April 4, 2009 Beyond Negligence: Intentional and Strict Liability in the Third Restatement The second panel yesterday covered two topics: "Beyond Negligence: Intentional and Strict Liability Torts and An Integrated Third Restatement." Ellen Bublick (Arizona), Ellen Pryor (SMU) and Ken Simons (BU) presented. The panel was moderated by ALI Deputy Director Elena Cappella. Jerry Palmer (Palmer, Leatherman) and Ralph Jacobs (Jacobs & Singer LLC) provided commentary.
Pryor is the co-ordinating reporter for the remaining portions of R3. She discussed "Restatement Third of Torts: Coordination and Continuation" (pdf).
Pryor explained the "coordination project," which addresses the need to reconcile terminology in the 3 completed/nearly complete projects and ensure the same coordination in future projects. Pryor noted that the work is pretty much done on the 3 completed/near complete projects, though not yet approved. Pryor also noted the working group's agreement that the goal should be a full R3 of Torts that will completely supplant the R2. She then identified the major topics that should be included in the R3: accidental physical and emotional harm, products liability, apportionment, damages for accidental physical and emotional harm, intentional torts to persons, economic torts, torts relating to interests in land and water, and defamation & privacy.
The first three are complete or near-complete. Cappella noted that the first 6 chapters of the Liability for Physical Harms project will comprise the first volume of the R3, which will be voted on by the ALI in May.
Bublick presented "The Restatement (Third) of Torts: Liability for Intentional Physical Harms" (pdf).
Bublick discussed the need for a R3 on intentional torts to persons. Bublick proposed a binary structure modeled on the R3 for physical and emotional harm - those who intentionally cause physical harm are subject to liability with an accompanying non-liability provision to except cases where liability is inapt. Bublick anticipated challenges with the trespassory torts, which do not fit within this baseline rule of physical harm, and similar challenges with the false imprisonment & assault torts. Bublick suggested that perhaps the project could regroup the intentional torts into two categories: (1) intentional physical injury to persons and (2) intentional dignitary and emotional injuries to persons.
Simons examined R3's treatment of strict liability doctrines. He noted that the R3's comments suggest 5 rationales for strict liability, and he divided the rationales into two broad categories of economic incentives and fairness incentives. In the economic category, he noted the incentive for the injurer to optimize the level of care, and the incentive for the injurer to optimize the level of activity. In the fairness category, he placed nonreciprocal risk, nonreciprocal benefit, and "exclusive causation," i.e., the defendant was the exclusive cause of theharm. Simon also explained that the R3 rejects loss-spreading as a rationale for strict liability. Simon commented that given these strong rationales, one would expect strict liability to apply in a wide range of circumstances. He found that the doctrine was not co-extensive with the rationales, and concluded that that a likely reason for the confined scope of the doctrine is that strict liability is palatable only when its burdens and effects are modest.
During the Q&A, Mark Geistfeld (NYU) described strict liability as "the conscience of tort law," and noted that the rationales for strict liability have implications for tort law as a whole. Geistfeld argued that it was a mistake for the R3 to excise any social values consideration in the strict liability rationales. He agreed that the R3 was being faithful to the case law in this regard, but urged that the R3 should educate courts.
During the commentary, Palmer suggested that the R3 consider giving attention to guns under strict liability, and Jacobs urged future work on economic torts.
You can listen to this panel here.
- SBS
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Are you aware of one of the greatest truths revealed in the Bible? Did you know it is possible for you to know right here and now, with absolute certainty, that the moment you die, you can enjoy the presence of God forever. God wants you to know that salvation can be secured by His faithfulness and power to all who trust the Savior Jesus Christ. The apostle John, under the inspiration of the Holy Spirit revealed this wonderful truth as the purpose for one of his letters, "I write these things to you who believe in the name of the Son of God so that you may know that you have eternal life." (1 John 5:13) Anyone who repents from trusting in things that cannot save them (Hebrews 6:1) and puts all their trust in Jesus will never face the condemnation of God 's wrath. Jesus said, I tell you the truth, whoever hears my word and believes Him who sent me has eternal life and will not be condemned, he has crossed over from death to life" (John 5:24).
All believers have a special relationship with God. To all who have received Christ, "to those who believed in His name, He gave the right to become children of God---children not born of natural descent, nor of human decision or a husband's will, but born of God." (John 1:12,13). The relationship God the Father has with His children is an eternal relationship (John 8:35). It is permanent. Nothing will ever separate His children from His love (Romans 8:35-39). Our heavenly Father will discipline His children (Hebrews 12:10-11), but He will never condemn them. In a way it is similar to the unchanging relationship we have with our earthly parents. Nothing we could ever do will change who our parents are.
Most people go through life hoping they will go to heaven when they die. They hope, after living a good enough life, they will receive favor from God and a place in His Kingdom. Roman Catholics are taught they receive salvation through water baptism, but they can lose it in an instant by committing a mortal sin. Only by confessing the sin to a priest and doing penance can they be justified again. This cycle is often repeated hundreds of times in a Catholic's life.
Those who depend on their personal righteousness, performing good works, or adhering to a religious system, can never be assured of salvation. They will never know if they have ever done enough. It seems absurd to put your faith in what you can do instead of what God has done. Those who believe God's word know that "salvation by grace" means to trust solely in the source of grace --- Jesus Christ. When salvation depends on God there is no chance for failure. A wonderful acronym for G-R-A-C-E is God's Riches At Christ's Expense. Whenever man is involved in attaining and preserving salvation there can be no assurance.
We have assurance through the Father. Some believe it is possible to walk away from God or renounce your faith and lose your salvation? Jesus said no one has the power to do so. "I give them eternal life, and they shall never perish . . . My Father, who has given them to Me, is greater than all, no one can snatch them out of my Father's hand" (John 10:28-29). The Father has the power to assure the life Jesus gives is everlasting, not temporal or perishable.
We have assurance through Jesus Christ. Christians are often accused of being self-righteous and boastful because they know for sure they are going to heaven. The accusers fail to understand it is not what man does for God that qualifies him for heaven, but what God has done for man. God made His holy and perfect Son become sin for us, so we could become the righteousness of God in Christ (2 Corinthians 5:21). "We have been made holy through the sacrifice of the body of Jesus Christ, once for all...by one sacrifice he has made perfect forever those who are being made holy" (Hebrews 10:10,14).
The Catholic Church teaches that mortal sin results in the loss of eternal life. John refuted this teaching in his first epistle when he encouraged believers not to sin. "But if anybody does sin, we have one who speaks to the Father in our defense---Jesus Christ, the Righteous One. He is the atoning sacrifice for our sins" (1 John 2:1-2). This comforting truth is also revealed in Hebrews 7:25, "He (Jesus) is able to save completely those who come to God through Him, because He always lives to intercede for them.
We also have assurance through the Holy Spirit. Many skeptics refuse to believe that a repentant sinner can simply believe the Gospel and be assured of eternal life? Yet the Apostle Paul could not make it any more clear, "You also were included in Christ when you heard the word of truth, the Gospel of your salvation. having believed, you were marked in him with a seal, the promised Holy Spirit, who is a deposit guaranteeing our inheritance (Ephesians 1:13-14). The moment anyone understands and believes the Gospel, they are sealed and indwelt by the Holy Spirit, who guarantees they will be co-heirs with Christ (Romans 8:17).
We have assurance through God's promises. The gift of salvation is secured forever by the faithfulness of God. He promises never to take back the gifts He has given. "God's gifts and His call are irrevocable" (Romans 11:29). His "promise comes by faith , so that it may be by grace and may be guaranteed" to those who have the faith (Romans 4:16). "And if by grace, then it is no longer by works, if it were, grace would no longer be grace" (Romans 11:6). Paul is making it crystal clear that salvation can only be assured when a repentant sinner receives it as a gift of God's grace. Anyone who believes that salvation can be earned nullifies God's grace. Whenever man is involved in attaining and preserving his salvation, there can be no assurance.
This may be your first exposure to the great biblical truth of eternal security. If you want to be certain of your salvation, then put aside any teaching, experience or feeling that opposes the Word of God. You will never have the subjective feeling of assurance until you comprehend and believe the objective truth of the Gospel. Once you do, you will be more certain of living eternally in heaven than one more day on earth.


The red line running throughout my work is the fascination for the human body and its potential to express aspects of the human condition. I am interested in how the fragmented body can express human suffering -suffering caused by struggles we are confronted with through our mortal nature and mankind’s position towards nature, society and culture. Since the burden of human suffering often reflects itself in physical form, the human body forms an important starting point. To express vulnerable bodily features, I experiment with organic materials, which deform, decay, dry, wrinkle and shrivel; reminding us of our own flesh and skin.
These stages remain visible as traces of a process -a life once lived. The combination of these fragile pieces with sewn seams, metal hooks and piercing pins, underlines their fragility. During the process I investigate how the fragmentary state cries out for completion. To me, this is a crucial aspect of jewelry: pieces crave for another body to become more complete. Furthermore the pieces –as wearable body fragments- communicate with the living body of the wearer: they confront us with our mortality, but are simultaneously cherished by the body they are reunited with.


Why the Concern There's been a lot of talk in the news about overweight kids, and for good reason. First Lady Michelle Obama has even gotten involved. Her campaign, "Let's Move"—supported by the American Academy of Pediatrics (AAP)—is focused on preventing childhood obesity and getting kids physically active.
Research has found a strong connection between the weight of these little people and what their weight will be like when they are adults. As the obesity epidemic becomes more widespread, it's of the utmost importance that parents play an active role in the nutrition and activity level of their children, right from the beginning.
For Kelly Pasquariello-Wadel of Tampa, Florida, the toddler weight issue is one that she and her husband have struggled with. "I'm concerned because my husband and I both have a tendency to be overweight, and I don't want that for my kids," Wadel says. "Also, as a teacher, I saw how hard it was for the little ones who were overweight."
In February 2010, the online edition of the journal Clinical Pediatrics published a study that found the obesity "tipping point" often occurs before a child reaches the age of 2—and sometimes as early as 3 months. Earlier research (Pediatrics, 2006) had already determined that what a child weighed as early as the age of 2 or 3 was a factor in what they weighed when they were 12.


