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I've been forced to choose a spelling for my published writing, including one book that refers to "advisors" in the subtitle. In researching this weighty question I saw that "adviser" seems to enjoy more official use but settled on "advisor" simply because it seems to me more correct. There is only one possible way to spell "advisory," and it doesn't make sense to say the people who provide advisory services are advisers. I suspect many writers faced with the choice will take their lead from the NY Times (adviser), so that the less correct spelling will continue to predominate.
maybe the change in the vowel gives enough hair for a defense attorney to split, should there be a question about compliance with laws and regulations.
A "counselor" has more gravitas than a "lawyer."
Fred Astaire and Ginger Rogers had a similar problem in 1937, at about the same time that our defining investment laws were made.
REALLY? We'll know the field of financial advice has finally arrived as a profession when its practitioners accept how the law of the land says they should spell what they do – and when they stop trying to gussy it up with a spelling gimmick.
Dear Mr. Zweig:
You are on to an important point, and just narrowly missed laying bare the real reason some financial professionals use ambiguous job titles. You are justifiably confused. Hopefully this missive will help.
Registered Representatives are NOT morphing into Investment Adviser Representatives. The two roles are separated by law and are governed by different regulators. Someone using the title Financial Advisor may be either or both. Once you have this sorted out, the difference between the roles—and the titles adviser and advisor—is crystal clear.
The investment business recognizes these roles as either SELL-SIDE or BUY-SIDE. Let's break it down:
Type of Firm: Broker-Dealer
Name of Rep: Registered Representative
Primary Law: Securities Exchange Act of 1934
Regulator: SEC, with delegation to FINRA (an association that regulates its members)
What they do: Effect securities transactions, fair & square. This often involves presenting an idea to a customer who may be either an individual client or a Registered Investment Adviser acting on behalf of such a client. Any advice must be solely incidental to the transaction.
Paid by: They usually earn a commission for this service. Commissions are usually transactional.
Type of Firm: Registered Investment Adviser
Name of Rep: Investment Adviser Representative
Primary Law: Investment Advisers Act of 1940
Regulator: SEC and State Securities Regulator(s)
What they do: Provide investment advice or invest on behalf of clients. This often involves representing the client in transactions proposed by Broker-Dealers — here the Adviser must be loyal to the client and make prudent, expert-quality decisions for the client on both the merits of the investment and the costs charged to the client by the Broker-Dealer to execute the transaction.
Paid by: They usually earn a fee for this service. Fees are usually a percentage of portfolio value.
Now, let's parse the adviser with an "e" vs. advisor with an "o" question. As you point out, the term "Investment adviser" with an "e" is specifically defined under the law governing Registered Investment Advisers. Anyone included in that definition must become a Registered Investment Adviser.
Broker-Dealers don't want to get caught up in this law. Their first line of defense is to prohibit their Registered Representatives from using the magic titles Investment Adviser or Investment Advisor, and even the magic spelling of the word adviser with an "e." So they prefer titles that are ambiguous under this law, such as Financial Advisor, Financial Consultant, Financial Planner, Wealth Manager, and the like.
They can remain excluded from the definition of Investment Adviser even if they use an ambiguous title, so long as any investment advice they provide to a customer is "solely incidental to the conduct of his business as a broker or dealer" and they don't charge special compensation for it. Use of the "e" in adviser strongly implies one is an Investment Adviser Representative.
Using the ambiguous titles that include the word advisor with an "o" doesn't gussy up the title to anybody in the know. Rather, it strongly suggests intentional avoidance of being classified an Investment Adviser under the Investment Advisers Act of 1940. The name game is controversial within the industry. Investment Adviser Representatives generally resent when others use titles that sound similar, but aren't the real thing. It's unheard of for Investment Advisers to play the name game in reverse.
One is not superior to the other. Both Registered Representatives and Investment Adviser Representatives are highly regulated. Because they are offering very different services, they are also very differently regulated. I believe they should stay different, too. This gives consumers a choice. Likewise, consumers can consider whether a professional has earned credentials that are relevant. It's important for consumers to know the differences when choosing services and professionals.
It would be a lot easier to tell who's who if each role were required to stick to one clear title. Those defined in the law would be a good place to start.
Thanks for your blog post. I'll be back for more.
An Investment Adviser Representative of a Registered Investment Adviser
formerly also a Registered Representative of a Broker-Dealer
@Asher: Investment Counsel is also a key title defined in the Investment Advisers Act of 1940; Section 208. (c): It shall be unlawful for any person registered under section 203 of this title to represent that he is an investment counsel or to use the name ''investment counsel'' as descriptive of his business unless (1) his or its principal business consists of acting as investment adviser, and (2) a substantial part of his or its business consists of rendering investment supervisory services.
This is not unlike the legal profession. I knew we were all in trouble when lawyers starting gussying themselves up to become "Attorneys-at-Law".
What a stupid article that serves to do nothing more than demean an entire profession. There are plenty of financial advisors/advisers who conduct themselves with dignity, professionalism and integrity. I'm surprised the WSJ would publish this. Oh, yeah, this only made the cut for online!
Great article!! Sir, you definitely know HOW to write and your research was broad and well-done. And unlike Mr. "Just Saying's" comment below, I don't think that you were attempting to demean a profession, rather - you were just telling it like it happened. He clearly should have said, "ourselves" rather than, "themselves" as I would guess that only an insider in that milieu would be that vituperative. Kudos, again, on your article.
Agree with the point made regarding "or" conveying a subtle image of superiority over "er." The comparisons that always came to my mind were advisor wanting to be seen more in the company of doctors, pastors, and professors that lawyers, teachers and plumbers.
Great article. OK, sorry I'm a few years late on this one.I prefer adviser but as my advice is re: communications not finance why not create a compromise new word i.e. "advicer." It sort of trips and falls off the tongue right? Maybe advicers could be regulated by an advice squad or something.
I think its worth noting that Wikipedia has some great information about this subject. Here is a excerpt from their page: "According to one textbook, adviser and advisor are not interchangeable in the financial services industry, since the term adviser is generally used "when referring to legislative acts and their requirements and advisor when referring to a practitioner. Since [a financial advisor's practice] is never described as an advisery practice, advisor is preferable when not referencing the law."[5] Congress and the Securities Exchange Commission refer to "investment advisers" when discussing regulation of them in the Investment Advisers Act of 1940.[6]" Your article is very interesting but the information on Wikipedia is correct, it seems that this has already been decided and they should be calling themselves advisors.
Total Return covers the latest personal-finance and investing news and trends, helping readers make sensible money decisions in a complex financial world.
Karen Damato
Deputy Editor,
Personal Finance


