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Basic Staging Principles (part 2)
Staging is such a subjective area that it's really hard to talk about - there's really no "right" or wrong way to stage anything, as long as the action and emotions are clear to the audience.
So when I'm trying to figure out the best way to stage a scene, I try to find the staging that best expresses the feeling you want to put across. How are the characters feeling and what staging puts that emotion over the best way?
I remember when I was working on "Home on the Range" I ran into a tough problem in that regard. The jackrabbit character in the movie was acting as a guide for the three cows in the movie. He claimed to the cows that he knew where he was going...but at one point he became lost and didn't know which way to go. The difficulty was that he couldn't tell the cows he was lost because he didn't want them to know. So there was no dialogue solution to make the idea clear. Also he had no prop that would help - if he had a map he could look at in a confused way, or a compass that he could look at in a puzzled manner, that would help clarify the idea. But I had none of those things to rely on. So I found the best solution I could think of - I staged it like this:
You start on a closeup of the rabbit glancing left and right, looking puzzled and confused. Then you cut back to see his surroundings all look the same, and as you pull back, he ends up looking very small in the midst of the large and overwhelming environment. These two shots together were the best way I could think of to say, visually, that he was lost.
That was a 2D movie, of course, and I suppose in a 3D movie maybe I would have tried a different approach, maybe like the camera circling around him as he looked around, puzzled and confused.
That scene isn't in the final movie, by the way.
When a character is supposed to feel lost, abandoned, or alone, a wide shot with a lot of empty space around them is always effective. Here are a couple more examples: a Norman Rockwell painting of a lonely salesman on the road, playing solitaire in a hotel room by himself, and one by Vance Gerry from "The Rescuers" of the orphan Penny, alone by herself in the orphanage bedroom.
Things that are staged in a very flat way (where the action is perpendicular or parallel to the camera) feel very comedic, by their flat nature. Use this to your advantage when staging scenes that are meant to be funny.
Here are some examples from Steven MacLeod's Framefilter blog that illustrate this theory. Just look how funny these pictures look, even without knowing their context within the story.
Some of them are very symmetrical as well. We usually try to avoid symmetry because it flattens out a picture, but in these examples, where flatness is helpful to the funny moment, it was used purposefully.
The same action, when staged in depth, becomes dramatic and exciting.
Here are some examples from different live action movies that show how dramatic a picture can be when it has depth.
These are from "The Illusion of Life" and they are a great example of how to improve the staging of a scene. Here are two examples of how to stage Bernard slipping down into a hole.
The first one (on the the left) has many weaknesses that are improved in the second example (on the right). The one on the left is very flat - the wall that Bernard is clinging to is flat onto the camera. Also the lines that describe the wall are parallel to the edges of the frame so the whole shot feels very flat, which would be more appropriate for a comedic scene. Laying out the scene this way makes the animator's job tough, because you can see how awkwardly Bernard is looking over his shoulder to look at the danger beneath him and we can't really see his expression all that way. Also the composition has him too close to the bottom of the frame, for my tastes, because there's no negative space beneath him to make it feel like he could fall down into the abyss.
The second one is better in many ways. The best part about it is that you can easily see his scared expression clearly and also see the peril beneath him at the same time without having to twist his head around awkwardly (like it was in the first example). Being able to see the danger in the scene as well as how he feels about it make for a great choice for staging. Also the sense of depth in the second shot makes for a much more dramatic scene, instead of the flat first example. Also this staging allows diagonal lines through the composition which add more drama too.
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Germany and Slovenia have ratified the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement.
According to a report of the UPC Preparatory Committee, the German government deposited the instrument of ratification for the PPA on 27 September 2021. It wrote: “This is a decisive step on the way to the establishment of the Unified Patent Court after the work had been on hold for several years during the examination of the Agreement by the German Federal Constitutional Court (FCC).”
In a press statement, the German minister of Federal Justice, Christine Lambrecht, said: “With this step we have come a decisive step closer to European patent reform, which is so important for innovative companies in Europe. The Unified Patent Court will come. For German industry, which holds around 40 percent of all registered European patents, better protection of their inventions in the European internal market is of particular importance. This also applies to small and medium-sized companies that make a significant contribution to the innovative potential of our country. ”
Slovenia, Austria
In Slovenia legislation ratifying the PPA came into force on 24 September 2021 when it was published in Slovenia’s Official Gazette. Austria is also expected to ratify the PPA shortly. As the UPC Preparatory Committee reported, apart from Germany, “two further ratifications of the (…) Protocol are necessary to enter the final phase for the set-up of the Unified Patent Court. It is expected that the required ratifications will soon be attained triggering the implementation of the UPC as an international organization.
In this phase of provisional application will take place e.g.: the adoption of the secondary legislation and the Court’s budget, the completion of the electronic case management system including stress testing, the process to select and appoint the judges of the Court. When it is clear that the UPC will be operational upon the entry into force of the UPCA the final ratification of the Agreement by Germany can take place serving as a “gatekeeper” for Member States to ensure a proper process.”
EU Competitiveness Council
During the EU’s Competitiveness Council of 29 September 2021, the state of play of the UPC project will be discussed. Last week a note on this issue was published by the presidency, which makes clear the UPC Preparatory Committee expects the provisional application period to last from six to ten months. About the start of this period, the note says: “Slovenia envisages to deposit the ratification instrument for the PPA together with its ratification instrument for the UPCA. Austria, which was the first Member State to ratify the UPCA, has submitted a draft law for the ratification of the PPA to the national parliament in July 2021. Once the ratifications of the PPA by Germany, Slovenia and one other participating Member State are completed, the provisional application phase will start.”
EPO Select Committee
According to the note, the EPO Select Committee, which is in charge of preparing for the Unitary Patent, will resume its work soon as well: “In view of the entry into operation of the unitary patent system, the relevant preparatory bodies, namely the Select Committee of the Administrative Council of the European Patent Organisation and the UPC Preparatory Committee , stand ready to resume their activities to ensure that still outstanding preparatory work is concluded in a timely manner. To that end, the next meeting of the Select Committee is foreseen for 14 October 2021.”
This page as PDF
1. Brexit implications suddenly vaporized, why this question is not addressed in the Council document?
2. Copied from the EU Council website today:
Agreement on a Unified Patent Court (UPC)
United Kingdom: Withdrawal of ratification received on, and effective as from, 20/07/2020
3. “This also applies to small and medium-sized companies that make a significant contribution to the innovative potential of our country.”
Court fees of the UPC for cancelling a patent are 20.000EUR. In Czech Republic, they are 80EUR.
Lawyers fees will also be on the rise, due to the tight agenda of 12 months imposed by the UPC.
Refundable amounts are too low, so even if you are in yoru own right, you won’t be fully refunded.
So much the “it’s also good for SMEs”.
Mdme Lamberts has a different calculator than mine.
4. An interesting question will apply to judges that might be recruited during the provisional application period. That is, will they be prepared to accept employment from a court that, strictly speaking, does not have any legal basis (and hence is not a bona fide legal entity)?
Of course, accepting an offer of employment by the UPC under these circumstances would (or at least should) disqualify the judges concerned from hearing any cases that challenge the basis (under international law) for the UPC. This is because any party raising such a challenge would be able to point to the judge’s acceptance of employment by the UPC as providing objective justification for a fear of partiality on the point of law in question.
Thus, it will be impossible for any judge of the UPC to handle, in an objectively unbiased manner, any challenges to the legitimacy of the UPC.
Pray tell, which courts and judges would be able to handle such challenges in an unbiased manner? There is absolutely no doubt that such challenges will be raised. So is this another reason to conclude that, as currently constructed, the UPC suffers from fundamental and irredeemable flaws … including an impossibility of demonstrating compliance with the Art 6 ECHR rights of litigants to an “independent and impartial tribunal established by law”?
1. Your comment is very interesting and you raise a real problem.
When do you state that the UPC “does not have any legal basis” are you aiming at Art 7(2)UPCA?
Another way of looking at it, is it possible, without amendment of Art 7(2)UPCA, to consider that the notion of legal judge is not respected should the duties of the London Section be “provisionally”transferred to Paris and/or Munich?
As far as judges are concerned there are quite a few of them jumping at the bit to get a post at the UPC.
Some of them openly complain that the delayed opening of the UPC costs them a lot of money in view of the higher wages they could get at the UPC in comparison to their national wages.
It is not difficult to understand why the promoters of the UPC ignore all the legal problems which the UPC faces. The only legally correct way to amend Art 7(2) UPCA is to renegotiate the location of the section of the central division. This means a new round of ratifications.
UPC promoters know too well that the interest for the UPC would vanish. After all, 45+ years have passed since the Luxembourg conference and it does not appear that the few supranational litigations in the EU need such a complicated thing as the UPC.
Not only the British legal profession has already lost out due to Brexit, but the same fate would occur to the legal profession on the continent.
All the efforts put into the setting up of the UPC would have been in vain and there would be no return on investment.
But wanting to go through the wall for the sake of a return on investment will end up with a similar result.
1. Attentive,
There are many problems with the purported legal basis for the UPC (and its Protocols). However, I was thinking mostly of Article 3(1) of the PAP.
Unless and until the PAP comes into force, the UPC will not have any legal personality, and will therefore be legally incapable of employing any judges. Thus, for any judge who accepts employment by “the UPC” during the provisional application phase, an objectively justifiable fear of partiality would arise on questions that will be crucial to determining whether the current UPCA provides sound legal basis for the UPC.
For example, an objectively justifiable fear would arise that any such judges had already made up their minds with regard to either the legal effect of the withdrawal of a ratification, or the possibility of “rescuing” (under international law) an instrument that has not been ratified by the relevant contracting parties specified in that instrument. Both of these questions will be highly relevant to determination of the validity of the current UPCA. Further, the same objective fear of partiality would apply to any judges recruited after the end of the provisional application phase. Which would leave precisely no judges of the UPC who would fit the criterion of an unbiased adjudicator on the question of the legal validity of the UPCA.
Thus, if things go to plan for the UPC’s promoters, the UPC will launch in circumstances where it will be impossible for any of its judges to provide an impartial hearing on crucial questions that WILL be raised by certain litigants. This would hardly inspire confidence in the UPC. Further, the serious deficiencies regarding the governance of the UPC are, over time, pretty much certain to make things even worse. So much for the supposed rule of law.
1. If I understand you well you are of the opinion that any judge recruited under the PAP, or thereafter, cannot exercise his duties correctly due to a justifiable fear of partiality on questions that will be crucial to determining whether the current UPCA provides sound legal basis for the UPC.
With reference to Art 3(1) PAP you consider that, since the UK is still mandatory signatory of the PAP, any recruitment during the PAP is void ab initio as the recruited judge cannot decide that the PAP has a legal basis.
Am I correct?
1. Attentive,
If the UPC were to operate without a valid legal basis (under the PAP and/or the UPCA), then it would not be a valid legal entity.
At least the references in the PAP to the UK, and in the UPCA to London, provide prima facie reasons to believe that there is no valid basis under international law to bring either instrument into force. In other words, it would seem that the only valid way to proceed would be to draft (and separately ratify) new instruments that exclude references to the UK and London.