It is essential to control shivering as soon as it is recognized during the cooling process. Shivering is the body’s only warming mechanism, and it needs to be controlled to blunt the body’s thermoregulatory defenses.14 A variety of pharmacologic strategies are available, and for EMS the most practical are either fentanyl or benzodiazepine boluses that can be followed by infusions as necessary. If these methods fail, propofol (10–50 mcg/kg/min) provides both vasodilation and an active lowering of the shivering threshold; it is used by some EMS and many specialty-care transport systems. Should these methods fail to suppress shivering, consider paralytics, depending on availability.4
Skin temperature is suspected to influence an increase in shivering by as much as 20%. Thus, applying transient skin warming methods (e.g., a blanket) can warm the skin and blunt shivering while allowing the core to remain cool.14 Interestingly, this raises question over the true benefit of direct cooling on the axilla, groin and neck, as these cooling methods may be blunted by the shivering they produce as the skin first cools.
Future Uses Since at least 2006, physicians have been researching the benefits of cooling for patients experiencing acute stroke.3 In one study awake stroke patients were cooled to 33.4°C within 1.7 hours and maintained cold for 24 hours. None of these patients experienced complications; this seems to support the feasibility of using TH for stroke care.15 A 2007 review of animal studies found cooling the brain during acute ischemic events within 3 hours reduced infarct size and nearly completely abolished the ischemic region.16 This review concluded there are true beneficial neuroprotective properties to therapeutic hypothermia during stroke, but that the ideal cooling method, rate and duration were unknown.16 Finally, a multicenter study published in 2010 by the same author demonstrated that endovascular TH of acute stroke patients following tPA administration was safe.17
Hypothermia has been demonstrated to reduce intracranial pressure following severe traumatic brain injuries, particularly in children. At this point, however, its benefit for improving neurological outcomes has not been proven.2 The hope is that with more research, appropriately applied hypothermia can reduce the secondary effects from evolving injuries and inflammation that occur following TBI. It is theorized to reduce mortality and improve neurological outcomes (having the greatest benefits when used for at least 48 hours) but not be as helpful when ICP is initially high or when barbiturates are used at high doses.4
Therapeutic hypothermia is also being researched for benefits to patients receiving PCI for STEMI.3 One animal study found that rapid cooling during a simulated left ventricular myocardial infarction preserved LV function, reduced injury size and preserved mitochondrial function.18
Since May 2005 the National Institute of Child Health and Human Development has supported the use of therapeutic hypothermia for neonates suffering from hypoxic-ischemic encephalopathy, while acknowledging more research is needed.2
Who Should be Cooled Down Most studies of TH for post-cardiac arrest patients have excluded children, and some have excluded women of childbearing years.3 This does not mean these patients cannot be cooled, just that these patient groups haven’t been studied for TH following cardiac arrest. General inclusion criteria for patient cooling following prehospital cardiac arrest are as follows:4 At least 18 years old; Time from arrest to ROSC less than 60 mins.; At least 5 minutes of CPR performed; SBP greater than 90 mmHg (MAP greater than 60) with only one vasopressor; GCS less than 9; Less than 6 hours since ROSC. In the 2010 AHA guidelines, therapeutic hypothermia is described as a helpful therapeutic approach for patients who remain without meaningful response to verbal commands following ROSC.8 With these guidelines, TH between 32°–34°C for 12–24 hours was listed as a Class I, LOE B recommendation for patients presenting in VF, and a Class IIb, LOE B for patients presenting in PEA and asystole. This last recommendation was further supported in 2011 with a study demonstrating that TH does not reduce mortality for patients with asystole/PEA.9
Currently TH is recommended to be administered within 6 hours of ROSC, with a preference for the earliest possible initiation. There is clear data showing that the earlier TH is initiated, the better outcomes become.10


NAVIGATE Rupee to appreciate later this year, says Standard Chartered No bank loans for large corporates, inflation up on base affect not demand and supply June 24, 2012, 12:00 pm* Policy rates to remain unchanged, growth to slowdown * CBSL FDI target maybe stretched, BOP surplus less than hoped for * Exporters keeping away from forex market exacerbating pressure on exchange rate
The most recent Standard Charted Bank ‘On the Ground’ series of research reports says the rupee is expected to appreciate from the third quarter of this year and policy interest rates kept steady with credit growth easing as many banks are not lending to large corporates to finance factory expansions and other capacity initiatives.
"We remain optimistic on the LKR over the medium term and expect sustained appreciation from late Q3-Q4 onwards. While stable policy rates are a positive for the bond market, we have raised our T-bond yield forecasts for the remainder of 2012 due to fiscal-slippage concerns, hardening inflation and tight banking-system liquidity, which in our view are three factors that are likely to maintain upward pressure on the yield curve," the research report, authored by authored by Samantha Amerasinghe, Priyanka Kishore and Nagaraj Kulkarni, said.
Excerpts of the report follows:
Inflation edges higher but the economy is slowing down…
In its policy statement, the CBSL emphasised that "growth in private-sector credit in April in absolute terms slowed to LKR 18.7bn (a 31.7% y/y decline in absolute terms), well below the average monthly growth of LKR 51.8bn in Q1-2012"; it was the lowest reading in almost two years.
Anecdotal evidence shows that the 18% cap on bank lending has impacted industry; for instance, banks have been refusing loan requests from large corporates for factory expansion and other capacity-building initiatives.
Central bank data also shows that lending to the construction, trade and manufacturing sectors (as a percentage of total lending) declined by 2ppt each as at end-March 2012 versus the same period in 2011.
In addition, while export growth has slowed considerably (trade data, just released, shows a 9.2% dip in April 2012 exports, following the double-digit decline in March), it has been accompanied by a similar slowdown in import growth due to the CBSL’s policy measures to curb imports. As a consequence, the trade deficit has actually improved to USD 0.76bn from USD 1.1bn in November 2011.
On the inflation front, the central bank takes comfort from having kept inflation in single digits for the past three years. That said, it has been edging higher since February, when the CBSL implemented fuel-price hikes. Subsequently, inflation spiked in May to 7.0% y/y due to upward revisions to cement, gas and milk powder prices. We now forecast annual average inflation at 7.2% (higher than our previous estimate of 6.7% and the central bank’s 7.0% projection) as we have adjusted our inflation trajectory to take into account the stronger-than-expected May inflation print (our forecast was at 6.1%).
In our view, the expected uptrend in inflation can be primarily attributed to the lower base in 2011 and is not due to demand-side pressures or imported inflation, as it is clear that import-related credit has come down and is expected to fall further in the months ahead in response to the central bank’s tight policy measures. Furthermore, the recent decline in international oil prices and the easing of global commodity price pressures should help contain inflation.
Hence, we believe the CBSL is more concerned about the expected further export slowdown than the current uptrend in inflation, given that domestic demand is already showing signs of cooling down.
In a Reuter’s interview on 14 June, the Treasury Secretary indicated that further signs of weakness in export demand in the coming months may prompt the authorities to ease monetary policy to support growth. However, in light of elevated inflation pressures, we think there is little likelihood of policy-rate cuts and believe the central bank will keep rates on hold.
Capital inflows hold the key to the BoP surplus …
Sri Lanka’s balance of payments (BoP) deficit narrowed significantly to USD 251mn in Q1-2012 from USD 1.1bn in Q4-2011. This is largely due to a lower trade deficit; improved surpluses in services and current transfers due to sustained strong remittance inflows (up 16.6% y/y to USD 1.96bn) and tourism earnings (up 25.7% y/y) for the January to April period; and stronger inflows into the capital account.
Foreign direct investment (FDI) recorded inflows of USD 220mn during Q1-2012 compared with USD 197mn over the same period last year. We expect the capital account to further benefit from: (1) disbursement of the final USD 430mn tranche of the IMF Stand-By Arrangement (SBA) in July; (2) the upcoming sovereign bond issuance, which is likely to be between USD 500mn and USD 1bn; and (3) reports that further IMF funding in the form of a USD 500mn security arrangement is likely upon the completion of the SBA.
We look for a BoP surplus of USD 0.9bn in 2012 from a USD 1.06bn deficit in 2011, somewhat lower than the central bank’s USD 1.25bn projection. The authorities have targeted exports of USD 11.7bn in 2012, imports of USD 20.9bn and FDI of USD 2bn. We are concerned that export earnings and capital inflows may fall short of the authorities’ targets if global risk sentiment deteriorates.
Remittance inflows and tourism earnings (with the Twenty-20 cricket tournament scheduled for September 2012) in H2 should remain buoyant. With FDI inflows at only USD 313mn at end-May, the CBSL’s USD 2bn target appears to be a stretch. Our FDI forecast is lower, at USD 1.5bn. The authorities’ main concern is to ensure that their projected capital inflows materialise, hence a pro-growth policy stance would send out the right signal to investors, given the adverse global outlook.
Growth to moderate from Q2-2012 onwards …
The central bank has indicated that the slower recovery in the EU and US, Sri Lanka?s key export markets, poses downside risks to its 7.2% growth target. However, in its 13 June policy statement, the CBSL expressed that this target is well within reach. This confidence likely stems from the expected robust Q1-2012 GDP performance. The Q1-2012 GDP print (released on 18 June) was at 7.9% y/y (even higher than our bullish 7.5% estimate), driven mainly by construction (a 17.5% y/y increase) and tourism (up 25.7% y/y, as mentioned above).
Growth was broad-based across all key sectors, with the agricultural sector recording 11.5% y/y growth, largely due to the low base and floods in Q1-2011, which affected supply. The industrial sector grew by 10.8%, while services (which account for 60% of GDP) increased by 5.8%. A strong showing from the construction sector was anticipated prior to the release, as available data on cement production, a good proxy for construction sector activity, increased by 74.9% y/y in Q1-2012. We expect growth to moderate from Q2-2012 onwards on the back of lower export growth and slower domestic demand.
LKR – Local positives versus global challenges …
After gaining 15.2% in Q1-2012 (trough-to-peak), USD-LKR has traded largely sideways in Q2, albeit in a wide range. In the short term, several factors cloud the LKR outlook:
* The global backdrop remains challenging due to European sovereign risks and the recent downturn in global economic data. Though the Greek election outcome was market friendly, divisive Greek politics have limited the positive impact on risk appetite. That said, we note that the one-month correlation between daily returns in USD-LKR and the DXY index is almost negligible, at 0.06. Thus, domestic US dollar (USD) imbalances rather than broader risk sentiment are a more significant driver of the LKR.
* Sri Lanka’s BoP deficit narrowed significantly to USD 251mn in Q1-2012 from USD 1.1bn in Q4-2011. As the CBSL noted in its 13 June policy statement, policy measures to limit import demand have had a significant effect. Import growth fell to -3.3% y/y in April 2012 from +77.9% y/y in November 2011. However, a sharper slowdown in exports due to weak global growth has limited the positive impact on the trade deficit.
* Anecdotal evidence indicates that Sri Lankan exporters have been largely sidelined from the spot market, exacerbating the onshore USD shortage. However, this could change swiftly if sentiment improves in favour of the LKR due to a combination of policy measures and a revival of risk appetite.
As such, the risks appear quite balanced for the LKR into quarter-end and a pullback towards our Q2-end target of 128 cannot be ruled out in the coming days, especially if import demand remains muted. Also, the substantial depreciation in the currency year-to-date is likely to provide a floor below exports at some point, thereby leading to a narrower trade deficit.
Thus, we are optimistic on the LKR over the medium term and expect sustained appreciation from late Q3-Q4 onwards. Key to this view are the disbursement of the final USD 430mn tranche of the SBA facility, the upcoming sovereign bond issuance and reports that further IMF funding in the form of a USD 500mn security arrangement is likely upon the completion of the SBA. Together, these should return Sri Lanka’s BoP to a USD 0.9bn surplus in 2012 from a USD 1.06bn deficit in 2011," Standard Chartered Bank said.
Polls What’s Sri Lanka’s best overseas Test win?


