantastic free resource where members help each
other with information-related queries <http://www.freepint.com/bar>.
Help for students on information-related courses is available at the
FreePint Student Bar <http://www.freepint.com/student>.
To sit back and let the postings come to you, sign up for the
twice-weekly email digest <http://www.freepint.com/member>.
FREEPINT BAR
In Association with Factiva
a Dow Jones & Reuters Company
Spam seems to have been the topic du jour every day at the FreePint
Bar for a while now. Posters have been wanting to get their
definitions sorted out; defining exactly when commercial email is
unsolicitied <http://www.freepint.com/go/b22997>. After you've
sorted our your 'definitions', you need to address the 'ethics'
of mass mailings <http://www.freepint.com/go/b22544>.
If you're not an instigator but a receiver of spam, then maybe you
should check out the various anti-spamming software and tactics used
by FreePinters <http://www.freepint.com/go/b21850>.
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The FreePint Bar is a fantastic free resource where members help each
other with information-related queries <http://www.freepint.com/bar>.
Help for students on information-related courses is available at the
FreePint Student Bar <http://www.freepint.com/student>.
To sit back and let the postings come to you, sign up for the
twice-weekly email digest <http://www.freepint.com/member>.
MY FAVOURITE TIPPLES
By Emma Finney
* If I need music at work I listen to last night's John Peel radio
show from Radio 1 <http://www.bbc.co.uk/radio1/audiovideo/>.
* RDN have developed subject-based tutorials which are perfect for
getting to grips with an unfamiliar subject
<http://www.vts.rdn.ac.uk/>.
* Publist has listings of over 150,000 print and electronic journals
which can be useful for tracking small press publications
<http://www.publist.com>.
* University of Wolverhampton's UK map has direct links to
all Universities and FE colleges
<http://www.scit.wlv.ac.uk/ukinfo/uk.map.html>.
* I confess, I love motor sport and ITV covers better than most
websites <http://www.itv-f1.com/>.
Emma Finney is the Information Adviser for Physics, Chemistry &
Biomedical Sciences at Sheffield Hallam University. She works with
students and academics.
Submit your top five favourite Web sites. See the guidelines at
<http://www.freepint.com/author.htm>.
By Emma Finney
* If I need music at work I listen to last night's John Peel radio
show from Radio 1 <http://www.bbc.co.uk/radio1/audiovideo/>.
* RDN have developed subject-based tutorials which are perfect for
getting to grips with an unfamiliar subject
<http://www.vts.rdn.ac.uk/>.
* Publist has listings of over 150,000 print and electronic journals
which can be useful for tracking small press publications
<http://www.publist.com>.
* University of Wolverhampton's UK map has direct links to
all Universities and FE colleges
<http://www.scit.wlv.ac.uk/ukinfo/uk.map.html>.
* I confess, I love motor sport and ITV covers better than most
websites <http://www.itv-f1.com/>.
Emma Finney is the Information Adviser for Physics, Chemistry &
Biomedical Sciences at Sheffield Hallam University. She works with
students and academics.
Submit your top five favourite Web sites. See the guidelines at
<http://www.freepint.com/author.htm>.
Friday, July 25, 2003
Worth a visit.
About ARSE
I am Arse, Arse I am. This site is something I do in my spare time when I am not working on commercial projects or collaborating. All work on this site was coded completely by me. Some of the ideas are not original but the code and techniques are all essentially created by me. Should you require Flash or general site design and development then feel free to contact me. I also work with XML, DHTML, ASP, mySQL, and Javascript as well as various design applications such as 3D Studio Max, PhotoShop, Illustrator, Final Cut Pro etc.
About ARSE
I am Arse, Arse I am. This site is something I do in my spare time when I am not working on commercial projects or collaborating. All work on this site was coded completely by me. Some of the ideas are not original but the code and techniques are all essentially created by me. Should you require Flash or general site design and development then feel free to contact me. I also work with XML, DHTML, ASP, mySQL, and Javascript as well as various design applications such as 3D Studio Max, PhotoShop, Illustrator, Final Cut Pro etc.
Click here to listen to Kylie sing 'Surrender (Talking soul mix)' recorded in 1994 but not released until 2003 [by BMG UK & Ireland Litd.].
Very few people could wear these clodhoppers and get away with it.
But that didn’t faze Kylie as she walked near her home in West London.
Kylie is a fashion icon. I hope she hasn’t put her foot in it.
Here is Bill Moyers stuck in a time warp of imagination from the 70s still rehashing the same old overhashed and discredited liberal prejudices of his LBJ day.
The viewers and followers of this dumbed down claptrap must all be cut from the cliche of Dharma's dad. Moyers still speaks as if his worlkd view had any credibiltiy and in fact as if it were the main stream of suppositions held by most thinking people.
Listen to this hogwash on the FCC business, "following the FCC action, letters are running 9 to one agianst the change in the rules..."
What BS. That is so crooked it's laughable. 9 to one because there is a campaign. 9 to one because it is done. Overwith. Why would anyone who supports what the FCC has already done bother to write anyone about it? 9ro one. Hah, humbug.
The viewers and followers of this dumbed down claptrap must all be cut from the cliche of Dharma's dad. Moyers still speaks as if his worlkd view had any credibiltiy and in fact as if it were the main stream of suppositions held by most thinking people.
Listen to this hogwash on the FCC business, "following the FCC action, letters are running 9 to one agianst the change in the rules..."
What BS. That is so crooked it's laughable. 9 to one because there is a campaign. 9 to one because it is done. Overwith. Why would anyone who supports what the FCC has already done bother to write anyone about it? 9ro one. Hah, humbug.
Wednesday, July 23, 2003
The 50's &60's
Were you a kid in the Fifties or so ? Everybody makes fun of our childhood! Comedians joke. Grandkids snicker. Twenty-something's shudder and say "Eeeew!" But was our childhood really all that bad? Judge for yourself:
In 1953 The US population was less than 150 million... Yet you knew more people then, and knew them better... And that was good.
The average annual salary was under $3,000...Yet our parents could put some of it away for a rainy day and still live a decent life... And that was good.
A loaf of bread cost about 15 cents... But it was safe for a five-year-old to skate to the store and buy one... And that was good.
Prime-Time meant I Love Lucy, Ozzie and Harriet, Gunsmoke and Lassie... So nobody ever heard of ratings or filters... And that was good.
We didn't have air-conditioning... So the windows stayed up and half a dozen mothers ran outside when you fell off your bike. And that was good.
Your teacher was either Miss Matthews or Mrs. Logan or Mr. Adkins... But not Ms. Becky or Mr. Dan... And that was good.
The only hazardous material you knew about...Was a patch of grassburrs around the light pole at the corner... And that was good.
You loved to climb into a fresh bed... Because sheets were dried on the clothesline... And that was good.
People generally lived in the same hometown with their relatives... So "child care" meant grandparents or aunts and uncles.. And that was good.
Parents were respected and their rules were law..... Children did not talk back..... and that was good.
TV was in black-and-white... But all outdoors was in glorious color....And that was certainly good.
Your Dad knew how to adjust everybody's carburetor... And the Dad next door knew how to adjust all the TV knobs... And that was very good.
Your grandma grew snap beans in the back yard...And chickens behind the garage... And that was definitely good.
And just when you were about to do something really bad... Chances were you'd run into your Dad's high school coach... Or the nosy old lady from up the street... Or your little sister's piano teacher... Or somebody from Church... ALL of whom knew your parents' phone number....And
YOUR first name... And even THAT was good! ~ ~ ~ ~ ~ ~ ~ ~ ~ REMEMBER......
Send this on to someone who can still remember Nancy Drew, The Hardy Boys, Laurel &Hardy, Abbott &Costello, Sky King, Little Lulu comics, Brenda Starr, Howdy Doody and The Peanut Gallery, The Lone Ranger, The Shadow Knows, Nellie Belle, Roy and Dale, Trigger and Buttermilk as well as
the sound of a reel mower on Saturday morning, and summers filled with bike rides, playing in cowboy land, playing hide and seek and kick-the-can and Simon Says, baseball games, amateur shows at the local theater before the Saturday matinee, bowling and visits to the pool...and eating Kool-Aid powder with sugar, and wax lips and bubblegum cigars!
Didn't that feel good, just to go back and say, Yeah, I remember that!
And was it really that long ago?
Were you a kid in the Fifties or so ? Everybody makes fun of our childhood! Comedians joke. Grandkids snicker. Twenty-something's shudder and say "Eeeew!" But was our childhood really all that bad? Judge for yourself:
In 1953 The US population was less than 150 million... Yet you knew more people then, and knew them better... And that was good.
A loaf of bread cost about 15 cents... But it was safe for a five-year-old to skate to the store and buy one... And that was good.
Prime-Time meant I Love Lucy, Ozzie and Harriet, Gunsmoke and Lassie... So nobody ever heard of ratings or filters... And that was good.
We didn't have air-conditioning... So the windows stayed up and half a dozen mothers ran outside when you fell off your bike. And that was good.
Your teacher was either Miss Matthews or Mrs. Logan or Mr. Adkins... But not Ms. Becky or Mr. Dan... And that was good.
The only hazardous material you knew about...Was a patch of grassburrs around the light pole at the corner... And that was good.
You loved to climb into a fresh bed... Because sheets were dried on the clothesline... And that was good.
People generally lived in the same hometown with their relatives... So "child care" meant grandparents or aunts and uncles.. And that was good.
Parents were respected and their rules were law..... Children did not talk back..... and that was good.
TV was in black-and-white... But all outdoors was in glorious color....And that was certainly good.
Your Dad knew how to adjust everybody's carburetor... And the Dad next door knew how to adjust all the TV knobs... And that was very good.
Your grandma grew snap beans in the back yard...And chickens behind the garage... And that was definitely good.
And just when you were about to do something really bad... Chances were you'd run into your Dad's high school coach... Or the nosy old lady from up the street... Or your little sister's piano teacher... Or somebody from Church... ALL of whom knew your parents' phone number....And
YOUR first name... And even THAT was good! ~ ~ ~ ~ ~ ~ ~ ~ ~ REMEMBER......