If the UPC is not a valid legal entity, then this would call into question the legitimacy of any UPC judge’s contract of employment (and hence whether they were appointed in a manner according to the law).
Thus, a UPC judge would not be able to reach a negative conclusion regarding the legal basis for the UPC (under the PAP or the UPCA) without calling into question his or her own legitimacy. Under these circumstances, which judge of the UPC could ever be seen as an impartial arbiter of the question of the legal basis for the UPC?
5. The civil servants in the Ministry of Justice have had their hands guided all along by external lobbyists.
If you compare the content of the explanatory note for the second ratification with an article published by Mr Tillman (from Hogan Lowells) in GRUR Int a few months before the resemblance is baffling.
The whole waffling about the provisional allocation of the duties of the London Section to Munich is to be found in the article in GRUR Int.
Does anybody think that the countries having claimed the reallocation of the London Section (IT, NL, IR) will simply acquiesce to such a crude manoeuvre?
Such an absence of sense of the realities is flabbergasting.
It give the feeling that the promoters of the UPC think that the more fake information is repeated the more they hope it will become true.
In the explanatory it is also said that it will be cheaper for a German SME to go to´ the UPC rather than to a German court. Hard to believe, but true.
Mrs Lamberts has definitely a different calculator, but we know where it comes from.
Without amendment of Art 7(2)UPCA it is a fallacy to think that the UPCA is in conformity with Union law.
6. “Never mind the (lack of) quality; feel the width” as the legendary seller of poor quality carpets used to say. All these worthy but legalistic objections are powerless in the face of a political will at the level of the EU, to have the UPC succeed.
Recall the time when the Editor of the London Times was exasperated by his journalist embedded with the British forces in the Boer War in South Africa. The war was not going well. The journalist filed a succession of reports of British defeats in battle. The readership of the newspaper was not happy at all. The Editor telegraphed his employee at the Front with a short message, namely “Send news of victories”
Those pushing the UPC operate in a world where the axiom “Fake it till you make it” is usually successful. As somebody on another blog thread pointed out, it will be pressure from the global titans, the bulk accumulators of portfolios of unitary patents, the so-called “national champions”, who will apply irresistible force on courts and governments, to force the UPC to work.
That irresistible pressure on the politicians and jurists, applied by lobbyists, will result in a political mindset that the UPC must be made to succeed. After all, as everybody knows: “Where there is a will, there is always a way”. The Little Countries will presumably be bought off, in successive rounds of the usual EU horse-trading. The SME’s are mostly not even aware what is at stake and those few who understand have no lobbying muscle.
For those pushing the UPC, harm to our precious Rule of Law is mere “collateral damage”.
1. Max,
All hard to deny. The most galling part of the political support for the UPC is that it seems that the intention is to raise the current legislation from the dead merely for the sake of political convenience. This will create a Frankenstein’s monster of a court. The ultimate fate of Frankenstein should be a cautionary tale for those politicians intent upon ramming this court down all of our throats.
7. Dear Max Drei,
I understand and share your anger at the way the UPC is pushed down our throats for the benefit of very few which want to make the big buck. The usefulness of the UPC for SMEs is also one of the fake news which helped as a fig leaf to lure politicians in accepting that the UPC is something which is absolutely necessary for the benefit of Europe.
The contrary is true and the big beneficiaries are the big industry, but even more internationally active lawyer firms specialised in litigation.
Portugal and Slovenia have been bought off as an arbitration chamber was offered to them.
A training centre for judges has been promised to Hungary, but in view of the constitutional problems to be solved before it cannot ratify the UPCA and the centre will have to be transferred somewhere else. Here we have another problem which should be settled before the PPA enters into force and the judges are trained.
I cannot accept that the Rule of Law is mere “collateral damage”.
If the EU accepts that the UPC enters into force as it stands, then it should refrain from requesting Poland to restore the independence of justice. By accepting that the duties of the London Section of the central division is pushed around as suggested, it behaves exactly as Poland.
I have not yet given up the hope that in the end the rule of law will prevail.
1. I would not go as far for the EU. There are lots of criticisms, but I do not think that any referendum deciding to leave the EU would have any chance of success, even in countries which are at odds with the Commission.
They would lose a lot of money.
8. Can someone please explain how the Protocol and the UPC can enter into force soon when the UK has withdrawn its ratification in 2020?
9. The European Commission has cheated the Impact Assessment of the UPC.
The Harhoff 2009 study was about the “Community Patent”, not the “Unitary Patent”.
It was done to hide the controversial changes made in between, such as the “self-financed” aspect of the UPC, which explains why it is so expensive for SMEs.
This is a intentional fraud.
1. Does anybody know where is the UPCA Impact Assessment (IA)?
In the IA on the 2 regulations, you can find this curious statement:
“Finally, this IA does not address the unified patent litigation system that follows a parallel work stream and will be subject to different legal instrument.”
FFII has also published some allegations in June:
“according to a testimony we received [Margot Frohlinger] did not want to “redo the impact assessment because it would attract critics”.”
The Commission is obliged to ship Impact Assessments attached to each of their proposals (which was correctly done for the 2 regulations), why was it not done with the UPCA?
1. Thanks for the information.
It is even worth than what one could expect.
Cheating was voluntary.
This is lobbying at its best, and the politicians were too happy to fall for it!
The rule of law should not be degraded as it would be should the UPC start!
It makes one want to puke at such duplicity!
10. Those who claim that the UPC is good for European industry in general and SMEs in particular cannot believe what they are saying.
The simply use the SMEs as fig leaf.
There have been studies showing clearly that the UPC will have a deleterious effect on SMEs.
I refer here at the study of Mr Dimitris Xenos “The Impact of the European Patent system on SMEs and National States and the Advent of Unitary Patent” available at
Why have countries like Poland and the Czech Republic refused to ratify the UPC? Because it will have a deleterious effect on their industry.
11. Dear Concerned Observer,
I can fully subscribe to your view as far as the position of a judge acting under the UPC as it stands.
But would it not be easy for such a judge to say that the subject-matter of the debate before the UPC is an infringement or nullity action and hence challenging the legality of the UPC is a not-admissible question?
I fear that this might be the position of all judges also hoping to make the big buck at the UPC. They would not be so stupid as to saw the branch on which they are sitting?
Before the entry in force of the UPC, its conformity with Union law has to be checked. It is not enough for its promoters to claim that it is conform.
In the previous project of 2009, the UPLS, the Rules of Procedure had to be validated by the CJEU, not the Commission, like in UPC. No idea what that has been changed.
Comments are closed.
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Q: Greg, I’m part of a bunch of car lovers who go to the area car shows and love to talk cars. Can you tell us some history on car companies in America and also what you think is coming in the future? How many car companies were there and can you comment on where the car industry is headed?
-Clint K., Jacksonville, Florida
A: Clint, I’d be glad to answer your questions as best I can.
From the years 1900 to 1919, some 2,000 American companies were involved in some way with the construction of motor vehicles. Henry Ford receives credit for building the first mass-produced car in 1908 with the Model T. Along the way, and while still building the Model T, Ford actually shut down his plant several times to re-tool for his second car, the 1927 Model A.
Through it all, the competition caught up to Ford’s assembly line advances and produced quality automobiles as the smaller companies folded. Larger concerns forged ahead with General Motors (GM), founded in 1908 with its Buick line, becoming a giant thanks to even better production methods than Ford. However, Ford adapted well to GM’s threat, and the two went head-to-head for superiority.
A third powerhouse, Maxwell, continued its climb and in 1925 became Chrysler Corporation, which then purchased Dodge in 1928. Their cars and trucks were very popular, and these companies formed the “Big Three” that we know today.
This Big Three wheeled its power and affordable price as the number of U.S. car companies by 1929 had shrunk to 98. During the 1930s, this number dwindled to 44.
At the beginning of the 1940s, The Big Three accounted for 90 percent of all U.S. car sales, with the rest divided between Packard, Hudson, Nash-Kelvinator, Checker, American Bantam/Austin, Studebaker, Crosley and Willys-Overland/Jeep.
In the early ’50s, Tucker, Muntz and Kaiser-Frazer joined the fray. Nash-Kelvinator, which produced the Rambler, merged with Hudson to become American Motors in 1954, while Studebaker and Packard also joined forces in 1954 and lasted until 1963.
Crosley closed its doors in 1952, American Austin, now just building trailers, closed shop in 1954 while Earl “Madman” Muntz tried car building with Frank Kurtis in 1950 and closed shop in 1954 with his Muntz Jet. Kaiser purchased Willys-Overland, stopped car production in 1955 and then concentrated on the Willys-Overland Jeep and Jeep truck/station wagon vehicles. The company was re-named Kaiser Jeep Corporation until 1970, when Kaiser sold the Jeep line to American Motors and exited the manufacturing business. Preston Tucker made just 51 of his famous car, recounted in the movie “Tucker,” which I recommend viewing.
By 1976, only 11 car companies were left, with many consolidating their businesses. Checker Motor Company, one of the many car companies founded in the 1920s, was famous for its taxi cabs and hung on in auto manufacturing until 1982 as one of the last independents.
Chrysler gobbled up American Motors in 1987, acquiring the popular Jeep line as its trump card along with the strong sales of Dodge Ram trucks. These years would be Chrysler’s last as an official American company as first a partnership with Renault in the mid 1980s was followed by a sale to Daimler AG, parent of Mercedes-Benz, in 1998. Daimler gave up in 2007, selling Chrysler to Cerberus Capital Management LLC, a private American company. After several troubled years, Chrysler found a savior in Fiat, and today operates as Fiat Chrysler Automobiles after a successful reorganization and some U.S. Government assistance. GM also received assistance during the serious recession in 2008, although Ford never took a penny.
Today, California-based electric car manufacturer Tesla has joined the American manufacturing fray, and makes a fine all electric automobile. Further, many foreign car companies including Toyota, Honda, Nissan and Mercedes-Benz also build cars in the United States but are still official foreign car companies. Thanks to their many assembly plants in the states, these car companies employ thousands of American workers that build quality foreign cars.
As for the future, we’re already there. General Motors huge multinational footprint includes factories in Hungary, Columbia, Egypt, Brazil, Japan, India, Ecuador, Thailand, Argentina, Russia, Mexico, Canada and France in addition to co-ops in China and Australia. Today, General Motors has reorganized after bankruptcy reorganization as General Motors LLC.
This all helps explain further that today’s American cars have much worldwide manufacturing influence. Fiat Chrysler offers its Alfa Romeo, Chrysler, Dodge, Lancia, Fiat 500/Abarth, RAM Trucks, Jeep and Maserati brands and may be the best example of a most interesting current bloodline. Fiat’s Ferrari was spun off in 2016 and gave Fiat Chrysler shareholders stock in Ferrari (ticker RACE) in a needed corporate business disassociation. Regardless of this split and public offering “separation,” Ferrari and Fiat will always be joined at the hip.
In ending, the days of Ford, GM and Chrysler all having their own vehicles built 100 percent in America are over and won’t ever return. We must admit, however, that today’s modern multinational cars and trucks are way better and safer than ever, while progress in electric cars will continue until one day, not that far off, the modern internal combustion powered car will be as rare as the electric cars were 20 years ago when the Honda Insight and Toyota Prius came to America.