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The "Building of the Flag" is completed at the conclusion of the presentation by Maj. Robert A. Weekly (left) and LTC James R. Smith, P.M., both of Poor Richard Camp of Heroes of '76 and Benjamin Franklin Chapter of National Sojourners. Bro. Weekly is Commander of the Camp and Bro. Smith is the Area Representative of the North Atlantic Area of National Sojourners.
National Sojourners is an organization of Masonic veterans staunchly dedicated to Americanism, patriotism, and the Fraternity. Its members are Master Masons who are U. S. citizens and commissioned or warrant officers, past and present, of the uniformed services of the United States, having served honorably in the Army, Navy, Marine Corps, Coast Guard, Public Health Service, or National Oceanic Atmospheric Administration. In addition, honorary members may be elected to chapters of the National Sojourners.
Their purposes are: To promote good fellowship among its members; assist those who may be overtaken by adversity or affliction; cultivate Masonic ideals; support all patriotic aims and activities in Masonry; develop true patriotism and Americanism throughout the nation; further the military need of national defense; and oppose any influence whatsoever calculated to weaken the national security. They work to achieve their purposes by recognizing students with military interests and by proclaiming, demonstrating, and teaching Americanism and patriotism.
Across Pennsylvania, there are eight chapters of the National Sojourners: Benjamin Franklin No. 16, Philadelphia; Fort Pitt No. 38, Pittsburgh; Harrisburg No. 76; Carlisle No. 130; Lancaster No. 292; Valley Forge No. 444, Phoenixville; Lycoming No. 509, Williamsport; and Penmar No. 532, Waynesboro.
Among those chapters, as many as 50 Americanism medals are presented each year to students in R.O.T.C. (Reserve Officers Training Corps) and Junior R.O.T.C. units in educational institutions across the state. Recommendations for the awards come from the R.O.T.C. staffs of the institutions, based upon basic criteria established by the respective military service organizations, including academic standing and class involvement. Then, the National Sojourners' criteria require that each recipient has encouraged and demonstrated the ideals of Americanism by deed or conduct, or both, and has demonstrated a potential for outstanding leadership.
"Building of the Flag" is an Americanism program documenting the history of our flag as the various colonies and territories became states. Usually presented by four brethren in colonial uniforms, the historical presentation begins with events before the Revolution and concludes with those related to the present 50-starred flag. It documents the country's progress, stripe by stripe and star by star. The 35-minute program is excellent for any audience and is well received within the Fraternity or among the public, whether adult or youth.
Brethren in Sojourners chapters are "on the road" presenting a program called "The Bridge of Light," designed to promote a liaison, a bonding, an interweaving, a better understanding, and a friendship between National Sojourners and the Family of Freemasonry. It is an effort to keep alive the respect for the veterans and increase Sojourners membership. Through The Bridge of Light program, lodges, appendant Masonic bodies, allied clubs, and units gain programs and other assistance, especially with patriotic endeavors.
National Sojourners have their heroes -- "Heroes of '76," an affiliate, or auxiliary organization composed of Sojourners who have had an inspiring patriotic degree conferred upon them in recognition of exemplary service to Freemasonry, the National Sojourners, or the government.
The national headquarters for Sojourners are at Collingwood Library and Museum on Americanism on a property that once was one of Brother, General, and President George Washington's river farms fronting on both the Potomac River and the George Washington Memorial Parkway in Alexandria, VA. Not only does Collingwood house the Sojourners' headquarters, its archives have acquired, catalogued, processed, protected, and displayed for the public an outstanding collection of documents, literature, and artifacts that promote, enhance, and inspire patriotism. Toward that end, the Foundation has amassed more than 6,000 volumes relating to American history, more than 400 books relating to Freemasonry in Colonial America, and 80 volumes on early British Masonry. The Sojourners had a collection of nearly 50 American Grand Lodge Masonic Codes and histories which were turned over to the George Washington Masonic National Memorial where they can be better preserved. Of great interest at Collingwood is the "Heroes Room," dedicated to Masonic heroes who risked their lives, their honor, and their fortunes to help establish this Republic. There is a 29-minute video tape suitable for a meeting program available for loan by contacting Collingwood, 8301 E. Boulevard Dr., Alexandria, VA 22308. Phone (703) 765-5000.
Other stories that honor those who served
Many Lodges Provided WWI Servicemen with ID Medals
Masonic Club in Pacific Theater

subset: commoncrawl


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Marketplace PM for December 1, 2005
Episode Description
Home loans for the holidays
Most homeowners who were forced to flee houses and jobs when Katrina hit were given a 3-month reprieve from mortgage payments. But time's up today, and John Dimsdale reports that for many, it's too soon.
Increased interest in Europe
The European Central Bank raised interest rates today by a quarter percent, to two and a quarter percent.No big deal? Well, for Europe it's the first increase in five years. From London, Stephen Beard reports.
If you can't make money in this business...
Given the record profits many energy companies have been reporting, you'd think anybody in the business would be making big money these days. So how come Calpine Corporation is fighting to avoid bankruptcy? Bob Moon took a look.
Viral marketing
Posted In: Health
AIDS activists in India warn that the disease could spread dramatically if the government doesn't increase awareness. India's solution taps its business strengths: software skills and connectivity. From New Delhi, Miranda Kennedy reports.
Credit where credit is due
Writer and commentator Jeff Steinbrink says your relationship with your card company is most definitely NOT a two-way street.
The angels wanna wear my skate shoes
Posted In: Sports
Skate shoes are hot with the kids, and the sporting goods market is happy to oblige. Business of sports commentator Diana Nyad is down wit it.
Where in the world is Kai Ryssdal?
He's in China, doing advance work for January's live broadcast from the Middle Kingdom. Kai lived in China in the 1990s, so we asked him to tell us what's changed since those days. He told us what's changed since last WEEK.
Unable to be all that they can be
Soldiers returning to civilian life often have a tough time finding jobs. New figures show that unemployment rates among younger veterans are three times higher than the national average. From WCPN in Cleveland, Mhari Saito reports.


text:
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text:
By BRETT BARROUQUERE
Associated Press Writer
EDDYVILLE, Ky. (AP) - Ralph Baze knows the chances are good that he will be executed on Sept. 25. But, he says, he won't go quietly.
In an interview with The Associated Press on Monday, Baze said he never got a fair trial or appeal. Baze also admitted to shooting and killing Powell County Sheriff Keith Bennett and Deputy Arthur Briscoe in 1992.
"I've never tried to hide - good or bad - any of it," Baze said. "I'll take my punishment."
Baze said the shooting was the result of a family dispute that got out of hand. Prosecutors repeatedly twisted testimony and the facts of the case because the victims worked in law enforcement, Baze said.
"Nobody has taken the time to look at the facts," Baze said.
In the last four months, Baze has sent letters to state Attorney General Greg Stumbo, the Kentucky Supreme Court and the commonwealth's attorney who prosecuted him, alleging misconduct by the attorney general's office and multiple judges.
Stumbo's office denies any wrongdoing and said the facts of the case show Baze is guilty.
Last month, Gov. Ernie Fletcher signed a death warrant for Baze, 52. It's the second time Baze has faced an imminent execution. A judge stayed the previous execution order in 2002. Baze is also the plaintiff in two federal civil suits, one challenging the constitutionality of lethal injection, another contesting the way Kentucky purchases the three drugs used in an execution.
Both suits are pending.
Kentucky has conducted one other lethal injection execution, putting Eddie Lee Harper to death in 1999.
Baze has selected a priest from Ohio, a prison minister and two attorneys to serve as his witnesses to the execution. He is considering bypassing a last meal and fasting instead.
After 14 years on death row, Baze hardly resembles the thin, shaggy-haired man arrested after the shooting. Now Baze spends his days dressed in a red inmate's uniform. His hair is shaggy blonde with a mix of gray and he is much stockier than when he first arrived at the Kentucky State Penitentiary.
Prosecutors have said Baze fired the first shot at Bennett and Briscoe, citing testimony of Baze's wife, Becky. Baze said he did not fire first, instead he heard a shot from a .22-caliber rifle and then fired.
"This is one of the absolutes we can prove," Baze said.
Baze became quite animated - at times standing and re-enacting parts of the event - during the interview. At other times, his voice grew loud as he emphasized specific points.
"I get loud when I get upset," he said.
Baze added that prosecutors have twisted his wife's testimony to back up their case. Since his trial, Baze has tried to file multiple criminal and bar complaints against prosecutors and judges. Over the years, his attorneys have declined to take up those cases.
Baze said he understands why: because he has had public defenders from the beginning.
"If we rock the boat, they are going to retaliate against us," Baze said. "The fear of losing funding for public defenders is very real."
Baze is one of several inmates who by law can choose between electrocution and lethal injection as a matter of execution.
"I won't make a choice between lethal injection and the chair," Baze said.
If Baze does not make a choice, the state will automatically choose lethal injection.
(Copyright 2007 by The Associated Press. All Rights Reserved.)


