text:
Address by
R. Hewitt Pate
May 11, 2004
In considering my topic for a forum on comparative law, it occurred to me that it might be useful to focus on the special role of the United States Supreme Court in making American antitrust law. The topic is especially timely because our Supreme Court granted review in four antitrust cases this term, each of which is the object of intense study by U.S. antitrust practitioners. The Supreme Court, unlike the intermediate appellate courts of the federal system, has discretion to choose the cases it will hear, and its choices have a profound effect on the development of antitrust law.
Little has changed over the last century in terms of the wording of our antitrust statutes. The Sherman Act was enacted in 1890, and the Clayton Act in 1914, and the legislative amendments since that time have been minimal. Yet U.S. antitrust law has come a long way indeed in those years through judicial interpretations of the law. Congress chose not to enact detailed prescriptions for antitrust enforcement, relying instead on the courts to apply the broad statutory principles to particular fact situations. As former Assistant Attorney General William Baxter has observed, this "common law" approach may lack the certainty provided by a more detailed statute, but it "permits the law to adapt to new learning without the trauma of refashioning more general rules that afflict statutory law." (1) Our Supreme Court has described the antitrust laws as having "a generality and adaptability comparable to that found to be desirable in constitutional provisions."(2)
American antitrust law began to take shape only when the Supreme Court began to build the basic framework of antitrust analysis in its decisions. In 1911, it decided the landmark Standard Oil case, in which the United States sought to break up the famed oil conglomerate.(3) Observing that the standards of the antitrust law must be developed by the courts deciding each case "by the light of reason, guided by the principles of law and the duty to apply and enforce the public policy embodied in the statute,"(4) the Court announced the Rule of Reason, under which the Sherman Act is deemed to prohibit only "unreasonable" restraints of trade. In another decision that year, United States v. American Tobacco Co.,(5) involving a conglomerate in the tobacco industry, the Supreme Court emphasized the Rule of Reason's fundamental grounding in competition concerns. This standard proscribed "contracts or agreements or combinations which operated to the prejudice of the public interests by unduly restricting competition or unduly obstructing the due course of trade or which, either because of their inherent nature or effect or because of the evident purpose of the acts, etc., injuriously restrained trade . . . ."(6)
In 1918, Chicago Board of Trade v. United States(7) made clear that the Rule of Reason encompasses all the relevant circumstances. To determine whether a restraint is illegal, a court must "ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable" and the "history of the restraint, the evil believed to exist, the reason for adopting the particular remedy, the purpose or end sought to be attained."(8)
Around the same time, the Court was also developing the doctrine of per se illegality, which provides bright-line guidance as to certain clearly anticompetitive practices. In United States v. Trenton Potteries Co., (9) the Court held that a price fixing agreement among competitors is an unreasonable restraint "without the necessity of minute inquiry whether a particular price is reasonable or unreasonable."(10) In 1940, in another landmark case brought by the United States in the oil industry, United States v. Socony-Vacuum Oil Co.,(11) the Supreme Court repeated that price-fixing agreements are illegal per se and that "no showing of so-called competitive abuses or evils which those agreements were designed to eliminate or alleviate may be interposed as a defense."(12) The per se rule underpins the Antitrust Division's criminal prosecution of collusion among competitors.
The Supreme Court's pre-1950 decisions set the stage for the late twentieth-century developments in antitrust law. They established the fundamental principle consistent with the modern approach worldwide that antitrust laws prohibit only conduct that unreasonably restricts competition, to the detriment of consumers. And the Court established that the type of inquiry required depended on the nature of the particular conduct at issue.
That auspicious beginning did not mean that the course of American antitrust analysis always ran smoothly through the last half of the century. A consequence of the common law approach is that when antitrust thinking veers from the path of promoting consumer welfare, the Supreme Court may follow. We experienced that effect in the 1960s and 1970s as our Supreme Court issued decisions emphasizing artificial presumptions not soundly grounded in economic reasoning. In Brown Shoe, Pabst, and Von's Grocery, the Court ruled that mergers could be found unlawful based on extremely small increases in market concentration.(13) In Schwinn,(14) it abandoned its formerly cautious approach to vertical practices,(15) holding exclusive dealer territories unlawful per se. Similarly, in Albrecht,(16) it held vertical maximum price fixing illegal per se.
As the sophistication of economic analysis increased, our Supreme Court began to reexamine some of these precedents and return to fundamental principles of competition and consumer welfare. In GTE Sylvania,(17) the Court overruled Schwinn, and in State Oil v. Khan,(18) it overruled Albrecht. The Court adopted a significantly different approach to mergers in General Dynamics,(19) refusing to find a violation, despite current high market shares, in a case where those market shares did not reflect a realistic threat to future competition. And in Matsushita,(20) the Court poured cold water on theories of liability that make little economic sense, and it expressed scepticism of liability theories based on price cutting, which is often "the very essence of competition."(21)
Of particular note is the Court's decision in Brunswick,(22) in which it rejected the theory that a private plaintiff could obtain treble damages as compensation for continued competition resulting from a merger that prevented a firm from leaving the market. This may be one of the Supreme Court's lesser-known decisions outside the United States, but it is of fundamental significance. Private treble damage litigation is an important tool in the U.S. antitrust enforcement scheme, and the Brunswick decision mandated that it, like government enforcement, be firmly anchored to pro-competition, pro-consumer principles. The Court emphasized that private damages must be based on conduct causing injury of the type that the antitrust laws were intended to prevent. Plaintiffs may not prevail unless they are harmed by anticompetitive consequences of a defendant's conduct, for the antitrust laws were enacted to protect competition, not competitors.
In the last quarter of the twentieth century, the Supreme Court began hearing fewer antitrust cases. In part this reflects a general trend in the Court's practices. In its 2002 term, it issued only 81 written opinions, having issued only 71 the year before.(23) In contrast, thirty years earlier, the Court issued 164 written opinions in its 1972 term and 151 in 1971, including full opinions in ten antitrust cases during those two terms.(24) A litigant's chance of obtaining review today is quite low. In the last complete term, 2002, the Supreme Court considered 8,340 petitions for review by writ of certiorari, but granted full review to only 91 cases, or 1.1%.(25) Even if the unpaid, in forma pauperis, petitions are left out of the calculation, the odds improve only to 4.5%.(26)
A change in the statute governing appeals in civil antitrust cases brought by the government has also had the effect of limiting the number of Supreme Court opinions in antitrust cases in recent years. Until 1974, appeals in these cases went directly to the Supreme Court under the Expediting Act. That statute was amended in 1974 to provide that these appeals go to the intermediate appellate courts unless the district court certifies that immediate Supreme Court review is of "general public importance in the administration of justice."(27) Even then, the Court retains discretion to remand the case to the court of appeals. District courts have certified only three such cases for direct appeal.(28) One of these was Microsoft, but the Supreme Court declined to hear the case and remanded it to the court of appeals.
Because there are so few Supreme Court antitrust decisions each year and because each one sets precedent that will govern the application of the antitrust laws in the lower courts for decades to come each decision is an event of major significance for antitrust enforcers and the antitrust bar. Every phrase is studied with care, and every future case is evaluated in terms of the Court's reasoning process.
Because of the central role of Supreme Court jurisprudence in the development of the law, antitrust enforcers devote significant effort to advising the Court as it chooses the few antitrust cases that it will hear. The government has filed briefs in all four of the antitrust cases the Court selected for review this term, even though only one actually involved the government as a party. The Court sometimes issues a formal invitation to the Solicitor General to express the views of the United States before it decides whether to hear a case. In the 2002 term, for example, the Court requested the views of the United States in 24 cases. Over the last twenty or so years, it has been typical for perhaps one of these invitations each year to involve an antitrust case. The Court has issued two such invitations in the current term in LePage's(29) and Andrx.(30) On very rare occasions, the Solicitor General will file a brief urging the Court to hear a private antitrust case without such an invitation, as it did last term in Trinko, a fact that presumably figured in the Court's decision to hear that case on the merits.(31)
The government takes into account a variety of factors in deciding whether to recommend that the Court allocate one of the limited places on its docket to a particular case. In addition to discussing the legal merits and any split in authority, we try to give the Court our perspective on factors that may not be apparent on the face of the petition. We discuss the practical importance of the legal issues presented, in terms of their impact on enforcement, on judicial administration, on consumers, and on the business community. We consider whether the case before the Court presents a good vehicle to resolve the questions or whether the facts or the procedural posture might interfere with the Court's ability to give useful guidance of wide applicability. Finally, we consider whether it would be wise to allow the case law to develop further in the lower courts so that the Supreme Court may have the benefit of that additional experience before enunciating a general rule.
The government is by no means the only party interested in the Supreme Court's choice of cases, of course. Academics, public interest groups, and private entities affected by the issues file briefs urging the Court to hear particular cases. Indeed, even foreign governments do so occasionally, as they did in two of the cases currently pending before the Supreme Court.
This brings me to the current Supreme Court term and the four antitrust cases before it. The Court has already decided two of these, Verizon Communications Inc. v. Trinko(32) and United States Postal Service v. Flamingo Industries Ltd.,(33) while the two others, Intel Corp. v. Advanced Micro Devices, Inc.(34) and F. Hoffman-La Roche Ltd. v. Empagran S.A.,(35) have been argued but remain undecided.
Trinko deals with fundamental questions about the nature of monpolization. The Telecommunications Act of 1996 requires incumbent telephone companies to assist would-be competitors by providing access to the incumbent's facilities. Congress intended our 1996 Act to bring competition to the telecommunications industry, including the market for local telephone service. The plaintiff alleged that the incumbent telephone company sought to discourage customers from using a competitor's telephone service by filling its competitors' orders on a discriminatory basis. The court of appeals upheld the plaintiff's antitrust claim on so-called "essential facilities" and "monopoly leveraging" theories.(36) The United States urged the Supreme Court to hear the case and reverse the appeals court. We argued that the 1996 Act neither restricts the antitrust laws nor expands antitrust liability by creating new antitrust duties that did not exist before its passage. And, we argued that a failure to share monopoly power without more is not exclusionary. Rather, a refusal to assist rivals cannot be exclusionary unless it makes no economic sense for the defendant but for its tendency to reduce or eliminate competition.(37)
Earlier this year, the Supreme Court reversed. It concluded that "just as the 1996 Act preserves claims that satisfy existing antitrust standards, it does not create new claims that go beyond existing antitrust standards."(38) Considering the policies of the antitrust laws and the risk of chilling the very competition they are intended to protect, the Supreme Court emphasized the need for caution with respect to government intervention against single firm conduct, especially in imposing antitrust obligations on firms to assist competitors and share resources. The Court's opinion strictly circumscribed or eliminated expansive theories of antitrust liability under the labels of "essential facilities" or "monopoly leveraging."
The other case already decided, Flamingo Industries, addressed the question of whether the United States Postal Service is subject to liability at all under the federal antitrust laws. The Supreme Court unanimously held that the Postal Service is not subject to suit under the federal antitrust laws. The Court explained that Congress is not presumed to have subjected the federal government itself to liability in the absence of clear evidence of such an intent, which is lacking in this statute.(39)
The two antitrust cases awaiting decision by the Court, Intel Corp. v. Advanced Micro Devices, Inc. and F. Hoffman-La Roche Ltd. v. Empagran S.A., reflect how the growth in antitrust enforcement has made it in many ways an international undertaking. Each case asks, in different ways, what role U.S. courts will play in addressing antitrust violations taking place outside of the United States.
The Intel case began when Advanced Micro Devices, or AMD, filed a complaint with the Directorate-General for Competition for the Commission of the European Communities, alleging that Intel was abusing its dominant market position. AMD then asked a U.S. district court to order Intel to produce materials in the United States under a U.S. statute, which authorizes a district court, upon the request of a "foreign or international tribunal or upon the application of any interested person," to order production of testimony, documents or other things "for use in a proceeding" in the tribunal.(40) The court of appeals held that production was authorized under the statute.(41) Intel successfully sought Supreme Court review. And in an unusual step, the Commission of the European Communities participated as amicus curiae and asked the Supreme Court to reverse. It argued that the statute should not be interpreted to apply to the proceedings of the European Commission and that such an interpretation "would directly threaten the Commission's enforcement mission in competition law and possibly interfere with the Commission's responsibilities in other areas of regulatory concern as well."(42) The United States also participated as amicus curiae, arguing that the statute gives the district court discretion to grant or deny AMD's application. The government urged the Supreme Court to send the case back to the district court to consider the points raised by the European Commission and others "that may provide persuasive reasons for the district court to decline to compel production in this case."(43) We expect a decision by the Supreme Court by the end of June.
Finally, just two weeks ago, I had the pleasure of appearing before the Supreme Court to argue the United States' position in Empagran. Empagran involves the global price-fixing and market-allocation conspiracies among American and foreign manufacturers and distributors of bulk vitamins. This cartel sold billions of dollars of vitamins in the United States and other countries around the world at fixed prices. The United States' investigation and prosecution of the cartel resulted in the criminal conviction of twelve corporate defendants and thirteen individual defendants and the imposition of criminal fines exceeding $900 million. American private parties sued the vitamin companies seeking treble damages under American antitrust law based on the conspiracies' effects on U.S. commerce; they have obtained a settlement in excess of $2 billion.
The plaintiffs in the Empagran are foreign corporations who purchased vitamins abroad for delivery abroad. They brought suit in a U.S. district court under the U.S. antitrust laws. The district court held that it lacked subject matter jurisdiction over their claims under the Foreign Trade Antitrust Improvements Act of 1982. The 1982 Act provides that the Sherman Act shall not apply to non-import foreign conduct unless it has a direct, substantial, and reasonably foreseeable effect on U.S. commerce and that such effect gives rise to a claim under the Sherman Act.(44) The court of appeals, however, reversed and held that the 1982 Act allows foreign plaintiffs injured by anticompetitive conduct to sue whenever the conduct's harmful effect on U.S. commerce gives rise to a claim by anyone, even if not the foreign plaintiff who is actually before the court.(45)
The United States, joined by Germany, Belgium, Canada, Japan, the United Kingdom, Ireland, and the Netherlands, participated as amici and urged the Supreme Court to reverse.(46) Our position is that the 1982 Act's requirement that the effect on U.S. commerce gives rise to a claim means that the effect must give rise to a claim by the particular plaintiff before the court. We also argue that the expansive reading by the court of appeals is "highly likely to have the perverse effect of undermining the [United States'] efforts to detect and deter international cartel activity" and to impair similar efforts by foreign nations.(47) Again a decision is expected by the end of June.
The Supreme Court's decision to hear these two cases is a sign of its recognition that the increasingly globalized nature of commerce makes controversies like these more prevalent and more important. The Court's decision to hear these cases also reflects its concern that the extraterritorial reach of U.S. jurisdiction not be unreasonable. Certainly, the participation of foreign sovereigns as amici curiae has only heightened this issue with the Court.
Our Supreme Court is currently considering petitions for certiorari in two more antitrust cases: 3M (Minnesota Mining and Manufacturing Co.) v. LePage's Inc.,(48) an en banc decision of the Court of Appeals for the Third Circuit,(49) and Andrx Pharmaceuticals, Inc. v. Kroger Co.,(50) a decision of the Court of Appeals for the Sixth Circuit in an interlocutory appeal.(51) As I mentioned, the Supreme Court often invites the views of the United States on whether a case is worthy of certiorari and it has done so in these cases. Because the United States has not yet filed briefs in these cases, it would be inappropriate for me to comment beyond a brief description of the cases. LePage's involves appropriate standard to be applied to "bundled rebates" and "fidelity discounts." Andrx involves the antitrust implications of an agreement among parties to patent infringement litigation.
American antitrust law has come a long way since 1890. At every stage of the journey, the most significant mileposts have been decisions of our Supreme Court. This common law approach has led us on some detours. But this approach also provides the flexibility for the law to develop in light of sound economic principles. My hope is that the Antitrust Division's efforts will assist our Supreme Court in keeping us firmly on the road to sound economic policy and increased consumer welfare.
1. William F. Baxter, Separation of Powers, Prosecutorial Discretion, and the "Common Law" Nature of Antitrust Law, 60 Tex. L. Rev. 661, 666 (1982).
2. Appalachian Coals, Inc. v. United States, 288 U.S. 344, 360 (1933).
3. Standard Oil Co. v. United States, 221 U.S. 1 (1911).
4. Id. at 64.
6. Id. at 179.
8. Id. at 238.
10. Id. at 397.
12. Id. at 218.
13. See Brown Shoe Co. v. United States, 370 U.S. 294 (1962); United States v. Pabst Brewing Co., 384 U.S. 546 (1966); United States v. Von's Grocery Co., 384 U.S. 270 (1966).
14. United States v. Arnold, Schwinn & Co., 388 U.S. 365 (1967).
15. See White Motor Co. v. United States, 372 U.S. 253 (1963).
16. Albrecht v. Herald Co., 390 U.S. 145 (1968).
17. Continental T.V., Inc. v. GTE Sylvania Inc., 433 U.S. 36 (1977).
19. United States v. General Dynamics Corp., 415 U.S. 486 (1974).
20. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).
21. Id. at 594.
22. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc., 429 U.S. 477 (1977).
23. Table I: Actions of Individual Justices, 116 Harv. L. Rev. 453, 453 (Nov. 2002); Table I: Actions of Individual Justices Granted Review, 117 Harv. L. Rev. 480, 487 (Nov. 2003).
24. Table I: Actions of Individual Justices, Table III: Subject Matter of Dispositions with Full Opinions, 86 Harv. L. Rev. 300, 304-05 (Nov. 1972); Table I: Actions of Individual Justices, Table III: Subject Matter of Dispositions with Full Opinions, 87 Harv. L. Rev. 303, 307-08 (Nov. 1973).
25. Table II: Cases Granted Review, 117 Harv. L. Rev. 480, 487 (Nov. 2003).
26. Id.
27. 15 U.S.C. § 29(b).
28. See Maryland v. United States, 460 U.S. 1001 (1983); California v. United States, 464 U.S. 1013 (1983); United States v. Microsoft, 530 U.S. 1301 (2000).
29. 3M Co. v. LePage's, Inc. et al (Sup. Ct. No. 02-1865).
30. Andrx Pharmaceuticals, Inc. v. Kroger Co., et al. (Sup. Ct. No. 03-779).
31. In general, the success rate of the Solicitor General's recommendations at the petition stage is quite high. For example, recommendations to grant certiorari have been followed by a grant in 5 of 6 cases in 2000, 5 of 6 cases in 2001, and 11 of 11 cases in 2002.
32. 124 S.Ct. 872 (2004).
33. 124 S.Ct. 1321 (2004).
34. Sup. Ct. No. 02-572.
35. Sup. Ct. No. 03-724.
36. Law Offices of Curtis v. Trinko, LLP v. Bell Atlantic Corp., 305 F.3d 89 (2d Cir. 2002).
37. Brief for the United States and the Federal Trade Commission as Amici Curiae Supporting Petitioner, Verizon Communications, Inc. v. Law Office of Curtis V. Trinko, (Sup. Ct. No. 02-682) (filed May 2003), at 7, available at http://www.usdoj.gov/atr/cases/f201000/ 201048.htm.
38. 124 S.Ct. at 878.
39. 124 S.Ct. at 1327.
40. 28 U.S.C. § 1782(a).
41. Advanced Micro Devices, Inc. v. Intel Corp., 292 F.3d 664, 668-69 (9th Cir. 2002).
42. Brief of Amicus Curiae the Commission of the European Communities Supporting Reversal in Intel Corporation v. Advanced Micro Devices, Inc. (Sup. Ct. No. 02-572) (filed Nov. 15, 2002).
43. Brief for the United States as Amicus Curiae Supporting Affirmance, Intel Corp. v. Advanced Micro Devices, Inc. (Sup. Ct. No. 02-572) (filed Jan. 2004), at 13, available at http://www.usdoj.gov/osg/briefs/2003/3mer/1ami/2002-0572.mer.ami.pdf.
44. 15 U.S.C. § 6a.
45. Empagran S.A. v. F. Hoffman-LaRoche, Ltd., 315 F.3d 338 (D.C. Cir. 2003).
46. Brief of the United States as Amicus Curiae Supporting Petitioners in F. Hoffman-La Roche Ltd. v. Empagran (Sup. Ct. No. 03-724) (filed Feb. 3, 2004), available at http://www.usdoj.gov/osg/briefs/2003/3mer/1ami/2003-0724.mer.ami.pdf; Brief of the Governments of the Federal Republic of Germany and Belgium as Amici Curiae in Support of Petitioners in F. Hoffman-La Roche Ltd. v. Empagran (Sup. Ct. No. 03-724) (filed Feb. 3, 2004); Brief for the Government of Canada as Amicus Curiae Supporting Reversal in F. Hoffman-La Roche Ltd. v. Empagran (Sup. Ct. No. 03-724) (filed Feb. 3, 2004); Brief of Japan as Amicus Curiae in Support of Petitioners in F. Hoffman-La Roche Ltd. v. Empagran (Sup. Ct. No. 03-724) (filed Feb. 3, 2004); Brief of the United Kingdom of Great Britain and Northern Ireland, Ireland and the Kingdom of the Netherlands as Amici Curiae in Support of Petitioners in F. Hoffman-La Roche Ltd. v. Empagran (Sup. Ct. No. 03-724) (filed Feb. 3, 2004).
47. Brief of the United States, supra n.36, at 8.
48. Sup. Ct. No. 02-1865.
49. 324 F.3d 141 (3d Cir. 2003) (en banc).
50. Sup Ct. No. 03-779.
51. In re Cardizem CD Antitrust Litigation, 332 F.3d 896 (6th Cir. 2003).
Antitrust Law In The U.S. Supreme Court
United States
Tuesday, May 11, 2004
Updated June 25, 2015