Hope this all helps and thanks for your letter.
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https://www.gadsdentimes.com/business/20190304/cars-we-remember-history-of-american-car-companies-and-todays-multinational-vehicles
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U.S. stocks up, Tesla lowering prices of its cars for China
The stock exchanges in New York were largely positive on Wednesday, but saw earlier gains evaporate. Tech funds advanced across a broad front. Investors in the US were preparing for a long weekend. On Thursday Wall Street remained closed due to Thanksgiving. Only half a day will be traded on Friday.
The Dow-Jones index eventually closed at 24,464.69 points. The broad S & P 500 gained 0.3 percent to 2649.93 points and the technology heavy Nasdaq climbed 0.9 percent to 6872.25 points.
Tesla is going to lower the prices of its electric cars in China to compensate Chinese customers for the import duties on American cars. The prices of the Tesla Model S and Model X are reduced by 12 to 26 percent.
Elon Musk’s company said the reason for a significant share of import duties to make cars more affordable for customers in China, the world’s largest car market with strongly increasing sales of electric vehicles.
In order to avoid Chinese tariffs on US imports, Tesla is working on the construction of a large factory near Shanghai in order to be able to produce locally. Last month, Tesla signed an agreement on the rent of a piece of land in China where the first factory of Tesla should be built outside the United States.
Currently Tesla imports all cars that it sells in China. The company stated earlier that the import tariffs ensure that the company is making extra haste with the construction of the Chinese factory. In this way, the costs for transport by sea must also be cut. Recently the company started with the pre-sale of the new Model 3 in China.
Apple trimmed earlier gains amid ongoing concerns about iPhone sales continue to haunt the company. For example, the major supplier Foxconn announced that it was going to cut costs sharply due to challenging market conditions.
Sector peers such as Amazon, Alphabet and Microsoft did made progress. Facebook ended 1.8 percent higher after the company appeals against a British privacy fine.
Steel and aluminum producers were also in the spotlight. World Trade Organization WTO is going to investigate the American import duties that have been in effect since this spring. US Steel, Century Aluminum and Alcoa were up almost 3 percent.
Foot Locker presented better than expected figures. The sports store chain jumped 15 percent. In the wake, peers like Nike and Under Armor went up 3.2 percent. The agricultural machinery manufacturer Deere gained 2.4 percent after numbers.
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https://www.marketsmorning.com/u-s-stocks-up-tesla-lowering-prices-of-its-cars-for-china/
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Entrepreneur Training and Free Stuff
Don't you just flipping LOVE training? I'm such a nerd. I love soaking up info and turning it into wisdom. It's amazing how much of it you can pick up online absolutely free, too.
Now, my mission with this blog was and is to help people live awesome lives DESPITE the economy, so I love bringing you stuff that's clearly underpriced or even free. It's also important to me that I do due diligence on what I bring to you so that you can trust it. On that score, I've placed another small order with Groupon to see if they come up trumps this time. If they do ... I'll reinstate the banner. I've got my eye on them for you.
Anyhow ... free stuff. Not only have I recently found a STACK of free stuff to give you, but I've decided to make some of my own. I'm going to give away a course on Google+. Now, just to put this in perspective, I'm currently (statistically) the most influential person in England on Google+ so this is valuable training. I want to give it to you for free though because the news is full of s*** and you could do with a break. It's not your fault that the economy's falling to bits, so I don't see why you shouldn't have some cool free stuff to help you turn your own situation around a bit. Sound good?
Leave comments and let me know if there's anything particular you want to know. I'm just doing the final edits to the video course and I might still be able to put in some answers to those questions. Ask away!!
Can You Trust Groupon?
Until recently, I adored Groupon so much that I had a big, flashy, Groupon banner on this blog. I even blogged for them, and I had a wonderful editor who they were insane to let go of, but I became disenchanted with the company after I noticed some changes in the way they treat customers and others. These changes happened so fast that I began to wonder if there was any truth to the rumours that the company is in trouble.
They recently halved the amount they were paying bloggers, without warning, which doesn't smell like a company surfing the never-ending wave of success, but should recent revelations about their financial performance be ringing bells for others looking to make a name in the same space, or is it a wobble in an otherwise unwobbly bike ride to good fortune?
Groupon's View of Customers
My experience? I won't bore you with every detail, because some will only apply to writers, bloggers, or affiliates (email me if you fall into those categories and I'll fill you in) and also my aim here isn't to be a whining and disgruntled type, but rather to save you from going through what I'm currently enduring, and to get some feedback from other customers of the company to work out whether my experiences are isolated or the symptom of a bigger problem. If the former, I'll reinstate banners and keep recommending the company for non-urgent purchases. If the latter, I can't in good conscience continue to recommend them to you. Your trust is paramount.
Other issues aside, here are my experiences as a customer in the last couple of months:
1. An item was delivered with a European plug on it rather than a UK one. No adapter supplied with order. Item delivered after 28 days.
2. Numerous other items were all delivered late. Some after 28 days.
3. An item I ordered on 26th June still hasn't arrived. It hasn't even left the warehouse. No refund has been provided. I am just in a constant cycle of being pointed to emails and phone numbers with no resolution in sight.
4. I have received rude and patronising treatment by customer service and other departments.
Now, clearly, after waiting for nearly two months for an item that has yet to leave a warehouse, I may have lost my cool on the phone - not to the point of dropping the f bomb or anything but there may have been a 'do you have any idea who I think I am?' rant when I ran out of other options. Never a power move. I don't recommend it. That aside, I've given them every opportunity to fix this, and I've given them multiple warnings that they were leaving me with no option but to warn others of their lack of professionalism and customer service. I did actually get one decent customer service person on the phone once - which gave me hope - but I think she may have been whisked out of there on the back of the nayan cat to pastures new because my experiences since then have been dire.
I'm right in the middle of this, so it's difficult for me to be objective but I'm going to try.
• I have found some great deals on Groupon, and for that reason I would still consider recommending it to people on a budget. Being the largest player in the niche, it probably gets some of the best deals. If you're buying for yourself, you don't mind waiting, and you can handle being patronised by customer service, go for it.
• If you're relying on Groupon to provide your wedding day, give it some serious thought first. I promoted such a deal when I was still hopeful about Groupon resolving my issues, but I wouldn't do so again, unless completely convinced they've turned things around. Anything where speed of delivery and reliability are absolutely crucial look to be a gamble at the moment. Maybe my experiences aren't typical (feel free to tell me so in the comments) but I'd urge caution if you're buying presents, etc so you don't let people down if Groupon lets you down.
• Keep an eye on Groupon's competitors. There are plenty of hyper-local sites popping up that may offer better customer service and local knowledge. Compare what's on offer and go with the company that treats you with the most respect. Promote companies that care enough to earn your trust.
Here's how I would have handled the situation (and I'm only giving edited highlights of the problems I've had with the company in recent weeks):
1. I would have treated the customer with respect. The customer may not always be right, but when you're clearly in breach of contract (and at over 28 days, you're also in breach of statutory rights so the customer is 100% right. No question) hand over a cash refund, whether they paid in cash, by card, or with special mcnopoly money and plead for forgiveness, or say 'goodbye' to any the shiny paintwork on your brand.
2. It's nice to be important, but it's more important to be nice. If you've screwed up as a company and inconvenienced your customers, don't patronise them. Don't try to make them think it's their fault that you failed. Don't make them phone foreign countries and do your work for you. Educate everyone in your business that the customers are worth more than the money they spend. We all have networks online. We tell our friends about your brand. If you value your brand, value the people who are talking about it.
3. I would have apologised, and meant it. How hard is it to say the following words?
• I've looked at your case and seen the mistakes we've made in recent weeks. We've messed up here and we want to make it right. I've spoken to [person who can make it right] and they are [doing thing to make it right] so that [thing will happen to make it right]. If it hasn't happened by [date when things will be right] phone me directly on [number] and I will make absolutely sure that it is made right. In the mean time [something to sweeten the wait]. Please accept our apologies again. I've cc'd [person who makes things right in a more general way] and she's going to take steps to make sure this doesn't happen to anyone else again.
A final point. Google+ is constructed of purest win, and the team behind it do care about their customers. Google attempted to buy Groupon once. Groupon turned them down. Google's now opening their own version. It's in beta now if you're a business looking for this kind of service. Personally, given my experience with both companies, I'd recommend going to Google first. They treat people with respect, and I trust them.
I hope that my experiences are isolated, and maybe the result of some staff changes they've had recently, but I'd welcome your feedback. Do you trust Groupon?
EDIT: By the end of the day following this post, of the two outstanding items, one arrived and the other was refunded in Groupon vouchers. I was also called by the head of customer services and given £25 of 'good will' groupons. Where does that leave me? I have to remain a customer of the company despite their poor treatment of me. Having said that, it gives me the opportunity to monitor how they change. If I receive no further bad treatment from them, this is just a blip. If so, I'll feel confident about recommending them, and will put up the banner again. If, however, they mess me around again, I'll let you know.
One of the assurances I sought from them was that they would look at the broader context. We are in a very difficult economy at the moment and many of their customers are buying from them because they can't afford to buy the products at the normal price. If they order a birthday present or wedding present and it doesn't arrive, that's a huge kick in the teeth. When your market is people without huge amounts of disposable income, in a recession, it's important to treat them with respect. You never know when someone's on the edge. Hopefully they've listened and this will help to nudge them towards a better approach towards their customers. I'll keep you posted.
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PEBCAK Errors and OCSO Sheep
A friend of mine in the retail business shared an acronym used among his fellow-employees. Having regular interaction with confused computer customers, geniuses often identify PEBCAK Errors: Problem Exists Between Chair And Keyboard. I’ve sat in the middle of a few of those myself.
That same friend and I, along with a couple other youth staff leaders, were conversing about small groups. One leader remarked that we regularly run into a certain sort of sheep, and another acronym was born. This type is an OCSO Sheep: One Continual Shepherding Opportunity. A shepherd’s watch never really ends anyway, but some sheep make it more of a ride.
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BJU INTERNATIONAL, Volume 83 Supplement 1, Pages 63-73,
January 1, 1999.
Involuntary circumcision: the legal issues
Medical College of Wisconsin, Department of Paediatrics, Marshfield Clinic -- Lakeland Center, Minocqua, WI, *Attorneys for the Rights of the Child and University of Wyoming, USA
Circumcision is the amputation of the prepuce from the rest of the penis, resulting in permanent alteration of the anatomy histology and function of the penis [1,2]. Recently, legal scholars have challenged the legality of neonatal circumcision [3-7] and argued that it constitutes child abuse [8,9]. While this conjecture may seem outlandish to American physicians, who tend to a population in which 70-90% of the males are circumcised neonatally, such claims have a strong foundation in legal precedent and medico-ethical standards that aim to protect the bodily integrity of persons.
Bodily integrity and informed consent
Among a free society's most treasured principles are personal autonomy, respect for the individual and preservation of the body's physical integrity [10]. Patients are entitled to make decisions about their medical care through a process of `informed consent'. Medical providers must refrain from unwarranted interventions and allow patients the individual self-determination to control their own lives [11,12].
