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PREPARED STATEMENT OF THE FEDERAL TRADE COMMISSION ON ADVERTISING, MARKETING AND ANTITRUST ISSUES IN THE GLOBAL TOBACCO SETTLEMENT PRESENTED BY ROBERT PITOFSKY, CHAIRMAN BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION MARCH 3, 1998 Mr. Chairman and members of the Committee, I am here at the request of the Committee to present the testimony of the Federal Trade Commission ("FTC" or "Commission")(1) on two subjects related to the global tobacco settlement. First, I will address proposed restrictions on the advertising, marketing and sale of tobacco products, as well as possible areas for FTC involvement. Second, I will discuss our concerns about any antitrust exemption in the context of a proposed settlement. FTC Jurisdiction and Historical Overview The FTC has a long history of reviewing many aspects of the tobacco industry and its advertising and marketing practices. Section 5 of the Federal Trade Commission Act prohibits unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce.(2) Under Section 5, one of the FTC's major responsibilities is the regulation of national advertising, including the advertising and promotion of cigarettes, smokeless tobacco, and other tobacco products. The FTC also enforces Section 12 of the FTC Act, which prohibits the dissemination of false advertisements for food, drugs, devices, or cosmetics.(3) In its regulation of food, over-the-counter drugs, medical devices, and cosmetics, the Commission shares jurisdiction with the Food and Drug Administration ("FDA"). FTC and FDA work closely with one another in these areas. For nearly 30 years the two agencies have operated under a Memorandum of Understanding that gives primary responsibility over the advertising of these products, with the exception of prescription drugs, to FTC, and primary responsibility over labeling to FDA.(4) The FTC's law enforcement activities involving tobacco advertising and promotion date back to the 1930s.(5) In 1962, the FTC's request for technical guidance from the U.S. Public Health Service was among the factors that led the Surgeon General to establish an advisory panel to undertake a comprehensive analysis of the data on smoking and health. This advisory panel in turn led to the historic 1964 Report of the Surgeon General finding that cigarette smoking presented significant health risks. In that year, the Commission concluded that in light of the mounting evidence of the serious health risks caused by cigarette smoking, the failure of the cigarette manufacturers to warn consumers of such a danger violated Section 5 of the FTC Act. As a result, the Commission decided to require tobacco companies to inform the public about the dangers of smoking.(6) This trade regulation rule, which would have required warnings in cigarette advertising and on tobacco packages, eventually was superseded in 1965 by passage of the Federal Cigarette Labeling and Advertising Act ("Cigarette Act"), which required warnings on tobacco packages.(7) In 1972, pursuant to its Section 5 authority, the FTC issued consent orders mandating for the first time that the major cigarette manufacturers place health warnings in cigarette advertisements.(8) Today, the FTC has a number of tobacco-related responsibilities in addition to its Section 5 authority. These include the statutory authority to administer the Cigarette Act, and to administer and enforce the Comprehensive Smokeless Tobacco Health Education Act ("Smokeless Tobacco Act").(9) The Cigarette Act authorizes the Commission to ensure that the Surgeon General's mandated health warnings are displayed in alternating sequence on cigarette packaging and advertising in the United States. It also directs the Commission to publish an annual report to Congress on cigarette advertising and promotion.(10) The Smokeless Tobacco Act directs the Commission to promulgate regulations governing the health warnings on packaging and advertising for smokeless tobacco products and to publish a biennial report to Congress on smokeless tobacco advertising and promotion. The Commission has issued regulations specifying the placement and rotation of the warnings, and requiring companies to submit plans setting forth their rotation schedule.(11) In addition, tar, nicotine and carbon monoxide yields for cigarettes are currently determined pursuant to the "FTC method," a uniform testing methodology adopted by the Commission more than thirty years ago; these ratings are then disclosed to consumers in certain forms of advertising pursuant to a voluntary agreement among industry members. The Commission also publishes an annual report listing the tar, nicotine, and carbon monoxide yields of domestic cigarettes. Finally, the FTC enforces the ban on broadcasting smokeless tobacco advertisements on radio and television. Recent Activities Consumer Protection The FTC's tobacco advertising program is an important part of the agency's consumer protection mission. The Commission has taken a number of actions in this area in the past year. Last May, for example, the Commission issued a complaint against R. J. Reynolds Tobacco Co. alleging that the company's Joe Camel advertising campaign induced many young people to begin or continue to smoke, or increased the risk that they would do so, and as a result caused, or was likely to cause, significant injury to their health and safety.(12) The FTC is also in the process of reviewing its tar and nicotine testing methodology to determine what changes are necessary to ensure that the test more accurately reflects smokers' actual experience smoking low tar and nicotine cigarettes. Competition The FTC also addresses tobacco issues as part of its competition mission and has many years of experience examining the competitive structure of the tobacco industry. The Commission has, for example, investigated the competitive practices of cigarette firms and challenged the 1994 merger between The American Tobacco Company and Brown & Williamson, a challenge that was subsequently settled by a negotiated order.(13) In addition, this past September, in response to a request from members of the Congressional Task Force on Tobacco and Health, Commission staff prepared an analysis of the potential impact of the proposed tobacco settlement on competition, prices, industry profits and government revenues.(14) In October 1997, the Commission also testified before the Senate Judiciary Committee's Subcommittee on Antitrust, Business Rights, and Competition on the competitive and economic implications of the antitrust exemption proposed in the settlement. Proposed Advertising and Marketing Restrictions in the Proposed Global Tobacco Settlement As part of the effort to prevent underage use of tobacco, the proposed global tobacco settlement and the various proposed implementation bills would impose significant restrictions on the advertising, marketing and promotion of tobacco products. These restrictions would be either enacted directly by Congress or achieved through consensual agreements between the tobacco industry and the state and federal governments. The proposed restrictions include banning all outdoor and Internet tobacco advertising; prohibiting brand-name tobacco sponsorship of sporting events; excluding human or cartoon figures from all tobacco advertising; limiting tobacco ads to black-and-white text when they appear in publications with a significant underage readership; banning the use of the name or logo of a tobacco brand on non-tobacco merchandise; and prohibiting the use of any non-tobacco brand name as a brand name for a tobacco product. The FTC strongly supports the goal of reducing tobacco use by minors. As has been reported by other agencies, tobacco products pose significant health risks, causing an estimated 400,000 deaths each year. Moreover, studies report that most of those who use tobacco products begin when they are under 18, when they are less likely to fully understand the serious long-term health effects posed by tobacco use.(15) By the time these individuals are older and can better assess the health consequences, they are likely to be addicted.(16) Therefore, one effective means of reducing the death and disease caused by tobacco is to prevent tobacco use by minors. Through its 1992 amendments to the Public Health Service Act, Congress already has recognized that serious public health concerns warrant restricting the sale of tobacco products to minors.(17) We believe that limiting the advertising, marketing and promotion of tobacco products directed to children can be an appropriate and necessary part of a comprehensive approach to reducing youth tobacco use. Such limitations can serve as an important complement to other strategies, such as access restrictions and public education, to reduce underage tobacco use. The FTC further believes that any effort to restrict tobacco advertising to young people must be sufficiently broad to be effective. The FTC each year issues a report on the advertising and promotional expenditures of U.S. cigarette manufacturers. Those reports show that after cigarette manufacturers were prohibited from advertising on television and radio in 1969 (a prohibition that was intended, in part, to protect children), they put tens of millions of dollars into print advertising to sell their products. In more recent years, the cigarette manufacturers have shifted an increasing amount of money away from traditional advertising and into sponsorships and so-called "trinkets and trash" -- T-shirts, caps, and other logo-adorned merchandise -- that some believe are very attractive to young people.(18) To prevent simply another such shift in marketing strategy, a set of advertising and marketing restrictions that addresses the many different ways in which tobacco may be marketed and advertised to minors is necessary. Finally, the advertising and marketing restrictions contained in the proposed global settlement involve a number of complex Constitutional issues. A full discussion of these issues is beyond the scope of this testimony. Nonetheless, the FTC articulated the position in its 1996 comment on FDA's proposed tobacco regulations that restrictions that are appropriately tailored to prevent the advertising and marketing of tobacco to minors will withstand First Amendment scrutiny.(19) The FTC's Role Preventing underage use of tobacco products will require concerted and coordinated effort by the various agencies of the federal government, as well as by states and localities. The FDA has compiled a record concerning the harm done by tobacco products and has issued regulations to address these problems. We believe that FDA's efforts have been valuable in promoting public health and that Congress should affirm FDA's authority to regulate tobacco products as it would any other drug or device. We also believe that the FTC can make a significant contribution to any post-settlement regulation of tobacco advertising. As discussed earlier, the FTC has extensive experience in administering and enforcing the laws that regulate advertising in general and tobacco advertising in particular. Moreover, the FTC is a civil law enforcement agency with investigative and enforcement tools that are well-adapted to regulating tobacco advertising. The Commission, for example, has the power to subpoena documents and testimony, and can issue administrative complaints and conduct administrative proceedings that may result in the issuance of cease and desist orders against practices found to be unfair or deceptive.