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9: Serenity is coming out tomorrow
|Serenity is coming out tomorrow
Title text: Mal, Simon, Wash, Zoe, River, Kaylee, Jayne, Inara, Book.
This comic is about the release of the movie Serenity, which was supposed to be the sequel to Joss Whedon's TV show, Firefly, which was cancelled by Fox after only one season (which it had aired out of order). The show was followed by a devoted number of fans who were outraged by the cancellation of the show. High DVD sales and strong fan support allowed the follow up film Serenity to be created, which tied up many of the loose ends that Firefly left open, such as the cause of River's abilities and the origins of the reavers.
The image shows the main characters of Firefly. From left to right:
- Malcolm "Mal" Reynolds - the ship's captain
- Simon Tam - a doctor trying to rescue his sister
- Hoban "Wash" Washburne - the ship's pilot
- Zoe Washburne - the ship's second-in-command
- River Tam - Simon's sister, who displays superhuman capabilities, but is crippled by alliance research
- Kaylee Frye - the ship's happy-go-lucky mechanic
- Jayne Cobb - the hired muscle
- Inara Serra - a companion, the equivalent of a courtesan, but with a greater deal of respect
- Derrial Book - a shepard, which is similar to a priest, with a very unknown backstory
[Several stick figures stand side by side in a lineup. A forlorn male in a coat, a male with combed hair, a male with spiky hair and arms outstretched enthusiastically, a female with long hair and cornrows, a shorter female with stringy hair falling over her face, an enthusiastic female with arms raised in celebration with shorter hair, a male with short hair and a goatee, a female with curly hair wearing a dress, and a stern-looking man with flyaway hair. There is no dialogue.]
- [Original Randall quote]: "Drawn in honor of the upcoming Serenity! If you work very hard you can figure out who is who."
- Original title "Firefly"
- This is the tenth comic posted to livejournal. The previous one was xkcd 6. The next one was xkcd 10
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Serenity / Firefly / River Tam /Summer Glau have been referenced in many other xkcd comics: 188.8.131.52 (talk) 08:51 13 August 2012 (UTC) (please sign your comments with ~~~~)