Incompetent persons cannot, of course exercise a right of self determination; someone must make decisions for them. Ordinarily this surrogate decision making is not regarded as anyone's right. Rather, some individual is accorded the privilege of acting as advocate for the incompetent person's interests [13]. However, for children, the law in common-law jurisdictions has historically ignored this norm and has allowed parents to make medical decisions for their minor children without having to demonstrate that their choices were in the children's best interests. This stance is particularly prevalent in the USA, although echoes of it are seen in other common-law jurisdictions, especially amongst lay people, who find ideas of children's rights uncomfortable. However, in recent years there has been a trend among legislatures, courts, legal scholars and child-welfare advocates toward insistence on respecting children, legally and morally, as distinct persons whose fundamental needs or `welfare interests' warrant legal protection [14], rather than viewing children as appendages or property of their parents to be treated however parents (within minimal limitations) see fit [15]. Simply complying with parental wishes is increasingly less acceptable; the child's best interests must also be considered [16,17]. Like surrogate decision-makers for incompetent adults, parents should be able to demonstrate that their judgement is the same as that which the child would rationally choose for himself, if able to do so. Such a demonstration should be necessary before medical professionals may accede to the preferences of parents regarding medical intervention for their children. [12].
In an effort to protect the rights of children, the American Academy of Pediatrics Committee on Bioethics developed a policy about informed consent in cases involving children. Informed parental permission can substitute for consent from the child only for medical interventions in situations of clear and immediate medical necessity, such as an immediate threat to the child from disease, trauma, or deformity. For non-essential treatments, which can be deferred without substantial risk, the physician and family should wait until the child's consent can be obtained [18]. Such a principle should apply even more strongly in the case of circumcision, which carries significant potential for causing serious harm. The committee emphasized the duty of the physician to protect the patient (the child) from parental desires that might be detrimental to the child.
United States case law
American case law clearly protects the bodily integrity of incompetent individuals. For example, doctors may not sterilize or administer contraceptives to a mentally retarded woman, regardless of parental desires, without showing it is the least restrictive means available for protecting the woman's interests [19]. Similarly, courts have limited the authority of parents to secure medical intervention for the child. In Wisconsin v Yoder, the US Supreme Court held that parental authority may be limited `if it appears that parental decisions will jeopardize the health and safety of the child' [20]. Lower courts have refused to allow parents to secure non-medically indicated procedures on children. For example in Little v Little, the guardian ad litem of a 14-year-old mentally incompetent, but otherwise perfectly healthy girl applied at the behest of the girl's mother for an order authorizing the mother to consent to the removal of a kidney from the girl's body, for the purpose of transplanting the kidney into the girl's brother who was suffering from end-stage renal disease. A Texas Court of Appeal rejected the request, holding that the `power of parents to consent to surgical intrusions upon the person of the limited to the power to consent to medical "treatment".' [21]. To date, all courts have held that surgical removal of a normal, healthy, uninjured part of the body is not `treatment'. In a transplantation case similar to Little v Little, a Louisiana Court of Appeal ruled that surgery could not take place and accorded `protection to a minor's right to be free in his person from bodily intrusion to the extent of the loss of an organ unless such loss be in the best interest of the minor'. [22].
United Kingdom
Under English law, assaults ranging from common assault to inflicting grievous bodily harm are offences under the Offences against the Person Act 1861. The Children and Young Persons Act 1933 makes willfully assaulting a child an offence. The Children Act 1989 requires that paramount consideration be given to the welfare of the child and the child's wishes [23]. Newborns can only be a subject of a research trial if the risk is no more than minimal and the child stands to benefit directly [24]. The UK Department of Health guidelines similarly provide that `those acting for the child can only give their consent provided that the intervention is for the benefit of the child. If they are responsible for allowing the child to be subjected to any risk (other than one so insignificant as to be negligible) which is not for the benefit of the child, it could be said that they were acting illegally' [25]
In Queensland, Australia, the Queensland Law Reform Commission concluded that `on a strict interpretation of the assault provisions of the Queensland Criminal Code, routine circumcision could be regarded as a criminal act' [26].
International Law
International human rights law clearly protects the child from unnecessary bodily intrusion [27]. The Convention on the Rights of the Child [28] calls for states that are parties to the convention to ensure that no violence, injury, or abuse occurs while the child is under the care of a parent or legal guardian (Article 19.1). It requires that children be protected from torture, from any cruel, inhuman, or degrading treatment or punishment (Article 37a), and from unlawful interference with their privacy (Article 16), Similarly, the Declaration of the Rights of the Child stipulates that children must be protected from all forms of cruelty, neglect and exploitation [29]. This respect for bodily integrity is also reflected in the European Charter for Children in Hospitals, which states that `every child shall be protected from unnecessary medical treatment and investigation'. [30]
Can involuntary circumcision be lawful?
The test for the lawfulness of a surgical intervention on a child has three parts; the intervention must be medically necessary [21,26,31], must be in the best interests of the child [22,23,26,32,33], and must not expose the child to unnecessary suffering or injury [24,25,34]. When a child has an illness, a medical or surgical intervention selected to facilitate the child's recovery can be justified. On the other hand, when healthy flesh is amputated from a healthy organ in a healthy child, the intervention is presumptively unlawful and the onus lies upon those who conduct the amputation to demonstrate that it satisfies the three part test. Justifications for neonatal circumcision have taken several forms, but as discussed below, under close scrutiny all of these purported justifications fail to satisfy these criteria.
`Neonatal circumcision is not child abuse because parental consent is given'
In the USA, parents sign a consent form that allows physicians to medically intervene on their children, and some physicians may believe that this absolutely absolves them of legal responsibility. However, if left unchecked, parents can then act to the detriment of their child., who is vulnerable and at the parents' mercy [35], so several safeguards exist.
First, parental consent in only effective for interventions that are in the child's best interest. Routine circumcision involves the painful removal of healthy tissue from a child and thus involves significant physical harm. Without medical benefits that outweigh this harm, circumcision must be deemed contrary to a child's best interests (see the following discussion of costs and benefits). When a conflict between parental preferences and the child's interests arises, the physician must protect the child, who is after all the physician's patient. [18]. In such cases, a replacement for the surrogate should be sought [10]. Court authority should be obtained for any surgery that is invasive, irreversible, or major; if there is a significant risk of making the wrong decision; or if the consequences of a wrong decision are particularly grave. [36]. As for the circumcision of males (like circumcision of females) is clearly invasive and irreversible, and arguably has substantial consequences for the person circumcised, court authority should be required for all circumcisions not required by exigent medical necessity. While on the face if it this may appear excessive, this rule is necessary to protect the individual's fundamental and legally protected rights, which despite the clear law have been ignored or over-ridden by dogmatic parents and /or complaisant doctors. Difficulty in accepting this conclusion may arise from a resistance to recognizing that infants have rights of their own.
The same point might be made by viewing parental consent as surrogate decision-making. Surrogates are expected to make decisions based on what the incompetent patient would want for himself if competent. Significantly, among males in the USA who were not circumcised as children, only 0.3% choose to undergo circumcision later in life [37] This suggests that parents who elect to have their sons circumcised violate this principle of substitute consent.
Second, parental permission is reserved, even for medically indicated interventions, to those that cannot safely wait until the child can be involved in the decision-making process. Even if there were sufficient medical benefits to outweigh the evident harms, would there be any harm in waiting to circumcise? Would most of the supposed medical benefits still be realized if a male chose to be circumcised upon becoming competent to decide for himself? Are there significant benefits in postponing the operation for months or years rather than performing it on a newborn? Significantly, although circumcision is the most frequently performed operation on children (indeed it is the most frequently performed surgery in the USA) a recent review article addressing the optimal timing for urological procedures in children did not even mention circumcision [38], suggesting either that their is no urgency to performing circumcisions immediately after birth or, more probably, that this surgery has not been given the attention it deserves. While a few urinary tract infections may be prevented with neonatal circumcision [39], the reported complication rates in the newborn period (2.0% [40] to 6.4% [41] are higher than those reported in circumcisions later in life (1.7% [42,43]). The risk of meatal stenosis after circumcision may be reduced if the surgery is delayed until after toilet training. [44]. While general anaesthesia is considered too risky for neonates, the results of attempts to control the pain with topical and local anaesthetics, although better than no anaesthetic, have been lackluster [45-50]. Postponing circumcision until the risk of general anaesthetic is more acceptable would be in the child's best interest.
In Australia, the Queensland Law Reform Commission neonatal circumcision `consent by parents to the procedure being performed may be invalid in the light of the common law's restrictions on the ability of parents to consent to the nontherapeutic treatment of children'. [26] Likewise, in Re Z [32] a UK court ruled that it `could refuse to permit a parent's exercise of parental responsibility even though it was bona fide and reasonable, if it was contrary to the child's best interests'. This invalidation of parental consent to an unjustified procedure has been suggested as applying to treatment performed with `consent' but without cause or excuse'. [31]. Thus, in those jurisdictions, parental privilege clearly does not extend to procedures not required by medical necessity including purely cosmetic surgery. The over-riding criterion of the child's best interests limits parental power [36,51]. It is understood that what is in the parents' or family's best interest is not automatically in the child's best interest [26]. The child's best interests must be determined objectively, and parental preference is irrelevant.
Third, any parental consent to circumcision must be informed consent, and the actual process for obtaining parental consent to circumcision in the USA typically falls far below the standard for other surgery [52]. Physicians performing the operation often know little about the prepuce or the care of the normal, uncircumcised penis [53]. Not surprisingly, this low level of knowledge in physicians is paralleled by a similarly poor level of parental knowledge about the complete penis [52,54]. In addition, doctors typically do a poor job of communicating information to parents, such as the surgical risks inherent in circumcision. [55].
Fourth, parental consent cannot be valid if any coercive elements affected or induced the granting of consent [56]. Nevertheless it is routine in the USA to ask a woman during a prenatal visit or on admission to the obstetrics ward [57] whether she desires circumcision for her child if it is a boy [58]. Offering a medically unnecessary surgery that will benefit the physician and hospital but not benefit the patient is clearly unethical [59]. Such a practice is a subtle but no less insidious form of coercion. Offering circumcision to a mother is often interpreted as a recommendation [52,58,60]. Mothers are left with the impression that `it must be the thing to do, or our doctor would not have told us about it'[61]. Given the perinatal emotional upheaval, parental consent in the neonatal context is rarely , if ever freely given [62]. The epitome of absurdity is Wiswell's suggestion of obtaining informed parental refusal [63].
To summarize, reliance on parental consent for neonatal circumcision is inadequate unless proof is provided that circumcision provides medical benefits outweighing the harms it occasions, that the health of the child would be significantly prejudiced by postponing the procedure until he is capable of giving effective consent to it himself, and that parental decisions are fully informed and uncoerced.