(20) In proper cases, the Commission also has statutory authority to file suit directly in federal district court to obtain preliminary and permanent injunctive relief, redress for injured consumers, or disgorgement of ill-gotten gains.(21) At minimum, we therefore believe that it is important that any legislation contain an express reservation of the FTC's Section 5 and Section 12 jurisdiction, i.e., that nothing in the legislation is intended to alter or amend the FTC's authority over unfair or deceptive acts or practices or the dissemination of false advertisements.(22) A provision expressly preserving FTC's authority ensures that the Commission will be able to continue to bring the kinds of cases it has always brought in the tobacco area. It also enables the FTC to address unfair or deceptive acts and practices in the advertising or marketing of tobacco products that might not otherwise be covered by the settlement, or for which the FTC Act provides better or more flexible enforcement tools. For example, the FTC recently received a petition complaining about the advertising of "no additive" cigarettes and suggesting that such ads make a deceptive health claim. Although FDA under the settlement legislation would likely also have authority over such a claim, it might have to initiate a lengthy rulemaking proceeding to address the general use of "no additive" claims, whereas the FTC can directly investigate a particular advertiser and, if the complaint is borne out, take appropriate enforcement action. Should Congress, as part of the tobacco legislation currently being considered, determine that the FTC has a role to play in administering the settlement's advertising provisions, the Commission's considerable experience with advertising regulation and the tobacco industry will make it possible to carry out such enforcement responsibilities vigorously and competently. In contrast, to the extent that there are responsibilities set out in the tobacco legislation that depend on scientific knowledge rather than familiarity with advertising practices or the structure of the marketplace, we believe that such responsibilities are most appropriately undertaken by agencies like the Department of Health and Human Services ("HHS"), through either FDA or one of its other health agencies, whose staff possess such expertise. For example, measuring tar, nicotine, and other smoke constituent yields involves complex scientific and methodological questions. Accordingly, the Commission supports proposals that would transfer responsibility for determining such smoke constituent yields to HHS. We would further observe that we have carried out other Congressionally-mandated responsibilities in close cooperation with other federal agencies and with state authorities. We would take the same approach with any additional legislative authority. As noted earlier, there are many areas in which we share jurisdiction with FDA and work closely with it, dividing our responsibilities for the regulation of foods, drugs, devices, and cosmetics based on our respective areas of expertise. Moreover, the FTC regularly coordinates its enforcement efforts with state officials. We share a common enforcement approach with the states on many fronts, with many states enforcing consumer protection statutes and rules patterned after those enforced by the Commission. Separately, recent legislation has expressly granted states the authority to enforce three of the FTC's most prominent consumer protection laws and regulations -- the Telemarketing Sales Rule,(23) the 900-Number Rule,(24) and the Fair Credit Reporting Act.(25) Joint state and federal enforcement in these and other areas has been highly successful, resulting in more extensive and effective enforcement than would otherwise have been possible.(26) The state attorneys general have played a critical role in bringing forth a comprehensive tobacco settlement. Should that settlement be enacted, the state attorneys general will, and should, continue to play an important role in enforcing its terms. Based on our experience, we strongly support the dual federal-state enforcement scheme contemplated by the proposed settlement. Coordinated federal-state enforcement of the proposed restrictions on tobacco advertising and marketing seems particularly appropriate as many of the proposed restrictions have specific, local applications.(27) Antitrust Exemption Let me now turn to the industry's request for an antitrust exemption for activities relating to the settlement. Any proposal for antitrust immunity is a serious matter and deserves careful examination. Antitrust immunity that is unnecessary, imprecise or excessively broad can enable firms to engage in collusive arrangements that could harm consumers. As a general matter, immunity from the antitrust laws is exceptional and disfavored -- there are few industries or competitive situations in which the antitrust laws do not apply.(28) As noted earlier, on October 29, 1997, I presented the Commission's testimony on this issue before the Senate Judiciary Committee's Subcommittee on Antitrust, Business Rights, and Competition. That testimony addressed the proposed antitrust exemption contained in the June 20, 1997, proposed tobacco settlement and our analysis was based on our understanding of the industry's antitrust liability concerns at that time.(29) We stated that an antitrust exemption is not required in order to achieve the goals outlined in the proposed settlement. At the same October 29 hearing, an industry representative, Mr. Meyer G. Koplow, presented testimony in support of an antitrust exemption, outlining five possible reasons an exemption might be needed.(30) Today, I would like to revisit the Commission's October 29 testimony and discuss some additional matters raised by the industry's October 29 testimony and subsequent events. The fundamental issue is whether the implementation of any terms of the settlement or of any statutory provisions would require collaborative conduct on the part of the tobacco product manufacturers, or whether unilateral compliance with such provisions would suffice. If Congress determines that collaborative conduct is reasonably needed for any legitimate purpose, any antitrust exemption should be narrowly drawn to cover only that conduct. The immunity provision contained in the proposed global tobacco settlement is very broad. It reads as follows: At the time of the Commission's October 29 testimony, it appeared that the tobacco product manufacturers wanted the proposed immunity provision to protect them in three hypothetical situations. First, manufacturers suggested that they might need to discuss and agree on issues relating to the pass-through of Annual Payment amounts. Second, manufacturers contended that they might need to agree to implement privately the proposed marketing and advertising restrictions in the event that statutory provisions are invalidated on First Amendment grounds. Third, manufacturers stated that they might find it necessary to join forces to deal with retailers that undermine efforts to reduce underage smoking. Mr. Koplow's October 29 testimony addressed the first and third issues but did not discuss any possible need for private implementation of marketing and advertising restrictions in the event of a successful First Amendment challenge to statutory restrictions. Rather, Mr. Koplow stated that an antitrust exemption was needed because "[t]he industry is agreeing, pursuant to a protocol-- a contract with the federal government and the states -- not to engage in various forms of advertising, marketing, and promotion . . . ."(32) In addition to this issue and the issues relating to the pass-through of Annual Payment costs and joint dealings with uncooperative retailers, Mr. Koplow's testimony also discussed a need for an exemption for the allocation of annual payment amounts and tort liability costs on a market share basis, as well as for "further actions going forward on an industry-wide basis that could be necessary to reduce underage incidence." The following is a discussion of whether any of these situations warrants a grant of immunity. (1) Collaboration on the Pass-Through of Annual Payment Amounts The industry's October 29 testimony acknowledged that an antitrust exemption might not be needed for this purpose if a pass-through requirement is enacted as part of the statute. Thus, the industry agrees with the Commission's view. If a pass-through provision were enacted, manufacturers could comply individually with the statutory requirement. Moreover, even without a legal requirement to pass on the Annual Payment amounts, the industry's historical record, as well as economic logic, demonstrates that firms would pass on the Annual Payment amounts without needing to engage in an agreement requiring an antitrust exemption.(33) A related issue is whether an antitrust exemption would be necessary for the purpose of allocating shares of the Annual Payment amounts and tort liability costs. If an appropriate statutory mechanism were provided, however, the tobacco firms would not have to enter into agreements for that purpose. For example, if the Annual Payment amounts are to be allocated according to each manufacturer's share of sales or some similar method, the statute could specify the mechanism for doing so. A neutral third party could be assigned the task of determining the allocations, and the manufacturers could be directed to transmit sales information to that third party. Such an approach would obviate the need for any agreement among the manufacturers. (2) Collaboration on Marketing and Advertising Restrictions Some have also argued that certain marketing or advertising restrictions might have to be implemented by agreement among the manufacturers in the event that statutory provisions containing such restrictions are invalidated on First Amendment grounds. The Commission's October 29 testimony stated that the call for antitrust immunity was premature since we could not predict the likelihood and outcome of any First Amendment challenge. In addition, we noted that it would be necessary to more closely examine whether the embodiment of the marketing and advertising restrictions in state and possibly federal consent decrees -- or, as Mr. Koplow has suggested, in a protocol with the states or the federal government -- might in fact obviate the need for an antitrust exemption. The Commission continues to believe that the industry has not demonstrated a need for an antitrust exemption on these grounds. (3) Joint Action to Address Problems with Uncooperative Retailers Another reason advanced for antitrust immunity is that the manufacturers might need to join forces to deal with retailers that undermine the manufacturers' efforts to reduce underage smoking by not complying with restrictions on access to tobacco products by underage consumers. As I testified on October 29, although retailer compliance with access restrictions is a valid concern, it does not appear that manufacturers would have to engage in potentially anticompetitive conduct, such as a group boycott, to address the problem of an uncooperative retailer. First, the proposed legislation, as contemplated by the settlement, would contain incentives for the manufacturers to respond individually to non-complying retailers. The strong penalties for not meeting target reductions in underage smoking could be abated to some extent under the proposed legislation if a manufacturer acted in good faith and took all reasonable steps to achieve the required reduction.