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September 17, 2002
Roger Rosentreter Ph.D.
Roger is the State Office Botanist for the Bureau of Land Management and adjunct faculty at Boise State University. He studies plant ecology and has worked on the rare plants of Idaho for 24 years. He is interested in the taxonomy and ecology of sagebrush and the small microbiotic crusts in the arid plant communities. These microbiotic crusts help hold the soil together and control wind and water erosion. He has a Ph.D. in Botany from the University of Montana.


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- Filed Under
The star cars of "Transformers 4" will be ready for their close-up Friday in downtown Detroit.
The new 2014 Bumblebee concept Caramo, Optimus Prime and more big-screen vehicles from the blockbuster franchise will be on display at the corner of Clifford and Adams from 2:30-5:30 p.m. The public is invited to check them out.
■ Related: Detroiters get an eyeful of ...


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- Filed Under
A Morehouse Parish Grand Jury failed to return an indictment against Robert Todd Curtis, a 43-year-old Bastrop man charged with manslaughter.
Fourth Judicial District Attorney Jerry Jones said the grand jury met last week to consider the case, but did not make a decision in the case.
Jones said this does not mean Curtis' charge has been dropped. ...


text: I believe with bind you have to do an bind-enable to actually install it once you have added the port. This is following the ports standard to not mess with the base install. It has been a while since I did this but find can be your friend in this case (man find) to see where the files are. Shaun -----Original Message----- From: firstname.lastname@example.com [mailto:email@example.com]On Behalf Of fringet1 Sent: Wednesday, February 12, 2003 5:17 PM To: firstname.lastname@example.com Subject: bind 9.2.1 Well reading the man pages on installing packages, all I should have to do is run make and then make install from the ports directory for any port so I have done this with bind9, but I guess I am confused as to why the files it says it puts into directories in the README aren't there? Can anyone offer some assistance as to maybe some info on installing bind 9.2.1. Thanks for any help. Oh yeah OS OpenBSD 3.2, on an HP Netserver E50, P2 333 with 326MB of RAM. fringet1 ___________________________________________________________________________________ IMail Server has scanned this e-mail for viruses using Declude Virus from Optrics.com