Send this on to someone who can still remember Nancy Drew, The Hardy Boys, Laurel &Hardy, Abbott &Costello, Sky King, Little Lulu comics, Brenda Starr, Howdy Doody and The Peanut Gallery, The Lone Ranger, The Shadow Knows, Nellie Belle, Roy and Dale, Trigger and Buttermilk as well as
the sound of a reel mower on Saturday morning, and summers filled with bike rides, playing in cowboy land, playing hide and seek and kick-the-can and Simon Says, baseball games, amateur shows at the local theater before the Saturday matinee, bowling and visits to the pool...and eating Kool-Aid powder with sugar, and wax lips and bubblegum cigars!
Didn't that feel good, just to go back and say, Yeah, I remember that!
And was it really that long ago?
Monday, July 21, 2003
The Power of Posture
July 21, 2003
How you stand can be as important as what you say. Here are the ten categories of behavior you should monitor to improve your "presence" and effectiveness.
by Nick Morgan
The way you stand could change your life. Immediately. For businesspeople, stance is an important indicator of how deeply you are engaged with your job, how much you believe in the products you are selling, how confident you are that your company will survive.
And that's just for starters. Did you know that you are likely to make or break a sale by what you do in the first fifteen seconds after entering the customer's office—before you say anything? Or that you can increase your attractiveness to others—and your success in your career—by how you move your head? Or that the seat you take at a table will determine, in part, the direction a negotiation will take?
These insights and many more are at the heart of modern communications research, and Teach Yourself Body Language, by Gordon Wainright (McGraw-Hill, 2003), summarizes much of it in very practical terms that readers can put to work immediately to change their lives.
Take stance. Wainwright suggests an experiment in which you stand straight, tuck your tummy in, hold your head high, and smile at those you meet. Do this for a week, concentrating especially on those who normally don't seem to be very friendly in your workplace. Wainwright predicts, based on many such experiments, that you'll find people treat you differently immediately. You'll garner more respect, you'll be taken more seriously, and you'll find that even the grumpy ones warm up to you.
Your stance, broadly speaking, signals to the world how energetic, confident, and powerful you are. Slumped shoulders, a downcast gaze, a slow pace, and a sagging belly are taken by the world to mean that you lack confidence, that you don't have much energy, and that you are probably less important, successful, and powerful as a result. These impressions may be neither accurate nor fair, but they are the inevitable results of the fleeting impressions we tend to get of one another during the course of a busy day.
Those are just the fleeting impressions. Stance, and what used to be called your bearing, can play much more important roles when you're negotiating an important contract or trying to close a sale. We like to deal with winners, and we are more inclined to yield negotiating points to people who appear to be operating from a position of strength.
And what about those first fifteen seconds after entering a room? Wainwright reports research that measured the status of people who enter an office. Low-status people tend to linger at the door. Medium-status people go in halfway. And high-status people go in all the way to the desk and sit down next to the occupant.
To increase your attractiveness, Wainwright suggests ten categories of behavior to monitor and improve. Studies show that attractive people tend to be more successful, everything else being equal, so more than mere likability is at stake here. The ten categories are:
Eye contact: The more the better, up to visual intrusiveness.
Facial expression: Be lively, smile a lot, look interested.
Head movements: Nod to show interest, keep your chin up.
Gestures: Be expressive and open, without overdoing it.
Posture: Stand erect, lean forward to show interest, lean back to be informal.
Proximity and orientation: Get as close as you can to people without crowding.
Bodily contact: Touch as often as you can without causing offense.
Appearance and physique: Go for color in dress, fitness in physique.
Timing and synchronization: Speed up your activities to just before the point of inefficiency.
Nonverbal aspects of speech: Try to balance your need to talk with the need to listen.
If taking on all of these desiderata sounds like a tall order, take heart in the knowledge that doing even a few of them will begin to increase your attractiveness to others. You don't have to manage them all at once. In fact, you don't have to manage them at all, if you can find enthusiasm for your job, your colleagues, and your activities in general. If you are enthusiastic, you'll discover that you'll naturally increase your attractiveness by unconsciously doing many of the behaviors on the list.
Reprinted with permission from “Are You Standing in the Way of Your Own Success?” Harvard Management Communication Letter, June 2003
July 21, 2003
How you stand can be as important as what you say. Here are the ten categories of behavior you should monitor to improve your "presence" and effectiveness.
by Nick Morgan
The way you stand could change your life. Immediately. For businesspeople, stance is an important indicator of how deeply you are engaged with your job, how much you believe in the products you are selling, how confident you are that your company will survive.
And that's just for starters. Did you know that you are likely to make or break a sale by what you do in the first fifteen seconds after entering the customer's office—before you say anything? Or that you can increase your attractiveness to others—and your success in your career—by how you move your head? Or that the seat you take at a table will determine, in part, the direction a negotiation will take?
These insights and many more are at the heart of modern communications research, and Teach Yourself Body Language, by Gordon Wainright (McGraw-Hill, 2003), summarizes much of it in very practical terms that readers can put to work immediately to change their lives.
Take stance. Wainwright suggests an experiment in which you stand straight, tuck your tummy in, hold your head high, and smile at those you meet. Do this for a week, concentrating especially on those who normally don't seem to be very friendly in your workplace. Wainwright predicts, based on many such experiments, that you'll find people treat you differently immediately. You'll garner more respect, you'll be taken more seriously, and you'll find that even the grumpy ones warm up to you.
Your stance, broadly speaking, signals to the world how energetic, confident, and powerful you are. Slumped shoulders, a downcast gaze, a slow pace, and a sagging belly are taken by the world to mean that you lack confidence, that you don't have much energy, and that you are probably less important, successful, and powerful as a result. These impressions may be neither accurate nor fair, but they are the inevitable results of the fleeting impressions we tend to get of one another during the course of a busy day.
Those are just the fleeting impressions. Stance, and what used to be called your bearing, can play much more important roles when you're negotiating an important contract or trying to close a sale. We like to deal with winners, and we are more inclined to yield negotiating points to people who appear to be operating from a position of strength.
And what about those first fifteen seconds after entering a room? Wainwright reports research that measured the status of people who enter an office. Low-status people tend to linger at the door. Medium-status people go in halfway. And high-status people go in all the way to the desk and sit down next to the occupant.
To increase your attractiveness, Wainwright suggests ten categories of behavior to monitor and improve. Studies show that attractive people tend to be more successful, everything else being equal, so more than mere likability is at stake here. The ten categories are:
Eye contact: The more the better, up to visual intrusiveness.
Facial expression: Be lively, smile a lot, look interested.
Head movements: Nod to show interest, keep your chin up.
Gestures: Be expressive and open, without overdoing it.
Posture: Stand erect, lean forward to show interest, lean back to be informal.
Proximity and orientation: Get as close as you can to people without crowding.
Bodily contact: Touch as often as you can without causing offense.
Appearance and physique: Go for color in dress, fitness in physique.
Timing and synchronization: Speed up your activities to just before the point of inefficiency.
Nonverbal aspects of speech: Try to balance your need to talk with the need to listen.
If taking on all of these desiderata sounds like a tall order, take heart in the knowledge that doing even a few of them will begin to increase your attractiveness to others. You don't have to manage them all at once. In fact, you don't have to manage them at all, if you can find enthusiasm for your job, your colleagues, and your activities in general. If you are enthusiastic, you'll discover that you'll naturally increase your attractiveness by unconsciously doing many of the behaviors on the list.
Reprinted with permission from “Are You Standing in the Way of Your Own Success?” Harvard Management Communication Letter, June 2003
http://www.intranet.gtlaw.com/phonelist/scripts/index.asp
Here is the link to the Phonelist. We will keep this active until we create a new, custom report to support your Bibliotech needs.
Sunday, July 20, 2003
3630113
XIV. Book Production and Distribution, 1625–1800
By H. G. ALDIS, M.A., Peterhouse, Secretary of the University Library
Attempts at State Control under Charles I. and the Commonwealth
The Censorship of L’Estrange
Lapse of the Licensing Laws
Copyright before 1709
The first Copyright Act
The battle for Perpetual Copyright
The relations between Author and Publisher in the Seventeenth Century
Milton, Baxter
Earnings of playwrights
Literature becomes a Profession
Increase of the Reading Classes
Patrons and Dedications
The Publisher as Patron and Employer
Leading Publishers in Commonwealth and Restoration times
The Eighteenth Century
Tonson, Lintot, Dodsley, Millar
Trade books
Society for Encouragement of Learning
Bell’s Poets and Johnson’s Poets; Paternoster Row Numbers
Booksellers’ Clubs
Cadell, Strahan
Literary Booksellers
Curll and Grub Street
“The Trade” in London
Little Britain
Scot, Bateman, the Ballards
Other Localities; Westminster Hall
Literary Coffee-houses
Payne, Davies
Popular Literature
Practical Divinity, Chapbooks
The Retail Bookseller
Sale by auction
Printed Catalogues; James Lackington
Circulating Libraries and Book Clubs
Trade Lists of Current Publications
Trade sales
The Provincial Trade
Scotland and Ireland
BIBLIOGRAPHY
XIV. Book Production and Distribution, 1625–1800
By H. G. ALDIS, M.A., Peterhouse, Secretary of the University Library
Attempts at State Control under Charles I. and the Commonwealth
The Censorship of L’Estrange
Lapse of the Licensing Laws
Copyright before 1709
The first Copyright Act
The battle for Perpetual Copyright
The relations between Author and Publisher in the Seventeenth Century
Milton, Baxter
Earnings of playwrights
Literature becomes a Profession
Increase of the Reading Classes
Patrons and Dedications
The Publisher as Patron and Employer
Leading Publishers in Commonwealth and Restoration times
The Eighteenth Century
Tonson, Lintot, Dodsley, Millar
Trade books
Society for Encouragement of Learning
Bell’s Poets and Johnson’s Poets; Paternoster Row Numbers
Booksellers’ Clubs
Cadell, Strahan
Literary Booksellers
Curll and Grub Street
“The Trade” in London
Little Britain
Scot, Bateman, the Ballards
Other Localities; Westminster Hall
Literary Coffee-houses
Payne, Davies
Popular Literature
Practical Divinity, Chapbooks
The Retail Bookseller
Sale by auction
Printed Catalogues; James Lackington
Circulating Libraries and Book Clubs
Trade Lists of Current Publications
Trade sales
The Provincial Trade
Scotland and Ireland
BIBLIOGRAPHY
Saturday, July 19, 2003
Friday, July 18, 2003
TinyURL.com - where tiny is better!