`Neonatal circumcision is not child abuse because it has medical benefits'
Is the prophylactic value of neonatal circumcision enough to justify violating a newborn's bodily integrity against his will? (The use of restraints and the degree and character of crying [64,65] show that the child undergoes circumcision unwillingly.) Currently surgical prophylaxis has been assessed in only one other instance [66]. Because the risk of breast cancer and ovarian cancer are significantly increased with BRCA1 and BRCA2 mutations, and their presence can be detected, women with these mutations may consider prophylactic mastectomy or oophorectomy. Even in the average 30-year-old woman with out these genetic markers, prophylactically removing both breasts and ovaries would add an additional 8 months in life expectancy. In either case, such prophylactic surgery is considered a `highly personal decision' made only after clear discussion of its effects on medical outcomes, and despite the increase in life-expectancy for the average woman, the authors of the study concluded that `prophylactic surgery is obviously unreasonable for these women'. [66]. Yet, for every cancer death for penile cancer in the USA, 264 women will die from either ovarian or breast cancer [67]. If prophylactic mastectomy and oophorectomy at age 30 are considered `obviously unreasonable' [66], why should prophylactic circumcision be considered `reasonable' when the benefits, existence of which are dubious, are markedly more remote? One study found that circumcision decreased the number of quality-adjusted years by a mean of 14h [68], while another found a mean increase of just 10 days [69].
The assumption that neonatal circumcision has prophylactic value has never been conclusively proven [68-71]. Haberfield, who has written in defence of circumcision, relies heavily on asserted benefits in asserting its legality [72]. By doing so, that author shows ignorance of the law, the medical evidence and the thrust of the QLRC report [26] In contrast, that author argues that female circumcision is properly classified as illegal by many Western countries because it has no medical benefits acknowledged by Western medicine [72]. These arguments are fundamental flaws. First, female circumcision has in the past been proposed by some medical professionals as possessing many of the same medical benefits that supporters of male circumcision currently argue result from the latter procedure [73]. If studies of a quality comparable to that of the studies that have purported to show a medical benefit for male circumcision, a medical benefit for female circumcision might be `demonstrated' as well. Moreover with both male and female genital alteration, the persons responsible for performing the procedures, as well as the respective cultures as a whole, validate the importance of childhood genital surgery, and for many of the same asserted reasons [74].
Second, Haberfield largely ignores the costs involved in circumcision. While amputating a foot to prevent ingrown toenails could be construed as a benefit, one clearly needs to incorporate the decision-making process due consideration of the risks, complications and loss of function resulting from the proposed procedure. Neonatal circumcision has repeatedly been shown to be cost-ineffective and to have an overall detrimental effect on health [68-71]. These findings negate any argument that the procedure's asserted benefits override a child's rights to bodily integrity and health, both of which are protected by international human rights standards [5,7,28]
The Convention on the Rights of the Child [28] requires all nations to respect the child's right to enjoy the highest attainable standard of health (Article 24). The Convention calls for the abolition of traditional practices prejudicial to the health of children (Article 24.3). Unnecessarily exposing a child to health risks (including death), pain and genital alteration clearly contravenes these provisions. The Convention of the Rights of the Child has attained a rare level of international authority because it has been adopted by every nation in the world except the USA and Somalia.
`Neonatal circumcision is not child abuse because it constitutes only "minor surgery"'
Haberfield's argument that circumcision is allowable because it is not `major surgery' [72,75] conflicts with the conclusion of the QLRC [26]; Haberfield provides neither evidence or discussion. The analysis suggests that Haberfield is unfamiliar with the procedure, which clearly qualifies as major amputative surgery, and misstates the effect of the legal position. The all too common comment that `minor surgery' is surgery that `someone else undergoes' applies here. Circumcision performed on older children and adults often requires general anesthesia with a mean recovery time of nearly 2 weeks [76]. Although newborns have a lower pain threshold than older infants, children and adults [77], the vast majority of newborn circumcisions in the USA are performed with little or no anesthesia [78].
During the circumcision, a baby's blood oxygen level decreases [79]; his heart rate, respiratory rate, blood pressure and stress measures increase dramatically [80-84]. His cry takes on a surprisingly high-pitched piercing cry observed only when a baby experiences excruciating pain [64,65]. He may completely dissociate, a response that is similar to post-traumatic stress disorder. He may become oddly quiet in apparent despair at the lack of any available escape from his ordeal [85]. Nearly 20% of those circumcised without anaesthesia will have apnoea/choking episodes [49] consistent with an apparent life-threatening event [86,87].
A boy's sleep pattern is altered after circumcision, with light sleep increasing and deep sleep decreasing in the period after surgery [81,82,88,89]. Infants who are circumcised have been observed to suck harder, faster and more vigorously at their bottles, making them less available to their surroundings, and less able to interact with their mother [90,91]. Feeding also deteriorates after circumcision [45].
Even if the complications from the procedure are ignored, the penis is markedly altered. Circumcision amputates nearly all the fine-touch neuroreceptors [1], thickens the epithelial layers of the exposed glans, reduces the mobility of penile shaft skin, and results in different sexual behavioural preferences [92,93].
The QLRC (Australia) stated that `in the absence of "real" consent, circumcision would fall under the definition of assault under s.245 of the Queensland Criminal Code. It might also be an offence endangering life or health'. [26] Some would even argue that the practice of neonatal circumcision constitutes torture, because of the intense and unwarranted pain the newborn suffers, and torture is clearly condemned by international instruments such as the Convention Against Torture [94] and the Universal Declaration of Human Rights [27].
`Neonatal circumcision is not child abuse where it is performed pursuant to a religious requirement'
While the USA Constitution prohibits government from interfering with religious beliefs, it does not protect practices performed in the name of religion that are harmful to society [95] or to another individual [96,97]. Rights of religious freedom do not relieve an individual's obligation to comply with valid, neutral law of equal application [98-104]. Likewise the Convention on the Rights of the Child [25] (Article 14.3), the International Covenant on Civil and Political Rights [105] (Article 18.3), and the American Convention of Human Rights (Article 12.3 all provide that the free exercise of religion is protected so long as it does not violate public safety, order, health, or morals, or the fundamental rights of another human being.
The European Convention on Human Rights (1950) contains similar provisions and is in the process of being incorporated into the Human Rights Bill in the UK. Although the Bill currently before Parliament contains amendments by the House of Lords exempting mainstream religions, it is likely that the UK Government will remove or change those amendments so that the Bill follows the requirements of the Convention. Even without changes to the Bill as it now stands, there will be nothing to stop an aggrieved person, who complains that his protected rights have been damaged and that remedies have been made unavailable in domestic courts because of the defective incorporation of the Convention, from seeking remedies in the European Court of Human Rights.
Given the significant lifelong harm caused by circumcision, the clear human rights violations entailed by the procedure, and the absence of genuine medical benefit, circumcision cannot be justified by appeal to the rights of religious freedom of parents or of religious communities. It is a mistake to understand anyone's right to religious freedom to include a right to make decisions regarding the medical care of another person. Rights in our culture protect individual self-determination, which includes control over one's body but which clearly does not include control over the body of another. Thus, regardless of how fervently a person may wish to decide what will happen to another's body, we simply do not understand that person's constitutional liberties to include that decision-making power. In fact we deem that person's religious convictions to be entirely irrelevant in deciding what rules he or she must abide by in interacting with or making decisions on behalf of others. [33]
The US Supreme Court endorsed this conclusion in Prince v. Massachusetts [106]. In deciding a conflict between parents' religious beliefs and children's physical well-being, it ruled that `parents may be free to become martyrs themselves but it does not follow that they are free to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves'. The religious beliefs of the parents, over which the child has no control, cannot be used to excuse harming the child's temporal interests [96] nor can they entitle the parent to control the child for the parents' benefit [33].
In English law, all factors must be taken into account in deciding what are the best interests of the child [33]. Thus parents' religious beliefs are only one factor among many when looking at non-therapeutic circumcision, and should be relatively unimportant when making a decision about circumcising children.
Furthermore it would be improper to impute any religious beliefs to children: doctors are no more in a position to assume what a person will believe when he grows up than are parents. Parents choosing circumcision for religious reasons may in fact be violating the child's own religious freedom, including the freedom to change religious beliefs [20, 107-109]. Children should therefore not be compelled to undergo a painful medically unjustified surgery that alters their genitals mere because the procedure is considered by some members of a religion to be essential to that faith. The procedure may well be inconsistent with the dictates of other religions that the person, who is presently an infant might select when he becomes an adult. The common use of the phrase `Jewish or Muslim boy' reflects our inability to approach the decision from the infant's perspective. These are boys of Jewish or Muslim parents; they have yet to determine their own religion. Cutting a child's genitalia takes away his right to choose whether to be marked with the scars of that particular religion. A boy, on reaching maturity, may resent a permanent change to his genitals made without his approval for a religion he did not accept.
Thus Etchells et al. [110] are misguided when they suggest that physicians should base the content of their informed decision on parental motives. They state that `if the parents' decision is based on strong cultural beliefs and practices, a detailed, impersonal disclosure of all known risks and benefits would probably not be relevant or helpful. However, if the decision is based on personal experiences (e.g. the father was circumcised), a detailed, impersonal disclosure of the risks and benefits would be helpful in helping the parents to come to a decision'. This statement contradicts their positions on therapeutic privilege [111] and substitute consent [112], does not address the child's interests, and may be little more than misplaced `political correctness' in an attempt to preserve tradition and placate Jews and Muslims. They fail to explain how parental motives alters the risks, benefits and treatment options, or the physician's duty to give full disclosure. Risks that these parents consider insignificant may well be significant for the infant. In short, all infants deserve the highest possible level of care, regardless of their parents' beliefs [113].
`Neonatal circumcision is not child abuse because it has cultural benefits"
Haberfield [72] argues that a child of Jewish or Muslim parents may feel psychologically and spiritually isolated from his religion and culture if not circumcised, that a practice integral to these religions has credible cultural value, and that ritual circumcision should be allowed on this basis. He argues that `the autonomy of its citizens' is of enough value that a state's intervention is inappropriate. This prohibition `seems further inappropriate in a multicultural society espousing tolerance for multicultural practices'. He recognizes that multiculturalism cannot be used as a blanket approval for all cultural practices and argues for example, that female circumcision would not warrant approval, and that local legislators should be free to prohibit practices they perceive to be repugnant to their communities [114]. However, Haberfield provides little empirical support and no principled thesis for treating male and female genital alteration differently.
More reasonably, Poulter [115] argues that a tentative argument for parents authorizing an intervention against a child's interests can be made if the harm caused by the intervention is compensated by sufficient advantage to others, and if the intervention is not seriously detrimental to the child. However, Poulter characterizes as `unlikely' a justification based on the more remote and controversial benefit of satisfying a deeply felt community attachment to traditional customs'. A year later he wrote that any custom that involves `cruel, inhumane or degrading treatment' such as female circumcision should not be tolerated [116]; he fails to discuss male circumcision.