Genetic relatedness discrimination in a eusocial rodent, Cryptomys anselli mole-rats. Abstract: Previous research has demonstrated that, irrespective of prior familiarity, both social and solitary rodent species respond differentially to odours of other individuals based on the degree of genetic relatedness between them. To investigate whether eusocial species also make odour-based genetic relatedness discriminations, male and female Ansell’s mole-rats (Cryptomys anselli) were exposed to ano-genital odours of unfamiliar opposite-sex conspecifics (one unrelated individual and one “estranged” sibling, from whom they had been separated for 27 days). Habituation tests with the odours of “estranged” siblings and courtship tests confirmed that the “estranged” siblings and their odours were treated as unfamiliar. Subjects spent significantly more time investigating unrelated individuals and their odours, than their “estranged” siblings and their odours, indicating discriminative behaviour toward less genetically similar individuals. The findings suggest that eusocial mole-rats can respond differentially to odours based on their degree of relatedness to the odour donors.
Dieser Eintrag ist freigegeben.


Even the smallest of car crashes can cause injuries to the human body. While the vehicle may not show signs of damage in little bumps up to 12 MPH, it is possible that the driver or passengers have sustained injuries at these low speeds. Over half of all whiplashes occur in accidents where the vehicle sustains no visible damage. After…


What is it about a whiteboard that binds us to commitment? List an idea on a whiteboard, and suddenly, it must be done. Thoughts are richer. Lists are more cohesive. A spark of imagination is recorded as truth.
Today, I wiped my whiteboard clean.
Normally, that 3 1/2 X 5-foot space is a brainstorming mecca. I write my ideas down before they float away. I organize, prioritize and then gaze at my mind-flow from behind my desk, thinking of all the greatness I will achieve when these ideas take fruition in the form of presentations, blog posts and well-managed projects.
Today, I wiped it clean before I even had the chance to embark on the list of 2013 goals I had begun developing long before January rolled around. I wiped them all away, first with the felt-backed eraser, then with the cleaning solution that came in the handy dry-erase marker set.
Gone are my plans…, and suddenly I feel freer and lighter than I did when I walked from my office yesterday.
I hadn’t expected the feeling of liberation I experienced when I took that first pass of the eraser across the board. Some words vanished with ease, but others had been in place for so long, they clung to the surface. Only thin strips disappeared, my ideas so permanent only sheer determination could clear them completely.
I scrubbed and scrubbed, sometimes with one hand clutched around the foam block, sometimes with both as I added more force. I didn’t want to see these thoughts any more. I didn’t want them taunting me from across the room.
Finally, they were gone entirely. In there place was a swirling film of red, blue and green. I launched a second assault with cleaning solution and paper towel. The colors cleared, and I was left with nothing but a blank field of white.
I stepped back, and unexpectedly sighed with relief.
I had been frustrated after meetings the previous day, having just found out I would be forced to realign my expectations in the aftermath of a corporate reorganization. I glared at the whiteboard this morning, knowing the goals I had set for myself would no longer help me succeed. The future seemed too uncertain to count on these plans. I could find no joy or excitement in reviewing them every time I lifted my eyes from my computer. They had to go.
Now with the remnants of carefully planned strategies physically wiped away, I can see clearer.
I see the freshness of things to come, the newness of things yet to experience. I am excited to discover what the next steps will be, and I am filled with anticipation of making new lists, setting new goals and proving myself on new territory.
Last week, in the wake of New Year’s celebrations, my whiteboard glowed with promise.
Yesterday, it screamed disappointment.
Today, it is clean, and I am ready to start over.
How do you handle things when faced with a significant change?
***This post was written as submission for The Daily Post Weekly Writing Challenge which tasked bloggers to creatively capture the theme “Starting Over.” I spent two days planning a light-hearted post on the Young One having to start over with her self-image when I decided she needed to grow out her bangs. Then corporate shake-up and reorganization happened. I ended up with a new boss with a new vision, and when I erased my whiteboard, I knew what I needed to post this week.


Traditional Evaluation We recognize that some companies may prefer a more traditional evaluation approach, so as part of our full roster of services, we offer more traditional training evaluation services, as well. Dave Basarab has over 25 years of using these evaluation approaches and can customize them to meet your needs. The traditional evaluation services we offer include:
Levels 1-4 Evaluation Success Case Evaluation Transfer Evaluation Impact Evaluation Evaluation is an integral part of most training and development efforts. Solid, proven evaluation tools and methodologies help determine the effectiveness of learning interventions.
At Dave Basarab Consulting, we conduct training evaluations using our own proprietary model – Predictive Evaluation. Using the innovative new Predictive Evaluation (PE) Model, trainers and business leaders can successfully predict training’s results, value, intention, adoption and impact, allowing them to make smarter, more strategic training and evaluation investments.


It's all about washing your hands (a lot), covering your mouth and nose with a tissue or your arm when you cough and sneeze, staying away from other people if you're sick, and avoiding large crowds and crowded places.
Got it? Now let's look at what else the CDC has to say: "There may be times during a pandemic when you must be in a crowded setting or in close contact (within 6 feet) with people who might be ill. During such times, the use of a facemask or a respirator might help prevent the spread of pandemic flu."