The following URL:
http://www.intranet.gtlaw.com/admin/library/mls.htm
has a length of 51 characters and resulted in the following TinyURL which has a length of 23 characters:
http://tinyurl.com/hcrs
The following URL:
http://www.intranet.gtlaw.com/admin/library/mls.htm
has a length of 51 characters and resulted in the following TinyURL which has a length of 23 characters:
http://tinyurl.com/hcrs
Thursday, July 17, 2003
Kylie's Bum Gets A Legal Slapping
Dilek O'Keeffe, the artist who painted 'Consumerism 2 - Talent' featuring a likeness of Kylie Minogue, has painted an amended version following the withdrawal of the original by the Royal Academy in London, after they were threatened with legal action by Minogue's lawyers.
Minogue Inc. claimed her copyright was infringed over the unauthorized use of an image of Kylie's bum in the original painting. The painting was withdrawn from the exhibition by the Royal Academy without contesting the claim.
Now Dilek has painted a revised version and is demanding the Royal Academy replace the original Minogue painting with a not so flattering but also not so recognizable Pop start image.
"There is no excuse for the Royal Academy continuing to exclude the work from the Summer Exhibition" Dilek says. "The RA are supposed to stand up for artistic innovation, integrity and cultural freedom of expression. It's a scandal if today's RA are just one more institution that lies down under pressure from corporate and commercial interests."
Dilek O'Keeffe, the artist who painted 'Consumerism 2 - Talent' featuring a likeness of Kylie Minogue, has painted an amended version following the withdrawal of the original by the Royal Academy in London, after they were threatened with legal action by Minogue's lawyers.
Minogue Inc. claimed her copyright was infringed over the unauthorized use of an image of Kylie's bum in the original painting. The painting was withdrawn from the exhibition by the Royal Academy without contesting the claim.
Now Dilek has painted a revised version and is demanding the Royal Academy replace the original Minogue painting with a not so flattering but also not so recognizable Pop start image.
"There is no excuse for the Royal Academy continuing to exclude the work from the Summer Exhibition" Dilek says. "The RA are supposed to stand up for artistic innovation, integrity and cultural freedom of expression. It's a scandal if today's RA are just one more institution that lies down under pressure from corporate and commercial interests."
From E-commerce Law Week
- Gator Sheds Crocodile Tears for U-Haul's Defeat
In the annals of Truly Annoying Internet Business Models, nothing can displace spam's claim to the Number 1 spot. But adware has a solid claim to second place, aggravating not only Internet users, whose machines are clogged by extra popups, but also Internet content providers, whose content is hijacked to support advertisers who haven't paid a penny to the content providers. The two market leaders in adware are Gator and WhenU. Gator is by far the better known, but it looks as though WhenU may have better lawyers. WhenU has defeated U-Haul in litigation over the legality of the adware business model. The Eastern District Court of Virginia dismissed claims of trademark infringement, unfair competition, and copyright infringement filed by U-Haul against WhenU.com, although the full opinion will not be available for several weeks. The order muddies the waters for future litigation against WhenU's more infamous cousin, Gator. Because the two share a similar business model, the reasoning behind Judge Gerald Bruce Lee's rejection of U-Haul's legal arguments is likely to carry weight in Gator's disputes.
- Decision of the U.S. District Court for the Eastern District of Virginia in U-Haul, International, Inc. v. WhenU.com, Inc., et al., Civil Action No. 02-1469-A, June 24, 2003
- Is the DMCA Constitutional?
Public domain defenders are suggesting that the constitutionality of the Digital Millennium Copyright Act ("DMCA") may be in question as a result of their worst Supreme Court loss ever -- the January 15 opinion in Eldred v. Ashcroft. Remarkably, they may be right. Commentators have latched on to a seeming side-comment in Justice Ginsburg's majority opinion: "When ... Congress has not altered the traditional contours of copyright protection, further First Amendment scrutiny is unnecessary." In context, they say, the Court's opinion implies that fair use is constitutionally protected -- or at least that Congressional meddling with traditional fair use doctrines could run afoul of the First Amendment. Yale Law Professor Jack M. Balkin, a specialist in Constitutional and First Amendment law, is now arguing that the DMCA represents just such meddling.
- Decision of the Supreme Court of the United States in Eldred et al. v. Ashcroft, Attorney General, No. 01-618, January 15, 2003
[E-Commerce Law Week summarizes legal and other developments affecting electronic commerce and security -- with special emphasis on Encryption, Digital Signatures, Computer Security, Privacy, and related issues.
To subscribe to E-Commerce Law Week, visit http://63.104.208.130/webdoc.nsf/ListServEntry?OpenForm .
To unsubscribe, send the message 'Unsubscribe E-commerce Law Week' to.
(C) Copyright 2003 Steptoe & Johnson LLP.
Steptoe & Johnson LLP grants permission for the contents of this publication to be reproduced and distributed in full free of charge, provided that: (i) such reproduction and distribution is limited to educational and professional non-profit use only (and not for advertising or other use); (ii) the reproductions or distributions make no edits or changes in this publication; and (iii) all reproductions and distributions include the name of the author(s) and the copyright notice(s) included in the original publication.]
- Gator Sheds Crocodile Tears for U-Haul's Defeat
In the annals of Truly Annoying Internet Business Models, nothing can displace spam's claim to the Number 1 spot. But adware has a solid claim to second place, aggravating not only Internet users, whose machines are clogged by extra popups, but also Internet content providers, whose content is hijacked to support advertisers who haven't paid a penny to the content providers. The two market leaders in adware are Gator and WhenU. Gator is by far the better known, but it looks as though WhenU may have better lawyers. WhenU has defeated U-Haul in litigation over the legality of the adware business model. The Eastern District Court of Virginia dismissed claims of trademark infringement, unfair competition, and copyright infringement filed by U-Haul against WhenU.com, although the full opinion will not be available for several weeks. The order muddies the waters for future litigation against WhenU's more infamous cousin, Gator. Because the two share a similar business model, the reasoning behind Judge Gerald Bruce Lee's rejection of U-Haul's legal arguments is likely to carry weight in Gator's disputes.
- Decision of the U.S. District Court for the Eastern District of Virginia in U-Haul, International, Inc. v. WhenU.com, Inc., et al., Civil Action No. 02-1469-A, June 24, 2003
- Is the DMCA Constitutional?
Public domain defenders are suggesting that the constitutionality of the Digital Millennium Copyright Act ("DMCA") may be in question as a result of their worst Supreme Court loss ever -- the January 15 opinion in Eldred v. Ashcroft. Remarkably, they may be right. Commentators have latched on to a seeming side-comment in Justice Ginsburg's majority opinion: "When ... Congress has not altered the traditional contours of copyright protection, further First Amendment scrutiny is unnecessary." In context, they say, the Court's opinion implies that fair use is constitutionally protected -- or at least that Congressional meddling with traditional fair use doctrines could run afoul of the First Amendment. Yale Law Professor Jack M. Balkin, a specialist in Constitutional and First Amendment law, is now arguing that the DMCA represents just such meddling.
- Decision of the Supreme Court of the United States in Eldred et al. v. Ashcroft, Attorney General, No. 01-618, January 15, 2003
[E-Commerce Law Week summarizes legal and other developments affecting electronic commerce and security -- with special emphasis on Encryption, Digital Signatures, Computer Security, Privacy, and related issues.
To subscribe to E-Commerce Law Week, visit http://63.104.208.130/webdoc.nsf/ListServEntry?OpenForm .
To unsubscribe, send the message 'Unsubscribe E-commerce Law Week' to
(C) Copyright 2003 Steptoe & Johnson LLP.
Steptoe & Johnson LLP grants permission for the contents of this publication to be reproduced and distributed in full free of charge, provided that: (i) such reproduction and distribution is limited to educational and professional non-profit use only (and not for advertising or other use); (ii) the reproductions or distributions make no edits or changes in this publication; and (iii) all reproductions and distributions include the name of the author(s) and the copyright notice(s) included in the original publication.]
INDUSTRY WRAPUPS
Legal Notebook
'Staffing needs' change cited for Goodwin Procter layoffs
Sheri Qualters
Journal Staff
Joining the ranks of law firms laying off staff, Goodwin Procter LLP trimmed staff support late last month.
The firm eliminated 11 full-time administrative positions at its Boston headquarters, including nine secretaries and two staff positions in the word-processing area, confirmed public relations manager Melissa Benson in a statement. The firm also cut several part-time secretarial positions, according to Benson.
Partner payouts
Because law firms have varying partnership structures with a range of what constitutes equity, or voting, partners and nonequity partners, there's a broad spectrum of remuneration among top dogs at top-ranked firms. Often, the discrepancy between profits-per-equity-partner and payouts-to-partners can be equally vast, due to the diluting effects of nonequity partners. According to data from the Am Law 100 annual survey in the American Lawyer trade magazine published earlier this month, the top-paying firms in 2002 weren't necessarily the most profitable. Here are the numbers, according to what the magazine defines as equity and nonequity partners:
At Ropes & Gray, which has a single-tier structure of 151 equity partners, the partners each took home an average of $835,000 -- the same as profits per partner.
Hale and Dorr LLP's 143 equity and 10 nonequity partners each made an average of $785,000, compared with profits per partner of $810,000.
Goodwin Procter's 100 equity and 55 nonequity partners were paid an average of $745,000 each, compared with profits per partner of $960,000.
McDermott Will's profits per partner were $1.07 million, and its 280 equity and 252 nonequity partners took home about $300,000 less, or an average of $725,000.
Bingham McCutchen LLP averaged $920,000 in profits per equity partner, and its 93 equity and 147 nonequity partners saw average pay of $600,000 each.
At Greenberg Traurig LLP, the 197 equity and 179 nonequity partners earned an average of $550,000 each, compared with profits per partner of $780,000.
Mintz Levin Cohn Ferris Glovsky and Popeo PC's 57 equity and 108 nonequity partners each took in an average of $440,000 in compensation, from its profits per partner of $660,000.
With profits per partner of $470,000, Seyfarth Shaw's 197 equity and 25 nonequity partners made an average of $435,000 per person.
Nixon Peabody LLP reaped $465,000 in profits per partner, and its 227 equity and 69 nonequity partners each earned an average of about $405,000.