(34) A unilateral decision to reduce or stop dealing with a non-complying retailer should be evidence of good faith, and hence a manufacturer would have an incentive to take such action. Therefore, no antitrust immunity would be required to achieve this result. Second, the proposed legislation would provide additional mechanisms for state enforcement if a retailer failed adequately to control sales to minors. For example, the state could suspend or revoke the retailer's license to sell cigarettes, or it could assess other penalties.(35) Assuming state enforcement is rigorous, private agreement among the manufacturers to engage in self-help enforcement appears unnecessary.(36) (4) Catch-all Provision for Future Agreements Finally, the Commission is especially concerned about the proposal for a catch-all immunity provision, such as the one contained in the proposed global tobacco settlement. The industry's broad-based proposed immunity provision seeks to address purely hypothetical situations and presents a significant risk of price increases (and industry profits) higher than those contemplated by the settlement. Moreover, this provision is inconsistent with most instances where antitrust exemptions have been used. In the rare cases where Congress has conferred a statutory grant of immunity for joint action of competitors, the provisions have more typically excluded specific classes of commerce from the antitrust laws or have exempted a specific transaction or agreement that has been approved by a federal agency, usually in the context of a regulated industry.(37) In contrast, the immunity proposed in the tobacco settlement does not seek to exempt defined categories of transactions or agreements. The Commission believes that the overall proposed immunity provision is problematic in that it is limited only by the general reference to the goals of the settlement agreement and the proposed implementing statute.(38) Because one of the goals of the settlement is to discourage underage smoking through higher prices that reflect a pass-through of the Annual Payment amounts,(39) the immunity provision might be construed to permit the manufacturers to agree on the actual prices of their cigarettes, not simply on the amount of their Annual Payments. Although the proposed immunity provision does include a requirement of prior approval by the Department of Justice for "any plan or process for taking action pursuant to this section,"(40) the proposed provision presents significant risks of unintended or inconsistent effects. Even a limited discussion among the manufacturers could result in impermissible "signaling" and result in anticompetitive price increases or other harm to consumers. It would also be difficult to monitor and control the scope of such discussions. Further, the type of exemption mechanism proposed by the industry, requiring approval by either the Commission or the Department of Justice for proposed courses of action, would thrust upon the specified agency an unwarranted and unrealistic regulatory function. The proposed provision is extremely broad and has no limiting principles based on real and identified needs for an exemption. As a result, the agency would be faced with the possibility of a large number of applications covering a wide range of conduct that in theory might be linked to some goal of the settlement. Each application would require the agency to study the effects on the industry, consumers, and third parties, and determine whether the proposed exemption would be consistent with statutory goals and the public interest. This would detract from the agencies' core mission of enforcing the antitrust laws. I also would like to discuss an antitrust immunity provision that we have not previously addressed -- an exemption for newly-formed tobacco industry trade associations, subject to oversight by the Attorney General. The Commission sees no apparent justification for such an exemption. The antitrust laws are flexible enough to accommodate the many legitimate activities of trade associations, which also occasionally enter into agreements that are anticompetitive and harm consumers. Over the years, the Commission has brought a number of enforcement actions involving various kinds of trade associations. The proposed exemption for any new tobacco trade association is not necessary and could set an unfortunate precedent. Accordingly, the Commission believes that the industry has not established a need for any antitrust exemption in order to implement the proposed settlement. Although we firmly believe that the tobacco companies ought not to be subject to increased exposure to potentially damaging private antitrust suits as a result of the settlement, they have not demonstrated that to be a likely outcome. Of course, if the tobacco companies ever do establish the need for an antitrust exemption, the issue can be addressed at that time. The Commission is available to work with the Committee if that need arises. Summary In light of the FTC's expertise in consumer protection and competition matters, the Commission believes it can make a substantial contribution to any post-settlement regulation of tobacco advertising and to consideration of other issues raised by the proposed settlement. 1. This written statement represents the views of the Federal Trade Commission, with Commissioner Mary L. Azcuenaga not participating. My oral presentation and response to questions are my own, and do not necessarily represent the views of the Commission or any other Commissioner. 2. 15 U.S.C. § 45. 3. 15 U.S.C. § 52. 4. Since adoption of the Memorandum of Understanding, FDA has also been granted express jurisdiction over the advertising of restricted medical devices. Medical Device Amendments of 1976, Pub. L. No. 94-295, 90 Stat. 539 (1976). The FTC, however, retains concurrent jurisdiction over the advertising of restricted medical devices under Section 5 of the FTC Act and, with the exception of the power to regulate statutorily mandated statements of intended use, under Section 12. See In re Dahlberg, 1995-1 Trade Cas. (CCH) ¶ 70,963 (D. Minn. 1995). 5. See, e.g., Julep Tobacco Co., 27 F.T.C. 1637 (1938) (stipulation prohibiting claims that Julep cigarettes help counteract throat irritations due to heavy smoking and never make the throat dry or parched). 6. See Trade Regulation Rule for the Prevention of Unfair or Deceptive Advertising and Labeling of Cigarettes in Relation to the Health Hazards of Smoking, 29 Fed. Reg. 8324, 8354 (1964). 7. Pub. L. No. 89-92, 79 Stat. 282 (1965), as amended by Pub. L. No. 98-474, 98 Stat. 2204 (1984), and by Pub. L. No. 99-92, § 11, 99 Stat. 393, 402-04 (1985), current version at 15 U.S.C. § 1331 (1994). 8. See Lorillard et al., 80 F.T.C. 455, 460-65 (1972) (consent orders). Under the orders entered into with six tobacco manufacturers, the companies were required to disclose the Surgeon General's warning in identified forms of advertising. The consent orders were modified in 1981, when the Commission sought civil penalties in federal district court against each of the cigarette companies for failure to comply with the 1972 orders. See United States v. Lorillard, No. 76-Civ. 814 (JMC) (S.D.N.Y. July 13, 1981). In 1984, Congress amended the Cigarette Act to require rotational warnings for both advertising and package labeling. 9. 15 U.S.C. §§ 4401 et seq. 10. Although the Commission administers the Cigarette Act, the Department of Justice enforces it. 11. 16 C.F.R. § 307. Unlike the Cigarette Act, the Smokeless Tobacco Act gives the Commission authority to enforce the health warning requirement. 12. The R. J. Reynolds matter is currently pending
before the agency in litigation before an administrative law judge. Accordingly, the
Commission cannot discuss the merits of these allegations. Any decisions in this matter
must be based solely on the record of the proceeding and the facts presented therein. 13. FTC v. B.A.T. Industries p.l.c., 94 Civ 7849 (motion for preliminary injunction filed Oct. 31, 1994, S.D.N.Y.); B.A.T. Industries p.l.c., FTC Docket No. D.9271 (consent order 1995). Under the April 1995 settlement, BAT agreed to divest certain assets, including brand names (Montclair, among others) and production facilities. That divestiture was completed in October 1996. 14. Federal Trade Commission, "Competition and the Financial Impact of the Proposed Tobacco Industry Settlement," Report prepared by the staff of the Bureaus of Economics, Competition and Consumer Protection at the request of the Congressional Task Force on Tobacco and Health, September 1997 ("Staff Report"). The Staff Report concluded that several features of the settlement, most notably the broad antitrust exemption, might allow cigarette manufacturers to realize substantial profits by increasing the prices of cigarettes beyond the level needed to satisfy the annual payments included in the settlement. Although government revenues associated with the settlement would also be substantial, the cigarette firms would be able to retain about two-thirds of the financial benefits that would flow from any enhanced coordination associated with the antitrust exemption. In November, FTC staff submitted a supplemental evaluation to Congress addressing issues raised by the tobacco industry regarding the September Staff Report. 15. See, e.g., U.S. Department of Health and Human Services, Preventing Tobacco Use Among Young People: A Report of the Surgeon General, Atlanta, Georgia: U.S. Department of Health and Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 1994 ("1994 Surgeon General's Report"); Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to Protect Children and Adolescents, 60 Fed. Reg. 41,314 (1995) ("FDA proposed tobacco regulations") and 61 Fed. Reg. 44,396 (1996) ("FDA final tobacco regulations"). 16. See, e.g., 1994 Surgeon General's Report at 104; FDA proposed tobacco regulations; FDA final tobacco regulations. 17. Section 1926 of the Public Health Service Act conditions a state's receipt of the full amount of Federal block grants for prevention and treatment of substance abuse upon the recipient state's having in effect "a law providing that it is unlawful for any manufacturer, retailer, or distributor of tobacco products to sell or distribute any such product to any individual under the age of 18." 42 U.S.C. § 300x-26(a)(1). 18. See, e.g., Institute of Medicine, Growing Up Tobacco Free: Preventing Nicotine Addiction in Children and Youths, pp. 108-110 (Barbara S. Lynch and Richard J. Bonnie, eds., 1994). 19. Comment of the Federal Trade Commission, In the Matter of Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to Protect Children and Adolescents, Department of Health and Human Services, Food and Drug Administration, Docket No. 95N-0253 (January 1996). 20. 15 U.S.C. § 45. A practice is "deceptive" if it makes a representation or omission of fact that is likely to mislead consumers acting reasonably under the circumstances, and that representation or omission is material. See Letter from the Commission to the Honorable John D. Dingell, Chairman, Committee on Energy and Commerce, U.S. House of Representatives (Oct. 14, 1983); reprinted in Cliffdale Associates, Inc., 103 F.T.C. 110, appendix (1984). A practice is "unfair" if it is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. 15 U.S.C. § 45(n). 21. 15 U.S.C. § 53(b). 22. The proposed tobacco settlement negotiated by the state attorneys general provides that the FTC is "to retain existing authority, except for 'tar,' nicotine, and carbon monoxide testing." 23. 16 C.F.R. § 310. 24. Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992, 16 C.F.R. § 308. 