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Regional Pulse Checks
By Matt Phair
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Copyright(C) 2009 Associated Equipment Distributors. All Rights Reserved.
A glance at four markets through the eyes of dealers who are adapting to a changed construction industry.
California Dealers in Survival Mode
In the measure
of gross domestic product (GDP), the state of California ranks higher than Spain, Canada, Brazil, and Russia. The state's GDP ranks seventh in the world.
"We can't let the seventh largest GDP go bankrupt," said Michael Allen, Jr. president of Balzer Pacific Equipment Co., Portland, Ore. "If California goes bankrupt, it will affect the whole country…and will have damaging repercussions around the world." Balzer Pacific has two branch locations in California and their business reaches into Washington, Alaska, and Hawaii with its aggregate, concrete, and asphalt processing facility designs and equipment.
"Of all the states we work in, California has been hit the hardest by the economic slump," Allen said. "We began to see the rug slipping out from us in August 2008."
Balzer Pacific Equipment Co. has taken steps to adapt to the economic downturn. According to Allen, they've cut staff about 40 percent since last fall and implemented salary rollbacks for those remaining. Some employees participate in the Oregon Work Share program in which employees work reduced hours and receive reduced unemployment insurance benefits to help fill in the gap.
Stephen J. Nixon, president of Nixon-Egli Equipment Co., Ontario, Calif., says his company
has reduced staffing by 15 percent – bringing their total employment count down to about 85.
"Our business is down 35 percent over last year's banner performance," Nixon said. "The market is bad and customers are more aggressive in their demands than ever before."
Because Nixon-Egli Equipment sells quite a bit to municipalities, they were able to delay the impact of the economic downturn. "[They] had money in their budgets that they needed to spend, so we were able to move some of our core products – truck cranes, grinders, pavers, rollers and street sweepers. We sell a lot of street sweepers because California has tight laws regarding dirt and debris on the street," Nixon said. Currently, all state and city contracts are stalled, according to Nixon.
"I'm expecting that we've got another year or two of this recession," Nixon stated. "I think next year our business will be down another 30 percent. Nobody is making a lot of money these days."
A California heavy equipment distributor, speaking under the condition of anonymity "because our investors don't like to be associated with bad news," doesn't expect full recovery in California until 2011 as well.
"Things are horrible now," he said. "It's very slow. About all I can do is go to mass and pray that things will get better." He added, however, that one strategy now is to keep their good customers happy, so "we'll have a base to build upon when the economy recovers."
"We're seeing opportunities in our rental market," Allen said, "In fact, we're in the final stages of setting up a separate rent/lease company. Balzer Pacific Equipment has always rented equipment, but it was based on a rent-to-sell model. Our new company will be a rent-to-rent business."
Allen also sees opportunities in designing systems and selling equipment for the emerging green waste market.
"When money becomes available for infrastructure rebuilding, there will be plenty of unsafe bridges and roads that can be recycled," Allen said. "There hopefully will be stimulus money becoming available in 2010-11."
"I'm not holding my breath waiting for stimulus money," Nixon stated. "The stimulus money is a one-shot deal, so I don't see how it will help us over the long term. We need to realize that the economy, and the construction business particularly, are cyclical. We're at the bottom of a cycle, but we'll eventually move out of it."
Southeast 'Treads Water' with Used and Rental Business
There's a sense
in the Southeast construction market that just breaking even by year's end will constitute success.
"We're anticipating rough fall and winter seasons, with a slow rebuild in the spring of 2010, and maybe by then, the stimulus money will be hitting the market," said John Shearer, vice president of Product Support for James River Equipment, Inc., Richmond, Va. James River Equipment distributes John Deere machines and other construction equipment to North and South Carolina. "The sales of cranes, rough terrain cranes, and dirt-moving equipment have been very, very slow."
"Recently, we've been writing more equipment quotes," said Stephen Moody, sales manager with M. D. Moody & Sons, Inc., Jacksonville, Fla., "but no one is pulling the trigger." Moody is watching the Terex distributor's quotation activity in their Florida and Georgia territories, hoping to identify signs of market recovery. The crystal ball remains foggy.
David Erkelens, vice president of sales, heavy equipment, for Kelly Tractor, Miami, Fla., stated: "Florida is one of the most competitive states. We're about 60 percent down in sales over last year, which was a banner year. And the west coast of Florida… is about 80 percent down."
Erkelens is buckled in for the ride. And the ride for south Florida may be scarier for some than the state's Tower of Terror at Disneyworld.
Kelly Tractor offers the 13 most southern counties of Florida a full range of Caterpillar products from articulated trucks to small skid-steer loaders. "Part of what will delay the recovery in Florida is the huge supply of available equipment," Erkelens said. "But I think we're at the bottom of this economic downturn, so we'll be treading water for some time."
For construction equipment distributors in the Southeast, treading water appears to include cost-cutting measures such as personnel cuts, less advertising and promotion, and, if possible, reducing inventory. Shearer said that his company has "knocked down expenses by 30 percent. We look for payoffs in every activity we pursue, including training of our own personnel and customers."
Personnel cuts appear to be commonplace. "We currently have about 400 employees, down from 600 that we had before," Erkelens said.
An upside to cutting back, according to Shearer, is: "We were a bit loose with our funds in good times, so not all cutting back is bad. High volume sales can hide a lot of sins."
Equipment rentals appear to have not been hit as hard as new equipment sales in the Southeast market.
"We do better with our rental fees in Georgia than we can in Florida," Moody said. "The glut of iron and intense competition in Florida has kept the pricing down." Erkelens pointed out that south Florida has become mostly a rental market. "Our rental prices are down in the Carolinas," Shearer stated. "There are just too many machines available."
Shearer added: "Used equipment may be the only shining star – albeit a dim shining star."
Contractors' caution and sometimes the availability of reasonably priced credit have made new machine purchases less attractive than buying a used piece. Moody said that although there are few new equipment sales occurring, he is seeing a "somewhat healthy market for used equipment."
There is optimism in the Southeast that conditions will improve –
eventually. "Look, this is probably one of the worst slowdowns we've been in, but we've been through them before," said Erkelens.
"I keep telling my sales folks to keep at it," Moody said. "It will turn around."
Tough to be Optimistic About Northeast Construction
In the Northeast,
sentiments are running along the lines of 'keep hunkering down, but don't take your eye off the future.'
"I started in this business in June, 1972, and this is the biggest and most sustained dip that I've ever seen," says John Drobach, president of Peter A. Drobach Equipment Company, Union, N.J. "You swallow hard and say the bright spot is survival."
"The overall equipment market is down between 50 and 70 percent in the last 18 months," said Steven Boniface, CEO of Pine Bush Equipment (PBE), Pine Bush, N.Y. "You have to shrink to fit your current business and we've been doing that right along, with layoffs and cutting as many expenses as possible, right down to minute details. [But] we haven't closed any branches yet."
As a hangover of the recent heady days, some dealers are just stuck with the lack of buyers.
"There's too much equipment out there," said Drobach. "We're top-heavy on equipment, as are the big rental firms, such as United. And everybody wants to put something into the auction, even new stuff, so it's depressing the price. At the same time, rental yards are stacked with equipment that no one currently has a need for."
Added to that is the continued tightness of financing. "The other issue on my mind is that financing is very tough on used equipment – it's very hard to get," saidys Boniface.
Concerning possible hope in the public sector, reports in the region are that the Obama Administration stimulus package isn't quite taking hold yet. "I haven't seen any help from the so-called stimulus package yet, said Boniface.
Drobach looks for opportunity in multiple areas of New Jersey – the country's most densely populated state has had some neglected infrastructure that is up for funding.
"There are shovel-ready jobs they keep talking about, and I suppose the money is going to be released, but it's being released slowly," he said. "The [newspaper] Star-Ledger says we have the money in Trenton. The problem is that after a dollar is in Trenton for a while, it turns out to be 85 cents returned, 65 cents returned, 50 cents returned."
Other New Jersey possible bright spots are from private industries known to have deep pockets. "A lot of the colleges and pharmaceuticals are well heeled enough to hopefully award out and start projects," said Drobach.
In New York, however, private sector hope is bit harder to come by. "As far as residential, there's very, very little right now, and it's been that way for 18 months now," said Boniface.
The on-hold status of a couple of significant projects has further compounded PBE's struggle, including plans for major gas drilling in Sullivan County.
"The landsmen were out buying up leases everywhere, and they were going to drill," said Boniface. "The recent drop in energy prices has made the project no longer feasible."
In anticipation of PBE selling the excavators and bulldozers used to build the access roads and improve the sites where drill rigs would operate, "we bought a new location in Ferndale, N.Y., that we planned on opening. We did not open it because of what's going on in the recession and with the economy."
Boniface adds that indirectly the project would also have lifted the housing market, created a need for many more gas stations and hotels, and would generally have benefited the Catskills region.
In New Jersey, some hopeful signs include the Trans Hudson Express tunnel and the East Rutherford-based Xanadu entertainment complex, which continue to move forward.
Low real estate pricing is also fueling slight signs of life in New Jersey retail. "Up and down the Route 22 corridor where we're located," said Drobach, "they're knocking down and putting up new commercial buildings. They're anticipating that hopefully in 18 to 24 months we're going to be out of this mess."
Compared to six months ago, Drobach reports a slight increase in rental equipment leaving the yard.
"The first six months of '09 were flat, on average, versus the first six months of '08, at best," he said. "There may be an uptick for the third and fourth quarters of 2009. If you look at a one-year graph, you could say we hit bottom, but if you look at a three-year graph, it's going to be a long bottom."
For Northeast equipment dealers, optimism is hard to come by. "I believe the present administration is doing everything wrong to get us out of this recession," said Boniface. "I don't believe you can tax your way to prosperity on small business' backs."
Drobach, however, sees promise in a more local approach to the market dilemma: "It's an election year, so hopefully whoever gets in will be rewarding their supporters."
Texas Market Finally Feeling Pinched
"If you had contacted me
during the first quarter of the year, it almost felt like we were avoiding the worse of this economic down cycle," said Craig Burkert, vice president and CFO, ROMCO Equipment Co., L.P., Dallas, Texas. "It felt a bit eerie hearing about the rest of the country." The distributor for Volvo Construction Equipment, Hitachi Construction and Mining Equipment, Eagle Iron Works and GOMACO knew the economic perfect storm was on its way so it began cutting inventory, watching every expense, and increasing its rental fleet.
"A few years ago, we recognized the importance of the rental segment of our business and started building our rental business and reorienting our sales staff toward rental," stated Burkert.
Burkert recognizes that this is not a "normal" recession where machine rentals and the parts and service activity hold steady, or even increase a bit. "This time around," Burkert said, "everything is down. The fact that even our rentals have bottomed out, to me, indicates that contractors aren't working."
Jim Anderson, president of Corpus Christi, Texas-based Anderson Machinery Company stated: "Obviously things are not very good – we have no machine sales and rentals to speak of." With five branches throughout Texas, Anderson's company offers everything from 300-ton cranes to small skid-steer loaders. He reported that their business is down 20 percent over last year.
A frustration for Anderson and other construction equipment distributors is the inventory of iron sitting in their yards. "Because of the manufacturers' required lead time, we have orders arriving from two years ago that contractors can't pay for and don't want," he continued. "We're trying to find anyone who might be interested in machines."
Anderson and his 35-some local employees keep hoping that something will break. "Basically, we're looking for the light at the end of a long tunnel." He doesn't anticipate seeing that light until next year.
"Things are very challenging," said G. Bennett Closner, president/CEO of Closner Equipment Co., San Antonio, Texas, and 2009 AED Chairman, "but the oft-repeated refrain I hear in Texas is 'thank goodness we're not living anywhere else.'" The feeling is that the rest of the country is being hit harder by the downturn than Texas.
Closner cautiously cited several "upticks" in construction business segments that indicate that the bottom of the economic well has been found.
"We're seeing activity in the governmental sector," he said. "Any projects associated with the state's many military bases or hospitals seem to be moving along." These government jobs appear to be where the federal stimulus money is flowing, Closner says.
"On the whole we can say that the Texas construction market is down," said Closner, "but to be accurate you need to look at individual sectors. The residential housing market has not recovered and may take another year or more to rebound. The commercial building sector started slowing in the fourth quarter of last year, but has remained relatively strong. There's been an uptick in road building and highway work."
The actions that Burkert took – or, more accurately, did not take – at ROMCO Equipment seem to underscore Closner's optimism. Anticipating the market downturn, Burkert cut inventory but not employees. Burkert's operation has always been lean.
His 200 employees at eight branch locations help the company cover the eastern two-thirds of Texas. That territory encompasses three of the largest cities in the country.
"We've got to remember that we're coming off of the mother of all economic buying cycles," Burkert said, "which is making this down cycle that much more painful."
"Our future is bright," Closner said, "even though it may take until 2011 until we'll need to wear sunglasses again."
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Late last month RITA ORA made her first concert debut in NYC, and performed her current singles "R.I.P.," and "How We Do (Party)," in the Big Apple.
However, she surprised fans and the members of the audience when she performed her cover of Destiny's Child's 'Say My Name.'
What she didn't know is that BEYONCE, was there behind the stage listening.
"She came behind stage and I sang 'Say My Name', and I didn't know she was there, so afterwards she came and praised me for doing [the song]," ORA told Capital FM.
She continued, "She really, really liked it and she was really happy with it. I was really, really happy that I got her approval!"
Well isn't that nice….