While Haberfield chastises Richards for failing to `consider the right of an individual's autonomy in a liberal society'[75] he inexplicably fails to recognize the autonomy of the individual whose genitalia are to be altered. A cultural or religious community may view the child, and more specifically the prepuce, as community property; however, a child must be regarded as possessing the same full rights as any adult to exclusive ownership of his body [33]. Supposed benefits to the rest of society are not accepted as sufficient justification for involuntary surgery on adults. Nor should they be so accepted with children. Such procedures cannot be justified by the possible existence of cultural blindness regarding a particular practice, a phenomenon that allows several clear human rights violations to persist in various cultures throughout the world. The QLRC states that the best interests of the child `is a matter to be determined objectively'. [117]. Clearly, Haberfield's attempts to justify a harmful cultural practice fall short of the mark.
`Neonatal circumcision is not child abuse because it is not as damaging as female circumcision'
The notion that female circumcision is more damaging than male circumcision may be more the product of cultural blindness than any actual difference in severity. The justifications given for altering the genitalia of both sexes are strikingly similar [6,74], and several legal scholars find the practices equally problematic [6-8]. The dramatic changes in anatomy, the horrific complications (including death) that can arise [118-124], and the prolonged psychological sequelae [85, 125-128] leave little doubt as to the damaging effects of male circumcision. While the most drastic forms of female circumcision arguably entail greater harm than male circumcision, some forms of female circumcision involve less drastic procedures that are comparable in severity to male circumcision.
In any event, the human rights principles outlined above are absolute in their protection of certain basic rights that are violated by genital alterations, regardless of severity [3-5]. Any genital alteration that is not medically necessary infringes the basic human right to bodily integrity. Statutes that safeguard females against any alteration of their genitals while ignoring male genital alteration are illogical in their discrimination against males [5-7]. Such laws highlight the artificiality of our culturally based treatment of male circumcision.
The Fifth and Fourteenth Amendments of the US Constitution guarantee equal protection under the laws and prohibit discrimination on the basis of sex without an `exceedingly persuasive justification' [129], i.e. proof by the state that affording lesser protection to one sex closely serves an important state interest [13]. It is therefore unlikely that American gender-specific laws against female genital alteration could survive constitutional scrutiny [131]. Circumcision serves no interest of the state, let alone an important one. Case law and constitutional law in the USA demonstrate that courts have the power and duty under equal protection principles to extend the protection of female circumcision statutes to boys [131-133].
Equal protection principles embedded in international law and binding on all nations under treaty and/or customary law similarly prohibit invidious discrimination on the basis of gender, such as is inherent in the statutes that prohibit only female genital mutilation but permit the continuation of the male procedure. The International Covenant of Civil and Political Rights [105] provides that every child must have, without discrimination, the right to the same protections. (Article 24.1). This is echoed in the Universal Declaration of Human Rights, which states that all are equal before the law and entitled without discrimination to equal protection of the law'. (Article 7). The Charter of the United Nations likewise calls for the `observance of human rights and freedoms for all without distinction as to race, sex, language, or religion'. (Article 55c) [5].
Revealingly, lawmakers in the USA have at times implicitly acknowledged that male circumcision may constitute ritual abuse, at least in certain circumstances. No other apparent explanation exists for the specific exemptions for male circumcision in the ritual abuse laws of California (California Penal Code, para 662.83), Idaho Criminal Code, para 18-15-06 a4.b) and Illinois (Illinois Compiled Statutes para 5/12-32 and 5/12-33). These legislators must have considered male circumcision ritual abuse; otherwise there would not have been a need to include this statutory loophole.
`Neonatal circumcision is not child abuse because it has never been prosecuted as such'
The only judicial references to the lawfulness of male circumcision in the UK appear in two offhand comments by the court in R v Brown [134] and R v Adesanya [135]. In neither case is supportive evidence given for these declarations. With a similar lack of justification, Williams considered the illegality of ritual circumcision `utterly absurd' [136]. Most commentary supporting circumcision's legality relies on the untenable notion that is in no way medically harmful [115,137]. On the other hand, several scholars have credibly argued that neonatal circumcision could be prosecuted under current statutes [26,138]. Adequate consent is the usual source of privilege that may justify an otherwise medically unjustified and harmful surgery. In the absence of such consent, neonatal circumcision satisfies the definition of criminal assault and battery. All assaults that inflict bodily harm are illegal [139]. Brigman states that `since circumcision is medically unwarranted mutilation and disfigurement, it would appear to be a clear case of child abuse' [8]. While there have been no reported cases of successful prosecution of a male circumcision that was performed to the standard of care and to which the parents consented, this may be largely an artefact of the cultural tolerance of a practice that other cultures consider reprehensible. Numerous activities once tolerated as lawful are now considered criminal, including violence against one's wife, children, servants, or animals [134]. Among the functions of criminal law are protecting citizens, especially the young and vulnerable, from what is injurious, and providing safeguards from exploitation [140]. Brigman recommends using existing state laws prohibiting assault and battery to prohibit circumcision, but acknowledges that it would be extremely difficult to obtain a conviction [8].
American attitudes toward neonatal circumcision may be in the throes of a paradigm shift [141]. The medical justifications suggested for neonatal circumcision are rapidly being exposed as myths, while the procedure's defenders are becoming more vocal in their attempts to prevent the truth about the procedure from being absorbed into mainstream American culture [142-144]. However, cultural blindness is likely to hinder progress in allaying the damage caused by male circumcision. Laws generally reflect societal attitudes and rarely herald dramatic social transformation. Likewise, judges are more likely to respond to well-established social trends than to be the vanguard of dramatic change. Courts naturally view issues through society's social and cultural prejudices [5].
There is little doubt that a physician who today performs an operation with no therapeutic benefit, and which results in significant risk and inevitable loss of function, risks a civil claim for damages as well as censure from his professional body. In the USA, circumcision commonly serves as a basis for malpractice claims [145]. The current practice of inadequate disclosure of information during the informed consent process may be responsible for some of these claims. Citing Bolam vs. Friern Hospital Management Committee [146], Haberfield [72] argues that while a physician is always obliged to fully disclose the risks and benefits of a proposed procedure, as long as the physician follows the practice accepted at the time by a responsible body of medical opinion, the doctor cannot be held negligent. However that analysis dose not take into account a recent Irish court ruling that a doctor who follows a practice approved by colleagues of similar specialities could nevertheless be challenged if it can be established that the practice has inherent defects that ought to be obvious to any person who gives the matter due consideration [147]. Likewise under British law, physicians cannot defend themselves from charges of malpractice/assault/battery by stating that they were `inspired by a belief in the efficacy of a pseudo-medical treatment' [134]. Haberfield's suggestion does not accord with the law in the UK or elsewhere; full disclosure is required regardless of contemporary medical opinion [148]
However, Haberfield also contends that circumcision's `claimed prophylactic medical benefits' would help a physician pass the Bolam test. In reality, the physician's liability is related to the body of medical opinion and, more importantly, to the validity of parental consent. In the context of circumcision, the current American practice of solicitation of a medically unnecessary operation with no prior parental inquiry and unrequested consultation represent glaring exceptions to ethically practised medicine [58]. In the absence of medical need, it is hard to see how solicitation for this surgery amounts to anything more than the exploitation of normal and healthy children for money.
The medical community is violating the law through a combination of faulty medical opinion, negligence and inadequate consent [7]. Circumcision amputates the prepuce from the penis, resulting in a permanent alteration in the anatomy, histology and functional integrity of the penis. The procedure is not without risk, and horrific complications have been recorded in the medical literature. For circumcision of a non-consenting minor to be legally valid there must be a clear and immediate medical necessity; unsolicited, uncoerced, fully informed parental consent; and a determination that it is in the child's best interest. It must be shown to a reasonable degree of certainty that the child would, upon attainment of the age of reason, desire circumcision for himself. For circumcision to be permitted as a religious ritual, it would need to be demonstrated that the child is virtually certain to practice that religion upon attaining the age of reason and that the child will suffer in some way from having the decision reserved for him to make as an adult. Circumcision as currently practiced on non-consenting minors fails to meet that criteria.
There is no reason, other than cultural bias, why the current child abuse laws and laws prohibiting female circumcision are not applied to those performing involuntary male circumcision. For those physicians currently performing involuntary circumcisions, the only protection may be full disclosure, but based on current legal precedent, this may not be enough.
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68. Ganiats GT, Humphrey JB, Taras HL, Kaplan RM. Routine neonatal circumcision: a cost-utility analysis. Med Decis Making 1991; 11: 282-93
70. Chessare JB. Circumcision: is the risk of urinary tract infection really the pivotal issue? Clin Pediatr Phila 1992
71. Cadman D, Gafni A, McNamee J. Newborn circumcision: an economic perspective. Can Med Assoc J 1984; 131: 1353-5
72. Haberfield L. The law and male circumcision in Australia: medical, legal, and cultural issues. Monash University Law Rev 1997; 23: 92-122
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74. Lightfoot-Klein H. Similarities in attitudes and misconceptions about male and female sexual mutilations. In Denniston GC, Milos MF, eds. Sexual Mutilations: a Human Tragedy. New York: Plenum Press, 1997: 131-5
75. Haberfield L. Responding to `Male circumcision: medical or ritual?. J Law Med 1997; 4: 379-85
78. Garry T. Circumcision: a survey of fees and practices. OBG Management 1994; October: 34-6
79. Rawlings DJ, Miller PA, Engel RR. The effect of circumcision on transcutaneous PO2 in term infants. AM J Dis Child 1980; 134: 676-8
80. Gunnar MR, Porter FL, Wolf CM, Rigatuso J, Larson MC. Neonatal stress reactivity: predictions to later emotional temperament. Child Dev 1995; 66: 1-13
81. Gunnar MR, Fisch RO, Malone S. The effects of circumcision on serum cortisol and behavior. Psychoneuroendocrinology 1981; 6: 269-75.
84. Talbert LM, Kraybill EN, Potter HD. Adrenal cortical response to circumcision in the neonate. Obstet Gynecol 1976; 48: 208-10
85. Goldman R. Circumcision: The Hidden Trauma: How an American Cultural Practice Affects Infants and Ultimately Us ALL. Boston: Vanguard Publications 1997
86. NIH Consensus Development Conference. Infantile Apnea, Home Monitoring. Rockville MD. US Public Health Service, 4. US Dept of Health and Human Services. NIH publication 87-2905 1986
87. Van Howe RS, Cold CJ. Local anesthesia for infants undergoing circumcision. JAMA 1998; 279: 1170
88. Emde RN, Harmon RJ, Metcalf D, Koenig KL, Wagonfeld S. Stress and neonatal sleep. Psychosom Med 1971; 33: 174-9
89. Anders TF, Chalemian RJ. The effects of circumcision on sleep-wake states in human neonate. Psychosom Med 1974; 36: 174-9
90. Marshall RE, Porter FL, Rogers AG, Moore J, Anderson B. Boxerman SB. Circumcision II. Effects upon mother-infant interaction. Early Hum Dev 1982: 7: 367-74
91. Dixon S, Snyder J, Holve R, Bromberger P. Behavioral effects of circumcision with and without anesthesia. J Dev Behav Peds 1984; 5: 246-50
93. Van Howe RS, Cold CJ. Advantages and disadvantages of neonatal circumcision. JAMA 1998; 278: 203
94. Convention Against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment UN GA resolution 39/46, December 10 1984 Article 1
95. Reynolds v United States 98 US 145 1878
96. Jehovah's Witnesses V King County Hospital. 278 F 1968 (Supplement 488): (WD Wash 1967) aff'd 390 US 598
97. Adelaide Company of Jehovah's Witnesses Inc. v Commonwealth 67 CLR. 116 1943
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111. Etchells E, Sharpe G, Burgess MM, Singer A. Bioethics for clinicians: 2. Disclosure. Can Med Assoc J 1996; 155: 387-91
112. Neil M, Lazar NM, Greiner GG, Robertson G, Singer PA. Bioethics for clinicians: 5. Substitute Decision Making. Can Med Assoc J 1996; 155: 1435-7
113. Haberfield L. Informed consent and male circumcision. Presented to Australian Law Teachers Association Conference, Sydney, NSW, Australia, October 3, 1997.