“And Korach the son of Yitzhar the son of Kahat the son of Leyve separated himself, together with Datan and Aviram the sons of Ahaliav and Ohn the son of Pelet, the sons of Reuven.” (BeMidbar 16:1) Korach initiated a dispute with Moshe regarding the leadership of Bnai Yisrael. Rashi explains that Korach was motivated by personal ambitions. Moshe had appointed Elisafan the son of Uziel as prince of the family of Kahat. Korach believed that he should have received this honor.[1] Datan, Aviram and Ohn were not involved in this issue. They did not have this personal motivation to join the dispute. Why did they become involved?
Bnai Yisrael camped in the wilderness in accordance with a specific order. The Shevet – tribe – of Reuven camped adjacent to the family of Kahat. This proximity encouraged close relations between these neighbors. Korach developed a following among members of the Shevet of Reuven. Rashi summarizes this phenomenon with the statement, “Woe to the evil doer and woe to his neighbor”.[2]
Rashi seems to maintain that the members of Shevet Reuven were not, by nature, evil. They were influenced by the attitudes of their neighbors. It is interesting that the good qualities of Shevet Reuven did not have a positive influence upon Korach and his followers among the family of Kahat.
Furthermore, the Shevet of Reuven was adjacent to the family of Kahat on one side. On other sides the Shevet was next to tribes that were not inclined to join Korach’s rebellion. Yet, the positive role models among their other neighbors did not guide these members of Shevet Reuven.
It seems that Rashi maintains that the power of evil to corrupt is greater than the influence of the good to motivate righteous behavior. Every person must struggle to achieve human perfection. Although material instincts pull us toward evil, we can overcome this influence. However, we can never completely eradicate the instinctual component of our personality. We can never assume we are beyond the desire to sin. We can only hope to control our tendency towards evil. The desire remains deep within our personality. The desire to do good is apparently more tentative. It requires the conquest of the intellectual and spiritual over the more basic instinctual. This process is a lifelong struggle. Even in a righteous individual some level of conflict remains.
Rashi’s analysis can now be more fully understood. When evil confronts good it is easier for the evil to exert influence over the good. The evildoer has less conflict. The righteous individual lives with conflict. The evil person encourages a return to the instinctual desires. The righteous person is now confronted with a growing internal battle. Sometimes he or she succumbs to the evil desires.
Rashi urges us to choose our neighbors well. We should not assume they will not influence us. Instead we should adopt the premise that we will be influenced and choose neighbors whose influence will be positive.
“And Moshe became very angry. He said to Hashem, ‘Do not accept their offering. I did not take a single donkey from them! I did not do harm to any of them.” (BeMidbar 16:15)Moshe continues to attempt to make peace with Korach and his followers. He sends a messenger to Datan and Aviram. These are two of the leaders of the rebellion. He wishes to meet with them. Datan and Aviram refuse the offer. Instead, they lash-out at Moshe. They raise new issues. Moshe has failed to fulfill his promise to take them to a land flowing with milk and honey. The generation that Moshe brought out from Egypt has been condemned to die in the wilderness. Furthermore, Moshe has made himself ruler over the nation.
Our pasuk describes Moshe’s reaction. Moshe becomes angry. He prays to Hashem. He asks Hashem not to accept the offerings of Korach and his followers. Finally, he declares that he has not deprived anyone of his property. He has not wronged anyone.
There are two problems with Moshe’s comments. First, Moshe seems to be defending himself. He seems to feel that he needs to prove that he has not been despotic. Why is Moshe defending his integrity? Second, Moshe begins his defense by observing that he has not deprived anyone of personal property. This seems to be an odd defense. Moshe seems to be defending himself by asserting that he is not a thief! This does not prove he has not assumed unwarranted authority.
In order to understand Moshe’s comments, some background is needed. In fact, Moshe did have the status of a king. He was the temporal ruler of Bnai Yisrael.[3] As king, Moshe did have the right to confiscate private property for his own use.[4] Now, we can begin to understand Moshe’s comments. He was not asserting that he was not a thief. He was declaring that he had not exercised his rights as king. He had not practiced his right of confiscation.
Why did Moshe feel compelled to defend the beneficence of his leadership? Datan and Aviram had challenged Moshe’s leadership. Moshe realized that there were two possible causes for this rebellion. The first possibility was that Datan and Aviram could not accept anyone’s leadership. They were simply unwilling to submit to any leader. The second possibility was that his own behavior had evoked their response. Perhaps, unintentionally, he had been overbearing.
Moshe decided to test the issue. He humbled himself before Datan and Aviram. He attempted to appease them. If Datan and Aviram rejected this overture, Moshe would know that his actions had not produced this dispute. Such a reaction would indicate that even the most unobtrusive leadership would not be tolerated.
Datan and Aviram immediately rejected Moshe’s appeal. Now, Moshe knew with certainty that he had not caused this rebellion. This is the meaning of Moshe’s comments. Moshe is asserting that he has been not been an overbearing leader. He has not even exercised the rights of a king. Therefore, he is not responsible for this rebellion. Korach, Datan and Aviram will not accept any leader.
“This is what you should do. Take for yourself fire-plates – Korach and his assembly.” (BeMidbar 16:6)What was the issue raised by Korach and his followers? As we have explained, they disputed Moshe’s right to make appointments to the priesthood. However, at a deeper level Korach and his followers questioned the entire institution of priesthood. Korach argued that the entire nation was sacred. The priesthood should not be bestowed upon a single family. Instead, it should be distributed more evenly within Bnai Yisrael. Moshe rejected this argument. He insisted that the priesthood belongs exclusively to Ahron and his descendants.
What was wrong with Korach’s argument? Why does Bnai Yisrael have Kohanim? Why cannot any individual assume the role of Kohen? Rashi deals with this issue. He explains that there is a fundamental difference between the Torah and heathen religions. The heathens have many alternative practices. They have various priests. They worship in numerous temples. In contrast, the Torah insists upon a single law. There is one Mikdash – Temple. There is a single Kohen Gadol.[5]
Rashi’s response requires further explanation. Rashi identifies a fundamental difference between the Torah and heathen practices. However, he does not explain the reason for this difference. Why does the Torah insist on a single Mikdash and one Kohen Gadol? Why does the Torah not allow for the diversity accommodated by other religions?
The answer is that the Torah proposes a unique approach to Divine service. Heathen religion is essentially an expression of the worshipper. The mode of service is derived from the personal needs of the worshipper. The worshipper designs the service in a manner that is personally meaningful. This results in remarkable diversity. Different cultures produce their own religious expressions and modes of worship. This is because each culture is unique and seeks to express religious feelings in an individual manner.
The Torah does not treat worship as an expression of the needs of the worshiper. Instead, Torah worship involves submission to the will of the Almighty. Worship is not designed to respond to the needs of the worshiper. It is a response to the will of Hashem.
The Torah approach implies that there must be unity of worship. Diversity in Divine service is inappropriate. All Jews submit to a single G-d. This Deity has a single will. Therefore, all Jews must worship in a single manner. There cannot be multiple Temples expressing various versions of worship. Neither can there be various High Priests each proposing his own form of worship. There is a single Torah, one Mikdash and one Kohen Gadol.
“And it was on the following day and Moshe entered the Tent of Testimony. And it was that Ahron’s staff representing the house of Leyve had blossomed. And it had brought forth blossoms and then unripe fruit and then almonds.” (BeMidbar 17:23)Hashem commanded Moshe to collect a staff from the prince of each tribe. Ahron’s staff represented the Shevet of Leyve. These staffs were then placed in the Mishcan. The following day Ahron’s staff blossomed and bore fruit. This miracle indicated that Ahron was truly the Kohen appointed by the Almighty.
Korach’s rebellion had already ended. He and his followers had been destroyed through a series of miracles. Why was further proof of Ahron’s authenticity needed?
One explanation is that there were two elements in Korach’s rebellion. First, Korach and his followers rebelled against Moshe’s authority. The manner in which they protested the appointment of the Kohanim – the priests – was inappropriate. They did not question Moshe in a respectful manner. They denied his authority and encouraged anarchy. Second, they had questioned the concept of priesthood. The destruction of Korach and his followers indicated that their approach had been sinful. However the question of the legitimacy of the priesthood had not been dealt with fully. The people could mistakenly assume that Korach and his camp were punished for their rebellious attitude. There would remain doubts regarding the position of the Kohanim.
The miracle of Ahron’s staff responded to this possible doubt. Through this sign, Hashem confirmed the legitimacy of Ahron and the Kohanim.
[1] Rabbaynu Shlomo ben Yitzchak (Rashi), Commentary on Sefer BeMidbar 16:1.
[2] Rabbaynu Shlomo ben Yitzchak (Rashi), Commentary on Sefer BeMidbar 16:1.
[3] Rabbaynu Moshe ben Nachman (Ramban / Nachmanides), Commentary on Sefer
Shemot 30:13; Rabbaynu Ovadia Sforno, Commentary on Sefer Beresheit 36:31;
Rabbaynu Avraham ibn Ezra, Commentary on Sefer Devarim 33:5.
[4] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Mishne Torah, Hilchot
Melachim 4:1.
[5] Rabbaynu Shlomo ben Yitzchak (Rashi), Commentary on Sefer BeMidbar 16:1.


June 10, 2009
Perspective: My father has been registered with the SEC as a Registered Investment Advisor for over 30 years. We currently manage roughly $61 million.
My comments are directed solely at the portion of the proposed rule which would deem one to have "custody" due to client fees being deducted directly from client accounts, as directed by the adviser.
As many before me have already expressed, I feel this portion of the rule to be unnecessary, costly and overly burdensome. Every quarter our clients are sent an invoice along with their performance packet. A duplicate of the invoice is sent to the custodian, who then pays the bill. Clients do not have to have their fees deducted if they express to us they would rather pay by check. Additionally, for those who do have their fees deducted, they have every opportunity to review the invoice for errors, etc and respond accordingly to us or the custodian. As one previous commenter suggested, it is far from credible to believe an adviser has "drained" a client's assets via fee deductions.
Thus, it is our opinion that not only is this portion of the rule unnecessary but also it would be regressively more expensive for the smaller registered investment advisors than the larger ones and great consideration should be taken before the SEC decides that expensive surprise audits must be performed simply due to fees being paid from client funds.
Thank you for listening.


Karen A. Daniels
I am a cognitive psychologist whose research is directed at answering two fundamental questions: First, how do people exert control over their thinking and behavior, and why are some people better able to do this than others? I am particularly interested in developing methods for measuring and understanding the cognitive-control deficits observed in late life and as a function of individual-difference variables like working memory capacity. Theoretically, my research centers on the "dual-process" distinction between controlled and automatic processes, a distinction that I believe provides key insights into the nature of cognitive control.
Second, are there training programs that can successfully slow or reverse age-related declines in cognitive control? Despite the overwhelming evidence for age-related deficits in memory and attention, very little research has been dedicated to developing techniques that attempt to rehabilitate these cognitive skills. My current research explores the utility of laboratory computer tasks, video games, and physical fitness as tools for improving cognitive-control skills in populations showing impairments.
Selected Publications Daniels, K.A., Toth, J.P., & Jacoby, L.L. The aging of executive functions. To appear in F.I.M. Craik and E. Bialystok (Eds.), Lifespan Cognition: Mechanisms of Change.
Jacoby, L.L., Shimizu, Y., Daniels, K.A., & Rhodes, M.G. Modes of cognitive control in recognition and source-memory: Depth of retrieval. In press at Psychonomic Bulletin & Review.
Daniels, K.A. Cognitive control, automaticity, and working memory: A dual-process analysis. Under review at Journal of Experiment Psychology: General.
Toth, J.P., Daniels, K.A., & Jacoby, L.L. Art Dealer : A computer game for enhancing cognition in older adults. Manuscript submitted for publication.