Duane Morris LLP's 141 equity and 91 nonequity partners and Holland & Knight LLP's 430 equity and 234 nonequity partners took home about $360,000 each, but Duane reaped $445,000 in profits per partner, while Seyfarth's partners each made $470,000 in profits.
Wednesday, July 16, 2003
Kylie on a man hunt
Besotted ... Kylie
LOVESICK KYLIE MINOGUE has jetted to Canada to be with actor boyfriend OLIVIER MARTINEZ on the set of his latest movie.
A friend said: “Kylie cancelled everything. It was spur of the moment and very unlike her. She’s fallen for him in a big way.”
Scott's Website :- http://finerfeelings.co.uk
Besotted ... Kylie
LOVESICK KYLIE MINOGUE has jetted to Canada to be with actor boyfriend OLIVIER MARTINEZ on the set of his latest movie.
A friend said: “Kylie cancelled everything. It was spur of the moment and very unlike her. She’s fallen for him in a big way.”
Scott's Website :- http://finerfeelings.co.uk
Wednesday, May 21, 2003
Internet Payment Service Provider Claims MasterCard’s Policies Violate Antitrust Law
May 21, 2003
MasterCard International, Inc. is exercising its power in the payment card market in violation of federal antitrust law, according to a complaint filed May 12 in the U.S. District Court for the Central District of California. Paycom Billing Services, Inc. v. MasterCard International, Inc. (Complaint), 2003 ILRWeb (P&F) 1806 [CD Cal, 2003].
The plaintiff, an Internet payment services provider, alleged that MasterCard’s policies regarding chargebacks and extra fines fees for certain providers constitute a conspiracy in restraint of trade and monopolization in violation of the Sherman Antitrust Act.
Paycom Billing Services, Inc. of Marina del Rey, California, which does business as Paycom.net, Epoch Transaction Services, Epoch Systems, and Paycom, Inc., acts as a payment service for consumers buying goods and services from a variety of web sites. According to the complaint, about 40 percent of the payments processed by Paycom are made through MasterCard-associated cards.
The complaint alleged that MasterCard’s policies regarding chargebacks, which are made when a card holder claims that a charge made to the card account was unauthorized or otherwise illegitimate, puts all the risk of loss on Paycom. Furthermore, MasterCard has instituted a system of penalties for merchants whose share of transactions that result in chargebacks exceeds a certain threshold. Paycom claimed that these penalties are imposed even in periods when its chargeback rate does not exceed the threshold.
Meanwhile, according to the complaint, MasterCard’s own policies have hindered Paycom from identifying beforehand what credit card transactions might be fraudulent, for example, by withholding a list of credit card numbers that had been stolen.
Paycom Must Accept MasterCard Cards. Paycom claimed that it must accede to such actions because it cannot remain in business if it cannot complete transactions made through MasterCard-branded cards. If it refused to accept such cards, then the web sites that are its clients would find alternative means to complete transactions.
Furthermore, the complaint stated that MasterCard is using its market power in the payment card market to pressure Paycom to change its business model.
Paycom alleged these actions amount to a contract or conspiracy in restraint of trade under the Sherman Antitrust Act §1. According to the complaint, MasterCard’s policies “have unreasonably restrained competition in the general payment card market by ... improper and illegal means ... , which resulted in an unreasonable restraint on competition.” Furthermore, MasterCard’s imposition of “perpetual fines and penalties” have an effect of creating a boycott of Paycom.
The second claim for relief alleged illegal creation, enhancement, and maintenance of a monopoly in the general payment card market under the Sherman Act §2.
The complaint also alleged violations of the Robinson-Patman Act and the California Cartwright Act. There were also claims for denial of fair procedure, unfair competition, breach of contract, breach of implied covenant, intentional interference with contractual relations, intentional interference with prospective business and economic advantage, negligent interference with actual and prospective business and economic advantage, and fraud.
The plaintiff asked for declaratory and injunctive relief prohibiting the imposition of the fines and penalties for chargebacks, actual damages in excess of $3 million, and exemplary damages of $20 million.
The plaintiff was represented by Richard P. Crane Jr. William McD. Miller, and Dennis M. P. Ehling of Music, Peeler & Garrett, Los Angeles.
Copyright © 2003 by Pike & Fischer, Inc., a subsidiary of The Bureau of National Affairs, Inc.
May 21, 2003
MasterCard International, Inc. is exercising its power in the payment card market in violation of federal antitrust law, according to a complaint filed May 12 in the U.S. District Court for the Central District of California. Paycom Billing Services, Inc. v. MasterCard International, Inc. (Complaint), 2003 ILRWeb (P&F) 1806 [CD Cal, 2003].
The plaintiff, an Internet payment services provider, alleged that MasterCard’s policies regarding chargebacks and extra fines fees for certain providers constitute a conspiracy in restraint of trade and monopolization in violation of the Sherman Antitrust Act.
Paycom Billing Services, Inc. of Marina del Rey, California, which does business as Paycom.net, Epoch Transaction Services, Epoch Systems, and Paycom, Inc., acts as a payment service for consumers buying goods and services from a variety of web sites. According to the complaint, about 40 percent of the payments processed by Paycom are made through MasterCard-associated cards.
The complaint alleged that MasterCard’s policies regarding chargebacks, which are made when a card holder claims that a charge made to the card account was unauthorized or otherwise illegitimate, puts all the risk of loss on Paycom. Furthermore, MasterCard has instituted a system of penalties for merchants whose share of transactions that result in chargebacks exceeds a certain threshold. Paycom claimed that these penalties are imposed even in periods when its chargeback rate does not exceed the threshold.
Meanwhile, according to the complaint, MasterCard’s own policies have hindered Paycom from identifying beforehand what credit card transactions might be fraudulent, for example, by withholding a list of credit card numbers that had been stolen.
Paycom Must Accept MasterCard Cards. Paycom claimed that it must accede to such actions because it cannot remain in business if it cannot complete transactions made through MasterCard-branded cards. If it refused to accept such cards, then the web sites that are its clients would find alternative means to complete transactions.
Furthermore, the complaint stated that MasterCard is using its market power in the payment card market to pressure Paycom to change its business model.
Paycom alleged these actions amount to a contract or conspiracy in restraint of trade under the Sherman Antitrust Act §1. According to the complaint, MasterCard’s policies “have unreasonably restrained competition in the general payment card market by ... improper and illegal means ... , which resulted in an unreasonable restraint on competition.” Furthermore, MasterCard’s imposition of “perpetual fines and penalties” have an effect of creating a boycott of Paycom.
The second claim for relief alleged illegal creation, enhancement, and maintenance of a monopoly in the general payment card market under the Sherman Act §2.
The complaint also alleged violations of the Robinson-Patman Act and the California Cartwright Act. There were also claims for denial of fair procedure, unfair competition, breach of contract, breach of implied covenant, intentional interference with contractual relations, intentional interference with prospective business and economic advantage, negligent interference with actual and prospective business and economic advantage, and fraud.
The plaintiff asked for declaratory and injunctive relief prohibiting the imposition of the fines and penalties for chargebacks, actual damages in excess of $3 million, and exemplary damages of $20 million.
The plaintiff was represented by Richard P. Crane Jr. William McD. Miller, and Dennis M. P. Ehling of Music, Peeler & Garrett, Los Angeles.
Copyright © 2003 by Pike & Fischer, Inc., a subsidiary of The Bureau of National Affairs, Inc.
Tuesday, May 13, 2003
Fitch offers an intra-day trading report for stocks. The report shows each transaction on the stock during the day. The cost for each day is $35, and they require an email with a credit card number. You need to provide the ticker, and the exchange would not hurt either.
Email is stocklist@fitchgroup.com.
Email is stocklist@fitchgroup.com.
LITTLE-KNOWN OBLIGATIONS
Where Do Your Time and Money Go?
BY THE RODENT
Most people coming out of law school are uninformed about the hidden obligations that go along with being a lawyer. These obligations, new lawyers should know, will significantly strain your calendars and wallets. These matters should be factored in when calculating your salary and billable-hour responsibilities.
1. First of all, you can expect that 20 to 30 percent of your time will be taken up with pro bono activities. And I’m not talking about the pro bono work for worthy causes that you were told about during your interview with The Firm. I’m talking about the free-of-charge legal work you will perform on behalf of family members, distant family members, friends, friends of friends, and friends of distant family members. Also, expect to get a steady supply of assignments from co-workers—and their friends. Within days of being sworn in, you will hear from these people, all of whom will assume that you know the answers to their legal questions. Unfortunately, their issues never seem to involve easy answers. Nor do they ever seem to involve retainer agreements.
2. Be prepared to watch a good 10 to 20 percent of your income go toward the purchase of cookies, candy, raffle tickets and the like sold by secretaries, paralegals and other lawyers who will come to you on behalf of their favorite charities. And remember, you must buy more than one of whatever they are selling. When you are told that "Jim in the mailroom bought three of these," the implication is that you should buy at least twice as many. Buying just one—or none—will make you the topic of discussion in The Firm’s lunchroom.
4. You will be obligated to attend a whole array of social gatherings that you’d really rather miss. Depending on the firm you work at, this can amount to as much as one-third of your time. These events range from office cocktail parties, pool parties for the summer associates, ball games with clients and baby showers for your secretary. One good thing about the baby showers, however, is that you can give the kid those same items you purchased from co-workers. Infants love Girl Scout thin mint cookies!
When all is said and done, you will have two to three hours a day of your time left and about half of your salary.
How will you manage? I’ll answer that question in two of my upcoming columns. One is entitled "Weekending at The Firm." The other is "How to Become a Millionaire Using Your Law Firm’s Fax Machine."
You can contact the Rodent at TheRodent@aol.com.
©2003 ABA Journal
Tuesday, May 06, 2003
Here are this week's updates to the HBS Working Knowledge site, http://hbswk.hbs.edu/.
Please feel free to forward this information to friends or business associates.
Career Effectiveness
Sharpen Your Job Interview Skills
http://hbswk.hbs.edu/pubitem.jhtml?id=3460&t=career_effectiveness
The keys to winning a job interview are to establish trust and communicate the skills you'll bring to your next employer. Nick Morgan explains.
Please feel free to forward this information to friends or business associates.