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The Coach House Dining Room located on Historic Berkeley Plantation seats 75 people for meetings, dinners, receptions and luncheons. Guests will be able to experience a unique setting in beautiful surroundings. Conducted house tours are available and gardens are self guided for your guests to enjoy at their leisure.
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Simple and Elegant, the Element Case "Wood Series™" is a unique collection of ultra thin protective covers for the iPhone and iPad made from the naturally beautiful and timeless material, wood.
The iPhone wood shell is the same rich wood veneer laminated to a high impact poly carbonate, making it strong, light and very minimal. It comes with a matching wood front plate to help protect the iPhone's display. Fits iPhone 4 and 4S.
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2000 Aquasport 215 Osprey powered with a single Johnson 200hp Outboard, T-Top, bow pulpit, cockpit bolsters, Lowrance X71Depthfinder, casting platform with fwd seat, fwd covers, jump seats, lean bar with two rod holders, in deck fish boxes, transom door, livewell.
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The United States and Afghanistan have reached an impasse in their talks over the role that American forces will play here beyond next year, officials from both countries say, raising the distinct possibility of a total withdrawal — an outcome that the Pentagon's top military commanders dismissed just months ago. American officials say they are preparing to suspend negotiations absent a breakthrough in the coming weeks, and a senior administration official said talk of resuming them with President Hamid Karzai's successor, who will be chosen in elections set for next April, is, "frankly, not very likely."...
...Assuming the election takes place on time, it would still push talks to the middle of next year, and many Western officials in Kabul say the election could be delayed until the summer. In the estimation of many Western officials in Kabul and Washington, that is perilously close to the drop-dead date of Dec. 31, 2014. Mr. Karzai, who has served two terms, cannot run for a third.
Adm. James G. Stavridis, who retired in May as NATO's military commander, said the logistics of organizing a post-2014 force could prove daunting if a deal was not struck soon. Each of the allies has separate logistics, training, supply and transportation requirements, and "we are getting close to the red line for people to be able to put those forces together," Admiral Stavridis said Friday at a forum in Washington sponsored by The Fletcher School of Law and Diplomacy, where he is now dean.
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As of Thursday, May 30, 2013
© Copyright 2015 Newton Citizen
They're coming! I'm not talking about the boogey men. No, I've been told those cicada nymphs that have been underground for 17 years sucking on plant roots are about to emerge.
Folks from Connecticut to Virginia have been warned that soon cicadas will be seen on bushes and trees making those loud clicking noises that are ear-splitting and that drive listeners crazy.
There is no escaping those tree crickets with their transparent wings, big eyes and unique sound. It is mating season.
Adult cicadas will mate, their eggs will fall to the ground, hatch, and after the adults die, nymphs will burrow into the ground, not to be seen for another 17 years.
I suppose we can be thankful cicadas do not bite or harm plants. They are noisy and messy as they shed skin litter and sound off. When you get a swarm of insects like cicadas, there is speculation as to what you can do with them. Squirrels and birds know. They eat some of them. In fact, there are people who also eat cicadas saying they are a good source of protein. I am not among this crowd, but I can still be an onlooker and be amused at what I see.
It is amazing that what we will be seeing and hearing went underground in about 1996. Now, when they emerge, those who read their cookbooks might whip us up some banana cicada bread. How does that appeal to you?
Eating cicadas may be something a few folks will undertake, but here are a few reactions others have had when seeing cicadas appear:
"They will be the death of me."
"I'm scared of these bugs."
"It took 10 minutes to go from house to car because of cicadas."
"Can't enjoy going for a walk. Too many cicadas."
"They fly around like little drones."
"Yummy -- good protein."
These critters have a strange life. Grow underground for 17 years. Emerge and sing in the trees and shrubs, mate, deposit eggs and die. They are an interesting study and professor Chris Simon of the University of Connecticut is one scientist observing them. You and I may soon join the curious. I wonder what our reaction and our quotation will be when we observe the swarm.
Jack Simpson is a former educator, veteran, author and law enforcement officer. His column appears each Friday. For past columns, visit www.rockdalecitizen.com or www.newtoncitizen.com.
More like this story
- Cicada killers look more fierce than they are ( July 1, 2011 )
- SIMPSON: The battle is on to keep stink bugs at bay ( November 24, 2011 )
- SIMPSON: The battle is on to keep stink bugs at bay ( November 24, 2011 )
- JACK SIMPSON: Keep insects off the menu ( September 10, 2015 )
- Jack B. Simpson - Those little buggers ( February 17, 2008 )


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Electronic Arts Inc.
's (
) bid to go digital is being well-complemented by its online game
download platform, Origin. Recently, seven other game publishers
have chosen Origin for download and purchase of titles published by
the company. With the addition of these publishers, Origin now has
21 publishers on board, whose games are being made available
through its online platform.
Apart from Warner Bros., Interactive Entertainment,
THQ Inc.
), Capcom, Trion Worlds and Robot Entertainment that were already
present, Origin's newest additions include Focus Home Interactive,
Iceberg Interactive, Strategy First, Macro Games, Selectsoft and
Legendo Entertainment.
Origin was launched in June 2011 and since then it has roped in
9.3 million users. The top selling games that are available through
Origin include the recently launched MMO
Star Wars: The Old Republic
Battlefield 3
Need for Speed
The Run
and the ever-popular
among other renowned games from EA's stable. Additionally, popular
games from other publishers include Warner Bros.'s
Batman: Arkham City
Saints Row: The Third
from THQ and
from Trion Worlds.
Incidentally, approximately 40% of sales of
Star Wars: The Old Republic
was through Origin. Moreover, in the recently concluded quarter,
EA's full game downloads reported a staggering 442.0% yearly
growth, which was primarily driven by downloadable content from
Additionally, EA's digital revenue surged 79.0% year over year
to $377.0 million in the third quarter and contributed 23.0% of
total revenue, increasing significantly from 15.0% reported in the
year-ago quarter. Strong growth from mobile and other handheld
revenues and downloadable content (DLC) drove digital revenue
growth in the reported quarter.
Gamers' preferences have been changing to the digitized format
and playing games through smartphones and tablets continues to gain
popularity. Moreover, online social games have been changing the
gaming industry rapidly.
Although consumers continue to buy games that can be downloaded
to consoles or computers, digital downloads, used game sales and
game rentals are gaining popularity. We believe that given EA's
variety of titles and massive fan following, it is better equipped
to gain traction in the digital format than most of the other new
EA has been shifting its focus to the digital format and
combined with its diversified portfolio and strong product
pipeline, it is expected to drive top-line growth going forward. We
believe that its high-quality titles, increasing online exposure
and social games guarantee market share gains over the long
However, the gloomy macro-economic environment, increasing
competition and weak video game sales results over the last 12
months compel us to remain cautious in the near term. Competition
Activision Blizzard Inc.
Zynga Inc.
) and new entrant
International Game Technology
) may act as the other headwinds going forward.
We have a Neutral recommendation on Electronic Arts over the
long term (for the next 6 to 12 months). Currently, Electronic Arts
has a Zacks #3 Rank, which implies a Hold rating in the short
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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Keuka College awarded Cayuga Community College Director of Business Services and Comptroller Marie Nellenback the Presidential Scholarship to support her enrollment in the master's in organizational management through the Accelerated Studies for Adults Program (ASAP). The scholarship covers all her tuition and fees for the program.
"We are delighted to award this scholarship to Marie Nellenback and look forward to her joining our student body," said Dr. Jorge L. Díaz-Herrera, president of Keuka College. "She is an outstanding student, a hard-working member of the Cayuga Community College staff, and a difference-maker in the City of Auburn. I expect that she will become a valued member of her cohort and the Keuka College community, and will join the growing list of success stories that have been written as a result of the partnership between our two colleges."
The master's program focuses on the development of the individual within an organization, with emphasis on organizational design and marketing, leadership development, strategic analysis, and ethics. The program enables students to apply class concepts directly to their workplace and begin to examine critical issues within their organization.
"I am thankful to both Keuka College and Cayuga for making this opportunity available to me," Nellenback said. "I currently love my work at Cayuga. I am involved in so many different areas it never gets boring and is always challenging. Attaining my master's will allow me continue to better myself and grow as a leader at Cayuga. The master's degree opens the door for future advancement if the opportunity is presented."
Keuka College offers its Accelerated Studies for Adults Program (ASAP) at Cayuga Community College's University Center on the Auburn Campus to meet the needs of busy working adults. Students attend classes one night each week, taking one course at a time.
Nellenback has been a certified public accountant for more than 20 years, and earned a bachelor's in accounting at SUNY Geneseo. Before coming to Cayuga in 2007, Nellenback worked as the treasurer for the City of Auburn for 15 years. She is a spinning instructor at the YMCA in Auburn.
She is a member of the Community College Business Officers Association and New York State Society of Certified Public Accountants. She is the finance chair of the Functional Users Group SUNY SICAS, treasurer of the YMCA Board, and a board member of the Seymour Library Foundation.


