সোমবার, ৩১ ডিসেম্বর, ২০১২

Something from nothing I: The relevance of science to philosophy ...

Do theistic metaphysical systems such as Thomism or Scotism have any stakes in the findings of the empirical sciences? ?A discussion of formal causes in science and challenges to the principle of causality.

According to the positivists, the very existence and success of these sciences is a refutation of religious and metaphysical ways of thinking; these are thereby proved either wrong or meaningless according to whether they have any empirical content. ?This view is notoriously self-refuting, and I trust few of my readers have much sympathy for it. ?Those who see value in both metaphysics and science will therefore claim that the two address different questions and different aspects of being.

For some, this conviction leads to a very sharp line drawn between the empirical sciences and the philosophy of nature; the former addresses the phenomenal world, the latter ontological reality, and the findings of one have very little significance for the other. ?The existential Thomist Jacques Maritain often seemed to take this view. ?Maritain thought he could intuit metaphysical principles, not by abstraction from the observed world, but directly through an ?intuition of being? that he was convinced he enjoyed (see especially A Preface to Metaphysics). ?Using this ?intuition?, things that seem logically perfectly possible (e.g. infinite space or a contingent being existing for an infinite time?c.f. his defense of the 3rd way in Approaches to God) can be judged actually impossible. ?Thus, Thomists often assert that the emergence of life, and sometimes of every new species, requires direct divine intervention, even though the observed laws of nature would seem to have no trouble accommodating such things. ?For an example of Maritain?s intuition at work, consider his treatment of general relativity in The Degrees of Knowledge. ?He considered the question of whether spacetime is really curved or if gravity simply mimics such an effect, a reasonable philosophical question. ?Maritain?s response, as I recall, is that when we imagine space, we must think of it as Euclidean, therefore space is really flat. ?What kind of an argument is this?

I am unsatisfied with this overly strict separation of philosophy of nature and science. ?It reduces science to a matter of data fitting with no connection to underlying truth. ?As Stephen Barr and I have argued, it is also false to say that science ignores formal causes. ?Emergent phenomena appear quite explicitly in solid-state physics (e.g. band structure, phonons) and thermodynamics. ?One can hardly imagine doing biology at all without invoking form and function. ?Aristotelians should be gratified that hylomorphic composition has proven inescapable even in the hard sciences. ?Since forms are in science, science can meaningfully contribute to discussions of what things are, not just how they are observed to behave. ?For example, physics at least strongly suggests that heat is random motion of constituent particles and light is an electromagnetic wave, a pattern of motion in an electric and magnetic field. ?One needn?t conclude then that light is ?really? a colorless mechanical oscillation?that is Cartesian prejudice long made obsolete by field theory. ?Electromagnetic waves obviously do have color. ?That these discoveries about heat and light, although they are empirically based, are indeed formal is attested by their certainty. ?We may possibly learn much more about the behavior of nonideal gases or the behavior of light at high energies or in nonlinear media, but it?s impossible to imagine this affecting the overall identifications with random motion and electromagnetism, just as future refinement in our understanding of human physiology can?t possibly shake our recognition of human beings as distinct biological organisms. ?The role of philosophers, then, is to identify the distinctly formal element of scientific discoveries. ?They point out when a distinct pattern has been identified, one that can be recognized and understood independently of refinements in our knowledge of the underlying matter. ?It is often said that every scientific theory is one experiment away from refutation. ?However, these nuggets of formal knowledge, obtained by scientific-philosophical cooperation, are more solid.

What of the more general principles of the philosophy of nature and metaphysics, such as the principle of causality (for the Thomist) or sufficient reason (for the followers of Leibniz)? ?Do the sciences address these at all? ?I admit that I have never experienced Maritain?s ?intuition of being?, and I am not privy to its secrets. ?I also have no way of knowing if it is anything other than his private fantasy. ?Thus, I prefer to build metaphysical principles on abstraction from the sensible world, just as Aristotle himself did. ?General principles having to do with identity and causality should be thought of as the general requirements that any understanding of nature must obey if it is to describe a coherent, intelligible universe. ?Logical consistency is one obvious such prerequisite, and hence the laws of identity and noncontradition, as the metaphysical bases of logical consistency, are seen as metaphysical truths, assumed rather than tested by science. ?However, logical consistency may not be the only prerequisite for an intelligible universe. ?Many metaphysical systems assert that some laws on the operation of causality are also needed.