From ISAZ Newsletter, Number 29 [pdf]:
Robotic Pets and Children: A Developmental StudyGail F. Melson, Alan M. Beck, Peter Kahn, and Batya Friedman (University of Washington) All data has now been collected for our study of children across three age groups (7-8, 10-11, 13- 14 years) as they separately interact with a live specially trained dog and with a robotic dog (Sony’s AIBO). The analysis is now underway and international presentations of the data are scheduled. Children aged 7-9 yrs. (n=26), 10-12 yrs. (n=24), and 13-15 yrs. (n=21), half boys, participated. After a 5-min. play session with AIBO, each child completed a 20-min. interview, with AIBO present and “on.” The same play session and interview was conducted with “Canis,” an Australian Shepherd. As part of the interview, each child was asked whether or not the target dog possessed biological properties, social companionship, and moral standing. Most dog type comparisons were significant.
For 23 of 25 questions, fewer children affirmed AIBO’s (as compared to Canis’) biology, psychology, companionship, or moral standing. However, more children endorsed punishing Canis (80%) than AIBO (51%) for breaking something expensive. Children unanimously affirmed Canis’ biology, at least 70% of children affirmed all mental state and companionship questions about Canis, and at least 80% stated it was “not OK” to cause Canis harm (5 questions). However, over 50% of children also affirmed AIBO’s mental states (4 of 6 questions), companionship (5 of 6 questions) and moral standing (6 of 7 questions). In summary, while children sharply distinguish living and robotic dogs, most children attribute psychological, companionship and moral standing (but not biology) to a robot dog, even after a brief exposure. Preliminary data were presented at the Tenth International Conference on Human- Animal Interactions, Glasgow, Scotland, October 8, 2004.
Photo: vpasson


There's an old saying, "If you've forgotten the language of gratitude, you'll never be on speaking terms with happiness." I think that the holidays opens our eyes every year to the many blessings in our lives. We have a roof over our heads, food in the pantry and good health. Those are the Big Ones... or are they? Could you be happy if you didn't have a home, or you had to worry about where you next meal was coming from? What if you faced serious health issues, could you find gratitude anywhere in that?
On my way to town, I pass by Sunshine Road. Sounds like the perfect "Christmas Card Address," the kind that invokes memories of cozy homes with smoke curling out of the chimneys. In reality, it's one of the poorest parts of Benton County with small, ramshackle trailers. Many are without heat and running water. How could that be? Well, it just is. One of the residents of Sunshine Road rides with me to and from town occasionally. She walks, in the rain, in the cold, in the heat of summer to work at Wendy's. I'd say Mary is my age, she has a grandson the same age as mine that lives with her. She's always cheerful, carrying her backpack and sometimes loaded down with sacks of groceries. A smile on her face, she told me once with pride that she owns her trailer.
It's in our hearts where gratitude lives and grows. We either feed it daily or we let it die a slow, horrible death. Look around you this holiday season and you will see many opportunities to feed the gratitude in your heart and in the heart of others. I'm counting my blessings this morning, I bet you are too! Happy Thanksgiving!
I'm counting my blessings this morning, I bet you are too! Happy Thanksgiving!


“NO” on the Agricultural Disaster Assistance Act Proponents of the bill cite the drought’s impact on livestock – and the absence of livestock-specific disaster programs – as the principle reason for the aid package. However, the livestock-specific disaster programs expired in 2011, meaning ranchers knew that they had to plan for possible disasters, including drought. The Washington Post explained that “farmers should have to hedge as other businesses do: by diversifying their product lines, purchasing insurance at market rates, leveraging assets or maintaining cash reserves.”Because livestock producers did not take preventative action, they are now clamoring for a bailout.
The Heritage Foundation also notes that H.R.6233 goes well beyond drought-inflicted livestock losses, by offering “subsidies to ranchers for livestock killed by raptors and wolves (along with hurricanes, floods, blizzards, disease, and extreme cold).” It also includes wildfires. The “drought” bill also covers trees, defined as “a tree, bush, and vine”, impacted by late-season freezes and insect infestations.
Not only does this $383 million spending bill extend well beyond drought aid for livestock farmers, it continues making farmers, ranchers and orchardists more dependent on government and bails them out for not adequately preparing for hardship.
Heritage Action opposes H.R.6233 and will include it as a key vote on our scorecard.


In contrast to the National Health Service, our ombudsman received 11complaints during his first year (July 1996-June 1997), increasing to 20 bythe end of 18 months.4 To develop mechanismsto handle these inquiries, he visited the journal's office regularly to studyour editorial processes. He interviewed editors, talked to assistants, attendedall meetings, and dug through deep filing cabinets. His effect on editorswas startling. At first, most were either opposed to or profoundly skepticalabout an "outsider" having total freedom to roam through the editorial department,ask questions, and read any document relevant to his investigations. Manyfelt that this maneuver was an exercise in "big brother" oversight that compromisedtheir independence. Slowly, a phase of grudging acceptance was entered, andnow we have begun a period marked by polite approval, if not joyous enthusiasm,at his presence. Our ombudsman seems to have shouldered his burden well; Ican detect no long-lasting adverse changes to his personality despite hisexposure to these difficult environmental pressures.


dc.description.abstract This study examines the design, implementation and evaluation of a communication skills training programme for
adherence counsellors in a paediatric HIV clinic. Effective communication is a pre-requisite skill for any counselling
interaction. For both prevention and treatment, counselling is a critical component of the healthcare team response to
the HIV epidemic. Given the shortages of healthcare workers in sub-Saharan Africa, task-shifting of the counselling
role to less-trained cadres of workers is commonplace. In the multilingual, multicultural South African context, taskshifting
coupled with the complexity of the message in paediatric HIV presents enormous challenges. In-service
support for counsellors is lacking. Counsellor burn-out and fatigue is commonplace affecting the quality of
counselling interactions.
Measuring the quality of communication in a multilingual context poses ethical and methodological challenges and is
a neglected area of research. Traditional communication and counselling assessments appear to be largely taxonomic;
lack cultural and linguistic sensitivity; and fail to acknowledge communication as a dynamic, two-way process.
Mindful of these issues, this study utilized a non-taxonomic approach.
Verbal and non-verbal communication was analysed before and after the implementation of in-service training which
was tailored to the specific research context. The training comprised a two day multidisciplinary team workshop
followed by individual training. This consisted of video feedback and analysis of counsellors’ own sessions and was
attended by four counsellors. Results were recorded over an eighteen month period. Twenty-two consultations
between counsellors and caregivers were video-recorded, transcribed verbatim and analysed using a hybridized form
of linguistic analysis. Findings that demonstrated consensus, substantiation and cross-consultation occurrence were
triangulated with thematically analysed interview data, patient questionnaires and researcher reflections. These
methods are more sensitive to process than checklist approaches and individualised, complex dynamics emerged.
Communication barriers and facilitators were identified before training. Variations in communicative competence
between counsellors appeared to be unrelated to prior training. After training, counsellors asked more open-ended
questions, encouraged caregivers more, provided simpler explanations of treatment regimens and checked
understanding more effectively. In response, caregivers initiated more questions. These findings suggest that
communication training improves treatment literacy and results in interactions that are more patient-centered. Despite
this evidence, the results suggest limitations to the impact of communication training given the lack of agency of
women in South Africa. Interactions included frank and open discussion about cultural beliefs. However, this benefit
may be lost due to poor healthcare team cohesion. In their roles as mothers and caregivers themselves, counsellors are
effective patient advocates and bring their own lifeworld experience to the counselling interaction. These shared
stories are testimonies to the resilience of women living in poverty. Whilst allowing for greater exploration of
patients’ cultural beliefs and explanatory models, communication training has limited impact in assisting counsellors
with dealing with issues such as disclosure, non-adherence and scepticism about biomedicine. Results indicate conflict
between patient-centeredness and perceived desired medical outcomes. Caregivers and counsellors appeared to engage
in ritualistic dialogue when discussing certain topics suggesting that a shared lifeworld between caregiver and
counsellor is insufficient to overcome barriers from the meso (institutional) and macro (broader socio-political)
context.
An awareness of the impact of context is critical to our understanding of communication in a clinical setting. The
results from this research have implications for the role of the counsellor within a multidisciplinary team and establish
a need for communication specialists to work in a clinical setting within the HIV epidemic. en_US


We've all heard that red wine is "good for your heart." In the early 1990s, the media reported the so-called French Paradox, despite a diet full of saturated fats and refined carbohydrate, the French have few heart attacks and credited it to their consumption of red wine. Since then, many scientific studies have indicated that moderate wine drinking protects against cardiovascular disease, and recent preliminary studies indicate wine may play a potential role in protecting against certain cancers, dementia, and in enhancing lung function and increasing longevity. Most of the research is centered on polyphenols, potent antioxidants that are found in grapes. This article summarizes recent research, offers guidance for practitioners, and a cautionary note as to the detrimental effects of alcohol.