subset: commoncrawl


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Sarah Lichtman took a circuitous route to her present position as director of Parsons' MA History of Design and Curatorial Studies program. After holding a variety of jobs in the New York art world, including one at the Museum of Modern Art, Lichtman opened a successful midcentury modern design store in Brooklyn. Her love of design led her to pursue a master's degree and a doctorate in design studies and then to teach at Parsons.
"I love interacting with students," Lichtman says. "Every time I teach a course, it's new because of what the students bring to the table and how they respond to the material."
Lichtman, an assistant professor of design studies, is also helping to develop the curriculum of the new MA Design Studies program. "Design Studies complements the other graduate programs at Parsons—both MA Fashion Studies and MA History of Design and Curatorial Studies," says Lichtman. Students in these master's programs will be able to take courses in any of the three, exploring subjects as deeply or broadly as they like.
Lichtman drew on her own research in creating courses such as Cold War Modern, which focuses on design from the end of World War II until the fall of the Berlin Wall and its pivotal role in challenging the political and social ideas of the era. She also developed one of the core courses in Parsons' School of Art and Design History and Theory, a survey of design from the mid-19th through the 20th century that explores the field from social, cultural, political, and economic standpoints, examining issues such as gender, race, and class.
"Considering multiple points of views is central to my teaching philosophy," says Lichtman. "I try to bring in varying perspectives—those of designers, producers, and consumers—and study the life cycles of objects, from production to consumption to disposal. Ultimately, teaching is about providing designers and design scholars with methods to situate their ideas and implement change in the real world."


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Volunteers needed to help prepare tax returns
County Executive Rich Fitzgerald and United Way of Allegheny County announced the county's 2013 free tax preparation campaign and issued a call for volunteers to help financially-struggling residents file their federal, state, and local tax returns this tax season.
Now in its fifth year, the free tax preparation campaign helps low and middle-income workers maximize their tax refunds by claiming valuable state and federal tax credits like the Earned Income Tax Credit (EITC) and the Child Tax Credit (CTC). Services are provided free of charge, offering clients a cost-saving alternative to expensive commercial tax preparation fees.
From January 21 through April 15, 2013, volunteers will help Allegheny County residents whose annual incomes do not exceed $20,000 for an individual or $40,000 for a household that can claim at least one dependent.
The coalition hopes to recruit a team of more than 150 students, retirees, and professionals who can commit to volunteering at least three hours per week at one of 11 tax sites. Volunteers must also be able to dedicate a weekend in January to be trained and certified in the basics of IRS tax preparation. Previous experience is not necessary. Those who have experience preparing their own taxes are encouraged to apply.
"The Earned Income Tax Credit was created to assist hard working people struggling to make ends meet, but it is estimated that only 75 percent of those eligible actually apply," said County Executive Rich Fitzgerald. "United Way of Allegheny County's Free Tax Preparation Campaign aims to educate local citizens about their taxes, and assist with filing, so that tax refunds are not left unclaimed."
"During the 2012 tax season, the Money In Your Pocket Coalition prepared more than 6,000 tax returns and delivered $10.6 million in tax refunds back to Allegheny County residents, including $4.4 in Earned Income Tax Credits. More than 150 community volunteers participated in the effort,"said Bob Nelkin, United Way of Allegheny County president and chief professional officer. "To help more people, we simply need more volunteers,"
For more information about the Free Tax Preparation Campaign or to apply to become a volunteer, visit the MIYP Coalition website at http://www.pghfreetaxes.org or Dial 2-1-1.