Career Effectiveness
Sharpen Your Job Interview Skills
http://hbswk.hbs.edu/pubitem.jhtml?id=3460&t=career_effectiveness
The keys to winning a job interview are to establish trust and communicate the skills you'll bring to your next employer. Nick Morgan explains.
Tuesday, April 22, 2003
Kylie's got rhythm to crack US
KYLIE MINOGUE secretly plans to relaunch herself as an R&B star in a bid to crack America.
She has asked writers to come up with songs similar to those produced by THE NEPTUNES.
They helped make JUSTIN TIMBERLAKE’s hugely successful album Justified and have also worked with BEYONCE KNOWLES and BRITNEY SPEARS.
Kylie has also been working with Eighties dance guru CURTIS MANTRONIX on electro dance tracks.
A source close to Kylie told me: “She’s been very impressed with the work The Neptunes’ PHARRELL WILLIAMS has done with Timberlake and NELLY.
“She hopes this style will help her get chart hits in the States. So far she’s only had limited success there and she thinks she might do it if she gets a more R&B sound.”
I reckon Kylie should stick to dancey pop tunes like Spinning Around and Can’t Get You Out Of My Head, which transformed her career and put her back on top.
Just remember what happened to the SPICE GIRLS when they decided to go R&B — they flopped.
Monday, March 24, 2003
There was a loser who couldn't get a date. He went to a bar and asked a guy how to get a date.
The guy said, "It's simple. Women like lawyers. They're rich and powerful. Just say you're a lawyer."
So the guy went up to a pretty woman and asked her out. After she said no, he told her that it was probably a good thing because he had a case early the next morning.
She said, "Oh! You're a lawyer?"
He said, "Why, yes I am!"
So they went to his place. When they were in bed making love, the guy started to laugh to himself.
When she asked what was so funny, he answered, "Well, I've been a lawyer only 15 minutes, and I'm already screwing someone!"
The guy said, "It's simple. Women like lawyers. They're rich and powerful. Just say you're a lawyer."
So the guy went up to a pretty woman and asked her out. After she said no, he told her that it was probably a good thing because he had a case early the next morning.
She said, "Oh! You're a lawyer?"
He said, "Why, yes I am!"
So they went to his place. When they were in bed making love, the guy started to laugh to himself.
When she asked what was so funny, he answered, "Well, I've been a lawyer only 15 minutes, and I'm already screwing someone!"
Friday, March 21, 2003
AN ASSOCIATE’S ASSOCIATION
Identify the Power Partners to Assure Advancement at the Firm
BY THE RODENT
At The Firm, it’s not always who you are but to whom you are attached. Careful alignments with The Firm’s Power Partners can protect an associate from being fired or otherwise mistreated by other partners. In some cases, the relationship might even be enough to assure the associate’s own rise to partnership–and maybe even power partnership.
I think we all know unexceptional lawyers who still manage to advance at The Firm because of ties to Power Partners. As goes the partner, so goes the associate. Don’t you wish you could be one of these less-qualified attorneys? Well, you can if you follow some of the tips below and select the right partner.
By the right partner, I mean a Power Partner. And identifying the Power Partners at The Firm is the critical first step. If you don’t know who’s who at The Firm, you might miss the opportunity to ingratiate yourself with influential senior lawyers and, worse yet, waste time and effort being cordial to people who can’t help advance your career.
While ties with Power Partners can propel your career, any affiliation with lesser partners can taint you forever. At all costs, avoid doing work for or even chatting with these people.
For associates having difficulty categorizing The Firm’s partners, the following are some helpful indicators:
• Does the partner answer her own telephone?
• Does she know how to use the computer?
• Can she operate the copying and fax machines?
If the answer to any of these questions is yes, go on to the next partner. Power Partners have people to do these things for them.
You also don’t want a partner who is too nice–or nice at all, really. Beware of any senior lawyer who takes an interest in the lives and careers of associates and staff. You also want to hide from those who know the names of the guys in the mailroom and members of the cleaning crew. Being nice is nice, but it is also a sign of weakness. Don’t allow any of these partners to drop by your office just to chat. Instead, gravitate to those who respond to greetings or attempts at conversation with blank stares or occasional grunts.
Another type of partner to avoid is one who has time to help you with your assignments. This is the same kind of partner who will end up selling you his house due to his declining partnership draws. Instead, look for partners who don’t even practice anymore and instead make money bringing in clients and having the nice partners do all the legal work.
You will also notice that the most ethical lawyers in your office are the ones who don’t really have much pull. Signs of this are turning down cases and clients that present conflicts of interest or pose ethical issues. Instead, look for the partner who has been disbarred in more than a few states.
The lawyer’s personal life can also signal whether he or she is a Power Partner. Avoid those who are happily married. This is a sign that they are not spending enough time at the office. Instead, look for multiple divorces to go along with the aforementioned disbarments.
By carefully selecting the right partner, any associate–no matter how incompetent or unqualified–can assure his or her advancement at The Firm.
©2003 ABA Journal
Identify the Power Partners to Assure Advancement at the Firm
BY THE RODENT
At The Firm, it’s not always who you are but to whom you are attached. Careful alignments with The Firm’s Power Partners can protect an associate from being fired or otherwise mistreated by other partners. In some cases, the relationship might even be enough to assure the associate’s own rise to partnership–and maybe even power partnership.
I think we all know unexceptional lawyers who still manage to advance at The Firm because of ties to Power Partners. As goes the partner, so goes the associate. Don’t you wish you could be one of these less-qualified attorneys? Well, you can if you follow some of the tips below and select the right partner.
By the right partner, I mean a Power Partner. And identifying the Power Partners at The Firm is the critical first step. If you don’t know who’s who at The Firm, you might miss the opportunity to ingratiate yourself with influential senior lawyers and, worse yet, waste time and effort being cordial to people who can’t help advance your career.
While ties with Power Partners can propel your career, any affiliation with lesser partners can taint you forever. At all costs, avoid doing work for or even chatting with these people.
For associates having difficulty categorizing The Firm’s partners, the following are some helpful indicators:
• Does the partner answer her own telephone?
• Does she know how to use the computer?
• Can she operate the copying and fax machines?
If the answer to any of these questions is yes, go on to the next partner. Power Partners have people to do these things for them.
You also don’t want a partner who is too nice–or nice at all, really. Beware of any senior lawyer who takes an interest in the lives and careers of associates and staff. You also want to hide from those who know the names of the guys in the mailroom and members of the cleaning crew. Being nice is nice, but it is also a sign of weakness. Don’t allow any of these partners to drop by your office just to chat. Instead, gravitate to those who respond to greetings or attempts at conversation with blank stares or occasional grunts.
Another type of partner to avoid is one who has time to help you with your assignments. This is the same kind of partner who will end up selling you his house due to his declining partnership draws. Instead, look for partners who don’t even practice anymore and instead make money bringing in clients and having the nice partners do all the legal work.
You will also notice that the most ethical lawyers in your office are the ones who don’t really have much pull. Signs of this are turning down cases and clients that present conflicts of interest or pose ethical issues. Instead, look for the partner who has been disbarred in more than a few states.
The lawyer’s personal life can also signal whether he or she is a Power Partner. Avoid those who are happily married. This is a sign that they are not spending enough time at the office. Instead, look for multiple divorces to go along with the aforementioned disbarments.
By carefully selecting the right partner, any associate–no matter how incompetent or unqualified–can assure his or her advancement at The Firm.
©2003 ABA Journal
Monday, March 17, 2003
Bushonics
--------------------------------------------------------------------------------
Bushonics speakers strike back
We're mad as hell and we won't be misunderestimated anymore!
By Tom McNichol
March 19, 2001 | The day Lisa Shaw's son Tyler came home from school with
tears streaming down his cheeks, the 34-year-old Crawford, Texas,
homemaker, knew things had gone too far.
"All of Tyler's varying and sundry friends was making fun of the way he
talked," Shaw says. "I am not a revengeful person, but I couldn't let this
behaviorism slip into acceptability. This is not the way America is about."
Shaw and her son are two of a surprising number of Americans who speak a
form of nonstandard English that linguists have dubbed "Bushonics," in
honor of the dialect's most famous speaker, President George W. Bush. The
most striking features of Bushonics -- tangled syntax, mispronunciations,
run-on sentences, misplaced modifiers and a wanton disregard for
subject-verb agreement -- are generally considered to be "bad" or
"ungrammatical" by linguists and society at large.
But that attitude may be changing. Bushonics speakers, emboldened by the
Bush presidency, are beginning to make their voices heard. Lisa Shaw has
formed a support group for local speakers of the dialect and is demanding
that her son's school offer "a full-blown up apologism." And a growing
number of linguists argue that Bushonics isn't a collection of language
"mistakes" but rather a well-formed linguistic system, with its own
lexical, phonological and syntactic patterns.
"These people are greatly misunderestimated," says University of Texas
linguistics professor James Bundy, himself a Bushonics speaker. "They're
not lacking in intelligence facilities by any stretch of the mind. They
just have a differing way of speechifying."
It's difficult to say just how many Bushonics speakers there are in
America, although professor Bundy claims "their numbers are legionary."
Many who speak the dialect are ashamed to utter it in public and will only
open up to a group of fellow speakers. One known hotbed of Bushonics is
Crawford, the tiny central Texas town near the president's 1,600-acre
ranch. Other centers are said to include Austin and Midland, Texas, New
Haven, Conn., and Kennebunkport, Maine.
Bushonics is widely spoken in corporate boardrooms, and has long been
considered a kind of secret language among members of the fraternity Delta
Kappa Epsilon. Bushonics speakers have ascended to top jobs at places like
the Internal Revenue Service and the Department of Health and Human
Services. By far the greatest concentration of Bushonics speakers is found
in the U.S. military. Former Secretary of State Alexander Haig is only the
most well known Bushonics speaker to serve with distinction in America's
armed forces. Among the military's top brass, the dialect is considered to
be the unofficial language of the Pentagon.
Former President George H.W. Bush spoke a somewhat diluted form of the
dialect that bears his family's name, which may have influenced his choice
for vice president, Dan Quayle, who spoke an Indiana strain of Bushonics.
The impressive list of people who speak the dialect is a frequent topic at
Lisa Shaw's weekly gathering of Bushonics speakers. That so many members of
their linguistic community have risen to positions of power comes as a
comfort to the group, and a source of inspiration.
"We feel a good deal less aloneness, my guess is you would want to call
it," Shaw says. "It just goes to show the living proof that expectations
rise above that which is expected."