25. 15 U.S.C. § 1681 et seq. 26. For further information on recent efforts by the FTC and state officials to coordinate enforcement activities, see generally Federal Trade Commission, The Power of Partnerships: FTC-State Cooperative Efforts (Bureau of Consumer Protection, March 1996); Federal Trade Commission, Report to Congress Pursuant to the Federal Trade Commission Act Amendments of 1994 (February 1995). 27. Although much tobacco advertising is most efficiently monitored and enforced on a national basis -- for example, advertising on the Internet or in national magazines -- restrictions on other forms of advertising or marketing, such as point-of-sale advertising and the use of local media (e.g., local newspapers) to advertise tobacco products, are more likely to be effectively enforced if there is a clear grant of enforcement authority to the states. 28. See generally ABA Section of Antitrust Law, Antitrust Law Developments 1135 (4th ed. 1997) ("With few exceptions, the antitrust laws apply to all industries."). 29. FTC staff had previously examined the proposed immunity provision in detail and presented its analysis in an appendix to the Staff Report on the proposed settlement. See Staff Report, supra note 14. 30. Testimony of Meyer G. Koplow before the Subcommittee on Antitrust, Business Rights, and Competition (October 29, 1997). 31. Proposed Global Tobacco Settlement, Appendix IV, part C.2. 32. Testimony of Meyer G. Koplow, supra note 30, at 2. 33. The Annual Payments would be treated as an added (marginal) cost of business and would be taken into account in setting price. In fact, certain studies have shown that tobacco product manufacturers historically have been able, without any apparent express collaboration, to impose price increases that exceed any additional costs they may have incurred. Staff Report at v, 25-26. 34. See Proposed Global Tobacco Settlement, Title II and Appendix IV. 35. See id., Title I, Part D, and Appendix II. 36. Self-help enforcement by agreement among the manufacturers also would raise serious questions about the rights of third parties who are targeted by the manufacturers. 37. See Staff Report at A-3 - A-4. Prior approval of an agreement by a federal agency has not been required where the scope of the immunity was very limited, but broader grants of immunity have been accompanied by strict controls on the development and implementation of agreements. Id. at A-4 - A-5. 38. Manufacturers are left to determine on their own, in the first instance, what joint activity may be appropriate to carry out the purposes of the statute. Although those determinations are subject to review, the resolution of any disputes over the manufacturers' determinations may require costly litigation. 39. Proposed Global Tobacco Settlement, Title VI, part B.7. 40. Id., Appendix IV, part C.2. There is a major exception to that requirement, however. Under the proposal, prior approval would not be required for "specific actions taken in accordance with an approved plan." Id. Since the specific actions need not be disclosed, a number of anticompetitive agreements could take place without the government's knowledge. Although Mr. Koplow's testimony noted that the industry's application for an exemption under this provision would provide details of the proposed action, that would not obviate our remaining concerns. |


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China Unveils Tighter Internet Regulations
Wall Street Journal Editorial Board member Mary Kissel on China's stricter regulations on the internet.
Dec 28, 2012
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Wall Street Journal Editorial Board member Mary Kissel on China's stricter regulations on the internet.
Dec 28, 2012
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-- -- -- After -- turnover in the leadership of China's Communist Party that country is unveiling new Internet regulations today creating even tighter restrictions and now allowing entire posts and pages to be deleted.
If they're deemed to be.
Illegal now what does this Internet reform mean for the people of China.
For companies doing business there joining us to discuss all this Mary kissel wall street journal editorial board member.
And it do we -- the transition of power in China and everyone thought this new regime was the more enlightened is the perhaps the less.
Strict and restrictive Communist.
Regime but it seems as if four legs bad two legs good still is in play.
-- -- in this regime is really no different from the last one this is a cat and mouse game the China has been playing with Internet users -- -- unit was introduced.
To China a couple of decades ago so.
If this is just the latest in the series of restrictions unit pages can already be blocked.
That's usually foreign web sites but what China's discovering ironically enough.
Is that it's -- the outside world.
That they need to be afraid of it's actually the Chinese people themselves who want more freedom so -- Investors who are looking at companies in China or who are doing business in China this would seem to -- to be the beginning of a real problem you cannot -- mention to you during the commercial break this book why nations fail.
You cannot have.
Economic growth but political exclusion and much of god and China's 82 million members of the Communist Party who all enjoyed the benefits in the prosperity of their economy.
Your paper has been doing the expose a about a 160 members the people's paradise Politburo who are getting incredibly wealthy.
And -- their own citizenry understands they are being robbed and don't they eventually rise up.
They they do with the increased fallacy about -- that somehow all of the Chinese people are happy because the country is seen such a great expansion.
Of wealth and prosperity since the since they opened up to the rest of the world in the early eighties but the truth is that this is a very very corrupt regime.
From top to bottom and what the Internet has allowed the Chinese people to do was to expose that corruption.
We saw earlier this year with those you -- he was rising star in the Chinese party.
He was taken down the blind lawyer who's now living here in New York City well he was very famous on the Internet.
And has become even more so since he's come Ben here.
So they've -- -- -- have an issue because they need need to curb corruption but they don't have the tools to do written cracking down on the Internet is going to -- and even -- So wouldn't be in the regime's best interest to allow this free flow of information in the Chinese citizens to call up the corruption they witness having heart of because -- -- -- Adam not not if you're one party state you're right -- you were sitting here in the United States it's democracy it's different.
Have a question for for investors is what kind of companies might be hit by this.
My point you -- micro blog operators -- on which operates thug and a Twitter like site wave -- You know you have to be where these Chinese stocks are -- -- been very volatile they're subject to weak rule of law.
Regulation which is very very difficult to predict so here you go yet another example of the risks of investing in China.
All right Mary kissel we appreciate your being here I know all the sort -- -- are watching right now so we wish them happy new year happy new year.
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Romantic for Adults - Gifts for the Spiritual Soul - $25 to $50
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Ages Under 45
Any farmers/cowboys?
Hey, so I'm pretty new on here and have been searching around and I can't seem to find any young men interested in farming and just raising a family living off the land for the most part. I'm a total cowgirl and just want to return to country life and was just looking for others who share the same interest.
Have you searched Stillwater, Oklahoma? (just a little joke from an OU Sooner grad )
Searching in and around land grant universities may yield more results for men who are interested in tending the land and raising livestock. Farming and ranching is definitely hard work and making a living from it is difficult. Good Luck.
Thought this was going to be about the Paul Harvey So God made a farmer commercial: www.youtube.com
Cowboys galore (and Catholic ones too) in San Angelo, Ozona, Mertzon, Big Lake, Sonora and Christoval, Texas. Plus, you can go to the local rodeo area and find them practicing about 7 days a week. Take a week's vacation. Many of the churches have coffee after mass and Saturday night dances, too.
One more, then I'll stop with this. In Lubbock where another young man on this site live, and who posts in the forums quite often, should know about the Catholic community of young people in Lubbock - to me at any rate, the community appeared huge. Of course, Texas Tech is there, along with several other colleges and universities. Just sayin...
Sweetheart, come to Texas if you don't mind crazy weather. :) I think you'll be pleased. Our local junior college even has a rodeo team - and there are major universities here that do too. I am personally a Longhorn but if you went to the other college their agricultural programs probably have many young men who might have the same ideas.


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| ||||
Moderated by: javal1 |
New Member | Rate Topic |
Author | Post |
Posted: Tue Apr 21st, 2009 06:50 pm |
1st Post |
buckeyecavalier Member
Greetings All, I am new to the board. My name is Tom Callaway, a longtime student of the Civil War. I spent 5 years reenacting and have been an avid historian. I have been a member of the SCV , membership claimed based upon the service of my Great Great Great Uncle Major General JEB Stuart. My area of interest lies in the Western Theater and I have spent many days at the battlefields in TN, GA and MS. I now live in Ohio and as you can imagine the availability of Confederate info is small, however it has been interesting to see the war in the west from the other side. I am eager to active on the list. ____________________ Tom Callaway |
Posted: Wed Apr 22nd, 2009 01:25 pm |
2nd Post |
Devils Den Member
Welcome to the group! |
Posted: Wed Apr 22nd, 2009 04:39 pm |
3rd Post |
j harold 587 Member
Welcome to the Buckeye state. Where were you living before? Although there are not alot of Confederate points of intrest here there are many points of intrest regarding Morgan's raid here in SW Ohio. I have not found it, but there is a Confederate cemetary in Columbus that were POWs who died while incarcerated at the state penetentary. Also Johnsons Island where there was a POW camp. You may want to try to find the friends of Johnsons Island web site. At one time they could set you up for a day to actually do some excavation on the achiological dig that is going on there. You will find that there are many knowledgeable, helpfull, and freindly fokes here. |
Posted: Wed Apr 22nd, 2009 04:43 pm |
4th Post |
j harold 587 Member
I forgot to add I just found a fater and son who served in the 12th Va. calvary who are my relatives. The father was a cousin of my G Grandfather who served in the 145th OVI. They enlisted togeather and served through out the war. |
Current time is 04:03 pm | |
Civil War Interactive Discussion Board > About this Forum - Start Here > Introductions > New Member | Top |


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Are you brave enough to take on the challenge of our spooky trail this Halloween? Find the creepy clues hidden around the castle grounds and solve the challenge to win a terrible treat!