Restrictions on the operation of causality are the lynchpin of any cosmological argument for the existence of God, the necessary self-subsistent Being who holds all contingent beings in existence. ?The argument must take as one of its premises some statement that contingent/finite/composite beings can?t come into existence or maintain in existence ?by themselves?. ?Why not? ?How is it logically or mathematically impossible to say, as a brute law of nature, that elephants come into existence out of nothing with a rate/probability of one per year per cubic light year? ?It isn?t. ?One could make a consistent mathematical model of a universe in which this is true. ?But would it be coherent?

In a universe where finite beings pop into existence out of metaphysical nothing at a certain rate, we must ask where this rate for each type of object comes from. ?What is it?s ontological ground? ?There are three possibilities that I can think of.

  1. The rate is grounded in some background reality into which the created being emerges. ?Then we don?t really have creation from nothing; we have creation from this background object by exercise of the potencies of this existing object.
  2. The rate is grounded in ?the laws of nature?. ?That is, these laws are regarded not as descriptions of the nature of existing objects, but as causally active entities (or their enforcer, whatever it is) in their own right. ?Physicists talking to the public about ?the laws of physics? allowing creation from nothing often sound as if this is what they believe. ?However, once we reconceptualize the laws of physics as actual beings, position 2 really becomes a version of position 1. ?In fact, it?s a version of position 1 that suggests a Platonic Demiurge, although I doubt the New Atheists realize this.
  3. The rate is grounded in the created object itself. ?Part of the nature of each object is its probability for self-creation.

Only position 3 presents a threat to the cosmological argument. ?Thus, it is sufficient for natural theology to prove that position 3 is incoherent. ?This can be argued as follows. ?Take an object A with self-creation rate p. ?Now imagine another object B whose nature is identical to the first except its self-creation rate is y*p, where y is some arbitrarily large number, large enough that the universe should momentarily fill up with Bs. ?Why doesn?t this happen? ?The only response is that the hypothetical universe is only one with As but not Bs. ?However, before they self-create, every type of object is equally non-existent. ?There is no way of saying that only certain types of objects can self-create if position 3 is true, i.e. if creation is grounded in the emerging object. ?Thus, every logically conceivable object must self-create at every rate, and an intelligible universe is impossible.

It has been objected that creation from nothing happens all the time in particle physics, in the form of particle-antiparticle pairs spontaneously popping out of the vacuum. ?This is an objection that philosophers should take very seriously. ?The phenomenon arises in several contexts. ?In the presence of strong electric or gravitational fields, real particles can be created spontaneously (in the sense that the effect is probabilistic), although the mass-energy, and hence presumably the causal agent, of the new particles comes from the background field. ?The temporary creation of virtual particles also appears in perturbation theory calculations of various scattering rates, decay rates, and correlations. ?As an aside, I think the ontological status of virtual particles is far from clear. ?One can use the same Feynman diagram methods to solve certain classical problems (e.g. the harmonic oscillator), and the virtual states that appear in the calculation are pretty obviously artifacts of the perturbation expansion. ?So in QED, one can ?correct? the noninteracting photon propagator by adding contributions from the photon temporarily splitting into an electron-positron pair. ?Does that mean photons really spend part of their time as pairs, or only that the noninteracting photon is just an approximation to the ?true? photon of the full nonlinear theory and the perturbative expansion shows us how to build the true propagator from analytically tractable simpler ones? ?In any event, even these virtual pair creations are not ?from nothing? since their diagrams always attach (eventually) to the real particles. ?In the above example, the pair comes from a photon. ?In any case, the identification of the vacuum in quantum field theory with metaphysical nothing is the most egregious misstep of all. ?The vacuum can have a nonzero energy, and it is possible that cosmologists have already measured it. ?(The so-called ?cosmological constant? or ?dark energy?). ?Indeed, the existence of a vacuum is not even a generally covariant fact, since an accelerating observer will see particles where an inertial observer sees none. ?Actually, the vacuum has a great deal of structure loaded into it via the Hilbert space we erect to describe it as one state among many and the Lagrangian or Hamiltonian to describe its evolution, which includes information about all possible particles and their energies. ?What grounds these expressions? ?Why can?t I stick energy terms from non-existent particles into the Lagrangian? ?If I do, my answers will be wrong. ?If one attaches quantum field theory to position 3, it becomes vulnerable to all of the?objections to that position. ?It therefore seems that modern particle physics, in spite of its ability to ?create? particles, must be wed to position 1 or 2. ?Position 1 seems to me more natural, given the mathematical similarity of particle physics to the theory of perturbations in solids; in the latter case it is clear that the particles are oscillations of an underlying lattice which provides the metaphysical ground for all the particles? properties. ?I repeat what I said about light: ?asserting that elementary particles are excitations of something doesn?t mean that they?re mechanical oscillations in some sort of ether.