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Deputy: Bartender threatens teen in alcohol check
An eastern Iowa bartender is charged with threatening and trying to hold captive a teenager who was helping sheriff's deputies conduct an alcohol compliance check.
KCRG-TV reports that 33-year-old Timothy Finley allegedly threatened the volunteer with a pipe and ordered her to go the basement of Fennelly's Irish Pub on Friday, after she tried to buy a six-pack of beer.
Clayton County Chief Deputy Ryan Johnson says Finley, the tavern's manager, checked the youth's identification and told her he suspected she was part of a "sting."
He then allegedly told the volunteer to go into the bar's basement and threatened to hurt her.
Finley was arrested and charged on suspicion of second-degree harassment, false imprisonment, and kidnapping. He has since been released from a county jail.


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Diving & Marine Conservation Volunteering in Thailand - Monthly Updates
- Project Overview
- Additional Project Info
- Divemaster Course Add-on
- Monthly Updates
- Management Plan, Data & Reports
Conservation in Thailand - Monthly Update November 2011
November has been an incredible month for us here in Thailand, we have done so much that it's hard to know where to begin! We have really felt a sense of being part of the community as the volunteers got involved with the local people and their traditions this month. We worked together on conservation activities, organised events with local schools and celebrated together during the ancient Festival of Light.
This project is more than a practical experience, it also touches all of our hearts.
So let me provide you with a summary of the month...
Diving Based Projects
Reef Check Survey
We were able to carry out 14 surveys this month, including two at a new site, Losama Bay. We were saddened to see the total amount of hard coral cover was recorded at 0 - 25% at the sites we surveyed this month. Also, some of the local sites were quite barren, with very few fish species being counted. It is always hard to report back these facts, but we understand that our data, even when it shows the degradation of the reef, provides vital information for the international experts to develop plans and strategies to combat the situation.
On the up side, we did see a lot of anemones at some of our local sites and a leopard shark was spotted by the volunteers.
Project AWARE - Dive Against Debris Survey
November is the beginning of high season here in Southern Thailand. As we see the number of tourists increase, we decided to concentrate our efforts around the local islands, where there is an influx of day trippers, island hoppers and snorkelers, leaving behind a disgraceful amount of trash on these stunning atolls and beaches.
We carried out 10 surveys and found an incredible amount of fishing line, nets and traps. Also there were a lot of styrofoam and building materials again this month.
We were able to free a box fish that had been caught inside one trap and we had to leave another trap underwater as a cuttle fish had attached its egg sacks to it. We cut out the netting and will head back to resurface it in about a month when the eggs should have hatched.
The hawksbill turtles seem to appreciate our efforts as on three different survey dives one came to check out what we were doing. This is always such a beautiful distraction from the important salvage work we are doing.
We are noticing more surface trash which seems to come for the tourist boats. We collected many plastic bottles, bags and food wrappers floating at the surface.
Land Based Projects
Mangrove Regeneration
November saw the end of our regular involvement with mangrove planting. Over the last years, we have done an amazing job reforesting several mangrove areas around Krabi and now its time for the forests to grow. We will still be working with the Marine and Coastal Development Department when they need some help in the future.
We planted a total of 446 trees during the month and we are delighted to report that all the saplings from previous plantings have successfully rooted and are growing well.
Our reforestation project will continue by working on regenerating the forests around a stunning area known as Khlong Thom, which has some of the last remaining lowland tropical forests in the whole of Thailand. Working together with the Association for Protection of the Environment and the Chiang Mai University, we will be growing and planting native tropical trees, creating nature trails, learning how to build sustainably and reintroducing native species of flora and fauna into the area.
Beach Clean Ups
This month we cleaned four different beaches, collecting 703.2 kg of trash from our local beaches. Of this amount, we were able to recycle 113.2 kg and there was 126.6 kg that was dangerous or sharp.
We found more glass bottles and cigarette butts than usual this month, perhaps due to the Loy Krathong Festival.
Our most unusual find was a pair of underpants!
We were delighted to see more community and tourist involvement this month as we went about our weekly beach cleans. We always welcome help and it is was a heart warming moment when some local fisherman came up to our volunteers and thanked them. Our message is starting to get through.
School and Community Project
Our aim here is to involve the community as much as possible so that they see their own responsibility to the environmental problems on their doorstep. We educate school kids and local people to be part of the solution.
On 10 November was Loy Krathong, the Festival of Light, which involves vessels (krathongs) decorated with flowers, candles and incense being floated out into the ocean, taking away the bad spirits with them.
Normally the locals make these krathongs out of Styrofoam, so to stop this our volunteers set up a free bio-degradable krathong making workshop on Ao Nang beach. It was a huge success as local people and tourists all sat down together creating these environmentally friendly offerings. It was a wonderful atmosphere as the locals shared their stories and helped us with our creations. We made over 200 krathongs in total!
The day after this festival, we enlisted the help the local school children to clean Ao Nang beach of all the vessels that had washed back up on the beach. We were really grateful for the help, as we collected 40.2kg of rubbish from this beach, including over 600 needles that had been used to attach the flowers to the krathongs. These needles on the beach are a terrible and dangerous hazard so we felt a real sense of pride after working so hard.
On 20th November we got together with Loving Andaman Sea, a locally run beach clean up initiative. We took a boat load of volunteers over to Ton Sai beach and within 3 hours we had collected over half a tonne of trash - an incredible achievement!
Going Greener
The volunteers and staff constructed a water catchment system to collect rain water for our cleaning station. Made out of hollowed out bamboo the water is collected in a bin, which we then use to rinse off our tools, boots and salvage equipment after a day out in the field.
Now we are reducing our water footprint as well as our carbon footprint.
Other Stuff...
Once again, on the weekends, the volunteers got out and about, experiencing all that Thailand has to offer. Vishal organised some brilliant, adrenalin racing activities over the month, including bungee jumping, wake boarding, rock climbing, trekking and kayaking!
In mid November, when we heard that Job 2 Do, Thailand's most famous reggae band, were playing on Tonsai beach, staff and volunteers organised a couple of longtail boats to collect us from outside our resort and 15 minutes later we were dancing the evening away at this ultra cool concert.
During the last week of November we received a visit from Frank Seidel, Project Abroad's Head of Continental Europe. It was great to show Frank our new premises and all the things we have done to make the resort as environmentally friendly as possible. Frank got to dive with the volunteers, plant some mangrove saplings and attend a school presentation and beach clean up - we kept him very busy with all the amazing projects we are involved with! Frank loved our location, and who wouldn't, we are based right on the beach in one of the most beautiful places in the world!
As always here in Krabi, life is good and we are all feeling very excited for next month's awesome activities and Christmas time fun!
Enjoy every moment and let's keep working together for a greener future!
Ingrid Sprake
Conservation Director, Thailand


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What are the acceptable limits of individual freedom? John Stuart Mill addressed this question in his classic defence of liberalism, On Liberty (1859). In this episode of Philosophy Bites, Richard Reeves, author of a recent biography of Mill (recently shortlisted for the James Tait Black biography prize), discusses this powerful book.
Listen to Richard Reeves on Mill's On Liberty
Read Richard Reeves on Mill in Prospect Magazine


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Meeting growing demand for premium, current, and legal content. Images will be provided at no cost to its publishers. WordPress.com bloggers searching for real-time photos of Juan Martin Del Potro, Rob Pattinson and Michelle Obama or looking for photos of a sunset in Yosemite Park, the Eifel Tower, a wild flower, baby laughing, or an urban spa can now use PicApp to add relevant images to their posts. The content partners include, among others, Getty Images, Corbis, Newscom, Zuma Press, Image Source, Jupiter Images and Pacific Coast News.
Automattic, which leads the Open Source WordPress project and runs WordPress.com now enables PicApp's embed code on its WordPress.com platform, allowing its millions of bloggers access to real time, premium, legal and free images provided by PicApp.
WordPress has 7.5 million bloggers, 37 million posts and 1.2 billion page views per month, and is considered one of the most innovative and fastest growing blog platforms. Unlike other content syndication product that include intrusive advertising, the PicApp solution uses a subtle and user friendly approach that lets the end users engage with more related photos on its photo gallery pages.
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PicApp enables publishers to easily search and insert images into posts, it has access to 20 million images covering entertainment, sports, news, travel, fashion, nature, food, and more, with 10,000 images being updated daily. PicApp images, which come fully tagged with metadata, are indexed by image-search engines thus promoting blog Search Engine Optimization.
News and photo agencies licensing images via PicApp include, among others, Getty Images, Corbis, Newscom, Fame Pictures, Admedia Photo, Entertainment Press, Zuma Press , Image Source and Pacific Coast News. Displaying ads on image photo gallery page provides a monetization tool on the content owner's behalf.
PicApp from Automattic
Automattic is the company behind WordPress, the #1 open source blogging platform, and Akismet, the first managed comment spam prevention service for bloggers.
PicApp (www.picapp.com) offers online publishers and bloggers a single source for millions of premium quality and free images to use legally and enhance their sites. News and photo agencies licensing images to PicApp include, among others, Getty Images, Corbis, Zuma Press, and Newscom with new content partners added frequently to meet its global expansion goals. PicApp has over 20 million images with over 10,000 images updated daily; covering all types of editorial and creative image categories. Headquartered in San Francisco, the company has a development and operations center in Herzelia, Israel and is financially backed by Carmel Ventures.