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On the morning of March 27, the Augusta County budget was balanced, without a tax increase. It included a 2 percent pay raise for county employees. But at 1 p.m., the School Board presented its budget to the Board of Supervisors calling for $2.5 million in spending over their proposed budget. The over-budget portion included money for teachers' pay raises and health insurance for part-time employees, including school bus drivers and cafeteria workers. Why did the School Board decide these needs should be in the over-budget portion? Did they care so little for these people, that they were an afterthought and put in the over-budget addendum as opposed to being included in the all-important balanced portion of the budget?
Or, does the School Board prefer to play games with the Board of Supervisors and thus the tax payer, at the expense of the teachers and others? The School Board has demonstrated a lack of care of its own people in favor of irresponsible spending in these times of overwhelming federal deficit spending and a state transportation bill that increases the tax burden on citizens.
The four Republican supervisors are more than willing to raise real estate taxes to accommodate the School Board's over-budget spending. They do not want to take a responsible look at the school budget and ask what, if anything, can be removed so that pay raises and health insurance can be provided without raising property taxes. The School Board's budget has an amazing lack of detail and based on what it presented to the supervisors, it appears they do not want to provide the details.
Obviously, this is not about "the children." If it were, then we would not currently be spending approximately $10,800 per child each year and asking for even more because of the School Board's spending habits. It is about the insatiable spending habits of a group of adults. They cloak themselves in the guilt they can inflict on the taxpayer. We want our children to have the best education available, but the School Board needs to be held accountable for their out of control spending.


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Utah's business landscape is rich with professionals who have le...Read More
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West Jordan — Mountain America Credit Union was recently named among the top 100 U.S. debit and credit card issuers in the U.S., according to research from The Nilson
Report. Mountain America was one of 24 credit unions to receive this recognition.
The report, "Largest Issuers and Acquirers of Payment Cards Worldwide," stated that more than half of all credit, debit, and prepaid card transactions worldwide involving payment at merchants are generated by Visa cards.
"We're excited to be included on this list with other great financial leaders around the nation," said Tony Rasmussen, senior vice president of payments and business services for Mountain America. "Providing quality products and services to our members is one of our top priorities. We are able to do this by offering our members easy-to-use and convenient debit and credit cards."
firstname.lastname@example.com | 90 South 400 West, Ste 650 Salt Lake City, Utah 84101 | (801) 568-0114
Advertise with Utah Business


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Will there be enough light for the jubilee?
This year, which is a jubilee for our city, one is tempted to dream about its bright future. Exactly bright, because despite many positive changes in Almaty, there are problems in the most important area - the energy supply.
Well, are there only these problems? There are transport, ecological, and many other problems. And the jubilee is a good reason to resolve at least part of them.
As they managed to do it, for example, in Northern Russian capital last year. St-Petersburg was preparing for the 300th jubilee for three years and no matter what they said about a light cosmetic repair of the facades and fast made Potyomkin villages, Petersburg people and guests of the capital could see during the jubilee holidays how the city became prettier, how many historical places of interest, monuments, buildings, and roads had been reconstructed, how the communal sphere had been improved in some areas. The city received additional financial investments with the help of which it managed to do that.
We started to talk about the 150th anniversary of Almaty relatively recently and nobody has mentioned the allocation of special funds so far. It seems that they made Almaty people understand: they have to have fun at their own expense. But they are used to it. It is well-known that with the annual collection of taxes totalling up to two hundred billion tenge the city receives only fifty billion, the rest comes into the budget of the country, which has only one such powerful financial megapolis.
New districts, which earlier were part of the oblast are being "presented" to the same city lately. But no additional budget funds are granted to the city together with the land and society. Lately, 3.5 thousand hectares were added to the city, with residential areas, schools, medical institutions, and all this, as a rule, in a condition that far from blossoming. In a word, the costs are growing, the profits - not.
However, there will be the holiday, of course, and not only the 150th anniversary of Verniy, but also the thousandth anniversary of first historical settlement there. The historical centre of the city, will be restored, as well as the governor's house destroyed by fire in 1995, in which the museum of history and culture of Almaty will be located in honour of the jubilee. The city patriots dream of restoring the Verniy fortress and the Sophia temple.
And meanwhile the akimat of Almaty announced that the city will receive two big plants as gifts. One for production of baby food, another one for processing hard domestic waste. The last one is especially required. This year 20 more KamAZ trucks were bought in addition to the existing ten and a thousand containers for waste collection. At the new plant the first production line of which will be commissioned this year, all hard domestic waste of the megapolis will be sorted and pressed. In total four lines must be commissioned to resolve the "garbage" problem completely. 440 thousand tons - that much is "produced" by the Southern capital and the utilisation of that volume became a big ecological problem, because burning waste does not add any fresh air.
Another problem - the transport one - is unlikely to be resolved this year. But, according to Victor Khrapunov, at a meeting with Medeu district residents, we have come very close to the beginning of constructing monorail and completing the first branch line of underground, an agreement with an American company has been reached. If both projects are realised, every day up to five hundred thousand Almaty residents will be transported by those types of transport.
The construction of motorway junctions will be continued, which, alas, is much slower, than the quantity of transport in the city. Only the second junction, after the airport one, is being constructed, while in total eighteen of them are needed to unburden the road traffic. Judging from today speed, twenty years will be needed for realising this project. Besides a construction of a ring motorway around Almaty is planned to take all trucks out of it.
In a word, the plans are bright and grand. Many of them are related with investment policies, with financial investments of companies, which will be able to receive some dividends afterwards. Alas, the situation is different with the energy supply. At least, in that part that concerns the distribution of electric energy. There are no problems with light in Almaty for a long time, the electric energy is enough. But when it is transported further to institutions, houses and other facilities, difficulties begin. In many neighbourhoods the voltage is very low, people complain that domestic electric utensils, which modern apartments are crammed with, don't function well, light switches off in evenings and nights, which is a nonsense for a modern man in such city.
The point is that during the last fifteen years the transformer stations were virtually not renewed at all, the APC (Almaty Power Consolidated) explains. Many of them are worn out for a long time and require replacement. But the APC does not possess such money. Belgians, after having made a lot of noise, jus evaporated, seemingly convinced that the huge management received by them was far from blossoming and demanded big investments. Other investors were not found and the electric supply is again the city property.
Meanwhile the APC last year exceeded in the level of consumption all past years, even those, when big industrial enterprises were operating in the city at their full capacity. The consumption made almost five billion kilowatt hours. Such growth is due to the increased construction of housing and appearing small facilities of medium and small business, as well as consumption of new electric utensils by for new apartments.
And at the same time, with a growing capacity and loads, no network construction was carried out, lines were not extended, the substations from which local areas are fed were not renewed. Therefore - overcharges and faults.
It is quite expensive to build up new transforming substations, each of them costing more than one million dollars. Nevertheless, one of them has been completed this year in Taugul neighbourhood at the expense of electric networks and budget funds (it was built for ten years), two more are planned to be constructed, which is supposed to improve the electric power supply in the centre of the city.
Currently a programme of developing the city electric supply and heating by 2020 is prepared. It already means the "light in the end of the tunnel". But we must live here and now. So, we have to wait only for the end of winter, when evenings are bright even without electricity, when the voltage is lower and switches-off and voltage faults cease.
It's good that the city jubilee is due to take place in autumn, when there is enough light.