114. Garkawe S. The impact of cultural relativism on the Australian legal system. E Law - Murdoch University Electronic J Law 1995; 3: 29-38
115. Poulter D. English Law and Ethnic Minority Customs. London: Butterworths 1986
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117. Queenland Law Reform Commission. Consent to Medical Treatment of Young People. WP 44. Brisbane, Australia QLRC 1993
118. Bliss DP, Healy PJ, JHT. Necrotizing fasciitis after Plastibell circumcision. J Pediatr 1997; 13: 459-62
119. Sherman J, Borer JG, Horowitz M, Glassberg KI. Circumcision: successful glandular reconstruction and survival following traumatic amputation. J Urol 1996; 156: 842-4
120. Woodside JR. Necrotizing fasciitis after neonatal circumcision. Am J Dis Child 1980; 134: 301-2
121. Sotolongo JR, Jr. Hoffman S, Gribetz ME. Penile denudation injuries after circumcision. J Urol 1996 133: 102-3
123. Jee LD, Millar AJ. Ruptured bladder following circumcision using the Plastibell device. Br J Urol 1990; 65: 216-7
124. Connelly KP, Shropshire LC, Salzberg A. Gastric rupture associated with prolonged crying in a newborn undergoing circumcision. Clin Pediatr Phila 1992; 3: 560-1
125. Taddio A, Goldbach M, Ipp M, Stevens B, Koren G. Effect of neonatal circumcision on pain response during vaccination in boys. Lancet 1995; 345: 291-2
128. Hammond T. Long term consequences of neonatal circumcision: a preliminary poll of circumcised men. In Denniston GC, Milos MF, eds. Sexual Mutilations: a Human Tragedy. New York: Plenum Press, 1997:125-9
129. Mississippi University for Women v Hogan 458 US. 718 1982
130. Craig v Boren 429 US 190 1976
131. Baer Z. Circumcision: are baby boys entitled to the same protection as baby girls regarding genital mutilation? In Denniston GC, Milos MF, eds. Sexual Mutilations: a Human Tragedy. New York: Plenum Press 1997: 197-203
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138. Kirkey S. Circumcising boys `criminal assault' ethicist says society must consider ban. Ottawa Citizen 1997; October 17: 1
139. Collins v Willcock 1 WLR. 1171 1984
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142. Weiss GN. Prophylactic neonatal circumcision and infectious diseases. Pediatr Infect Dis J 1997; 16: 258-60
143. Schoen EJ. Benefits of newborn circumcision: is Europe ignoring medical evidence? Arch Dis Child; 77: 258-60
144. Wiswell TE. Circumcision Circumspection. N Engl J Med 1997; 336: 1244-5
145. Morey AF, Foley HT, McLeod DG, Pendergrass TL. Malpractice Claims for urogenital injuries. J Urol 1988; 140: 1475-8
146. Bolam v Friern Hospital Management Committee 1 WLR. 582 1957
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148. Rogers v Whitaker 175 CLR. 479 1992
R. S. Van Howe, MD, FAAP, Clinical Instructor.
J.S. Svoboda, JD, Attorney, Director, Attorneys for the Rights of the Child.
J.G. Dwyer, JD, Ph.D, Professor of Law.
C.P. Price, MA, Solicitor.
Correspondence: Robert S. Van Howe, MD, 9601 Townline Road, PO Box 1390, Minocqua, Wisconsin 54548-1390, USA
(File revised 28 April 2006)
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Ambarella A7L-A
The terrifying video of a Russian plane crash on a freeway was captured using a dashboard-mounted camera. Those cameras are going to become a lot more common for documenting driving, and Ambarella is going to make them more cost-effective.
Ambarella A7L-ASanta Clara, Calif.-based Ambarella designs low-power video chips used in all sorts of sports cameras and digital still cameras. But the new A7L-A chip it’s introducing today at the Consumer Electronics Show in Las Vegas is designed for use in car video cameras.
Cameras in cars have become like airliner black box recorders, capturing video proof in case of an accident, Ambarella marketing vice president Chris Day told me in an interview. They’re a lot more popular in places such as Russia, China, Taiwan, and Korea. But Day believes they will eventually equip cars in the West as well.
The new A7L-A is a version of the A7 chip that has been the workhorse of video cameras since 2010. It can capture decent image quality, even if you’re driving at night or at dusk. Video memory is integrated directly into the chip.
Rivals include CSR’s Zoran division as well as major Japanese and Korean companies that make chips for their own cameras.
[Image credit: the Telegraph]
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How to Travel in Style: Finding a Perfect Flight
What’s potential in every week? Should you dedicated seven days to the achievement of one objective, how formidable might you make this objective? These have been the questions that the multilingual associates Katy and Sara posed themselves once they determined to study English in a single week, to prove that it may be achieved and anybody can do it with the fitting methods.
They might try and liberate themselves from the distractions and duties of modern-day life in an effort to cram eight hours of research time and I was observing a number of the world’s most succesful language learners at work.
The language studying professional: Sara
The buddies set themselves the challenge of studying a language in every week as a way to stretch themselves, and then it was a question of choosing which language to study. English introduced itself as a pure choice; there are nigh on 300,000 English audio system in Germany’s capital, and the areas are dotted with stores adorned with signs in English.
“Really understanding one’s surroundings requires one to first perceive English”
The first operational step within the associates studying process was to embellish the whole condominium with sticky notes. This had an virtually ceremonial touch to it as the buddies delved into dictionaries and proceeded to label every thing with its corresponding English identify.
Inside the area of about an hour it was unattainable to hold out any menial activity, be it making a espresso or flicking off a light-weight change, without first being introduced with at the very least three totally different words associated to this motion.
Sara studying within the park
The significance of the opposite twin’s presence turned immediately apparent as Katy and Sara delegated duties for rooms to embellish with sticky notes. This easy process was augmented by continuous little checks that they might spring on one another, and the truth that they cut up up their day slightly in another way and studied totally different subjects meant that every twin turned a source of data for the other.
Probably the most extraordinary second got here in the direction of the top of the week!
The buddies merely switched their on a regular basis conversations to English, asking one another if they needed tea or coffee, have been able to prepare dinner dinner or once they have been going to go away the house.
Katy and Sara had quite a few micro-challenges all through the week. On the first day they have been visited by a English good friend who greeted them in English and complimented them on how shortly they’d picked up their first phrases and phrases.
They then discovered the names of fruits and the numbers from one to a billion so that they might visit the English market (although they kept away from buying 9 hundred thousand kumquats). Displaying their haul after their first practical trade in English, they beamed with satisfaction and a palpable sense of accomplishment earlier than marching back house to review further.
Katy enjoying audio classes
On our second go to to the brother’s house 24 hours into the week, we discovered them sampling dozens of different kinds of English snacks.
Like youngsters staring at the backs of cereal packs earlier than heading to high school, the dietary info and numerous special provides and competitions on the packaging have been analysed during snack breaks.
There was no moment of full removing from the language learning process in the course of the eight hours that the buddies had allotted to it.
They have been always utilizing their present information to help the ever-growing information of English, this being the basis of their success.
“you’ll doubtless come across words that share widespread origins together with your native tongue”
The buddies spent a variety of time engrossed in books or on their computers and apps, flicking and swiping their method via workouts eagerly, but at other occasions they have been to be discovered looking busily for English radio stations and write-ups of English football games on the internet.
There isn’t a definitive technique to study a language fluently
All too typically, individuals enter their weekly language class to converse with their instructor, but then barely have any contact with different audio system and that’s not enough.
The previous saying that we will clear up problems extra effectively once we sleep on it might be especially true if the problem we’re making an attempt to unravel is studying a new language.
Motivated Katy out to the library
Researchers from two Swiss universities needed to know if they might improve the training of words from a overseas language by exposing individuals to the words during non-rapid eye motion sleep the deep, dreamless sleep period that the majority of us expertise through the first few hours of the night time.
To seek out out, they gathered two teams of research members, all of whom have been native German audio system, and gave them a collection of Dutch-to-German phrase pairs to study at 10 pm. One group was then instructed to get some sleep, while the other group was stored awake.For the subsequent few hours both groups listened to an audio playback of the word pairs they’d already been exposed to and a few they hadn’t yet heard.
The researchers then re-gathered both teams at 2 am and gave them a check of the Dutch words to uncover any differences in studying. And indeed there was a difference:
“The group that listened to the words throughout sleep did better at recalling the phrases they’d heard”
The straightforward yet potent trick the researchers employed is called verbal cueing, and this is not the primary declare made for its success whereas sleeping. But what makes this research totally different is that it places a finer point on the circumstances mandatory for this trick to truly work specifically, it only works once we’ve already been uncovered to the verbal cues before we sleep.
The researchers added a techie dimension by conducting electroencephalographic (EEG)recordings of the sleeping members brains to trace neural electrical exercise through the learning period.
They discovered that learning the overseas words overlapped with the looks of theta mind waves, an intriguing end result since theta is the mind wave state typically associated with heightened studying whereas awake (often we’re in both the high-frequency, high-alertness alpha or beta states while awake, however it’s thought potential to induce theta state slower in frequency than alpha and beta via concentration methods).
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Platinum Partner
An Introduction to OpenStack
OpenStack is an open source platform for building massively scalable cloud operating systems and can be used to power both public and private clouds. Diablo is the latest stable release of OpenStack.
The OpenStack project was originally launched by RackSpace in collaboration with NASA in July 2010 where it gained a lot of attention in a short period of time. NASA contributed their code from the Nebula cloud project to OpenStack compute, and RackSpace contributed most of code behind their cloud platform, specifically Cloud File products. Technology giants like Intel and Dell embraced OpenStack immediately after it started and now there are over 140 companies that support the OpenStack initiative. Giants like IBM, AT&T, and HP all recently announced they’ve joined OpenStack and Sony has moved a portion of its PlayStation services from AWS to OpenStack in Rackspace after suffering from a cyber-attack last year which caused a major outage to their services.