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Dec 8th: Red Shirt Day
Dec 13th: Parent meeting
Dec 15th: Green Shirt Day
Dec 18th: Christmas Celebration/Luncheon/class parties
Dec 19th: Ugly Sweater Day
Dec 25th-26th: Center Closed
"Everything we do improves the lives of children."
Be Sure to check out our Facebook page!
I would like to take this time to say THANK YOU, to each of you for not only entrusting your precious children here at PA Geraci, but in my care. I do not take this privilege lightly; you could have chosen anywhere else but you chose us! So thank you.
As the year ends I would like you to know that 2018 will bring a lot of new things to PA Geraci, your child's classroom and to you as a parent. I have listen to your ideas, thoughts and concerns and we are ready to take action on them. Now I need your help; this upcoming year, I will need volunteers to help with projects around the center, as well as readers for the children. Parent nights, family days/nights will be coming soon, volunteers are needed for that as well.
As we end 2017, I would like you to reflect on 2017 and the accomplishments that your child has made here at PA Geraci, and use this as your push for an even better 2018. The number 18 in China means someone who is going to have great success and prosper! The reason is that when 18 is alternatively pronounced 幺八 (yāo bā), it strongly resembles the words "going to prosper". So let's prosper together!
Tara Devose
Parents, as the year comes to an end, we would like for all accounts to be at a zero dollar balance. I know the last few months have been really rough for us all, and I as well as the entire company understand. You're encourage to pay a little extra each week, if you're not able to make a lump sum payment. If you are receiving child care assistance with the ELC (formally 4C's) you must have your accounts a zero dollar by December 28, 2017.
We would like to wish everyone a
Thanksgiving, Christmas, Chanukah, Kwaanza. It's the time of year when millions of us plunge headlong into the season of GIFTS!
Many times, we adults do not notice activities or accomplishments of children. Distracted, texting, chatting, or just disconnected, we miss the opportunities to give children the precious gift of being there, watching them, sharing their joy or pride.
Many people consider the most important gifts the songs we sing to each other, the stories we tell, the walks together that share wonder and delight, the laughter as we recall a funny incident or simply a comforting shoulder for a child or friend to lean on during a difficult time.
The 10-minute stroll with a child to see the changing of the leaves or deliver a plate of cookies to a friend recovering from surgery is a precious gift - so many times more meaningful than an expensive toy wrapped in a box, played with for a while, and often tossed aside while the child plays with the empty box!
During this holiday season, let us remember the most precious gifts: being together, sharing simple acts of beauty and lovingness and fun. Not all gifts are found in catalogs or websites. The simple gifts we cherish are always returned!
Parents please share with your children these helpful hints.
Be Confident. Walk with your head held high. Bullies want an easy target, someone who doesn't have confidence.
Ignore them. Bullies want a reaction. If you don't respond, you take away their power.
Tell an adult. They can help with your fears and frustration and help make the bullying stop. If the first adult doesn't help, tell another one.
Stick together. Bullies look for kids who are alone.
Don't fight. You do not know how the bully will respond and you are likely to get hurt and in trouble.
Child Care of Southwest Florida 6831 Palisades Park Ct. Suite 6 Fort Myers, Florida 33912 You received this email because your child is enrolled at one of the Child Care Centers of Southwest Florida. Our 6 locations: The Children's Learning Center at FSW | Joseph H. Messina Child Care Center | P.A. Geraci Development Center | The Community Children's Center | Children's Garden of LaBelle | Harlem Academy Update your email preferences to choose the types of emails you receive. Unsubscribe from all future emails


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Toshiba will next year begin mass-producing 45nm Cell processors, allowing Sony to put them into a (hopefully) slimmer PS3.
The Cell in the current PS3 is a 65nm part. Dropping the chip down to the 45nm 'node' would leave Sony with a processor that delivers the same performance is the current one but consumes less power.
That, in turn, means it generates less heat and, bingo, the PS3 doesn't need quite so much internal cooling kit. Reduction in the size of other console chippery could bring down the machine's cooling requirements considerably.
If it happens at all. The claim that Sony and Toshiba will shift Cell to 45nm is entirely plausible if not certain, but so far as we can tell, neither company has confirmed the statement that it'll happen next year, made by Japanese newspaper Nikkan Kogyo Shimbun.
Toshiba will undoubtedly make use of the 45nm Cells in the next-gen HDTVs its planning to ship next year with the PS3 processor on board. The chip will be used to deliver multi-image picture-in-picture screens.
The company already uses Cell technology in its QuadCore HD graphics chip - aka SpursEngine - to be found in a few of its top-of-the-range desktop replacement laptops. Unfortunately, such is the part's power consumption, Toshiba prevents you from using it when the PC's running on batteries.
And what of that other Cell partner, IBM? Sony's already said Big Blue will fab 45nm Cells, sometime soon.