Some linguists still contend, however, that the term "Bushonics" is being
used as a crutch to excuse poor grammar and sloppy logic.
"I'm sorry, but these people simply don't know how to talk properly," says
Thomas Gayle, a speech professor at Stanford University. Professor Gayle
was raised by Bushonic parents, and says he occasionally catches himself
lapsing into the dialect.
"When it happens, it can be very misconcerting," Gayle says. "I understand
Bushonics. I was one. But under full analyzation, it's really just an
excuse to stay stupider."
It's talk like that that angers many Bushonics speakers, who say they're
routinely the victims of prejudice.
"The attacks on Bushonics demonstrate a lack of compassion and amount to
little more than hate speech," says a prominent Bushonics leader who spoke
on the condition that his quote be "cleaned up."
Increasingly, members of the Bushonics community are fighting back. Lisa
Shaw's Crawford-based group is pressing the local school board to institute
bilingual classes, and to eliminate the study of English grammar
altogether. "It's an orientation of being fairness-based," Shaw says. A
Bushonics group in New England has embarked on an ambitious project to
translate key historical documents into the dialect, beginning with the
Bill of Rights. (For instance, the Second Amendment rendered into Bushonics
reads: "Guns. They're American, for the regulated militia and the people to
bear. Can't take them away for infringement purposes. Not never.")
Bushonics activists say they'll keep fighting as long as there are still
children who come home from school crying because their classmates can't
understand a word they're saying. Lisa Shaw hopes that every American will
heed the words of the nation's No. 1 Bushonics speaker, and vow to be a
uniter, not a divider.
"We shouldn't be cutting down the pie smaller," Shaw says with quiet
dignity. "We ought to make the pie higher."
--------------------------------------------------------------------------------
Bushonics speakers strike back
We're mad as hell and we won't be misunderestimated anymore!
By Tom McNichol
March 19, 2001 | The day Lisa Shaw's son Tyler came home from school with
tears streaming down his cheeks, the 34-year-old Crawford, Texas,
homemaker, knew things had gone too far.
"All of Tyler's varying and sundry friends was making fun of the way he
talked," Shaw says. "I am not a revengeful person, but I couldn't let this
behaviorism slip into acceptability. This is not the way America is about."
Shaw and her son are two of a surprising number of Americans who speak a
form of nonstandard English that linguists have dubbed "Bushonics," in
honor of the dialect's most famous speaker, President George W. Bush. The
most striking features of Bushonics -- tangled syntax, mispronunciations,
run-on sentences, misplaced modifiers and a wanton disregard for
subject-verb agreement -- are generally considered to be "bad" or
"ungrammatical" by linguists and society at large.
But that attitude may be changing. Bushonics speakers, emboldened by the
Bush presidency, are beginning to make their voices heard. Lisa Shaw has
formed a support group for local speakers of the dialect and is demanding
that her son's school offer "a full-blown up apologism." And a growing
number of linguists argue that Bushonics isn't a collection of language
"mistakes" but rather a well-formed linguistic system, with its own
lexical, phonological and syntactic patterns.
"These people are greatly misunderestimated," says University of Texas
linguistics professor James Bundy, himself a Bushonics speaker. "They're
not lacking in intelligence facilities by any stretch of the mind. They
just have a differing way of speechifying."
It's difficult to say just how many Bushonics speakers there are in
America, although professor Bundy claims "their numbers are legionary."
Many who speak the dialect are ashamed to utter it in public and will only
open up to a group of fellow speakers. One known hotbed of Bushonics is
Crawford, the tiny central Texas town near the president's 1,600-acre
ranch. Other centers are said to include Austin and Midland, Texas, New
Haven, Conn., and Kennebunkport, Maine.
Bushonics is widely spoken in corporate boardrooms, and has long been
considered a kind of secret language among members of the fraternity Delta
Kappa Epsilon. Bushonics speakers have ascended to top jobs at places like
the Internal Revenue Service and the Department of Health and Human
Services. By far the greatest concentration of Bushonics speakers is found
in the U.S. military. Former Secretary of State Alexander Haig is only the
most well known Bushonics speaker to serve with distinction in America's
armed forces. Among the military's top brass, the dialect is considered to
be the unofficial language of the Pentagon.
Former President George H.W. Bush spoke a somewhat diluted form of the
dialect that bears his family's name, which may have influenced his choice
for vice president, Dan Quayle, who spoke an Indiana strain of Bushonics.
The impressive list of people who speak the dialect is a frequent topic at
Lisa Shaw's weekly gathering of Bushonics speakers. That so many members of
their linguistic community have risen to positions of power comes as a
comfort to the group, and a source of inspiration.
"We feel a good deal less aloneness, my guess is you would want to call
it," Shaw says. "It just goes to show the living proof that expectations
rise above that which is expected."
Some linguists still contend, however, that the term "Bushonics" is being
used as a crutch to excuse poor grammar and sloppy logic.
"I'm sorry, but these people simply don't know how to talk properly," says
Thomas Gayle, a speech professor at Stanford University. Professor Gayle
was raised by Bushonic parents, and says he occasionally catches himself
lapsing into the dialect.
"When it happens, it can be very misconcerting," Gayle says. "I understand
Bushonics. I was one. But under full analyzation, it's really just an
excuse to stay stupider."
It's talk like that that angers many Bushonics speakers, who say they're
routinely the victims of prejudice.
"The attacks on Bushonics demonstrate a lack of compassion and amount to
little more than hate speech," says a prominent Bushonics leader who spoke
on the condition that his quote be "cleaned up."
Increasingly, members of the Bushonics community are fighting back. Lisa
Shaw's Crawford-based group is pressing the local school board to institute
bilingual classes, and to eliminate the study of English grammar
altogether. "It's an orientation of being fairness-based," Shaw says. A
Bushonics group in New England has embarked on an ambitious project to
translate key historical documents into the dialect, beginning with the
Bill of Rights. (For instance, the Second Amendment rendered into Bushonics
reads: "Guns. They're American, for the regulated militia and the people to
bear. Can't take them away for infringement purposes. Not never.")
Bushonics activists say they'll keep fighting as long as there are still
children who come home from school crying because their classmates can't
understand a word they're saying. Lisa Shaw hopes that every American will
heed the words of the nation's No. 1 Bushonics speaker, and vow to be a
uniter, not a divider.
"We shouldn't be cutting down the pie smaller," Shaw says with quiet
dignity. "We ought to make the pie higher."
A husband and wife were having dinner at a very fine restaurant when this absolutely stunning young woman comes over to their table,
gives the husband a big open-mouthed kiss, says she'll see him later and walks away.
His wife glares at him and says, "Who the hell was that?"
"Oh," replies the husband, "she's my mistress."
"Well, that's the last straw," says the wife. "I've had enough, I want a divorce."
"I can understand that," replies her husband, "but remember, if we get a divorce it will mean no more shopping trips to Paris, no more
wintering in Barbados, no more summers in Tuscany, no more Infinities and Lexuses in the garage and no more yacht club. But the decision is yours."
Just then, a mutual friend enters the restaurant with a gorgeous woman on his arm.
"Who's that woman with Jim? " asks the wife
"That's his mistress," says her husband.
"Ours is prettier," she replies.
gives the husband a big open-mouthed kiss, says she'll see him later and walks away.
His wife glares at him and says, "Who the hell was that?"
"Oh," replies the husband, "she's my mistress."
"Well, that's the last straw," says the wife. "I've had enough, I want a divorce."
"I can understand that," replies her husband, "but remember, if we get a divorce it will mean no more shopping trips to Paris, no more
wintering in Barbados, no more summers in Tuscany, no more Infinities and Lexuses in the garage and no more yacht club. But the decision is yours."
Just then, a mutual friend enters the restaurant with a gorgeous woman on his arm.
"Who's that woman with Jim? " asks the wife
"That's his mistress," says her husband.
"Ours is prettier," she replies.
Monday, February 24, 2003
LICENSE PLATE LIBERTIES
‘IRISH’ Gets a Pass, But Other Sentiments Are Banned
BY DAVID L. HUDSON JR.
Carol Ann Martin is proud of her Irish heritage—so proud that she’s had Irish-related license plates for seven years. But when the dual citizen Irish-American went to get a vanity plate reading simply "IRISH," Vermont’s Department of Motor Vehicles tried to stop her. The DMV prohibited plates referring to ethnic heritage.
Undaunted, Martin took her case to court. She even wore a headband to the state supreme court that had a leprechaun on it with shamrocks.
"I also had a button that read, ‘I’m not stubborn; I’m just Irish,’ " she says. . . .
‘IRISH’ Gets a Pass, But Other Sentiments Are Banned
BY DAVID L. HUDSON JR.
Carol Ann Martin is proud of her Irish heritage—so proud that she’s had Irish-related license plates for seven years. But when the dual citizen Irish-American went to get a vanity plate reading simply "IRISH," Vermont’s Department of Motor Vehicles tried to stop her. The DMV prohibited plates referring to ethnic heritage.
Undaunted, Martin took her case to court. She even wore a headband to the state supreme court that had a leprechaun on it with shamrocks.
"I also had a button that read, ‘I’m not stubborn; I’m just Irish,’ " she says. . . .
This is not very charitable either!
> Subject: Ahhh, the French!
>
> Q: How many French troops does it take to defend Paris?
> A: No one knows. It's never been tried.
> Q: What do you call 100,000 Frenchmen with their hands up?
> A: The Army.
> Q: How many gears does a French tank have?
> A: Five. Four in reverse, and one forward gear (in case the enemy
> attacks from
> behind).
> Q: What will France's greatest war contribution be to Iraq?
> A: Teaching them how to surrender.
> Q: What's the difference between a Frenchman and an onion?
> A: Nobody cries when you cut up a Frenchman.
> Q: Why are the streets of Paris lined with trees?
> A: So the Germans, or any other invaders, can march in the shade.
> FOR SALE: French rifles...never fired, only dropped once.
> Subject: Ahhh, the French!
>
> Q: How many French troops does it take to defend Paris?
> A: No one knows. It's never been tried.
> Q: What do you call 100,000 Frenchmen with their hands up?
> A: The Army.
> Q: How many gears does a French tank have?
> A: Five. Four in reverse, and one forward gear (in case the enemy
> attacks from
> behind).