text: The Library is happy to announce you can now find your favorite young adult books from the Teen Lounge on the shelves of Main Street. The new teen books are located to the right of the Welcome desk in the display bay with the Library's catalogs. The Main Street teen collection consists of only the most popular, newest, and noteworthy titles that the industry has to offer. Check some out today, they are going fast!


text:
To thrive in today's competitive global marketplace, enterprises are highly motivated to reduce fixed IT costs and eliminate every last ounce of operational inefficiency. And for good reason: IT groups typically spend 80% of their budgets just keeping systems running, which leaves a mere 20% for strategic initiatives. For many IT organizations, managing a large and growing number of Microsoft Windows Server OS based systems and their attached storage is among the top drains on IT resources.
Sponsor: Dell


text:
1) The Oxford Introductions to U.S. Law: Civil Procedure (Oxford University Press forthcoming)
2) Nietzsche and the Transcendental Tradition (International Nietzsche Studies series - University of Illinois Press 2002)
review by R. Kevin Hill, 39 Journal of Nietzsche Studies 86-87 (2010)
33) Vertical Power, 48 UC Davis Law Review 73-140 (2014)
32) Hart on Presupposing Social Facts, in Francesca Poggi & Alessandro Capone (eds.), Pragmatics and the Law (Springer Verlag, Perspectives on Pragmatics, Philosophy and Psychology Series, forthcoming)
31) Marmor's Kelsen, in D. A. Jeremy Telman (ed.), Hans Kelsen in America (Springer Verlag forthcoming)
30) Prediction Theories of Law and the Internal Point of View, 51 San Diego Law Review 921-38 (forthcoming)
29) Eternal Recurrence in a Neo-Kantian Context, 54 Kriterion: Revista de Filosofia 459-73 (2014)
28) On Hart's Category Mistake, 19 Legal Theory 347-69 (2014)
27) Erie's International Effect, 107 Northwestern University Law Review 1485-1501 (2013)
Previously published at 107 Northwestern University Law Review Colloquy 165-79 (2012)
26) Was Afrikan Spir a Phenomenalist (and What Difference Does It Make for Understanding Nietzsche)?, 44 Journal of Nietzsche Studies (forthcoming 2013)
25) Felix Cohen on Legislation, 1 The Theory and Practice of Legislation 113-28 (2013)
24) The Twin Aims of Erie, 88 Notre Dame Law Review 1865-1937 (2013)
23) Law's Dark Matter, 54 William & Mary Law Review 845-84 (2013)
22) Choice of
Law as General Common Law: A Reply to Professor Brilmayer, in
Donald Earl Childress III (ed.), The Role of Ethics in Private
International Law 125-35 (Cambridge University Press, 2012)
21) Horizontal Erie and the Presumption of Forum Law, 109 Michigan Law Review 1237-91 (2011) - also available here.
20) Leiter
on the Legal Realists, 30 Law
& Philosophy 381-418 (2011)
Review essay on Brian Leiter, Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy (Oxford U. Press 2007)
19) Erie's Suppressed Premise, 95 Minnesota Law Review 1111-67 (2011) - also available here.
The download of the week on Larry Solum's Legal Theory Blog.
18) Kelsen,
and the Rule of Recognition, in
Matthew D. Adler &
Kenneth E. Himma (eds.), The
Rule of Recognition
and the United States Constitution 351-78 (Oxford U. Press 2009)
17) Two Fallacies about Copyrighting Factual Compilations, in Robert Brauneis (ed.), Intellectual Property Protection of Fact-Based Works: Copyright and Its Alternatives 169-204 (Edward Elgar Press 2009)16) Why Protect Private Arms Possession? Nine Theories of the Second Amendment, 84 Notre Dame Law Review 131-89 (2008) - also available here.
15) Does Dworkin Commit Dworkin's Fallacy?, 28 Oxford Journal of Legal Studies 33-55 (2008)
A longer
version of this essay can be found on SSRN.
14) Dworkin v. The Philosophers, 2007 University of Illinois Law Review 1477-1503 (2007)
Review essay on Ronald Dworkin, Justice in Robes (Harvard U. Press 2006)
13) Explaining Tort Law, 48 William & Mary Law Review 1953-54 (2007) (symposium introduction)
12) Legal Revolutions: Six Mistakes about Discontinuities in the Legal Order, 83 North Carolina Law Review 331-409 (2005)
11) Halpin on Dworkin's Fallacy: A Surreply, 91 Virginia Law Review 187-201 (2005)
Appearing with Andrew Halpin, Or, Even, What the Law Can Teach the Philosophy of Language: A Response to Green, 91 Virginia Law Review 175-186 (2005)
10) White and Clark on Nietzsche and the Transcendental Tradition: A Response, 36 International Studies in Philosophy 169-99 (2005)
9) Legal Realism as Theory of Law, 46 William and Mary Law Review 1915-2000 (2005)
The download of the week on Larry Solum's Legal Theory Blog.
8) Nietzsche's Place in Nineteenth Century German Philosophy, 47 Inquiry: An Interdisciplinary Journal of Philosophy 168-88 (2004)
Review essay on Will Dudley, Hegel, Nietzsche, and Philosophy: Thinking Freedom (Cambridge U. Press 2002)
7) Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us about the Law, 89 Virginia Law Review 1897-1952 (2003)
6) Copyrighting Facts, 78 Indiana Law Journal 919-64 (2003)
Reprinted in Intellectual Property Law Review (Karen B. Tripp. ed. 2004)
5) Hans Kelsen and the Logic of Legal Systems, 53 Alabama Law Review 365-413 (2003)
Chinese translation by Chen Rui in Legal Positivism (Tsinghua University Press 2007)
Spanish and Portuguese translations (Marcial Pons, Madrid, forthcoming)
4) The Paradox of Auxiliary Rights: The Privilege Against Self-Incrimination and the Right to Keep and Bear Arms, 52 Duke Law Journal 113-178 (2002)
3) The Privilege's Last Stand: The Privilege Against Self-Incrimination and the Right to Rebel Against the State, 65 Brooklyn Law Review 627-716 (1999)
2) Note, Legal Realism, Lex Fori, and the Choice-of-Law Revolution, 104 Yale Law Journal 967-94 (1995)
1) Nietzsche on Pity and Ressentiment, 24 International Studies in Philosophy 63-70 (1992)
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Last Updated: 6 October, 2014