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Saw unit «104»
The FELDER saw unit "104" Manufactured entirely from cast iron, the new Felder "104" saw unit fulfils the highest demands of modern woodworking.
Performance and precision without compromise
Absolute precision, durable reliability and top class operating comfort – the 700 series saw spindle moulder impresses with unique detail solutions. The individual configuration options, quick changeover times and exact repeatability settings convince in workshops, business and industry.
... Your decision for Felder, a risk-free decision
The FELDER saw unit "104" Manufactured entirely from cast iron, the new Felder "104" saw unit fulfils the highest demands of modern woodworking.
The patented tilt segment "Easy-Glide" fulfills the highest requirements in businesses and industries. A precise, guided, doublesided support, guarantees maximum load bearing and tolerance free tilting and is absolutely maintenance free. A special, highly durable synthetic material situated in the guide of the tilting segment ensures extremely smooth movement and long-lasting precision. The tilting guide system, a synthetic material tried and tested in aerospace and lock construction, works without the requirement of lubrication and is totally resistant to dust. With a 6 year factory guarantee this Felder component offers reliabilty for many years to come.
The electronically balanced saw arbor with dual bearing seat system is powered via a Poly-V belt. This combination results in an almost perfect transmission of power to the saw blade.
The Felder 700 Series saw unit is fully compatible with dado tooling. Thanks to removable flanges and table insert, the Felder designed, fully adjustable dado cutters can be used.
The fully electrical "Power-Drive" control offers exact adjustment and repeat accuracy. The saw blade height and the angle settings can be adjusted at the turn of a knob, the fine setting adjustments are carried out to tenth of a millimetre accuracy using a push button. Red LED digits display the current position in real time on the control panel.
For chip free cutting of laminated panels. The saw blade can be mechanically or electrically driven and can be set in both height and lateral position.
The fence allows tooling of a maximum diameter of 230 mm to be used. The fine adjustment can be set between -5 to +25 mm. The extraction of the chips is done via the integrated extraction connection.
The continuously developed linear guiding system from Felder has been astounding woodworkers since 1990. The high quality format sliding table guiding technology "X-Roll" comes with a 10 year Felder guarantee and offers amazing operating smoothness and is completely maintenance free. The 'x' design of the position of the roller bearings ensures that they move smoothly along hardened guides.
For a convenient option we can equip your Felder 700 Series machine with start buttons for the main and scoring blades.
Highest operating safety and maximum flexibility when processing large dimensioned workpieces: the Felder overhead saw guard can be swung away easily and is always there where it is required.
The solid outrigger makes it possible to process large and heavy workpieces. High precision and operating smoothness is guaranteed by 8 bearing guide rollers situated in the outrigger telescopic arm. You can optionally equip your Felder saw with a 1100 Felder outrigger or the 1300 professional version. The telescopic crosscut fence with mounting system and ergonomically designed scale with magnifying lens on the crosscut stop guarantees precise settings and crosscuts up to 2600 mm. The crosscut fence can be positioned between 90°-45° and has one crosscut stop as standard. There is a fixed end stop position for 90°.
No reading errors due to scales and vernier. No time-wasting with arduous approximations of angle values. The advantage of the Felder degree index is that the stop is set and fixed without losing time or making reading errors. Highly precise index positions allow for the accurate production of polygons, e.g. 5.625º (32 sided), 11.25º (16 sided), 22.5º (8 sided). In addition, index positions at 15º, 20º, 25º, 30º, 35º, 40º and 45º can be used when working in slide to cut or push to cut mode. Every index position is equipped with a length compensator. The highly precise Felder degree index system is adjusted at the factory. Every index position also has individual fine adjustment. This cost effective index system integrates well into the machine design and will increase your productivity.
The rip capacity comes at 800 mm or optional 1250 mm. The rip fence almost hovers over the table. The single handed quick clamping and fine adjusment systems ensure quick and accurate setting of the rip fence. The easy to read rip scale is perfectly integrated into the saw table. The aluminium rip fence plate can be moved backwards to optimise the feed of workpieces. When working with narrow and thin cuts of wood or with the saw blade tilted, it can be inverted and used in the lying position.
The rip fence can be fitted with an electronic digital display. The perfect integration of the electronic unit allows you to turn the display around 90°, so the values can be clearly seen and read from the operating area. Additional functions such as the input of incremental measurements make your daily working life easier.
Increase your working surface area as needed – Felder System Table Extensions Since their invention in 1969, Felder system table extensions have become a very common and useful choice for many Felder owners. Within seconds and without the use of tools, you are able to increase the working surface of your Felder.
The Felder 700 Series spindle aggregate sets standards that are unparalleled.
Large dimensioned and designed for maximum load bearing capacity, the aluminium format sliding table "hovers" on the "X-Roll", a highly developed guiding technology. The X shape ("X-Roll") design of the rollers distributes the load optimally on all sides. The linear surface of the steel rollers running on the hardened and ground guiding surface guarantees unbeatable precision and smoothness. "X-Roll" will guarantee you the quality and precision that you expect from your new tilting spindle moulder. Another reason to choose Felder: 10 year factory guarantee to underline the reliability of "X-Roll".
Similarly, the saw blade height and angle settings can be set to an accuracy of a tenth of a millimetre. For fine tuning there is also a push button and a clear LED display screen to show you the actual current value.
Your Felder spindle tilts "rearward" for operational comfort and the additional following reasons:
Advantages of the Felder spindle quick change system:
Additional to the parallel guiding of the spindle fence the MULTI-adjustment system also enables
The large table opening allows for maximum operator safety. For large dimension tooling, as used for tenoning and panel raising, the cutterblock can be conveniently positioned below the table.
The safety bar guides are great for end-grain work (optional).
The use of a power feeder ensures that standard work when moulding can be carried out cleanly and precisely
The Felder device for tilting the feeder away means the power feeder always remains on the machine and can be used at any time with no difficulties.
OUTSTANDING! The patented double mitre gauge from Felder allows for mitre cuts on pieces of differing widths and at any angle. Really easy to use: simply type in the desired angle as well as the widths of your workpieces on the keyboard. Immediately, you will receive the settings and can set the electronic double mitre gauge accordingly. The fence stop on the fence can be adjusted up to 1350 mm with the scale. Regardless of the angles set, the length compensating vernier scale allows you to compensate for the workpiece length.


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January 24, 2014 - Lucca, Italy
Tagetik Announces Record Year in 2013
Software vendor continues to increase its momentum in the Corporate Performance Management (CPM) market
Tagetik, a global provider of enterprise software solutions for Performance Management, Disclosure Management, Financial Governance and Business Intelligence, today announced record financial results for 2013, including:
- 25% growth in revenue, the 12th straight year of double-digit growth;
- 37% growth in recurring revenue;
- Over 100 new customers.
"This outstanding performance is due to high demand for Tagetik's unified Financial Performance Platform (FPP) and increased adoption of Tagetik Cloud," says Pierluigi Pierallini – President and CEO at Tagetik. "Our next generation solutions for the Office of Finance – either on-premises or in the cloud – have been selected for deployment by mid-to-large organizations, including Global 500 corporations, across over 40 countries and all industry sectors, demonstrating our ability to support the financial and strategic needs of companies worldwide."
Among new customers using all or part of Tagetik's performance management solution are: 3V SIGMA and Swarco for statutory consolidation; Banka Sparkasse for consolidation, planning, budgeting, CDM, FINREP and COREP; BXR Group, Cape, Eferton Group and Sekerbank for consolidation and CDM; Ferrovial for IT Performance Management; Mirvac for CDM and financial closing, Italtel for budgeting, cash flow, statutory consolidation and financial reporting; Leukemia & Lymphoma Society, Onsite Rentals and Randstad France for budgeting and planning; Loacker for statutory consolidation and management reporting; Sirti for consolidation, cash flow planning and operational control; The Gorman Rupp Company for financial consolidation, reporting and CDM; Koninklijke Reesink for CDM; Agrial for budgeting and reporting, Calzedonia for cashflow planning.
"Tagetik has strengthened its presence and revenue in key markets such as North America, UK, France and the DACH area and is extending operations in Russia, Poland, Ukraine, Malta and Brazil, further expanding its global reach to 30 geographies," adds Manuel Vellutini – EVP, Chief Operating Officer at Tagetik. "Moreover, we continue to be ranked as leader in industry analysts' research for our product vision and outstanding customer satisfaction. We are very proud of the results from this past year and are very well positioned to capitalize on our momentum going into 2014."
"2013 also saw the introduction of key product development initiatives and innovations following the increasing adoption of cloud and in-memory technology," continues Marco Pierallini – EVP, Chief Development Officer at Tagetik. "This includes:
- Tagetik Cloud which delivers full feature-rich functionality that improves business processes with the advantages and flexibility of a unified, cloud-based Financial Performance Platform;
- Tagetik's direct integration with the SAP HANA® in-memory platform based on an original equipment manufacturer (OEM) agreement with SAP AG (NYSE: SAP)."
"Our continued success confirms that organizations need a single, unified Financial Performance Platform that delivers financial consolidation and close; budgeting and forecasting; strategic and long-range planning; profitability management and analytics; disclosure management and Collaborative Integrated Reporting," concludes Vellutini. "By continually listening to our clients, we have developed the most complete and innovative solution on the market today and we look forward to continuing a successful 2014 for Tagetik, our customers, and our partners."
Request a Demo
Our personalized demo allows you to speak directly with a senior solution specialist and discover the key functionalities of CCH Tagetik.
Would you love to know more about CCH Tagetik?
For more information, please complete the form and a member of our team will reach out to you shortly!


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After all the Mage tears I shed over the lack of Brewfest mounts I have finally had a 3 year dream come true.
Yeah, I know for many of you the Hallows End event hasn't even begun.
But for me… it's kinda all over.
I run of Scarlet Monastery…
1 drop
and it's all mine as I right off into the sunset.
Gnomer and Out!
This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported License.


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"He reminds me a little bit of Jim Thome," Guillen said. "This guy strikes out 100-plus, walks 100-plus, that's 250 times up without putting the ball in play, and still puts up a lot of numbers. How they do it, I don't know." … "I don't expect anything different from Adam," Guillen said. "You get on base, you're going to give the team a chance to win. That's why I'm putting him at the top [of the order], to give him more at bats and get him on base."
Are you worried about your Spring Training numbers Adam?
"If I stressed out about it, I'd have been out of this game years ago," Dunn said. "The beginning of the season is always tough—well, I say always, I'm going to try this year to change that, gol-ly—I'm not going to set myself up and say I'm going to start slow, but [whispers] 'good chance.'" … "It's not so much the homers; getting on base is No. 1 with me," Dunn says." If I can keep [my on-base average] .380-plus, that's my No. 1 goal of the year. [Getting on base is] going to equal runs. If I get on 40% of the time, we're going to score some runs."


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"Bored to Death" star Jason Schwartzman is a dad.
The 30-year-old HBO funnyman and his wife, Brady Cunningham, welcomed daughter Marlowe Rivers Dec. 4 in Los Angeles, People and Us reported.
The pair had reportedly opted not to learn the baby's sex before delivery.
U.S. & World
In an appearance on "Jimmy Kimmel Live!" last year, Schwartzman joked he was growing his signature 'stache to "embarrass my unborn child."
"I decided to grow out this mustache, so when we take photos…my boy or girl, whatever it is...they will be embarrassed," he said back in August.
Cunningham, a fashion designer, and Schwartzman wed July 11, 2009 at their home in San Fernando, Calif.