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Appalachian-Adventures Lodging in Luray
- bedrooms 3
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- sleeps 6
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- pets allowed yes
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Our Mountain Cabin was built with the utmost care and devotion for the comfort of our guests. If you value quality, come and stay us. This cabin is the perfect choice for a romantic getaway or a cozy country home for families and friends.
Beautifully designed fireplace, hot-tub and jacuzzie.
Adjacent to the Shenandoah National Park, surrounded by the beautiful Blue-Ridge Mountains, and located only only 7 miles from the Shenandoah River.
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but then amds fake cores have a scaling of 80% on average, intels fake core barely top out 30% on their best day soo that being said amd by far has the more sophisticated multi thread advantage, as intel cant go over 6 without running into problems, now if only amd can increase single threaded performance and they will be better than ever. also as far as the "fake" cores go, steamroller will put that argument to an end once the decoder is dedicated per core, and whatever extra ipc that brings is ever better
I'm not sure if many people saw this, but I was discussing HT scaling in 7-Zip on the benchmark thread for it on the forums here, and HT scaling isn't that good. HT can actually slow you down if you're running 4 threads on a 4c/8t setup with 7-Zip. Here is some data, interpret it how you will, but it clearly shows that HT does not scale well and when you start scheduling things onto the HT cores when they're not needed, you lose performance. This is on the same exact hardware with cores and ht being disabled and enabled in different ways. If I had a Vishera CPU, I would test with that too. Trust me, AMD has the better idea for multi-threading because at least the modules are more closely symmetric, unlike HT vs a real core. Edit: Also don't misunderstand what I'm saying. Intel makes a very fast processor, AMD's core just scale better compared to Intel's CPUs with HT.
I'm obvious an AMD fanboy because I have a skt2011 rig and I actually did tests that resulted in numbers? Give me a fricken break. At least I produced data to prove my point, you're just blabbering useless non-sense. Also, the only thing I see four of from that picture is the L3 caches in the center of the die. You obvious don't know what you're talking about, so before you make a fool of yourself maybe you should actually find out what you're looking at. I've marked the CORES in red (including L2 caches, which are technically shared I think but changes nothing), and the L3 cache in purple... Edit: Yes, I know. I'm over-simplifying it, but you get the basic idea. The FPU is mixed somewhere in there, but my vision is only 20/20 and the resolution of the picture is kind of small. I can't see the 32nm wires to actually describe what is what, so you shouldn't claim that you can.
fool and troll are allowed then? Please explain then what happens when you have L2 cache shared and also L3 shared, compared to an individual core, individual cache.
1: You know better than to double post. You know how to use multi-quote and the edit button. 2: Intel uses a shared L3 cache as well. 3: AMD shared the L2 cache to save space. The benefits out-weight the costs because you won't see a performance loss on a single thread because nothing else is touching the cache. 4: You're being called a fool and troll because you don't know what you're talking about. Not that I condone it and you started by calling me a fan boy, so I wouldn't go opening that can of worms. 5: The main reason is because the IPC is low due to increased chance of branch mis-predictions due to the length of the pipeline as well as how many instructions each "core" (NOT MODULE) can execute per cycle (which Vishera improved to some extent with the improved branch predictor and added x86 decoders.) Yeah, AMD hasn't gotten it perfect for single-threaded applications, but it's a multi-threaded beast and as soon as AMD improves the IPC a bit more, it will be a lot more powerful than it already is not even considering the benefits to be had once they start producing it on a smaller process. Also, if you knew anything about how memory heirarchies work, you would know that shared L2 cache would be the bottleneck when both cores in a module are running full power, not on single-threaded applications. So maybe you need to do a bit more research before you start claiming things that have no relevance considering AMD's multi-core performance is pretty good, despite executing fewer IPC. So all in all, I don't agree with the labeling and I'm guilty of doing it from time to time (I'm trying not to, I really am. ) but there is a reason why people get frustrated and start resorting to such tactics. All in all, your comments have no factual backing and you're making a boatload of false assumptions... and you know what they say about making assumptions. Or we need to wait for AMD to continue improve how many instructions per clock so all 8 cores run fast. I also don't find many people with Vishera chips complaining about them which usually is a sign that they're not that bad. Now now, you don't need to call Prima.Vera a fool, only the pitty is required.
No, I like correcting people when people don't know how to provide factual information. Now are you going to continue to insult me because I'm trying setting the record straight or are you going to actually do some research so I have someone knowledgeable to debate this with? If you're going to continue to attack me and turn this into an Intel/AMD war, then you need to stop. All you're doing is degrading the quality of this thread for people who actually want to talk about it.
The same thing that happens when L2 is shared between two cores in Core 2 Duo. Squat. With your way of counting cores looking at cache hierarchy, Core 2 Quad must be a dual-core processor.
Ever heard of L1 instruction and data cache? Pretty sure that every core has both. So what does that mean? *cough* 8 cores. +1: You just became my best friend for the day.
Hyperthreading is a technique. A technique doesn't exist in the physical, thus it virtually doesn't produce addtional heat. AMD's additional cores isn't a technique, it's cores exist in the physical, thus produce heat. So you want 4 physical cores to produce the same heat as a technique which doesnt exist in the physical?
Wrong, but the heat produced is minimal. A core with HT will run a bit warmer than one without (assuming both threads are fully utilized,) because it's using the used CPU resources to execute that second thread (hence why gains aren't all the great.) AMD however has added shared resources in order to run two almost symmetric cores in tandem while saving die space. Neither are bad, they're just different technologies with different goals in mind. HT adds efficiency to multi-threading sacrificing multi-threaded performance where AMD has something that scales better. Even more so when you improve how many instructions you can execute, because even small gains on an 8-core will scale almost equally across all 8 cores, unlike HT. Keep in mind, though, I can't emphasize this enough. Neither technology is bad.
+1 I'm crunching with an FX-8 and an i7 Hex core (among others) and I just noticed that CPUID HW Monitor reads all 8 cores on the FX but only the 6 physical cores on the i7 OT- very interested in a 95w FX-8 Vishera but the price needs some work..... :shadedshu
Yes I know this. But I'm comparing hyperthreading to multiple physical cores, not non hyperthreaded processor vs a hyperthreaded of the same physical core count. I guess I should have said it virtually doesn't produce additional heat, because the additional heat produced is negligible compared to having more cores, to the point where I didn't think it had to be mentioned.
Given Intel's practice of charging ridiculous cost premiums for slightly-lower-wattage CPUs, I don't see why AMD can't do the same. In fact I'm wondering why AMD isn't making more noise about this - they've now got a CPU that is (on paper, at least) competitive with the i5-2500K in all aspects. All they need to do now is get the 22nm transition right and improve the IPC and they'll have a winner on their hands. Let's see if Steamroller can pull it off.
A 95W TDP doesn't guarantee a good bin, all it guarantees is that the silicon performs within that power envelope, at the specified frequencies within tolerable limits. It doesn't guarantee that it will scale in performance and efficiency at higher voltages and clocks just as the 8350s do. Some might perform as well and as efficiently as an 8350, but I would bet it's not many of them. Unless, of course, the fab is producing super-duper good silicon, more than they need for 8350 skus... I doubt that.
TDP doesn't work that way. The 8320 is labeled as 125w because it is higher than 95w and lower than 126w, it could be anywhere between 95w and 125w. The 8320 could be 100w, the 8350 could be 120w. Just because they are both labeled 125w doesn't mean they both actually use the same amount of power.
TDP = cooling needed, not power draw. IF AMD is charging more, it's a better chip. I'll believe that, no problem. There is ZERO reason for a higher price, except that the silicon is better. 8350 is 4.0 GHz, 4.2 GHz Turbo.
So you don't believe that heat comes from power drawn? A processor that produces 125w of heat is going to pull more power than a processor that produces 95w of heat. You know very well that the power draw of two processors in the same family can be compared using TDP, the processor with the higher TDP will pull more power.


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Past Exhibitions
They Wove for Horses: Diné Saddle Blankets
March 25, 2012 through August 18, 2013
They Wove for Horses: Diné Saddle Blankets opens at the Museum of Indian Arts and Culture on March 25, 2012 (on long-term view). The exhibition highlights both the textile-weaving proficiency of Diné weavers who produced complex saddle blankets for all occasions and the design skills of Diné silversmiths who created dazzling headstalls of silver and turquoise.The saddle blankets on exhibit date from 1860 to 2002 and are arranged by weaving methods: tapestry weave; two-faced double weave; and twill weaves of diagonal, diamond, and herringbone patterns. By using a variety of warp and weft yarns—natural wool, cotton, angora mohair, unraveled bayeta, and Germantown—weavers added individuality to the everyday and fanciful tapestries they created for horses.Horse trappings on exhibit reveal the great pride that Diné horsemen took in their horses and how they adorned them for ceremonial and social events. The Diné first learned how to manufacture saddles and bridles from neighboring cultures and their proficiency quickly surpassed that of their mentors. That devotion resonates still, as the horse remains a viable living force in Diné life today.