Pharmacological Class: Corticosteroid.
Active Ingredient(s): Ciclesonide 37micrograms/actuation; metered-dose nasal aerosol; contains HFA.
Company Sunovion
Treatment of symptoms associated with seasonal allergic rhinitis (SAR) and perennial allergic rhinitis (PAR) in patients ≥12 years of age.
Ciclesonide is a prodrug that is enzymatically hydrolyzed to its active metabolite, des-ciclesonide following intranasal application. Des-ciclesonide has anti-inflammatory activity with affinity for the glucocorticoid receptor that is 120 times higher than the parent compound. The precise mechanism through which ciclesonide affects allergic rhinitis symptoms is not known.
The efficacy of Zetonna Nasal Aerosol was evaluated in one randomized, double-blind, parallel-group, multicenter, placebo-controlled dose-ranging trial (74mcg, 148mcg, and 282mcg once daily) and 3 confirmatory trials (74mcg and 148mcg once daily) involving 3,001 patients with allergic rhinitis. Patients enrolled in the trials were 12–81 years of age with a history of SAR or PAR, a positive skin test to at least one relevant allergen, and active symptoms of allergic rhinitis at study entry. Assessment of efficacy in these trials was based on patient recording of four nasal symptoms (runny nose, nasal itching, sneezing, and nasal congestion) on a 0–3 categorical severity scale (0 = absent, 1 = mild, 2 = moderate, and 3 = severe) as reflective or instantaneous total nasal symptom scores (rTNSS and iTNSS respectively). Additional secondary efficacy variables were assessed, including the total ocular symptom score (TOSS) in the SAR trials and the Rhinoconjunctivitis Quality of Life Questionnaire with Standardized Activities [RQLQ(S)] in both SAR and PAR trials.
In the dose-ranging trial, the primary efficacy endpoint was the difference from placebo in the change from baseline of the average of AM and PM rTNSS averaged over the 2-week treatment period. The rTNSS showed a statistically significant estimated treatment difference from placebo of 0.81 (95% CI: 0.32, 1.29); 0.90 (95% CI: 0.40, 1.39); and 0.66 (95% CI: 0.16, 1.16) for 282mcg, 148mcg and 74mcg, respectively.
In the confirmatory SAR and PAR trials, Zetonna 74mcg once daily was statistically significantly different from placebo. The rTNSS showed a statistically significant estimated treatment difference from placebo; SAR was 0.9 (95% CI: 0.6, 1.3), and PAR was 0.7 (95% CI: 0.4, 1.0). Statistically significant differences in the AM pre-dose iTNSS indicate that the effect was maintained over the full 24-hour dosing interval for both trials. In the SAR trials, Zetonna 74mcg demonstrated a statistically significant decrease from baseline in the rTOSS compared to placebo. Similarly, a clinically significant decrease (≥ 0.5) from baseline vs. placebo for the RQLQ(S) was also shown. In the PAR trial, Zetonna 74mcg did not demonstrate a clinically significant change from baseline in the overall RQLQ(S) compared to placebo. TOSS was not evaluated in this trial. In both SAR and PAR trials, Zetonna 148mcg once daily did not provide an efficacy benefit over the 74mcg once daily dose.
Rx
One actuation in each nostril once daily (37mcg/actuation); max 74mcg/day.
Not established.
Conduct nasal examination before starting treatment. Discontinue if nasal erosion, ulceration, or perforation occurs. Active or quiescent respiratory tract tuberculosis. Infections (eg, ocular herpes simplex). If exposed to measles or chickenpox, consider immunoglobulin prophylactic therapy. If adrenal suppression exists following systemic corticosteroid therapy, replacement with topical steroids may exacerbate symptoms of adrenal insufficiency. Monitor for hypercorticism and HPA axis suppression (if occur discontinue gradually), and for candida infection and other nasal cavity changes. Monitor for growth suppression in children. Monitor for vision changes or if history of increased intraocular pressure, glaucoma or cataracts. Avoid spraying in eyes or directly onto the nasal septum. Pregnancy (Cat. C). Nursing mothers.
May be potentiated by ketoconazole.
Nasal discomfort, headache, epistaxis; ulcerations, nasal septal perforation, candida infection, impaired wound healing.
Nasal aerosol—6.1g (60 actuations)
12/17/2012


They teach ethics in business school, but few executives ever face a moment of truth—a time when they must choose between deeply held ethical principles and calculated business practices. These are decisions that can profoundly impact the ethos of a company and the lives of its employees.
Gerard Arpey did. As CEO of American Airlines, he steadfastly resisted for nearly a decade the bankruptcy option that most U.S. carriers have used to solve financial issues. When confronted with the proverbial ultimatum from the airline's board, Arpey chose principle over popular practice and stepped away from a 30-year career with American.
Learn firsthand from Mr. Arpey's personal and professional insights on integrity and the tough choices leaders make every day.
Gerard J. Arpey is a partner in Emerald Creek Group, LLC, a private equity firm based in Houston.From April 2003 through November 2011, Gerard Arpey served as chief executive officer of AMR Corporation and American Airlines. From May 2004 through November 2011, he was also chairman of the AMR Board. Arpey led American Airlines—one of the world’s largest carriers, serving 250 cities in 40 countries—through the most tumultuous period in the history of the airline industry.
Arpey previously served as American’s president and chief operating officer, senior vice president of finance and planning, and chief financial officer. He joined the company in 1982 as a financial analyst, and was named a corporate officer in 1989.
Arpey earned a Bachelor of Business Administration degree in 1980 and an MBA in 1982, both from the University of Texas at Austin.
An avid pilot, Arpey holds a FAA Multi-Engine Instrument Pilot Rating.
Arpey serves on the board of directors of S. C. Johnson & Son, Inc. (A Family Company). He is also a member of The Business Council, and he and his wife Lisa are involved in a variety of civic and charitable organizations.
Lisa and Gerard Arpey reside in Colleyville, Texas with their three children.


Experienced Counsel for Businesses When you own a business, unpaid obligations from your customers can have a significant impact on your cash flow and your bottom line. Often, however, your attempts to work with your customers are met with empty promises or fall on deaf ears. You need an experienced lawyer, one who knows how to obtain and enforce judgments, if necessary to recover what is owed to you.
Together, attorneys Ed Karfeld and Donna Karfeld of the Karfeld Law Firm, P.C., have over 35 years of experience representing businesses in the St. Louis area recover payments owed by customers and others. When you hire us to help you recover money due to you, you will always work directly with one of our lawyers, not with a paralegal or secretary. We provide aggressive and committed representation that puts your interests first.
We understand how frustrating it can be to collect a debt. You can trust us to keep you regularly informed of the status of your case and provide dedicated counsel from beginning to end of the collections process. Contact our office to set up a confidential consultation meeting to discuss your creditor collections needs.
Our Creditor Collection Practice We work closely with a wide range of businesses that seek assistance in recovering unpaid debts, including credit card companies, banks, department stores, credit unions, schools and finance companies. We focus our efforts on either obtaining payment or recovering your collateral, if applicable.
When we take your collection matter, we will handle the process from beginning to end. We will start by examining and analyzing the debt documentation to determine all of your options. Next, we will locate the debtor and make a written demand for payment. If we receive payment, we will forward the proceeds to you.
If payment is not forthcoming or we are unable to locate the debtor, we will meet with you and advise you regarding whether you should proceed with litigation. If the debtor cannot be located or if the debtor has no recoverable assets, it may not always be in your best interests to engage in litigation. We will counsel you on the advantages and disadvantages of each course of action, so you can make the best-informed decisions possible.
We will make every effort to locate the debtor or to locate property owned by the debtor that may be seized to pay the debt to you. If you opt to file suit, we will obtain a judgment and make all efforts to enforce and collect on the judgment.
Contact Us for Experienced Collections Representation For a confidential consultation an experienced collections attorney, contact us or call at 314-732-0748. Our office is open Monday through Friday, from 9 until 5, with evenings and weekends by appointment. We are located in downtown St. Louis, just four blocks from the Gateway Arch.
We are a debt relief agency. We help individuals, businesses and government entities file for bankruptcy relief under the Bankruptcy Code. Count on Our Experience to Work for You


By Robert Powell, MarketWatch
The U.S. Treasury Dept. has issued proposed regulations for the new 3.8% Medicare surtax and it could represent a unique planning opportunity for charitable remainder trusts (CRTs), according to Robert Keebler and Peter Melcher of Keebler & Associates.
As many know, starting Jan. 1, various provisions from President Obama’s Patient Protection and Affordable Care Act will come into effect. And from a tax perspective, one of the more significant provisions is the 3.8% Medicare surtax.
This surtax, according to Keebler and Melcher, applies to individuals, trusts and estates that have income that exceeds specific thresholds. However, the surtax is assessed differently for trusts and estates than it is for individuals.


The swivel, which is attached to a diving mask, could separate while diving. This will result in a sudden loss of the diver's air supply, causing the diver to engage in emergency ascent. This poses a risk of decompression sickness due to rapid ascent or drowning.
M&J Engineering has received one report of swivels separating from the masks while diving. No injuries have been reported.
This recall involves all SW-3000 2nd stage 360-degree swivels for scuba diving masks manufactured between January 2004 and February 2005. The swivel has the date stamped on its body, below the patent number. Swivels that are already repaired have an arrow stamped on the top right corner of the swivel body.
The swivels were sold at diving retail stores nationwide between January 2004 and February 2005 for about $60.
Consumers should immediately stop using the scuba diving masks with the swivel attached and contact M&J Engineering to receive a free repair.
Consumer Contact: For additional information, contact M&J Engineering toll-free at (888) 794-8351 Monday through Friday between 8 a.m. to 5 p.m. PT, or visit the company's Web site at www.mj-engineering.com.
Picture of Recalled AGA Swivel for Scuba Diving Masks
The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).


Diversity This discipline deals with the definition and multiple dimensions contributing to diversity including age, gender, socio-economic status and beliefs. The business case for managing diversity in the workplace is outlined from creating greater inclusiveness to harnessing the potential of diverse cultures to drive innovation, flexibility and effectively manage change.
Specific challenges related to managing diversity are highlighted in this discipline, including stereotyping, prejudices and reverse discrimination. Interventions to actively support diversity and inclusion are outlined along with key success factors for designing, promoting and implementing effective diversity initiatives.
The Diversity discipline stresses on measuring the bottom line impact and return on investment of such initiatives as also elaborates the Diversity function and the role of the Diversity Practitioner. The discipline also covers the trends and implications for managing diversity in the future. This discipline does not cover Workplace Flexibility which comes under the discipline of Employee Advocacy.