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Md. tax-free weekend for Energy Star products announced
Qualified Energy Star items tax-exempt Feb. 16-18
If you live in Maryland and are looking for some new appliances for your home, next weekend might be the time to buy them.
Comptroller Peter Franchot on Monday announced the state's third annual weekend of tax breaks on certain Energy Star products.
The weekend of savings will begin at midnight Friday and run through midnight Monday, during which qualifying Energy Star products will be exempt from Maryland's 6 percent sales tax. Those products include:
- Air conditioners
- Clothes washers
- Furnaces
- Heat pumps
- Boilers
- Solar water heaters (tax-exempt at all times now)
- Standard-size refrigerators
- Dehumidifiers
- Programmable thermostats
- Compact fluorescent light bulbs
State officials said used items that fall under the qualifications will also be exempt, as will qualified items that are bought online.
"The legislators and others have put in this tax-free weekend for expensive appliances -- dishwasher, air conditioning units, etc. -- and we're encouraging everybody to shop Saturday, Sunday, Monday at locally owned businesses and you'll avoid the 6 percent sales tax. How great is that?" Franchot said.
Items that aren't exempt include wine chillers, dorm-sized refrigerators, microwaves, dishwashers, stoves, windows, doors and other building materials.


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I will be transferring the forum to another host this Sunday. Could be down until Tuesday.
Thanks for your patience!
Forum Down this Sunday
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Gabor Steingart on the changing nature of the European lumpenproletariat.
Rather, what stand out are the symptoms of intellectual neglect. The poor of today watch television for half the day. These days, television producers even refer to what they call "Underclass TV." The new proletariat eats a lot of fatty foods and he enjoys smoking and drinking — a lot. About 8 percent of Germans consume 40 percent of all the alcohol sold in the country. While he may be a family man, his families are often broken. And on Election Day, he casts a protest vote for the extreme left or right wing party, sometimes switching quickly from one to the other.
But the main thing that sets the modern poor apart from the industrial age pauper is a sheer lack of interest in education. Today's proletariat has little education and no interest in obtaining more. Back in the early days of industrialization, the poor joined worker associations that often doubled as educational associations. The modern member of the underclass, by contrast, has completely shunned personal betterment.
Marx and Engels on the nature of the lumpenproletariat:
The "dangerous class", [lumpenproletariat] the social scum, that passively rotting mass thrown off by the lowest layers of the old society, may, here and there, be swept into the movement by a proletarian revolution; its conditions of life, however, prepare it far more for the part of a bribed tool of reactionary intrigue.
and here is a reference to this class in Grundrisse that I found interesting and needs to be kept in mind when looking for the modern lumpenproletariat- since there has been a significant rise in the services sector since Marx's time- note the interesting reference to the 'honest' and 'working' lumpenproletariat that stands in marked contrast to his comments on the class elsewhere (in the Manifesto, quoted above, and elsewhere)
The same relation holds for all services which workers exchange directly for the money of other persons, and which are consumed by these persons. This is consumption of revenue, which, as such, always falls within simple circulation; it is not consumption of capital. Since one of the contracting parties does not confront the other as a capitalist, this performance of a service cannot fall under the category of productive labour. From whore to pope, there is a mass of such rabble. But the honest and 'working' lumpenproletariat belongs here as well; e.g. the great mob of porters etc. who render service in seaport cities etc. He who represents money in this relation demands the service only for its use value, which immediately vanishes for him; but the porter demands money, and since the party with money is concerned with the commodity and the party with the commodity, with money, it follows that they represent to one another no more than the two sides of simple circulation; goes without saying that the porter, as the party concerned with money, hence directly with the general form of wealth, tries to enrich himself at the expense of his improvised friend, thus injuring the latter's self-esteem, all the more so because he, a hard calculator, has need of the service not qua capitalist but as a result of his ordinary human frailty.
See also the Wikipedia entry for the term.
Link to Der Spiegel article via Eugene Plawiuk's Le Revue Gauche.
Image Source