Margarete Bagshaw: Breaking the Rules
February 12, 2012 through December 30, 2012
Margarete Bagshaw: Breaking the Rules features more than 30 paintings (some on sculpted wood panels), bronze and clay as wall art and multi-colored ceramic vessels that demonstrate the breadth and multi-dimensionality of Margarete Bagshaw's work.
Creative Spark! : The Life and Art of Tony Da
February 13, 2011 through December 31, 2011
Creative Spark: The Life and Art of Tony Da is the artist's first comprehensive museum retrospective. On view will be the largest group of Da's paintings and pottery ever gathered in one place. The exhibition opens at the Museum of Indian Arts and Culture on February 13, 2011 running through December 31, 2011.
Huichol Art and Culture: Balancing the World
April 11, 2010 through February 12, 2012
For the first time, the Museum of Indian Arts and Culture/Laboratory of Anthropology presents a significant collection of Huichol art from the early part of the last century in Huichol Art and Culture: Balancing the World. The exhibition opens at the Museum of Indian Arts and Culture April 11, 2010 and has now been extended to run through February 12, 2012. There are important ties between Huichol work and Native American, prehispanic, and Hispanic art histories and cultures. Known today for colorful, decorative yarn paintings, the origins of modern Huichol art are found in the earlier Huichol religious arts of the Robert M. Zingg ethnographic collection at the Museum of Indian Arts and Culture.
Harry Fonseca: In the Silence of Dusk
February 14, 2010 through January 2, 2011
The exhibition Harry Fonseca: In the Silence of Dusk focuses on four series of paintings that explore the transformative and mythic forces that Fonseca perceived in himself and the world around him. The painting series include In the Silence of Dusk, Stone Poems, St. Francis of Assisi; and Seasons. While not a retrospective, the exhibition explores Fonseca's body of work as it changes focus from stylized but representational studies based on his Native American heritage to more abstract explorations of his world to non-objective compositions celebrating color. All of the works in the exhibition are courtesy of the Harry Fonseca Trust. The exhibition opens at the Museum of Indian Arts and Culture on Sunday, February 14, 2010, 1:00-4:00 p.m. and runs through January 2, 2011.
Native Couture II: Innovation and Style
August 30, 2009 through February 21, 2010
Native Couture II: Innovation and Style opens at the Museum of Indian Arts and Culture on Sunday, August 30, 2009. This exhibition explores the history of Native fashion from hand-made clothing and accessories of the 1880s that influenced the development of a Santa Fe Style, to today's contemporary Native couturiers. At its root, Indian art is the quintessential original American art. This centuries-long influence of Native American art requires the buyer, or wearer, and the American public in general to ponder the origins of a truly unique American style.
Native American Picture Books of Change
February 15, 2009 through January 2, 2010
Native American Picture Books of Change—is an exhibition of original works by Hopi, Navajo, Apache, and Pueblo artists who illustrated children's books in the 1920's through today. Based on the book of the same title by Rebecca Benes, the exhibition focuses on illustrations in Native American children's books of the last century. Emerging Indian artists illustrated the stories for Indian students based on Native oral traditions and narratives about everyday Indian life.
A River Apart
October 19, 2008 through October 2, 2011
Two major rivers and their tributaries - the Colorado River and the Rio Grande - have shaped both the landscape and the distribution of indigenous villages. Neighboring New Mexico pueblos on the banks of the northern Rio Grande - just a river apart - the communities of Cochiti and Santo Domingo share a ceramic tradition extending back almost 1,500 years. This permanent collection - A River Apart - preserves these iconic cultural representatives.
Comic Art Indigène
May 11, 2008 through January 4, 2009
Comic Art Indigène looks at how storytelling has been used through comics and comic inspired art to express the contemporary Native American experience.
Native Couture
December 16, 2007 through April 21, 2009
Santa Fe style represents a state of mind, it is not just jewelry and clothing but a feeling inside, a sense of place and that total belief in the Navajo saying, "Walk in beauty."
Spider Womans (NA ASHJEII ASDZÁÁ) Gift
May 14, 2007 through September 2, 2007
Spider Woman's (Na ashje'ii 'Asdzáá) Gift: Navajo Weaving Traditions, a long-term exhibition, features weavings from the 1850s through the 1890s—the Classic and Transitional periods.


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While I agree with the purport of this article I am alarmed by the fact that it is written and gets so much approval. The reason is that there is a realistic prospect for banning assault weapons. But many gun owners are afraid that liberals want to ban all weapons and that fear drives a lot of the opposition to any gun control.
It is a little like Hamas saying that Israel should not exist and they do have a point. Why should Arabs pay for the crimes committed by Hitler against the Jews? But saying "Israel should not exist" only results in more nuclear weapons in the hands of Israel and more settlement building.
If you have no respect for your opponent and insist on driving him into a corner, don't be surprised if the reaction is one you do not like.


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November 12th, 2008: I did a few updates to my site! I added some social bookmarking links beneath the comic because that is what all the cool kids were doing two years ago and now that it's well-established I can act like I knew about this all the time. Plus I find them useful! It does clutter up the design a li'l, so I may experiment with moving them around.
Also! It is the time of year where I have to remind you about Christmas. But I have an excuse! Here in online land it takes some time to ship things to you and yours, so if you want totally awesome Dinosaur Comics clothing to arrive in time for Christmas, you have to order soon. If you're shipping to a non-US address, you should order by November 30th (two weeks!) to get Christmas delivery, and if you're shipping to a US address, you don't want to push things past December 14th.
Also! New in the store and pictured above is a T-Rex's Busy Day Hoodie that is warm and huggable and awesome, which coincidentally are properties I'm sure are also shared by the person you may want to buy it for!! To make sure the best gifts ever in time get to you when you want them, here are the HOLIDAY SHIPPING DEADLINES. Orders placed before these dates will get to you in time for Christmas! One year ago today: also involved: issues of privilege, fairness, respect, and whether or not its appropriate to apologize when deciding not to give money to a stranger – Ryan
December 5th: All shipping methods except U.S.P.S. First-Class Package International Service� are safe.
December 6th: International orders made not selecting U.S.P.S. Priority Mail Express International� shipping will likely arrive in January.
December 11th: USPS FIRST CLASS and STANDARD may not make it in time and neither will USPS EXPRESS MAIL INTERNATIONAL.
December 16th: ALMOST NOTHING IS SAFE. USPS EXPRESS is the only safe USPS option.
December 19th: A CHRISTMAS MIRACLE (IF THINGS PLACED ON OR AFTER THIS DATE ARRIVE BY THE 24TH, THAT IS)


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New restaurant — free food!
I love Fourth of July weekend, but if I don't see another hot dog or hamburger for a month, I'll be a happy camper. Ditto that on pasta salad, potato salad and deviled eggs.
Well, I guess I could always force down a couple of deviled eggs.
If you're like me and are ready to move on to more exotic flavors, perhaps this news is for you: Doreen Sidor, a personal chef who formerly taught cooking classes at Twist & Turns in downtown Roanoke, has opened up her own restaurant at 4210 Brambleton Avenue called Doreen's Gourmet (in the former High Point Coffee building).
Not only does Doreen plan to sell gourmet meals to go, sandwiches, salads, coffee and tea, smoothies and more, she also wants to continue having cooking classes from time to time in her new kitchen. Keep an eye on our Foodie Calendar in each Thursday's Inside Out for details about those classes.
Doreen is having an Grand Opening celebration at her new restaurant tomorrow and Wednesday night from 6:30 to 8:30 p.m. The event will feature free wine tastings from Valhalla Vineyards, free gourmet food samples and live music!
I'm betting there will be no hot dogs on the menu…


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You're watching...
2012 Economic Election Battle Heating Up
Former Clinton advisor Doug Schoen discusses whether Democrats can run on a better economy under President Obama.
Sep 4, 2012
You're watching...
Former Clinton advisor Doug Schoen discusses whether Democrats can run on a better economy under President Obama.
Sep 4, 2012
Also in this playlist...
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Auto-advanceThis transcript is automatically generated
It former advisor dog -- is via.
-- -- the Republicans seem to take the advantage this weekend by posing that question all you better off now.
Democrats were all over the place -- -- response but seemed to come down to.
Yet we're better off than four years ago when bush had made such a massive -- what do you make of that respond.
It's the democratic response only works if it's done in a comparative contact Stuart.
So they have to blame bush because as the poll numbers you cited correctly suggest.
If -- seen in the abstract.
People say Democrats haven't done the job well enough to deserve reelection do you think that's a good enough response to win the election.
It might be I'm not sure will know Wednesday night when we hear from Bill Clinton when people were most assuredly.
Better off now over the weekend poll Ryan brought up Jimmy content.
And said that's.
It was you know -- can we just roll out to bite for a second I think we've got to -- abolish it I want to show you what polls weren't sent about -- for the presidency a lot of things that he will.
But he can't tell you that you're better off.
Simply put the Jimmy Carter years look like the good old days compared to where we are right now.