TRURO - In the aftermath of Monday's flooding in Truro and areas of Colchester County, the Emergeny Measures Organization (EMO) is reminding homeowners, businesses and residents of the following:
- Contact insurance agents as soon as possible if there has been damage. Make a list and photograph or videotape all damages and items that had to be discarded
- Keep a record of flood-related activity, such as time spent cleaning, and keep copies of all invoices and receipts
- Do not use flooded appliances, electrical outlets, switch boxes or fuse/breaker panels until they have been checked by local utilities. Arrange for qualified workers to reconnect gas, pump or electrical supplies
- Leave and contact the gas company immediately if there is a smell of gas
- Rinse away contamination inside the home and dispose of the rinse water
- Clean and dry out the house and salvageable possessions as quickly as possible
- Household items contaminated by sewage, or that have been wet for a long time, have to be bagged, tagged and discarded according to local regulations
- Some food that has come into contact with flood water must be discarded. Canned food can be cleaned. First, remove labels, then clean cans using a mixture of one tablespoon of bleach to one litre of water. Then label clean cans with a marker. Throw out any cans that are bulging, damaged or opened.
- Homeowners with private wells for drinking water should test the supply and not drink the water until they are certain it is safe to drink. Test kits are available at the Department of Environment district offices. The department is working with municipalities to have test kits available at municipal offices.
- Check on-site septic systems and contact the local environment office if it is not working. Homeowners should also ensure oil tanks are secure.
Anyone in need of financial assistance to meet basic needs can apply for income assistance by contacting the local Community Services office. Requests are assessed on an individual basis to determine need. If a person is not eligible, staff can advise of other community supports that may help.
- Contact your local property insurance company to determine if the losses are covered. (overland flooding is usually not covered.)
- Request a letter from the insurance company stating that such losses are not covered
- Confirm if your policy is an ‘all perils' policy
- Keep the receipts when damaged items are replaced
- Save items that are damaged until the period of assessment by EMO has been completed
- Obtain and keep quotes before restoration work begins.
Colchester North MLA Karen Casey stated yesterday that if the total loss for the Town of Truro and the Municipality of Colchester reaches $1 million, then the premier and cabinet will determine if there is a need for a disaster relief program.
If such a program is approved, the public will be notified, and the applications will be available on the EMO website or at Access Nova Scotia offices.
For further information, Casey can be contacted at 893-2180.


The Water Environment Research Foundation (WERF) is now accepting pre-proposals for the first phase of a multi-year research effort that will attempt to reduce solids management and wastewater treatment costs at U.S. facilities by at least 20%.
WERF anticipates funding of approximately $400,000 for this initial phase of research. Due to the scope and scale of this challenge, estimates for the total cost, over a five-year period (2007-2011), are approximately $4 million. Pre-proposals are due no later than February 16, 2007.
Energy use accounts for approximately 35% of wastewater treatment facilities' total cost to provide wastewater service, second only to labor costs. Similarly, solids treatment operations (i.e. sludge thickening, dewatering) and sludge handling, transport, and disposal account for a significant portion of the energy use at these facilities. WERF seeks to address the combined challenges of solids volume reduction, resource recovery, and energy management in order to develop and demonstrate economical and environmentally responsible processes that improve wastewater treatment and solids management operations efficiencies and significantly reduce costs.
Through this request for pre-proposals, WERF is seeking a long-term, comprehensive program leading to sustainability and self-sufficiency of wastewater and solids treatment. WERF is pursuing a RFPP process as a way to identify and establish team qualifications as well as evaluate proposed ideas to achieving the desired outcomes of this challenge in the most innovative and cost-effective manner. WERF encourages candidates to collaborate and leverage funding with other partners to augment available funding from WERF. WERF will also continue to seek collaborative partners and other opportunities to successfully meet the needs and outcomes of this challenge. Pre-qualified candidates will be invited to submit full proposals for review and consideration by WERF.
It is WERF's goal to have the selected core team under contract to WERF and work started by the summer of 2007. Researchers interested in submitting a proposal are encouraged to visit the WERF website at http://www.werf.org [4] for more information and a complete RFP.


This blog post has been optimized using Keyword WinnerAlzheimer’s has been a medical condition since its discovery by Doctor Alois Alzheimer in 1906. No known cure exists, and experts are still unsure of its cause. The disease usually affects elderly adults over the age of 60.
Three stages define the disease: very early, mild to moderate, and severe. Individuals are not usually diagnosed until the mild to moderate stage. Scientists believe that an individual’s genetics, lifestyle, and environment all contribute to development of the ailment. All three facts vary from person to person, explaining why different individuals develop the disease at different rates.
Extremely small percentiles of individuals develop the ailment in their 30s, 40s, and 50s. In these rare cases, a genetic mutation in one of three genes inherited from a parent is present. Not all early cases have this mutation, but the majority indicates the mutation is somehow connected to the onset of Alzheimer’s.
Over the years we have all been told that maintaining a nutritious diet, physical activity, mentally stimulating pursuits, and social engagement contribute to good health as we grow older. Research suggests that maintaining these factors as we age can reduce the risk of the cognitive decline leading to the development of this ailment. While genetics can override our best efforts, those maintaining a healthy lifestyle often slip into the stages of the disease slower that those who do not.
Sadly, this ailment cannot be definitively diagnosed until after death. Examination of the brain tissue will reveal the features of the disease: Amyloid Plaques and Neurofibrillary Tangles. However, doctors are actively devising methods and tools to help them more accurately predict if a patient is suffering from the disease. Currently, diagnosis consists of the following:
Asking questions to determine the individual’s health, past medical history and problems, ability to independently carry out daily activities, and noticeable changes in both behavior and personality.
Conducting tests to determine an individual’s capability to remember, problem-solve, and language abilities.
Testing blood, urine, and spinal fluid.
Performing brain scans, such as an MRI.
Tests may be repeated to determine if Alzheimer’s is indeed developing. Early diagnosis is helpful. Families are better able to plan and assist thanks to early diagnosis.


Document Type Article
Abstract Over the period of the intervention and operation of the-AGI project, there was a considerable decline in gun crimes in the target precincts, whereas the number of such offenses rose in the comparison precinct. This was particularly the case in the Ninth Precinct, where a statistically significant reduction of gun crimes occurred. Perhaps more importantly, this reduction represented 112 fewer gun crimes, and thus a commensurate fewer number of victims, per month in this precinct. Given the design of this study and available data, these results cannot be directly attributed to the intervention. However, there is a strong indication that these aggressive policing tactics contributed significantly to this meaningful reduction.
Recommended Citation Bynum, Timothy S. and Varano, Sean P., "The Anti-Gang Initiative in Detroit: An Aggressive Enforcement Approach to Gangs" (2002). School of Justice Studies Faculty Papers. Paper 18. http://docs.rwu.edu/sjs_fp/18


Geyer, Robert R. (2001) Can European Union (EU) Social NGOs Co-operate to Promote EU Social Policy. Journal of Social Policy, 30 (3). pp. 477-493. ISSN 0047-2794
Abstract This article examines why, despite similar general interests, institutional positions and political constraints, EU social NGOs find it so difficult to develop co-operative strategies except on the most fundamental issues. To demonstrate these difficulties the article considers the general reasons for and against co-operation between social NGOs and then examines the difficulties and advantages of collective EU social NGO action during the 1998 NGO funding crisis, Red Card protest and civil dialogue. The article argues that there is a fundamental desire for, and are benefits from, close co-operation between the EU social NGOs. However, due to the complex ‘context structure’ within which NGOs must operate, this co-operative impetus is constantly undermined. In conclusion, the article argues that social NGOs will remain weak and insignificant actors until the Commission/Parliament and/or the social NGOs can organise the complex context structure and allow co-operative strategies to emerge.
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Cardiovascular magnetic resonance of left ventricular pseudoaneurysm A 60 year old woman presented with an inferolateral myocardial infarction (MI) which was treated with thrombolytics and complicated by heart failure. Transthoracic echocardiography identified a large left ventricular (LV) pseudoaneurysm and coronary angiography demonstrated an occluded circumflex artery. Cardiovascular magnetic resonance (CMR) was performed before surgery. CMR showed a 5.7 cm × 8 cm × 10 cm (right-to-left by anteroposterior by cephalad-caudad) posterolateral LV pseudoaneurysm with a wide neck in free communication with the basal LV cavity (panels A–C). The pseudoaneurysm split the wall between the posterior mitral valve leaflet (PMVL) and its supporting papillary muscle. Cine images showed reduced long axis function and there was thinning and akinesis of the remaining basal anterolateral and inferolateral wall (to view video clip visit the Heart website—http://www.heartjnl.com/supplemental). Early gadolinium enhanced CMR detected thrombus within the pseudoaneurysm while late gadolinium enhanced CMR demonstrated enhancement within the wall of the pseudoaneurysm and surrounding akinetic segments indicative of MI. This case illustrates the role of CMR with gadolinium enhancement for providing valuable structural and functional information in the pre-operative assessment of LV pseudoaneurysms.


A friend recently sent the following list to me about dogs. It provides insight into their needs and why they are such great companions. They love to share their life with us! And dogs – when connected to humans – will actually worship their human with total love and devotion. Not a bad example of living, don’t you think?
A PET’S TEN COMMANDMENTS 1. My life is likely to last 10-15 years. Any separation from you is likely to be painful.
2. Give me time to understand what you want of me.
3. Place your trust in me. It is crucial for my well-being.
4. Don’t be angry with me for long and don’t lock me up as punishment. You have your work, your friends, your entertainment, but I have only you.
5. Talk to me. Even if I don’t understand your words, I do understand your voice when speaking to me.
6. Be aware that however you treat me, I will never forget it.
7. Before you hit me, before you strike me, remember that I could hurt you, and yet, I choose not to bite you.
8. Before you scold me for being lazy or uncooperative, ask yourself if something might be bothering me. Perhaps I’m not getting the right food, I have been in the sun too long, or my heart might be getting old or weak.
9. Please take care of me when I grow old. You too, will grow old.
10. On the ultimate difficult journey, go with me please. Never say you can’t bear to watch. Don’t make me face this alone. Everything is easier for me if you are there, because I love you so.
Remember – hug your dog today! He lives for your attention and love.