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Judging Design Contests
This Article Discusses How Designers Could Be Harmed by Badly Organized Design Contests, Lists Suggestions For Organizers to Run Better Competitions and Provides Insights to Participants For Checking If a Design Contest Is Good or Not
Contests for innovation and design have been analyzed in-depth by especially management oriented scholars demonstrating the merits and benefits. However, as it has already been noted, there are many controversial points in such design contests, and the papers discussed them. First of all, almost all the papers that discuss the design-contests phenomenon is written from a business or managerial perspective; which consider the gains and losses of the companies organizing them rather than the effects on designers or any other issues and externalities for society. Second of all, there had been several severely important issues that had not been addressed, but causes the most damage to designers. Designers are not harmed directly because of the contests; i.e. the design contest phenomenon is indeed a good model to come up with designs, and the contest model have a potential to benefit designers if organized correctly (such as contributing to portfolio development, feedbacks to designers for talent augmentation, or through direct means of money and prestige). However, most of the design contests organized do more harm than good to designers as such contests were designed for revenue maximization rather than social utility maximization. This section is rather written in negative tone, to especially highlight the most controversial issues and designers face today.How to harm designers? (I.e. what should be avoided when organizing a design contest) Simple; To do the most harm once could organize a design contest the following way (i.e. one should not organize a contest in the following way): 1. Entries to the competition is made visible to other participants while the competition is still open for entries. (This is suggested a positive way to increase competitiveness from a managerial perspective, however what it actually does is to make people get heavily influenced from each-other if not copy shamelessly, it also decreases the amount of creativity and variation of submitted designs and ideas by creating anchor points in mind) 2. Provide public feedback or score to participants while the competition is still on and make these feedbacks visible to all participants. (The only reason this type of action exists is because the design contests that implement them are not real design contests at all; in a design contest, the organizer should naturally seeks innovation and creativity, however by providing feedbacks visible to all, while the competition is on, the organizer archives to control the flow of creative skill; the aim is to make the participants design projects that are similar to those which have been given high scores. The amount of creativity is limited highly by this action, and the contest becomes that of skill, i.e. the skill to implement the ideas of the organizer).3. Extent contest deadlines, especially when the entries are not blind. r). 3. Contest deadlines should never be expended especially when the entries are not made blind. (Many highly creative designers in open or non-blind contests would naturally wait the last minutes to submit their creations especially if they have a very extraordinary design, this way, other designers would not have time to get influenced or execute variations of this extraordinarily creative idea on a timely manner. However, managers have a great solution to this issue, for them the question is – How can I make this extraordinary idea varied and executed better? The answer is simple: extend the deadline, provide very constructive feedbacks to this entry, and have other better technically skilled, experienced but non-creative designers to come up with designs that are executed or presented better.)4. Abandon the competition. (Abandoning a design contest means disappearing totally and not letting participants know the results and not declaring a winner. As good as it gets, and in reality, in many conditions the best managerial strategy is indeed to harm the designers by abandoning the competition because sunk costs do not matter. This, of course only happens in the small design contests where the organizer is already shady; therefore this unknown non-brand no-name entity has nothing to lose by abandoning a design contest. It is not expected to happen in brand-sponsored contests, or contests where the organizer is well known as this kind of actions would declare brand value)5. Steal all the designs, legally. (Legal design theft is a common problem in design contests, a great portion of designers, especially young and innocent ones do not read the full competition terms and conditions which were crafted for the sake of organizers; in some extreme conditions, the organizer keeps the rights to all submitted designs, and better contests would steal the rights of only the winners).6. Let designers massacre each other. (Some contest platforms, allow designers to see and comment on each other's works without any moderation, while one would expect that the fellow designers would contribute by constructive comments, as seen and demonstrated by past competitions, a group of highly competitive designers could indeed leave hate messages to each other, this phenomenon when not controlled decreases both the prestige and fun of the event.)7. Let designers steal from competitor brands. (This happens by mentioning brand Z's products in the brief as a best practice; i.e. organizers would often say and indicate the style they are searching for, their competitors, or products they like. Designers are asked to come up with products that are inspired by the designs made by Brand Z. This case, the illegality is shifted to the contest participant designers who would violate copyrights of Brand Z. The organizer is already protected by the initial competition agreement through indemnity clauses.) 8. Steal from designers. (It is really difficult for contest participating designers to control the production or to have know-how on the current process of organizers, especially those little companies who organize the so called contests for design. Therefore, these shady contest organizers could sometimes feel comfortable to collect ideas and cancel the contest, and afterwards realize the designs themselves. Since it is not possible to control it, at least detailed contact information and details must be provided.)9. Cheat the designers. (In some cases, a design company or a designer could act like a legitimate organizer to run a design contest. What they usually do is to get the design project from a client for a large sum, and organize a design contest for the one tenth of the cost using existing platforms. This is a big possibility and common examples could be observed especially when the contest has a non-disclosure agreement)10. Steal designers soul and time. (From a poetic sense, we could all argue and agree that each creation made by the designer, is a part of the designers soul, some design contests feature unethical terms and conditions that would not permit designers to use the ideas they submitted to their contests in the future, regardless of the award status. Organizers do not permit designers to use the ideas they submitted to their contests in future for two reasons; first so that designers would not move their unique ideas to other competitor companies, second because in some cases they do indeed steal and use these ideas without providing the designers any prizes or awards.)11. Offer little knowhow, trivial prizes and no-credits. (Many design contests invite hundreds of contestants, but do offer only trivial award prizes resulting in the exploitation of designers from the monetary sense, but still many designers keep joining these contests. The real reason that designers take part in such contests is therefore explained by not the offered award but with the expected prestige of winning the such design contests or with the expectation of building real life experience. However, It is common that many low-quality submissions in such contests would indeed not receive a feedback from the organizers at all, destroying the experience expectation. Furthermore, almost none of the winner designers are credited for their work by the organizer. In most cases, the designers name will be omitted, not-mentioned or replaced by their non-existent in-house design team, which destroys the expectation and dreams of earning prestige. Of course the organizers who had paid so little to run a design contest on a cheap contest platform would never do press releases or publicity for winners.)12. Let your kids to score the designs. (It is really sad for designers to see comments such as my kid did not like your works, or my wife thinks it is too blue. Design contests should not be judged by single individuals and their families. A jury panel is not a simple suggestion but a real requirement for a design contest to be called a real design contest.)13. Make designers to beg for votes. (Expect if it is a urban design project or a social design that really needs to take the public's opinion into accounts, public voted design contests serve one purpose; the viral spread and advertising of the event organizer. When contests winners are solely determined by public, the designers with the most influence or friends win; which is against the whole idea of organizing a contest for coming up with ideas and projects. If public must vote, in this case at least a peoples' choice award should be offered with distinct award prize for that.)14. Request some little extra tasks to be done. (Some design contests requires designers to take some very strange actions that are not related to the contest at all; these missions range from filling questioners to submitting forms, providing reviews, comments or any other non-design related actions. Designers are not mouse-rats to experiment on, neither they are monkeys to do tasks for organizers. If such activities are to be required, they must make logical sense and should serve the designers taking part in them, not benefit the organizer. The most common form is the requirement of suggesting friends, doing advertisement or referrals in form of social network likes etc.)Given all the points above, a good innovation contest shall be the opposite; the following are each important scoring and evaluation points for design contests. 1. The contest should be blind: Contestants should not be able to see each other's works. 2. The brief must be ethical: The organizer should not pinpoint design examples, but rather indicate what is expected to be achieved. Furthermore, the contest terms and conditions should be made balanced and should protect the interests of both parties not just the organizers. 3. The contest should offer significant rewards: The organizer should do one or more of the following: A)Provide a reasonable award prize sum. B) Provide feedbacks to all participants and works regardless of the quality of submissions. C) Promise legally to Credit and Advertise the designer for the award winning works. 4. There should be a respected jury panel to vote the entries: Even if it is a small contest, at least the owner or a very key person in the company should take part in evaluating the entries. It is of course preferable to have an independent observer with design backgrounds. It is suggested that the jury panel exists and is composed of at least five persons. 5. Designers should be respected.One free way for organizers to avoid running low-quality design competitions is by using the competition scoring algorithm that was developed and made available to public at DesignCompetition.com . Organizers who wish to organize a quality design competition or contest (so that their brand identity would not be damaged by the negative word of mouth caused by the disastrous contest organization), could and should compete their design contest profile and obtain their competition score by filling the form at DesignCompetition.com This way, organizers could not only maximize both visibility, but also could see which sections of their contest requires more efforts or should be worked upon. Furthermore, organizers could consult to specialized services such as those by DesignMediators, or use existing and well developed competition organization engines such as the DesignLeague.Likewise, thanks to the design contest scoring algorithm, along with the ranking and rating mechanism available at competitionratings.com, designers could check details on active competitions and choose which competitions are best to participate in. This way designers could save their time and efforts by choosing the right events to join. Furthermore, the designcompetition.com interface providers a standardized interface for viewing competition details. Designers should also have a clear understanding of difference between juried international design awards (i.e. highly prestigious events which provide designers with fame and publicity), design competitions (professionally organized events where designers are highly rewarded and respected), and design contests (low paid, free to enter events that is best suited for young, inexperienced designers) and the fake design contests (so called contests which are merely a tools of crowdsourcing cheap designs in an effective manner for the organizers).Exerpt:Contests for innovation and design have been analyzed in-depth by especially management oriented scholars demonstrating the merits and benefits. However, as it has already been noted, there are many controversial points in such design contests, and the papers discussed them. First of all, almost all the papers that discuss the design-contests phenomenon is written from a business or managerial perspective; which consider the gains and losses of the companies organizing them rather than the effec..
Judging Design Contests Images:
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JERSEY CITY, N.J., Nov. 14, 2012 /PRNewswire/ -- Aoxing Pharmaceutical Company, Inc. (NYSE MKT: AXN) ("Aoxing Pharma"), a specialty pharmaceutical company focusing on research, development, manufacturing, and distribution of narcotic, pain-management, and addiction treatment pharmaceuticals, today announced its financial and operational results for the quarter ended September 30, 2012. Complete financial results can be found in the Quarterly Report on Form 10-Q filed by Aoxing Pharma on November 14, 2012.
Financial Results:
Sales for the first quarter of fiscal year 2013 were $2,604,764, representing a 70% increase over the sales realized during the first quarter of the 2012 fiscal year. The increase was primarily attributable to the 78% increase in sales of the Company's main product, Zhongtongan, which is now being marketed for gynecological and orthopaedic applications in addition to its core dental market. Sales of Zhongtongan accounted for 92% of sales during the quarter ended September 30, 2012.
Gross margin for the first quarter of fiscal 2013 was 61.1%, an increase from the gross margin of 56.7% achieved in the first quarter of fiscal 2012. The increase was primarily the result of a strategic decision to reduce emphasis on sale of lower margin products. As a result of increased sales and improved margin, Aoxing Pharma's gross profit for the first quarter of fiscal 2013 increased by 83% to $1,590,519.
General and administrative expenses in the three months ended September 30, 2012 were $610,871, a reduction of 18% from the first quarter of the prior fiscal year. The reduction in expenses was primarily attributable to a 26% reduction in stock compensation expenses, a reduction in staffing, and overall efforts to contain costs. The reduction in general and administrative expenses was more than offset, however, by a 68% increase in selling expenses, as the Company seeks to expand its market position. As a result, total operating expenses increased by 10% from quarter to quarter.
Primarily due to improvement in sales, Aoxing Pharma recorded a net loss of $448,516 for the first quarter of fiscal 2013, an improvement from the net loss of $955,163 recorded in the first quarter of fiscal 2012.
On September 30, 2012, Aoxing Pharma had $6.2 million in cash on hand and a working capital deficit of $2,109,492, which represented a significant improvement over its working capital deficit of $9,112,842 at June 30, 2012. The improvement occurred because, on August 14, 2012, Aoxing Pharma entered into a refinancing agreement with Beijing International Trust Co., Ltd., and replaced a short-term loan of approximately $3.96 million owed to China CITIC Bank with a two-year term loan of approximately $7.12 million.
Zhenjiang Yue, our Chairman and CEO, commented, "The Chinese pharmaceutical market continues to be challenging. I am pleased with Aoxing Pharma's operating results, highlighted by continued growth in product sales."
About Aoxing Pharmaceutical Company, Inc.
Aoxing Pharmaceutical Company, Inc. is a US incorporated specialty pharmaceutical company with its operations in China, specializing in research, development, manufacturing and distribution of a variety of narcotics and pain-management products. Headquartered in Shijiazhuang City, outside Beijing, Aoxing has the largest and most advanced manufacturing facility in China for highly regulated narcotic medicines. Its facility is one of the few GMP facilities licensed for the manufacture of narcotic medicines by the China State Food and Drug Administration (SFDA). It has a joint venture collaboration with Johnson Matthey Plc to produce and market narcotics and neurological drugs in China. For more information, please visit: www.aoxingpharma.com.
Safe Harbor Statement from Aoxing Pharmaceutical Company, Inc.
Certain statements made in this press release are forward-looking and are made pursuant to the safe harbor provisions of the Securities Litigation Reform Act of 1995. Such statements involve risks and uncertainties that may cause actual results to differ materially from those set forth in these statements. All forward-looking statements included herein are based upon information available to the Company as of the date hereof and, except as is expressly required by the federal securities laws, the Company undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, changed circumstances or future events or for any other reason. To the extent that any statements made here are not historical, these statements are essentially forward-looking. The Company uses words and phrases such as "guidance," "forecasted," "projects," "is expected," "remain confident," "will" and/or similar expressions to identify forward-looking statements in this press release. Undue reliance should not be placed on forward-looking information. The economic, competitive, governmental, technological and other risk factors identified in the Company's filings with the Securities and Exchange Commission, specifically, Item 1A, "Risk Factors," in the Form 10-K for the year ended June 30, 2012, may cause actual results or events to differ materially from those described in the forward looking statements in this press release. The Company undertakes no obligation to publicly update or revise any forward-looking statements, whether because of new information, future events, or otherwise.
Aoxing Pharmaceutical Company:
|SOURCE Aoxing Pharmaceutical Company, Inc.
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