text:
Apple adds Watchever to German Apple TV interface
updated 11:49 am EST, Fri January 11, 2013
Service launched just earlier this week
Apple has added Watchever as a new streaming video option on German Apple TVs, reports say. The service is similar to Netflix, and offers up a mix of German and American movies and TV shows. Vivendi in fact only launched Watchever January 9th, charging customers �9 per month.
English-language programming on Watchever is said to incorporate networks like ABC, AMC, BBC, and HBO, with shows like Scrubs, Breaking Bad, and The Sopranos. A current selection of movies includes titles like Am�lie, 300, and Sin City.


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Cory Sproul can't really pinpoint the reason he took up coon hunting when he was young. He's just glad he did.
Cory Sproul can't really pinpoint the reason he took up coon hunting when he was young. He's just glad he did.
"For me, it's a hobby," said Sproul, a 2001 Claymont graduate. "You don't get into coon hunting to make money, because when you figure your time, all the gas you use, the dog food and all that stuff, you don't really make any money at it. It's just something I love to do."
The Stillwater resident took his "hobby" to new heights recently when he won a nationwide coon hunting contest in South Carolina.
"It's a pretty big deal," said Sproul. "This is the biggest hunt there is."
The United Kennel Club sponsored The Grand American Coon Hunt from Jan. 11-13.
"As long as you use UKC registered dogs, anyone can go," said Sproul. "There were people there from Florida, Connecticut, Tennessee ... all over the place. I've gone for six years, but I never placed until this year."
Nearly 400 dogs competed in the event Friday and there were almost 300 Saturday. Still, Sproul managed to come out on top.
"They use a points system," he said. "You get points for some things, then you can lose points too. I won my cast both nights and made it into the top four. Four of us went out on Sunday, my dog treed the only coon and I won."
Sproul's dog "Night Champion Handsome Mo" is no stranger to competition coon hunting.
"He took third place overall in the second-biggest coon hunt around when he was 18 months old," said Sproul. "He's 3 now, and dogs usually peak when they are 4 or 5."
Sproul came home with a lot more gear than he left with too.
"It's a pretty neat deal," he said. "I won $1,000, a 6-foot trophy, a 4-foot trophy, a brand new dog box and a garmin gps collar."
Sproul finished the last night of competition with 75 points, while the runnerup had 50.
"My dog treed the coon in a couple minutes, but he was docked points for leaving the tree," he said.
While winning the national contest was "a pretty big deal" Sproul certainly didn't claim the title by accident.
"I hunt my dogs quite a bit," he said. "I'll slack off in the summer, but I'll start getting them ready in October, and then once the season is in, there are times I will hunt five nights a week."
Though he's not that old, Sproul has seen the sport evolve quite a bit over the years.
"My brother Troy used to take me when I was kid, and I went quite a bit with my Uncle Wayne McMillen and Dean White," he said. "Coon hunting and dog breeding is a different world now than it was then."
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As many of you may have seen on SemanticWeb.com, we've kicked off 2012 well on the Semantic Link podcast. This month we were joined by veteran semantic entrepreneur Nova Spivack and our conversation surrounded privacy, UI/UX design and whether or not we've yet found a definition for the word "semantic."
We spent some time talking about one of Nova's newest projects, Bottlenose. If you haven't checked it out yet, you can request access using the invite code "semanticlink". My fellow Linker Eric Hoffer has a great write-up of the session on his blog "Axonomics."


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Thinking Machines
Danny Hillis talks about the real-world challenges of creating artificially intelligent machines.
In 1982, when he was still a student at MIT, Danny Hillis cofounded Thinking Machines, one of the most famous failures in the history of computing. A hive of wayward and brilliant researchers, Thinking Machines tried to build the world's first artificial intelligence. But if the company did not succeed in "building a machine that will be proud of us" (its corporate motto), its Connection Machine demonstrated the practicality of parallel processing, the foundation of modern supercomputing. Today, Danny Hillis is cochair of Applied Minds, a design and invention company, and he is building the Clock of the Long Now, a mechanical timepiece meant to last 10,000 years.
TR: Why is creating an artificial intelligence so difficult?
Hillis: We look to our own minds and watch our patterns of conscious thought, reasoning, planning, and making analogies, and we think, "That's thinking." Actually, it's just the tip of a very deep iceberg. When early AI researchers began, they assumed that hard problems were things like playing chess and passing calculus exams. That stuff turned out to be easy. But the types of thinking that seemed effortless, like recognizing a face or noticing what is important in a story, turned out to be very, very hard.
TR: Why did Thinking Machines fail to create a thinking machine?
Hillis: Well, the glib answer is that we just didn't have enough time. But enough time would have been decades, maybe lifetimes. It is a hard problem, probably many hard problems, and we don't really know how to solve them. We still have no real scientific answer to "What is a mind?"
TR: The Connection Machine was an effective platform for supercomputing. Why didn't Thinking Machines prosper as a supercomputing company?
Hillis: Supercomputing turned out to be a technology, not a business. My friend Nathan Myhrvold, who was running Microsoft Research at the time, once told me, "It is at least as hard to make software for a supercomputer as for a PC, but you only have a few thousand customers, and we have billions. Not only that, but each of those customers actually expects you to give them exactly what they need."
TR: What were the successful commercial applications of the research at Thinking Machines?
Hillis: The commercial applications were mostly chip design, data mining, text search, cryptology, computational chemistry, computer graphics, financial optimization, seismic processing, and fluid flow modeling. Scientific applications like astronomy, climate modeling, or quantum chromodynamics were exciting when they helped get a result on the cover of Nature, but we never made money on them.
TR: What happened to the patents from Thinking Machines? More than anyone else, you are responsible for massive parallel processing. You get credit, but no payment. Who gets it, and why?
Hillis: Well, first of all, I should be clear that I am just one of many people who contributed to developing massively parallel computing. As for the patents, one of the consequences of Thinking Machines' failure is that I lost any rights to the technologies. In retrospect, that turned out to be a blessing, because it saved me from spending the next decade of my life in court.


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Marques Jackson
» If you know how to locate one of these people, call the Crime Stoppers hotline at 574-TIPS or 888-876-TIPS.
» Send Tips: Text "BBCS" plus your message to CRIMES.
Joshua Orndorff
? 31, 5-foot-8, 200 pounds.
? Wanted on charges of violation of probation (battery).
Marques Jackson
? 45, 6 foot, 200 pounds.
? Wanted on charges of felony theft.
more online
? Go to Tallahassee.com/crime to see wanted fugitives and the latest felony arrests.
? E-edition users: Click this link for a felony arrest gallery: Tallahassee.com/arrests0313


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Specialist forensic officers have travelled to Mount Isa to help in the search for a missing 34-year-old miner.
The man was reported missing at Mount Isa Mine on June 18 and an extensive search of the mine site has failed to locate the man, who is believed to be dead.
The contents of an ore pass, which is located more than one kilometre underground, will be searched as part of the operation.
The process is expected to start on Monday..