Publication Details
Neuroanatomical phenotype of Klinefelter syndrome in childhood: a voxel-based morphometry study. J Neurosci. 2011; (18): 6654-60
Klinefelter syndrome (KS) is a genetic disorder characterized by a supernumerary X chromosome. As such, KS offers a naturally occurring human model for the study of both X-chromosome gene expression and androgen on brain development. Previous neuroimaging studies have revealed neuroanatomical variations associated with KS, but have differed widely with respect to subject inclusion criteria, including mosaicism, pubertal status, and history of testosterone replacement therapy (TRT), all factors likely to influence neurodevelopment. We conducted a voxel-based morphometry study of regional gray and white matter (GM and WM, respectively) volumes in 31 KS males (mean age, 9.69 ± 1.70 years) and 36 typically developing (TD) male controls (10.99 ± 1.72 years). None of the participants with KS had received TRT, and all were prepubertal and had nonmosaic 47,XXY karyotypes. After controlling for age, males with KS showed trends (0.05 < p < 0.10) for significantly reduced total gray matter volume (TGMV) and total white matter volume (TWMV), relative to TD males. After controlling for TGMV and age, the KS group had significantly increased sensorimotor and parietal-occipital GM and significantly reduced amygdalar, hippocampal, insular, temporal, and inferior frontal GM relative to TD controls. After controlling for TWMV and age, the KS group had significantly increased left parietal WM as well as significantly reduced frontal and temporal WM. These findings are indicative of a characteristic prepubertal neuroanatomical phenotype that may be associated with cognitive-behavioral features of KS. This work offers new insight into the relationships among X-chromosome gene expression, neuroanatomy, and cognitive-behavioral functions impaired in KS, including language and attention.


Safari Books Online is a digital library providing on-demand subscription access to thousands of learning resources.
Early in Chapter 2 we noted that we analyze data because we want to understand something about variation within a population or a process, and that more often than not we work with just a subset of the target population or process. Such a subset is known as a sample, and in this chapter we focus on the variability across possible samples from a single population.
In most cases it is impossible or impractical to gather data from every single individual within a population. In Chapter 2 we considered several sampling methods. At that time, we also presented the following sequence that describes the situation in many statistical studies:


Monarch butterflies currently face many threats, including the loss of their breeding habitat due to the ongoing decline of native milkweeds, their required larval host plants. During the spring, summer, and fall, western monarchs (those that overwinter along the California coast) breed in the states west of the Rocky Mountains, including California, Nevada, Oregon, and Washington. Yet, very little is known about where and when monarchs breed in each of these states. The Xerces Society, with support from the Monarch Joint Venture, has prepared this short web-based survey to gather information about the location of milkweed stands in the western states that potentially serve as important monarch breeding areas. If you know where milkweed grows, we'd appreciate you completing the survey. To document the distribution of available monarch breeding habitat, it is not necessary to distinguish one milkweed species from another; it is still possible to complete the survey even if you do not know which milkweed species you have seen. However, to help you identify milkweeds in your region, we have created guides to the native milkweeds of Oregon, Washington, California, and Nevada. These guides can be accessed at http://www.xerces.org/milkweedsurvey. Additionally, you can send photos of unidentified milkweed species to Brianna Borders, Xerces' plant ecologist, at brianna@xerces.org. In your email, please include the approximate location of the plants and the date the photos were taken. Once you enter the survey, you will have the option of reporting up to three separate stands of milkweed. For the purposes of the survey, please consider any milkweed plants observed within a 1/4 mile of each other to be a single stand. If you have more than three milkweed stands to report, please visit the survey a second time. The survey will be accessible through 2013. You can revisit it as many times as you like, to report additional observations.Online Surveysby


The 2010 edition of Healthcare Trends in America: A Reference Guide from BCBSA is a comprehensive compendium and analysis of key trends in the healthcare industry from nationally recognized, fact-based and credible sources. The research within the report provides a useful blueprint to assist stakeholders and the federal government as they implement healthcare reform.
Improving Access to Coverage Overview: Health insurance coverage trends, including employer-sponsored coverage and the uninsured.Keeping Healthcare Affordable Overview: Global and national healthcare spending trends, with specifics on use of funds and how growth of spending compares with relevant macroeconomic trends.Improving Quality & Safety Overview: Initiatives aimed at increasing quality of healthcare delivery, including the reduction of variations in care, adherence to evidence-based care and provider incentive models.Improving Consumer Health Overview: Factors affecting consumer healthcare decisions and engagement, as well as the impact of the growing burden of disease, preventive care and poor lifestyle choices.


Lowell Yoder, Contributor
Head of McDermott Will & Emery’s U.S. & International Tax practice.
In today’s economic environment, lenders often seek to maximize the amount of collateral supporting a borrower’s loan. But a borrower needs to be aware that securitizing a loan with assets or stock of a foreign subsidiary can trigger substantial U.S. tax costs.
To illustrate, assume a U.S. corporation owns an Irish subsidiary. The U.S. corporation borrows $50 million. The lender requests that the Irish subsidiary guarantee the loan. Under the U.S. Internal Revenue Code, such guarantee would be taxed as if the Irish subsidiary had paid a $50 million dividend to its U.S. parent (assuming the Irish subsidiary has or will have $50 million of retained earnings).
A $50 million deemed dividend from the Irish subsidiary would be subject to U.S. tax at a 35% rate. Generally, a credit can be claimed for Irish income taxes at the Irish rate of 12.5%. After applying the complex foreign tax credit rules, the U.S. tax would be approximately $13 million. Thus, a guarantee by the Irish subsidiary would require paying nearly 25% of the loan proceeds to the federal government!
In addition, a pledge by the Irish subsidiary of its assets as security for a U.S. borrowing is subject to the deemed dividend rule. Similarly, a pledge (with negative covenants) by the U.S. parent of the Irish subsidiary’s stock as collateral for the $50 million loan is treated the same as a guarantee. It may be obvious that if the Irish subsidiary borrowed $50 million and loaned the funds to its U.S. parent, the $13 million tax cost also would be triggered.
If a foreign subsidiary in a higher tax country were deemed to pay a dividend under these rules (e.g., the U.K. with a 24% rate), the U.S. tax cost would be less (i.e., the foreign tax credit would be greater). On the other hand, the U.S. tax costs would be greater if the foreign subsidiary were subject to a lower tax rate. And some companies cannot claim foreign tax credits, in which case the deemed dividend would result in a U.S. tax cost of $17.5 million.
A lender can look to the U.S. borrower’s assets generally—including stock in foreign subsidiaries and its indirect ownership of the assets of its foreign subsidiaries—without triggering a deemed dividend. In addition, the deemed dividend rule does not apply if less than two-thirds of the voting stock of the foreign subsidiary is pledged by the U.S. parent to secure its borrowings. Nevertheless, in all events the foreign subsidiary cannot agree to securitize the loan to its U.S. parent without triggering U.S. tax cost.
Lenders’ understand these rules and generally are accommodating. But borrowers need to be careful with creative structures that seek to avoid the deemed dividend rule while in substance achieving the same credit support (this concern is illustrated in my blog A Costly “Repatriation Tax” Defeat ).


A Note from the Editor
Articles to be online only in 2008
FEATURES
A SPECIAL FOCUS ON Credit Derivatives: Where's the Risk? This issue of the Economic Review presents the papers from the Atlanta Fed's 2007 Financial Markets Conference.
Preface—Credit Derivatives: Where's the Risk? Paula Tkac This interview, conducted shortly after the Atlanta Fed's 2007 Financial Markets Conference, discusses credit derivatives and their importance to the market and outlines key themes of the conference. Play podcast (MP3 6:49)
Credit Derivatives: An Overview David Mengle This paper examines the mechanics, risks, and market for credit default swaps, provides an overview of pricing and dealers' risk-management role, discusses credit derivatives' costs and benefits, and outlines some recent policy issues.
Credit Derivatives and Risk Management Michael S. Gibson While credit derivatives have proved to be valuable risk-management tools, they also pose potential challenges, including counterparty credit risk, model risk, rating agency risk, and settlement risk.
Credit Derivatives, Macro Risks, and Systemic RisksTim Weithers Drawing a distinction between market perceptions and formal definitions, the author examines macro drivers of credit. He then considers the possibilities of systemic risk, looking particularly at modeling and proper hedging, risk management, and valuation.
Staff


Journal Article
California Management Review
summer 2008
Managing Proprietary and Shared Platforms
Abstract
In a platform-mediated network, users rely on a common platform, provided by one or more intermediaries, that encompasses infrastructure and rules required by users to transact with each other. A fundamental design decision for firms that aspire to develop platform-mediated networks is whether to preserve proprietary control or share their platform with rivals. A proprietary platform has a single provider that solely controls its technology, for example, Federal Express, Apple Macintosh, or Google. With a shared platform, such as Visa, DVD, or Linux, multiple firms collaborate in developing the platform's technology then compete in offering users differentiated but compatible versions of the platform. This article examines factors that favor proprietary versus shared models when designing new platforms, then explains how management challenges differ for proprietary and shared platform during network mobilization.
Keywords: Governance Controls;
Market Platforms;
Infrastructure;
Competition;
Cooperation;
Technology Networks;


Or in this particular instance, 401. 401 mg/dL. I often explain a T1's blood sugar levels as between 40 and 400, but there are outliers even to that handy saying, as those of us managing this condition know. This morning, my diabetes seems unresponsive to my different treatment measures. Isolating why it's happening is an insurmountable challenge. I've changed my pump, opened a new vial of insulin, taken additional insulin via a syringe, eaten nothing out of the ordinary (I eat the same exact breakfast at the same time everyday). I'm not sick, have no wounds that could be infected, have taken no medications. And yet my blood sugar is dangerously high. That's life with diabetes. The high blood sugar causes my cortisol levels to rise to the level that they might be at if I were about to kill a bear with my bare hands. It's a physiological response. I can't help that. It takes all the restraint in my psyche not to choose a random item in my house and start screaming "hulk smash!!!" as I pulverize it. Thankfully, there are no bears nearby. They would feel my wrath. In my house, it means it's time for toddler cartoons and baby swings. Mommy feels like she's going to vomit. I have to measure my urine for ketones so that I can tell if I'm bound for DKA (which can be accompanied by coma, death, etc). Yeah, they're there. More insulin. More fluids. More cartoons. It's days like this where it's a challenge to voice anything sweetly. So I'm going to challenge myself to try to find a silver lining. ... ... Coming up short. Oh, I know. At least I checked it. I know that I'm having a problem. I've texted my husband. I've taken every action I can take. Now I just have to continue keeping vigil.