A more serious challenge comes from quantum cosmology. ?In particular, Vilenkin and Hawking and Hartle have proposed models (based on reasonable semiclassical and mini-superspace approximations to a full quantum treatment of the metric of the universe) in which a closed spacetime manifold, representing the whole universe, apparently tunnels into being out of nothing. ?These models evade many of my above objections. ?There is no background space or field to provide the obvious ?something?. ?Since spacetime manifolds themselves are not (or needn?t be) embedded in any background space, this scenario doesn?t fit into the above disproved case of a creation rate per time per volume. ?One might assert that there is no way to identify points on different manifolds and that therefore universes can?t interact, so there is no empirical problem with saying that an infinite number of different universes?every possible one?can and do pop into being out of nothing.

Note that it is irrelevant whether any particular published scenario describes our actual universe. ?Their authors themselves regard them as simplified models, but even nothing like this ever happened, the damage to the cosmological argument would be the same, since that only depends on what is coherently possible. ?A more pertinent inquiry is whether these universe-creation models, e.g. the Hawking-Moss instanton, have been interpreted correctly. ?My impression is that discerning reality is more difficult when working with instantons than when working with the full quantum theory. ?Tunneling ?from nothing? is an obscure and problematic notion. ?Again, something along the lines of position 1 would probably be more natural: ?the spacetime metric is an excitation of some background entity, and the ?nothing? from which it emerged was that entity?s ground state. ?(?Third quantization? models of universe creation lend themselves very easily to such a reading.) ?(A position 2 interpretation could also work, and is at least rhetorically the one preferred by most cosmologists. ?To this, my points on position 2 would apply.)

However, even if I could argue that a position 1 interpretation is more natural, the causality requirement needed by the cosmological argument is still overthrown if a position 3 interpretation is still tenable. ?To genuinely prove the principle of causality, we must grant the alternative every leeway and show that it still can?t work. ?The proponents of self-creation, however, must grant their opponents the right to take the proposed self-creation principle and apply it categorically to every possibility that the principle allows and wreck as much havoc as he can. ?Is it really true that universes can?t interact? ?If the terms in the action are grounded in self-creating metrics, than I can stick anything into them that I like, even if I have to introduce arbitrary mappings between manifolds to make interactions between universes work. ?And I?ll bet I can do this in ways that make two universes interacting distinct from one bimetric universe. ?This is only the first idea that comes to my mind for how to try to wreck a cosmological model that espouses a position 3 interpretation. ?One senses the opportunity for an arms race between theist and atheist theoretical physicists. ?Probably this would not be decisive in itself, but onlooking philosophers would have their imaginations stretched, and they would have a wider sense of possibility than everyday experience provides when formulating their putatively necessary principles.

In my defense of religion, I presented something like the no-popping argument above. ?I then proposed an explanation of this principle, namely that beings for whom multiple instantiation is possible must be receiving their existence from outside. ?This allowed me to disregard possibilities such as that contingent beings have perpetually existed on existential inertia or that there is a force that suppresses self-creation in an already occupied universe (what I call the ?crowding out? possibility) without having to find a particular inconsistency in any of them. ?This has always struck me as the weakest part of my argument, because I?ve never proven that there is no rival metaphysical principle that could explain no-popping without ruling out the other atheist alternatives. ?An argument that took direct aim at a stronger alternative, the best theoretical physicists could muster, would have had a stronger effect and made the leap to metaphysical principle smaller. ?Thus, I have entitled this post part 1 of a series, hoping the implicit promise will prompt me to address this issue properly.

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Source: http://orthosphere.org/2012/12/31/something-from-nothing-i-the-relevance-of-science-to-philosophy/

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2013 Tips and Predictions ? Part Three! - Thoughtful Legal ...

? Stay frozen or face the truth
Time won?t wait for us to choose??

Lyrics, Music and Recorded by Fountain of Tears.

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This is the third and final post in the 2013 Tips and Predictions theme. It has been wonderful to read such informative and insightful thoughts from all around the globe on the future of law. Accordingly, here are the last but certainly not the least of these great ideas:

Stephanie Kimbro, MA, JD, is the Director of the North Carolina branch of Burton Law, LLC.??Prior to working with Burton Law, Stephanie operated a virtual law office for six years delivering unbundled North Carolina estate planning and small business legal services to clients online. She is the recipient of the?2009 ABA Keane Award for Excellence in eLawyering, was named an?ABA Journal?Legal Rebel in 2010 and won the?Wilmington Parent Magazine?Family Favorite Attorney Award six years in a row for her virtual law office. Stephanie has published two books,?Virtual Law Practice: How to Deliver Legal Services Online, ABA, October, 2010 and?Limited Scope Legal Services: Unbundling and theSelf-Help Client, ABA, March 2012. She is also the co-founder of?Virtual Law Office Technology, LLC?(VLOTech), which was acquired by Total Attorneys in the fall of 2009.