> Q: What will France's greatest war contribution be to Iraq?
> A: Teaching them how to surrender.
> Q: What's the difference between a Frenchman and an onion?
> A: Nobody cries when you cut up a Frenchman.
> Q: Why are the streets of Paris lined with trees?
> A: So the Germans, or any other invaders, can march in the shade.
> FOR SALE: French rifles...never fired, only dropped once.
Below is the information on where to locate Tax Liens
You can find records of Federal and state tax liens against individual and corporate taxpapers by searching ...
a. Lexis http://www.lexis.com/ in the LIENS library and/or
b. ChoicePointOnline http://www.choicepointonline.com/ and/or
c. KnowX.com http://www.knowx.com/ and/or
d. Westlaw http://www.westlaw.com/, which has records only for corporations and only in selected states.
Filing Offices: To find out where a Federal tax lien notice would be filed for a particular location, see the chart at Paragraph 38160.205 of the the CCH Standard Federal Tax Reporter.
You can find records of Federal and state tax liens against individual and corporate taxpapers by searching ...
a. Lexis http://www.lexis.com/ in the LIENS library and/or
b. ChoicePointOnline http://www.choicepointonline.com/ and/or
c. KnowX.com http://www.knowx.com/ and/or
d. Westlaw http://www.westlaw.com/, which has records only for corporations and only in selected states.
Filing Offices: To find out where a Federal tax lien notice would be filed for a particular location, see the chart at Paragraph 38160.205 of the the CCH Standard Federal Tax Reporter.
Wednesday, February 19, 2003
Senator Clinton and her driver were cruising along a country road one evening when an old cow loomed in front of the car. The driver tried to avoid it, but couldn't and the old cow was killed.
Hillary told her driver to go up to the farmhouse and explain to the owners what happened. She stayed in the car making phone calls to lobbyists.
About an hour later, the driver staggered back to the car with his clothes in disarray. He was holding a bottle of expensive wine in one hand, an expensive Cuban cigar in the other and was smiling happily, smeared with lipstick.
"What happened?" asked Hillary.
Well," the driver replied, "the farmer gave me the wine, his wife gave me the cigar, and their beautiful twin daughters made mad passionate love to me."
"My God, what did you tell them?" asked Hillary.
The driver replied, "I said 'I'm Hillary Clinton's driver, and I just killed the old cow.'"
Hillary told her driver to go up to the farmhouse and explain to the owners what happened. She stayed in the car making phone calls to lobbyists.
About an hour later, the driver staggered back to the car with his clothes in disarray. He was holding a bottle of expensive wine in one hand, an expensive Cuban cigar in the other and was smiling happily, smeared with lipstick.
"What happened?" asked Hillary.
Well," the driver replied, "the farmer gave me the wine, his wife gave me the cigar, and their beautiful twin daughters made mad passionate love to me."
"My God, what did you tell them?" asked Hillary.
The driver replied, "I said 'I'm Hillary Clinton's driver, and I just killed the old cow.'"
Friday, February 14, 2003
FIRST ENDOWMENT FOR SECOND AMENDMENT
NRA Foundation Hoping for ‘Scholarly Research’ on Right to Bear Arms
BY JILL SCHACHNER CHANEN
In what may be the first endowment of its kind, an arm of the National Rifle Association has pledged $1 million to create a professorship of Second Amendment law at George Mason University law school in Arlington, Va.
NRA Foundation Hoping for ‘Scholarly Research’ on Right to Bear Arms
BY JILL SCHACHNER CHANEN
In what may be the first endowment of its kind, an arm of the National Rifle Association has pledged $1 million to create a professorship of Second Amendment law at George Mason University law school in Arlington, Va.
THE MOST THANKLESS TASK
Paper Clips and Complaining Attorneys Make Office Managers Surly
BY THE RODENT
In a column I wrote for this publication a few months ago, I made a couple of possibly unflattering references to estate planning attorneys. I got a lot of mail out of that one. Now, I think it might be time to turn my attention to another member of The Firm’s cast of characters: the office manager.
It’s not that office managers are bad people. My guess is that most are formerly good people who have become unpopular by dint of what they do for a living.
Law office administrators have the most difficult job at The Firm. They have to decide which secretary works with which attorney, plan office functions, hire and fire staff, keep expenditures within The Firm’s budget and assign office furniture. While they may be able to escape being blamed for the commission of legal malpractice or the loss of a client (this is what junior associates are for), virtually any other problem at The Firm is pinned on the office manager.
One law firm chairman compared managing a law firm to "leading the opera with 75 prima donnas trying to sing at once." The office manager’s mission is to keep a large group of temperamental, demanding people with diverse interests happy and the office running smoothly.
Mission: Impossible.
As with any group of people, it would be wrong to say that office managers are all alike. They do, however, fit quite nicely into two categories within which gross generalizations can be accurately made.
The first type of office administrator is a former secretary, paralegal or recruiting coordinator who either distinguished himself in his former position or, as is more likely the case, was picked for the job on the spur of the moment when his predecessor either was fired, quit or otherwise was run out by law firm colleagues.
He isn’t trained to run an office, but he is bright enough to learn quickly. Besides, how hard can it be to do an impossible job? The most important thing is that people like him and his winning personality—just what The Firm needs to get over the person who previously held the job.
The second type of office manager holds a graduate degree in human resources, professional administration or some such. She has, very obviously, attended scores of leadership seminars and listened to a few too many motivational tapes.
Office managers, be they personable or Ph.Ds., enjoy a honeymoon of about a day and a half. It all begins to come crashing down after that first executive decision. The following scenario is typical:
The office administrator decides to purchase plastic paper clips instead of the cheaper metal ones the Firm has been using. A penny-pinching partner notices the additional expenditure and raises the issue at the next partnership meeting. Meanwhile, attorneys and staff complain about the new paper clips and begin to badmouth the manager and question his abilities.
After the paper clip debacle, the office manager is second-guessed on everything he does.
Fighting the good fight gets the embattled office administrator nowhere, and he starts to lose his battle for survival. The perennial smile disappears, and he is now disheartened and looks so depressed that people start mistaking him for an attorney.
By the time he actually leaves, he never wants to see another lawyer or law firm again for as long as he lives (except, of course, the lawyer and law firm he hires to sue The Firm upon his departure).
©2003 ABA Journal
Paper Clips and Complaining Attorneys Make Office Managers Surly
BY THE RODENT
In a column I wrote for this publication a few months ago, I made a couple of possibly unflattering references to estate planning attorneys. I got a lot of mail out of that one. Now, I think it might be time to turn my attention to another member of The Firm’s cast of characters: the office manager.
Law office administrators have the most difficult job at The Firm. They have to decide which secretary works with which attorney, plan office functions, hire and fire staff, keep expenditures within The Firm’s budget and assign office furniture. While they may be able to escape being blamed for the commission of legal malpractice or the loss of a client (this is what junior associates are for), virtually any other problem at The Firm is pinned on the office manager.
One law firm chairman compared managing a law firm to "leading the opera with 75 prima donnas trying to sing at once." The office manager’s mission is to keep a large group of temperamental, demanding people with diverse interests happy and the office running smoothly.
Mission: Impossible.
As with any group of people, it would be wrong to say that office managers are all alike. They do, however, fit quite nicely into two categories within which gross generalizations can be accurately made.
The first type of office administrator is a former secretary, paralegal or recruiting coordinator who either distinguished himself in his former position or, as is more likely the case, was picked for the job on the spur of the moment when his predecessor either was fired, quit or otherwise was run out by law firm colleagues.
He isn’t trained to run an office, but he is bright enough to learn quickly. Besides, how hard can it be to do an impossible job? The most important thing is that people like him and his winning personality—just what The Firm needs to get over the person who previously held the job.
The second type of office manager holds a graduate degree in human resources, professional administration or some such. She has, very obviously, attended scores of leadership seminars and listened to a few too many motivational tapes.
Office managers, be they personable or Ph.Ds., enjoy a honeymoon of about a day and a half. It all begins to come crashing down after that first executive decision. The following scenario is typical:
The office administrator decides to purchase plastic paper clips instead of the cheaper metal ones the Firm has been using. A penny-pinching partner notices the additional expenditure and raises the issue at the next partnership meeting. Meanwhile, attorneys and staff complain about the new paper clips and begin to badmouth the manager and question his abilities.
After the paper clip debacle, the office manager is second-guessed on everything he does.
Fighting the good fight gets the embattled office administrator nowhere, and he starts to lose his battle for survival. The perennial smile disappears, and he is now disheartened and looks so depressed that people start mistaking him for an attorney.
By the time he actually leaves, he never wants to see another lawyer or law firm again for as long as he lives (except, of course, the lawyer and law firm he hires to sue The Firm upon his departure).
©2003 ABA Journal
Thursday, February 13, 2003
Knowledge Management Research Center
How Siemens Keeps KM Blooming - Knowledge Management Research Center - CIO
While knowledge management (KM) programs may seemingly sprout up out of cracks in the sidewalk, they are in fact tender plants that require cultivation, care and feeding. Siemens, the huge German conglomerate with 426,000 employees in 190 countries, knows this and nurtures its KM with hands-on management and constant tweaking.
How Siemens Keeps KM Blooming - Knowledge Management Research Center - CIO
While knowledge management (KM) programs may seemingly sprout up out of cracks in the sidewalk, they are in fact tender plants that require cultivation, care and feeding. Siemens, the huge German conglomerate with 426,000 employees in 190 countries, knows this and nurtures its KM with hands-on management and constant tweaking.
KeyCite or Shepard's Citators? Which is better? How do they compare? Should I use one, the other or both? Is it still good law? What does the Lawgiver say?
Wednesday, February 12, 2003
Feature Article:
Stop Worrying Yourself Out of Profits, Part Three, By Van K. Tharp
How to deal with worry
How do you manage worry? If you can discover how you worry, then a simple solution to the problem is to do something else. If the new solution doesn't work, then again do something else. Keep changing your approach until you find something that does work. This does not necessarily mean changing your trading system. If you execute a system poorly, you will execute a new system poorly. "Changing your approach" means to change how you think, how you make decisions, how you execute your system.