-- -- -- -- Where most voters though I'm -- -- majority of voters do not remember the content you.
They don't but they understand that those were not good times for America.
And President Obama is worst fears -- absolutely.
Worst fear.
Is that this election will become a referendum on him he will be compared in the elite media as Paul Ryan tried to do to former President Carter.
And that the impact politically will be catastrophic for his reelection if you are advising him today and he speaks on Thursday night right what would you tell -- Thirteen 61.
He's got -- offer a forward.
Looking agenda.
And seconds.
Charles to the debt crisis he's got to offer some sort of the vision.
First swing voters to how we get out of this fiscal mess -- it.
He just can't say I'm gonna help the middle class he's got to do that as well as the requisite bush -- which -- know we're gonna get.
Tonight on the agenda for the DNC president can't -- present content appears via videotape.
Pat Quinn governor of Illinois.
And mr.
amount government member what do you make about -- Well the Democrats don't have a particularly deep bench.
I know Pat Quinn -- a client of mine.
He's somebody who's raise taxes -- a state we've discussed admitted that it very oriented and sold put right now that I think that's that's right.
O'Malley has been a more successful governor but.
He had problems with that question of are you better off -- -- I think tonight is is basically about Michelle Obama by -- if I have a right.
But the bench strength of the regular politicians that -- Democrats week each week and yes I'm not do it no it isn't.
For those are just the facts the Democrats have Michelle.
Bill and Iraq that's the convention for them full stop what do you think what you think Michelle Obama's gonna say tonight she's gonna talk about her husband's compassion.
His concern for people his concern for the middle class she is far better like frankly than he is and I think she's gonna try to transfer some of her.
Popularity and to empathy for a president who's lost the mantle of hope and change.
Any impact from sixteen trillion dollars crossing now mark.
I think it underscores.
The huge issues we face.
Bill Clinton will speak to that on Wednesday night I suspect I just feel that they Democrats are going into this on the defense.
-- as they stopped -- -- conference day off on defense -- like you're an identical they are on defense but to win the election they've got to keep.
Mitt Romney in the Republicans.
On their back -- and so far there's a good chance they can do that.
I I do find it ironic that so we could go so we can happen -- once that Mitt Romney's got a human ego that necessities of fantastic human being -- -- -- has specifics.
So I guess that's where the Obama's gonna go in and you that a debt as an excuse to raise taxes.
Well he's gonna be for taxes for upper income people who's gonna say we've got to raise some revenue but more important Charles I think there's got to be some vision.
Of where he wants to take the country you just can't get reelected with negative ads OK -- -- always appreciate it thanks very much prerogative but we.
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Rising out of relative obscurity in the late 1990s to capture audiences' attention with his riveting portrayal of an alienated youth in "American Beauty" (1999), actor Wes Bentley quickly plunged from...
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BirthDate BirthPlace |
Jonesboro, Arkansas, USA |
Name |
Credit |
credited As |
Year | Sort Order |
Hidden Moon | Actor | Victor Brighton | 1 | |
P2 | Actor | Thomas | 1 | |
The Game of Their Lives | Actor | Walter Bahr | 1 | |
Hirokin | Actor | Hirokin | 1 | |
The Claim | Actor | Dalglish | 1 | |
The Time Being | Actor | Daniel | 1 | |
Carving Out Our Name | Actor | Himself | 1 | |
The Perfect Witness | Actor | n/a | 1 | |
Things People Do | Actor | Bill Scanlin | 1 | |
Rememory | Actor | Gary | 1 | |
Ghost Rider | Actor | Blackheart | 1 | |
3 Nights in the Desert | Actor | Travis | 1 | |
The Last Word | Actor | n/a | 1 | |
Dolan's Cadillac | Actor | Robinson | 1 | |
Weirdsville | Actor | Royce | 1 | |
There Be Dragons | Actor | Manolo | 1 | |
The Four Feathers | Actor | Jack Durrance | 1 | |
Pioneer | Actor | n/a | 1 | |
Soul Survivors | Actor | Matt | 1 | |
Final Girl | Actor | n/a | 1 | |
Three Below Zero | Actor | Julian Fincher | 1 | |
Rites of Passage | Actor | n/a | 1 | |
The Green Blade Rises | Actor | n/a | 1 | |
American Beauty | Actor | Ricky Fitts | 1 | |
Cesar Chavez | Actor | Jerry Cohen | 1 | |
The White River Kid | Actor | White River Kid | 1 | |
Gone | Actor | Peter Hood | 1 | |
Knight of Cups | Actor | n/a | 1 | |
Welcome to Me | Actor | n/a | 1 | |
The Hunger Games | Actor | Seneca Crane | 1 | |
Jonah Hex | Actor | Adleman Lusk | 1 | |
The 72nd Annual Academy Awards (1998-1999) | Actor | Presenter | 1998 | 1 |
Lovelace | Actor | Thomas - Photographer | 1 | |
Beloved | Actor | Schoolteacher's Nephew | 1 | |
Stars In Shorts | Actor | (After School Special) | 1 | |
Carving Out Our Name | Producer | n/a | 3 |
Title |
Had supporting role in "Beloved" |
Co-starred with Winona Ryder in the offbeat romantic dramedy "The Last Word" |
Born and raised in Arkansas |
Landed title role in "The White River Kid" as a serial killer (Starz) |
Cast in supporting role opposite Josh Brolin and John Malkovich in "Jonah Hex" |
Made off-Broadway debut in David Ives' "Venus in Fur" |
Co-starred in "Soul Survivors" alongside Eliza Dushku and Luke Wilson |
Portrayed a railroad surveyor in 1860s California in "The Claim" |
Early film credit, "Three Below Zero" |
Co-starred with Amanda Seyfried in the drama thriller "Gone" |
Cast in "The Game of Their Lives," based on the true story of the 1950 U.S. soccer team that beat England |
Cast alongside Heath Ledger in the remake of "The Four Feathers" |
Starred in the Allan Moyle directed "Weirdsville" alongside Taryn Manning and Scott Speedman |
Dropped out of Lee Daniels' indie feature "Shadowboxer" |
Cast as the Head Gamemaker Seneca Crane in the feature adaptation of "The Hunger Games," based on the novel by Suzanne Collins |
Starred in the thriller "Dolan's Cadillac," based on a short story by Stephen King |
Co-starred with Nicolas Cage in "Ghost Rider" |
Breakthrough feature role as Ricky Fitts, a former mental patient who deals drugs in "American Beauty" |
Born Wesley Cook Bentley in Jonesboro, AR on Sept. 4, 1978, he was the son of David and Cherie Bentley, both United Methodist ministers. He developed an interest in acting after the family moved to Sherwood. There, he joined the drama club at Sylvan Hills High School, and formed an improv comedy troupe with his older brother, Philip, and some friends. Bentley was a fixture of local theater and performance competitions, which led him to seriously study the craft at the Juilliard School in New York. However, Bentley dropped out in favor of gaining real-life experience in stage productions while supporting himself through menial jobs. Eventually, he moved to Los Angeles, where he roomed with a group of fellow aspiring actors, including Brad Rowe, Chad Lindberg, Gregory Fawcett and Tony Zierra. Their career aspirations later became the focus of a documentary directed by Zierra, who would capture the lightning in a bottle that epitomized Bentley's career in the late 1990s.
After making his debut in the micro-budget indie "Three Below Zero" (1998), Bentley landed a minor role in Jonathan Demme's "Beloved" (1999). That same year, he earned his big break in "American Beauty" as Ricky Fitts, the seemingly unhinged, voyeuristic neighbor to Lester Burnham (Kevin Spacey) and his dysfunctional family. With his angular frame and piercing eyes, Bentley fit the part of the local oddball, but also found an offbeat poetry in the character, most notably in a scene where he shows footage of the most beautiful thing he has ever filmed - a plastic bag twisting in the wind - to Burnham's disaffected teenaged daughter, Jane (Thora Birch). Bentley's performance wowed critics and audiences alike, earning him the Breakthrough Performance Award from the National Board of Review and numerous nominations. "American Beauty" announced Bentley as a major new talent in Hollywood, but the actor was wholly unprepared for the trajectory that followed.
Part of the problem Bentley faced was a mounting drug problem that had elevated from casual marijuana and alcohol use as a teen to full-blown cocaine and Ecstasy while living with Zierra and the other actors-in-training. The runaway success of "American Beauty" elevated Bentley from unknown to new-minted superstar, and the pressures that came with such a boost caused him to retreat further into isolation and drug use. Soon, he added heroin to his daily diet, and began taking film roles to support his habit. Bentley's descent began slowly; after "American Beauty," he had his choice of scripts, and made some thoughtful, artistic-minded choices. He was a railroad company representative who entangled the complicated lives of a miner, his wife and the spouse and child he traded for land rights in Michael Winterbottom's "The Claim" (2000), as well as shared the screen with Heath Ledger in the period epic "Four Feathers" (2002). The latter was an expensive flop, while "The Claim" failed to interest arthouse audiences. These misfires, as well as the supernatural thriller "Soul Survivors" (2001), stagnated Bentley's career. However, his growing drug use required him to continue working, and by his own estimation, he took film roles from 2002 through 2009 solely to feed his addictions.