OpenStack consists of a set of inter-related projects which make up the various components of a cloud computing platform. Its services are interoperable with existing cloud services like AWS, which heightens its appeal. Three key components of OpenStack are:
1. OpenStack Compute (Nova)
2. OpenStack Object Storage (Swift)
3. OpenStack Image Service (Glance)
OpenStack Compute (Nova)
OpenStack compute aka Nova, is a python-based software used to orchestrate cloud and manage virtual machines and networks. Nova allows us to create and manage virtual servers using machine images. These images are handled by a separate OpenStack service called Glance. Nova includes the underlying software, APIs, and a control panel. It is hypervisor agnostic which means it can run on variety of hypervisors and doesn’t include any virtualization software, whereas it defines drivers to interact with well-known virtualization software like Xen, VMWare, Hyper-V.
Nova has server logical components which fall under two main categories:
1. WSGI daemons to accept and manage API calls
2. Worker daemons to carry out orchestration tasks
Apart from these two, there are two other components, a database and message queue which perform critical roles in orchestration tasks through data sharing and message passing.
The most important part of OpenStack Compute is nova-api WSGI daemon which provides an end-point for API requests to the OpenStack API or EC2 API. This end-point can be used start and manage instances similar to managing EC2 instances using API requests. Nova basically interfaces with OpenStack Image Service through the glance-api.
Next we have nova-compute worker daemon which handles the instance life cycles by executing a series of system commands while updating the state in a database. nova-network daemon deals with the network-related tasks like allocation of IP, network manipulations, etc. It accepts networking tasks from a queue and performs a series of commands to manipulate networks. nova-scheduler processes takes a virtual machine instance request and determines where it should run.
An SQL database will store the configuration and run-time status of the cloud infrastructure. Sqlite3, MySQL, and PostgreSQL are the currently supported databases; though sqlite3 is the most widely used.
OpenStack Object Storage (Swift)
OpenStack Object Storage is roughly similar to Amazon S3. Swift allows us to store objects in massively scalable infrastructure with in-built redundancy and fail-over. It can be used to store static data (like Images and Videos), make back-ups, archive data, and so on. Swift will write copies of data to multiple redundant servers which are logically grouped into Zones. Zones are isolated from each other to safeguard from failures. We can configure Swift and decide the number of Zones and replicas we need to have in the system.
Object is the basic storage entity in Swift. An object can be anything like a document, audio, or video data. A container, which is similar to buckets in S3, allows you to organize objects by grouping them. Swift simply provides API endpoints to store and manipulate objects. We cannot use Swift as a file system and they are not accessible via any file sharing protocols. To access the Object Storage you must authenticate against an authentication service to receive a token. This token must be passed in subsequent API calls. Every Swift user will have their own storage account with full access to it. An authenticated user can create and delete containers and objects in their account.
There are many components for Swift, like Object server, Container server, Ring, Proxy server, and so on. Object server is a simple blob storage for storing and retrieving objects. Container servers primarily list the objects by grouping them. Ring contains the information about the physical location of objects. It is something similar to an index in traditional database. The Proxy server acts as an entry point to the OpenStack Object Storage infrastructure. Users access Swift by making API requests to this Proxy server. It is responsible for handling failovers by switching requests to any handover server.
OpenStack Image Service (Glance)
Glance is responsible for storage, discovery, and retrieval of virtual machine images. Glance can be configured to store VM images in Object Storage, Amazon S3, or simple file-system. Glance-registry and Glance-api are the two important components of Image Service. Glance-registry stores and retrieves metadata about images. Like I mentioned previously, Nova interacts with Glance using Glance-api for querying and retrieving actual VM images.
Clients can register VM images by making API requests to Image Service. Glance supports a variety of image formats like RAW, ISO (Archive disk format used in optical disks), AMI (Amazon Machine Image), etc.
Incubated Projects
In addition to the three core projects there are two projects, OpenStack Identity (keystone) and OpenStack Dashboard (Horizon), incubated in the Diablo release which will be added to the core in next release. OpenStack identity provides a unified authentication across all OpenStack projects. Though this is not quite production ready right now, it’s going to be a key component in coming releases.
OpenStack Dashboard enables users to manage their infrastructure using a simple web interface. Administrators can launch and manage instances and resources from here. Dashboard will list all available images, and users can select one to launch from this list. It also allows users to create volumes and attach them to any instance.
OpenStack has the support of a code base that powers Rackspace cloud and big companies in the industry are actively contributing to the project. OpenStack is committed to creating an enterprise cloud platform that is truly and completely open-sourced. Open-source software prevents any kind of proprietary vendor lock-ins. Even more interesting is its interoperability with existing IaaS providers like AWS.
In October 2011 Rackspace announced transitioning of its management to an independent foundation called OpenStack foundation, to protect the OpenStack brand for the benefit of community participants. Making OpenStack a ubiquitous cloud platform and ensuring its interoperability are the most important goals of the OpenStack foundation. There are two interesting initiatives that are intended to make using OpenStack easier: StackOps provides tools for making deployment and operation of OpenStack by packaging them to Distros and DevStack provides a set of well-documented shell scripts to build a complete OpenStack environment.
Opinions expressed by DZone contributors are their own.
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Tossing out some thoughts on Tolkien
So Erin Horakova just wrote a brilliant essay on "Kirk Drift" about how we have entirely invented a captain Kirk who did not exist in The Original Series. Go and read it, because the how and the why matter a lot.
And the same day, there's this actually-not-bad-except-kinda-bad essay/interview about "historical diversity", which does a good job of telling the story that racism in Epic Fantasy is bundled up with European Imperial conceptions of race, and its great progenitor Tolkien. It's not a *bad* argument, and clearly there are still plenty of people who are more interested in denying or downplaying racism in genre generally and Tolkien specifically that it needs to be said.
Erin reminds me that:
And the thing is, I'm pretty sure that this story of genre's Original Sin embedded and cocreated with Europe's great sin elides so much as to be incorrect. So here are some thoughts and complications, some of which I'm more confident in than others, which I'd like to explore more later. (When we're moved into a house and I can unpack my library, for instance).
• The invention of "Race" and "Racism" should probably be located with Portuguese colonizers in something like the 15th century. It's well fleshed out and embedded by the time Tolkien's writing.
• Tolkien's also writing in the midst of a broader European project to legitimize various Nations and Nationalities (locating the "volk") by finding or inventing "Great National Epics", pre-Christian (i.e. uncivilized and authentic) culture.
• Those 400 years of writing and inventing race include a bunch of Epic Poetry (in a different tradition from things like Beowulf and Gawain and the Green Knight, for instance, which we know Tolkien was interested in). There are, in other words, a lot of interesting sources and traditions Tolkien was writing in the context of. I don't know much about these, but would like it.
• (So there's a bunch of bullets about what Tolkien was doing, since he didn't spring sui generis, and I think that's rarely engaged with)
• Meanwhile, the Story of Tolkien as progenitor jumps two decades to the remarkable coincidence of Lord Foul's Bane and Sword of Shannara published in the same year, picks up David Eddings, Robert Jordan, the Canonization of Fantasy Races in D&D, and then the backlash of grimdark as embodied in George R R Martin. Race and racism are embedded throughout (this seems largely true to me).
• This story erases (at least) women, magazines, the ways that Fantasy and Sci-Fi are probably interrelated. It's a fine story, but deserves to be complicated
• More importantly, this story recreates Tolkien. His grand mythology is played up at the expense of the ways The Hobbit in particular isn't a fully immersive story and refers back to its readers. The fantasy that Tolkien's imitators created becomes Tolkien's work. Which seems unfair to Tolkien and his language jokes at the opening of The Hobbit, at least
• Something-something marketing creates our readings of books and traditions of inheritance (and other things to, but here I'm far out of my depth).
I want to think about all of these through a rereading of Tolkien, but if you've got suggestions, send me an email at contact at cabbagesandkings dot audio. At some point, I'll probably work these up into some essays.
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https://www.cabbagesandkings.audio/musings/tossing-out-some-thoughts-on-tolkien
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Prospective Employees
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With Bamboo Index | Home Page
"Stradivarius or Yamaha; Tool or Treasure"
by Ralph Moon (Part 2)
The second factor must inevitably be tied in to the nature of the material itself. As Gingrich rather pungently pointed out , plastic just does not cut it. A dear friend of mine, Walton Powell, expressed his feeling about impregnated rods to me once, by stating, "Hell, if I wanted a plastic rod, I'd have gotten a plastic rod."
There is something about natural materials that attracts the true enthusiast. Would you rather go hunting with a plastic stocked J.C. Higgins shotgun or a Purdy? Would you rather use a b eautifully finished rosewood and brass T-square or one stamped from sheet metal? Would you rather fish with a Jim Payne rod or a Sage? If you answer by selecting the first choice in these examples read on.
Vincent Marinaro is perhaps better known for his theories on presentation than as a rod builder, but the fact remains that his stature would forever stand secure on his expertise as a rod builder. His theories on rod building are based on the proper application of the principals of length, materials, and taper.
On materials Marinaro says without reservation "it was apparent to me that the only suitable material was bamboo." He goes further and makes the comment that bamboo is still the great standard against which all other materials are measured.
The major difference between bamboo rods and modern composite rods, be they fiberglass, graphite or boron, lies in the structural differences. On the one hand you have a solid structure composed of fibers of various densities, on the other hand a hollow tube of homogeneous material.
The difference manifests itself in a couple of different ways. Most anglers (although not all) will agree that vibrations are more readily discerned through a solid structure than throu gh a hollow one. The increased sensitivity of the rod in detecting the action of the terminal tackle, including the take of fish, is a decided advantage that might in and of itself be sufficient cause for advancing the merits of the bamboo rod over the sy nthetics.
There is however, an even more important reason the bamboo rod is superior to the tubular rod. Most anglers are aware that present day bamboo rod construction is marked primarily by six strips of bamboo laminated together. Each strip is a tapering equilateral triangular solid that is characterized by long, hard fibers on the surface of the strip and a softer underlayer of pith in the center.
The assembled section then has a very dense hard layer of power fibers covering a softer pithy interior. Many who are aware of this construction understand that the stretching and compr ession of the outer surfaces when the rod is flexed are cushioned and strengthened by the softer interior. This is true, and again if for no other reason this might be construed as further evidence that the bamboo rod has superior characteristics. The fla ttening and deformation of a tube under stress may lead (as many have found to their consternation) to catastrophic failure of the structure.
There is another factor that is governed by the composite structure of the bamboo rod and that is a dampening and cushioning action. As the rod flexes and bends the dampening effect of the pithy center serves to slow down and delay the transmission of unwanted vibrations. While extreme sine waves may sometimes be seen in bamboo rods, either because of poor design or of improper casting, they are far less prevalent then in graphite and f iberglass rods.
Marinaro states that this dampening effect is the closest thing he has seen to a repeal of Newton's Second Law of Motion. (Ed. note: the law mentioned is that a body in motion tends to remain in motion, while a body at rest tends to stay at rest.) The subjective aspect of this effect is to be in comments that bamboo is smoother, closer to natural action, less tiring.
I'd conclude by saying that this is in no way an indictment of modern synthetic rods. They have many advantages and even superiority in some aspects. They are lighter (for the most part), they present a smaller profile in the casting stroke allowing for some increase in speed, and today they are cheaper to purchase.
Still, I think that bamboo richly deserves the nickname "the lovely reed." - Ralph Moon
With Bamboo Index | Home Page
Contact publisher@ flyanglersonline.com for use information.
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