This solution is simple, but most people find it very difficult to accomplish because they are locked into certain patterns. Changing the way you think and perceive the world is not always easy. To change the way you think, you must first discover how you start the worrying process. Being objective about your own thinking is difficult while you are doing it, but much easier later when you can try two techniques to discover how you start worrying. The first exercise is to review a past, painful market experience. It is the quickest way to discover how you worry. You need only recall what happened just before the painful experience. You have no need to replay the experience itself.
Review the experience as if you are watching a movie of yourself. Sit back in a chair and feel yourself in that chair watching yourself on a movie screen. As you watch your movie, determine what started the worry experience. Was it something you saw or read? Was it something you heard or something someone said? Was it a feeling? What happened next? Did you start talking to yourself? Seeing pictures? Did your self-talk and pictures trigger the bad feelings? How did you do it?
When people worry they typically get themselves into a negative feedback loop. They talk to themselves, which produces bad feelings which results in more negative talk followed by more bad feelings and on and on. Others see images which produce bad feelings which make the images worse and so on. What kind of loop do you produce? Once you discover how you start to worry and what kind of negative feedback loop you produce, figure out some ways to change it. Disrupt your loop in some way. If you say negative things to yourself, practice following those phrases with a picture of something pleasant. Try changing the quality of the voice you hear. If you say negative things to yourself, say it in the voice of some well-known cartoon character. Be creative. Do anything that is different until you find something that works for you. If you have trouble discovering how you worry from your past memories, then a second exercise is to keep a worry diary. When you feel anxious or worried about an investment, make a note of it in your diary. Do so at the time you are worrying. Don't put it off. Be sure to include the following information: What were you doing when you started to worry?
What triggered the worry?
Was it someone's actions?
A memory?
A visual image?
A feeling?
How did you go about worry?
What kind of a loop do you set up for yourself. Is this a new or an old pattern?
Later, when the experience passes, make a note in your diary about what you actually did. What could you have done instead? Also comment on your original diary entry. After recording your worry diary for several weeks, you can study it objectively. What kind of irrational fears do you have? How does worrying affect you as an investor? Most importantly, you can determine how you trigger an episode of worrying and how you go about worrying.
When you have a good idea how you I start to worry, select some changes you can make, such as those just suggested with the past memory technique. Become aware of when you start to worry and immediately select one of your changes. Once you discover how you go about worrying and have selected some alternative behaviors, practice using I them. If you do so diligently, then the process will soon become automatic. Imagine yourself in some future situation where you would normally worry and practice some of the alternatives you have selected. Once you can feel at ease in an imaginary situation you I should be able to deal with the real situation. Investors who go through this process frequently comment, "It's just not the same anymore. I don't know what happened, but it's not the same anymore."
This article is taken from the book " How to Control Stress To Become A More Successful Investor", the second volume of Dr. Tharp's five volume course on how to develop peak performance in the markets.
Stop Worrying Yourself Out of Profits, Part Three, By Van K. Tharp
How to deal with worry
How do you manage worry? If you can discover how you worry, then a simple solution to the problem is to do something else. If the new solution doesn't work, then again do something else. Keep changing your approach until you find something that does work. This does not necessarily mean changing your trading system. If you execute a system poorly, you will execute a new system poorly. "Changing your approach" means to change how you think, how you make decisions, how you execute your system.
This solution is simple, but most people find it very difficult to accomplish because they are locked into certain patterns. Changing the way you think and perceive the world is not always easy. To change the way you think, you must first discover how you start the worrying process. Being objective about your own thinking is difficult while you are doing it, but much easier later when you can try two techniques to discover how you start worrying. The first exercise is to review a past, painful market experience. It is the quickest way to discover how you worry. You need only recall what happened just before the painful experience. You have no need to replay the experience itself.
Review the experience as if you are watching a movie of yourself. Sit back in a chair and feel yourself in that chair watching yourself on a movie screen. As you watch your movie, determine what started the worry experience. Was it something you saw or read? Was it something you heard or something someone said? Was it a feeling? What happened next? Did you start talking to yourself? Seeing pictures? Did your self-talk and pictures trigger the bad feelings? How did you do it?
When people worry they typically get themselves into a negative feedback loop. They talk to themselves, which produces bad feelings which results in more negative talk followed by more bad feelings and on and on. Others see images which produce bad feelings which make the images worse and so on. What kind of loop do you produce? Once you discover how you start to worry and what kind of negative feedback loop you produce, figure out some ways to change it. Disrupt your loop in some way. If you say negative things to yourself, practice following those phrases with a picture of something pleasant. Try changing the quality of the voice you hear. If you say negative things to yourself, say it in the voice of some well-known cartoon character. Be creative. Do anything that is different until you find something that works for you. If you have trouble discovering how you worry from your past memories, then a second exercise is to keep a worry diary. When you feel anxious or worried about an investment, make a note of it in your diary. Do so at the time you are worrying. Don't put it off. Be sure to include the following information: What were you doing when you started to worry?
What triggered the worry?
Was it someone's actions?
A memory?
A visual image?
A feeling?
How did you go about worry?
What kind of a loop do you set up for yourself. Is this a new or an old pattern?
Later, when the experience passes, make a note in your diary about what you actually did. What could you have done instead? Also comment on your original diary entry. After recording your worry diary for several weeks, you can study it objectively. What kind of irrational fears do you have? How does worrying affect you as an investor? Most importantly, you can determine how you trigger an episode of worrying and how you go about worrying.
When you have a good idea how you I start to worry, select some changes you can make, such as those just suggested with the past memory technique. Become aware of when you start to worry and immediately select one of your changes. Once you discover how you go about worrying and have selected some alternative behaviors, practice using I them. If you do so diligently, then the process will soon become automatic. Imagine yourself in some future situation where you would normally worry and practice some of the alternatives you have selected. Once you can feel at ease in an imaginary situation you I should be able to deal with the real situation. Investors who go through this process frequently comment, "It's just not the same anymore. I don't know what happened, but it's not the same anymore."
This article is taken from the book " How to Control Stress To Become A More Successful Investor", the second volume of Dr. Tharp's five volume course on how to develop peak performance in the markets.
Tuesday, February 11, 2003
Municipal Codes This page provides Links to city and county codes available for unrestricted searching on the World Wide Web.
(For state codes and related legal sources, see FindLaw's State Resources Indexes.)
Code Publishers
(For state codes and related legal sources, see FindLaw's State Resources Indexes.)
Code Publishers
Saturday, February 08, 2003
Kylie news segment on Australia's Current Affair discussing the launch of her lingerie line at Selfridges London, her vacation, and her American break.
Friday, February 07, 2003
Searching Patents on Government Databases on the Web"
By Ron Kaminecki
You have an idea that you wish to patent but are uncertain of how to conduct a proper search of the literature (a.k.a. a search of the prior art) so that you can determine if your idea is novel.
You may have heard that searching patents is difficult, but it is possible to do a reasonable search inexpensively on the Internet if you spend sufficient time at the appropriate websites and you know of some of the nuances of the patent system.
"Patent Searching Without Words - Why Do It, How To Do It?"
By Stephen Adams
In January 2002, Ron Kaminecki of Dialog wrote an article in Free Pint in which he described some of the basic principles and sources for patent searching. I would like to extend his work a little, and describe some alternative approaches.
In the commercial world, there are two important reasons why a company should consult the patent literature. Firstly, to be forewarned about the risk of accidentally infringing someone else's patent. Secondly, if the search draws a blank and it appears that no-one else has patent protection, this fact will help a patent attorney in the process of drafting your own application.
In both cases, our fundamental target is the same - to identify one or more patents which are 'about' the same invention. Our search strategy must try to describe the technology using search terms which will capture other documents with the same degree of 'about-ness'. To put it another way, we are looking for concepts rather than a mere match of words.
By Ron Kaminecki
You have an idea that you wish to patent but are uncertain of how to conduct a proper search of the literature (a.k.a. a search of the prior art) so that you can determine if your idea is novel.
You may have heard that searching patents is difficult, but it is possible to do a reasonable search inexpensively on the Internet if you spend sufficient time at the appropriate websites and you know of some of the nuances of the patent system.
"Patent Searching Without Words - Why Do It, How To Do It?"
By Stephen Adams
In January 2002, Ron Kaminecki of Dialog wrote an article in Free Pint in which he described some of the basic principles and sources for patent searching. I would like to extend his work a little, and describe some alternative approaches.
In the commercial world, there are two important reasons why a company should consult the patent literature. Firstly, to be forewarned about the risk of accidentally infringing someone else's patent. Secondly, if the search draws a blank and it appears that no-one else has patent protection, this fact will help a patent attorney in the process of drafting your own application.
In both cases, our fundamental target is the same - to identify one or more patents which are 'about' the same invention. Our search strategy must try to describe the technology using search terms which will capture other documents with the same degree of 'about-ness'. To put it another way, we are looking for concepts rather than a mere match of words.
Thursday, February 06, 2003
Kylie's million knicker
By ERICA DAVIES Fashion Editor
KYLIE MINOGUE showed off her sexy new underwear yesterday and shoppers were desperate to get them.
The Aussie singing sensation hopes to make a million with her undies and from the way they were selling that’s a sure thing.
We revealed the LoveKylie range in The Sun last week and here Page 3 girls Nikkala and Serena show them off at their best.
Kylie launched her lingerie at London store Selfridges where the range will be sold exclusively. . . .
Monday, February 03, 2003
Knowledge Management Study of Legal Profession Commissioned
January 13, 2003
The Legal Technology Institute at the University of Florida Fredric G. Levin College of Law is commissioned by PricewaterhouseCoopers and Legal Research Center to conduct an international study of Knowledge Management in the legal profession.
January 13, 2003
The Legal Technology Institute at the University of Florida Fredric G. Levin College of Law is commissioned by PricewaterhouseCoopers and Legal Research Center to conduct an international study of Knowledge Management in the legal profession.
Sunday, February 02, 2003
Tired of getting junk email?
Here is a handy script that you can add to your webpage to hide your email address from email robots (harvesters). Simply modify the address, domain and extension in the script below. Then paste it into your web pages anywhere you wish to have your email address appear on the page. Email Harvesters are then unable to read your email address - saving you from spam!
Here is a handy script that you can add to your webpage to hide your email address from email robots (harvesters). Simply modify the address, domain and extension in the script below. Then paste it into your web pages anywhere you wish to have your email address appear on the page. Email Harvesters are then unable to read your email address - saving you from spam!
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