Like Anthony Perkins before him, the conviction of Bentley's performance in "American Beauty" typecast him as eccentrics of all stripes, from mildly offbeat to dangerously psychotic. Most of these roles were for eminently forgettable films like Allan Moyle's "Weirdsville" (2007) and the derivative thriller "P2" (2007), which cast Bentley as a security guard obsessed with an office worker (Rachel Nichols). He also received uniformly negative reviews for his turn as the son of Satan (Peter Fonda) in the campy Nicolas Cage vehicle, "Ghost Rider" (2007).
Off-camera, Bentley's life was descending into unmanageable chaos. He was spending his nights consuming cocaine at clubs and sleeping through his days, then trolling the city's darkest corners for heroin. An impulsive marriage to actress Jennifer Quanz in 2001 unraveled over the course of his addiction, and by 2006, Bentley was living apart from his wife and doing drugs round the clock. In 2008, Bentley was arrested and pleaded guilty to heroin possession and attempting to pass counterfeit currency. After completing his community service and counseling, he relapsed and quickly ran through all of his money. He hit bottom in 2009 when he holed up in a hotel room, convinced that he would die. Bentley reached out to a friend, who brought him to a rehabilitation program.
In 2009, Tony Zienna released "My Big Break," the documentary he had filmed while living with Bentley and his fellow actors. The project covered the rush of fame that enveloped Bentley after "American Beauty," as well as his downfall and recovery. Meanwhile, Bentley continued to rebuild his career and reputation, working steadily in low-budget features like the Stephen King adaptation "Dolan's Cadillac" (2009) as a schoolteacher who ran afoul of a vicious gangster (Christian Slater). In 2010, he returned to mainstream features in Roland Joffe's "There Be Dragons," a wartime drama about a Spanish youth (Bentley) whose failed romance with a Hungarian revolutionary (Olga Kurylenko) led him to betray his country during its Civil War. That same year, he received solid reviews for his performance in "Venus in Fur," a two-person stage drama about a playwright (Bentley) and an actress (Nina Arianda) who became involved in a sexual and emotional struggle while rehearsing his latest work.
Bentley continued his reemergence with a supporting role in the thriller "Gone" (2012), as a sympathetic cop trying to help a young woman (Amanda Seyfried) who claims that her sister has been kidnapped by the same serial killer who had abducted her years earlier. And while that offering came and went from theaters largely unnoticed, the same could not be said for Bentley's next project. Based on the first volume of a best-selling trilogy of novels by Suzanne Collins, "The Hunger Games" (2012) was a grim tale of a future in which a draconian government holds a yearly televised competition which pits teens against each other in a battle for survival. For his part in the highly-anticipated film, Bentley portrayed Seneca Crane, a "gamemaker" for the barbaric titular contest.
Name | Role | Comments |
David Bentley | Father | |
Cherie Bentley | Mother | |
Jamey Bentley | Brother | Older |
Patrick Bentley | Brother | Has often worked as a stand-in for Bentley in films |
Philip Bentley | Brother | Older |
Jennifer Quanz | Wife | Married from 2001-2009 |
Name |
Sylvan Hills High School |
The Juilliard School |
Notes |
"[Adolescence] was rough for me, because I had to deal with a lot of kids at school picking on me, messing with me, f*ck*ng with me all day long. It was an uncomfortable time. I was a pretty boy. I got into athletics to combat that pretty-boy image, maybe sort of scar myself up a bit playing soccer in college, but I ended up at theater conservatory instead." - Bentley quoted in Time Out New York, Sept. 9-16, 1999 |
"The boy is what you pray for when you are directing a movie. He has an intensity and a stillness and a focus and a soul that is just out of the reach of most actors of his age - of most actors." - "American Beauty" director Sam Mendes on Bentley, quoted in New York Post, Sept. 16, 1999 |
"And another thing...certain scenes in 'American Beauty' simply belong to the young, up-to-know-unknown actor Wes Bentley. Playing the camcorder-crazy son of nightmare father Chris Cooper, he exudes both intensity and bizarre good humor as he sets his sights on neighbor Thora Birch, and literally makes her love him. With his unfailing amused gaze and geeky but strangely apt clothes, he's the coolest nerd to hit pop culture since the Talking Heads' David Byrne took the stage in the mid-'70s." - from Glenn Kenny's review of "American Beauty" in Premiere magazine, October 1999 |
"It's a bad thing just to play off your looks. People have given me a chance to transform myself. That's what I love about acting." - Bentley quoted in USA Today, Nov. 19, 1999 |
Affiliations |
Methodist |
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Michèle A. Marx
Michèle A. Marx, M.S.Ed., is administrative coordinator of Hofstra University's Reading/ Writing Learning Clinic. Ms. Marx is also a student in the Ph.D. Program in the Department of Literacy Studies at Hofstra's School of Education, Health and Human Services. She earned an M.S.Ed. in literacy studies from Hofstra University and has extensive professional experience in early childhood education. Ms. Marx's scholarly interests include the interplay between critical literacies and identity development from a sociocultural perspective. She is also interested in exploring the use of multimodal and digital literacies in the 21st century.


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We're close to our goal, but we still need your help. Donate and bring clean water to 100 villages in India.
Campaign Update: Since the beginning of September, more than 2,000 of you have started campaigns for India and you've raised over $1 million so far. We're incredibly excited about the progress, but we still need your help to cross the finish line.
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Working on a water project together creates a sense of equality and community in villages.
Healthier Kids
Household toilets and bathing rooms restore health and cleanliness to every family.
Our local partner, Gram Vikas, fights for the most marginalized people in Orissa, India.
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Joe Madiath, the founder of our local partner, Gram Vikas, has built an organization focused on equality and human dignity. Through their water and sanitation program, Gram Vikas has helped over 1,000 rural communities break the cycle of poverty by providing access to high-quality water solutions.
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A village
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3 taps in
every home
Each household gets three taps with a piped water supply — one in the kitchen, bathroom and shower.
clean water for one person in Orissa, India
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2,000 people have started campaigns for India. Meet a few of the all-stars.
These fundraisers have started inspiring and creative campaigns to give families in India clean drinking water. They've set ambitious fundraising goals and need your help to get there. Support a fundraiser and help fund water projects in India.
Donate to one of these campaigns
Help Pickle show all the other canine-fundraisers who's boss by smashing his goal for India.
DonateCarly's game plan is to run 100 miles in September!
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DonateBryan's serious about his campaign, getting a tattoo if he raises $4500.
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How-To Geek
Dream Recorded [Wallpaper]
Dream Recorded [WallpaperAbyss]
Akemi Iwaya (Asian Angel) is our very own Firefox Fangirl who enjoys working with multiple browsers and loves 'old school' role-playing games. Visit her on Twitter and Google+.
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I wish I had a dream recorder. I'd be rolling in money with all of the movie deals i'd be getting.
Watch the movie 'The Final Cut'.
I loved the movie this came from – "Final Fantasy: The Spirits Within."
It was such ahead of its time.


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Are You a Bully?
I noticed something when my daughter was being bullied by one of her best friends. It was simply this: a lot of the parents I know were kinda bullying each other.
Think I'm crazy? It's not that these parents were knocking into each other or making obvious attempts to make others feel left out, alone or insulted (although I know a few parents who behave that way, too! Jeesh!) No, these parents were all about talking about other families, kids or individuals in a really unkind manner. The thing that struck me, was that my daughter brought it to my attention.
"Why doesn't Mrs. So-N-So like Mrs. So-N-So," she asked me.
"Why don't you think she likes her," I asked.
"Because, she's always talking about her," said my daughter.
That's when it hit me. Mrs. So-N-So was a bully! She had a way of talking about any person who walked away from a conversation that made everyone feel just a tad uncomfortable. We, the group of friends who share a friendship with the bully, just listen and put up with it. To me, it highlights how that person probably talks about me when I walk away from a conversation. Fine. I couldn't care less. Talk away.
But what I hadn't realized, and the part that startled me, was that my daughter, at age 12, noticed it and it bugged her. So by chatting with this woman; by being "friends" with this woman; I wondered, was I teaching my daughter that bullying was ok?
How do we, as adults, deal with bullies? Was I acting like a bully, too, then?
So I started to think about it. We are all modeling behavior as parents. Whether we are trying to or not, whatever we're doing on a daily basis, we're showing our kids an example. It's a stresser, isn't it?
I used that situation to talk to my daughter about how people are all different, and that the skills she learned to deal with her friend who was bullying her, are skills that will enhance her ability to have great friendships throughout her life.
She understood this point immediately.
"You have some really great friends, Mom," she said.
And so this is how I could tell that my daughter was growing up. Her experience with bullying, in a way, helped her distinguish between those great friends that we all have and the other friends we socialize with. She could see the difference between my true friends vs. the variety of people that come in and out of our life, who we enjoy on an entirely different level.
But it made me think, too. Am I helping to encourage that bullying behavior by not addressing it as an adult? In a way, am I empowering bullying?
So, think about it. Do you do the same thing? Without meaning it, are you a bully?
That's enough to send me on a 6-mile run! Off I go!
May your next run be a good one.