In addition to practicing law, Stephanie writes about the ethics and technology issues of delivering legal services online and is interested in the use of technology to increase access to justice. She has provided presentations and guest lectured for many state bars, law schools and other organizations interested in legal technology and other law practice management topics.

Kimbro a member of the ABA Standing Committee on the Delivery of Legal Services and serves on the advisory board of the?International Legal Technology Standards Organization?(ILTSO), the board of the?Legal Services National Technology Assistance Project?(NTAP), and is a member of the ABA?eLawyering Task Force, Chair of the ABA LPM?s Ethics and Professional Responsibility Task Force, a member of the North Carolina Bar Association (NCBA)?Law Practice Management?(LPM) Council, and the NCBA Tech Advisory Committee.

Stephanie has graciously provided us with a very insightful look into how technology is going to change the way that legal services are delivered, marketed and structured. ?Here are her thoughts:

  • We will continue to see the number of legal technology start-ups being introduced to the consumer legal marketplace. These companies are going to focus their efforts on consumers, but will also attempt to cultivate strong attorney networks that will provide their services with the value add of licensed legal assistance. Existing legal tech startups may be acquired by larger legal service companies or fail to obtain the funding necessary to scale to the next level. Of the technologies introduced in these platforms we will see two interesting developments that will be a little different than the typical Q&A or forum platforms typically offered to consumers. These companies are adding better matching systems using algorithms, consumer preferences, and online behavior to match the legal needs of the individual with the appropriate legal guidance/forms and potentially with the best lawyer to handle their particular legal need. We will also see the expert systems in some of these platforms increase in sophistication as they learn and improve from user feedback.
  • The focus of these companies? services will start to shift more from business law and startup legal services to more personal legal services for the average consumer. We may see companies negotiating with other non-legal social media and networking applications for access to user data which may be used to help predict or identify consumer?s legal needs as a way to target advertising for their platforms.
  • Lawyers will become more aware of the need for online marketing that extends beyond the use of social media and focuses more on brand building online using analytical tools that focus on ROI rather than just online reach. As part of this, more lawyers, especially solos and small firms, will consider joining forces with one or more of these legal startups. Navigating those networks and figuring out how to convert any leads generated from them into paying clients will be a learning process for both the lawyers and the companies looking to maintain and develop strong relationships with lawyers. As a result of the increased engagement by lawyers with consumers through these networks, there may be increased scrutiny of the potential ethical issues that might arise from these online interactions.
  • From the consumer perspective, we will continue to see the public turning to the Internet to look for personal legal services. The law suit between Legal Zoom and Rocket Lawyer may provide us with some interesting information about quality, quantity, and process of massive online delivery as well as some fun conversation over the next year.? More of the public will be aware of virtual law firms as an alternative online option, but the majority will still turn to the larger online brands of Legal Zoom and Rocket Lawyer when those can be used instead. Accordingly, lawyers with virtual law offices will learn to efficiently automate and sell basic legal documents and focus their energy on marketing their online brand and their bespoke work or niche practices to differentiate themselves online from other virtual practices and the services of the online legal service companies.
  • Even clients of larger law firms by this point have realized that their firms cannot justify the traditional high billable hour and will pressure them to use more cost-effective methods of delivery which will include an emphasis on outsourcing and the use of online management and collaborative systems. More sophisticated clients will also be questioning their firm about the use of expert systems that help not only save on costs, but that can predict potential outcomes (and therefore the effectiveness of different strategies) for the client?s matter and whether the firm employs such systems. Quantitative legal prediction as a resource for basic consumer needs or for use by solos or small firms will not be widely available in the next couple of years. However, larger law firms with sophisticated clients who can afford to invest in the technology may start the process of cumulating data that will build systems to predict legal outcomes and assist in decision making.
  • I think only a small number of law firms will still be forward thinking enough to offer forms of online dispute resolution in their practice areas. As complementary to their traditional services, rather than ODR, some firms may integrate the use of simpler online negotiation and settlement tools, such as the use of the app PictureItSettled, or online game-theoretic bargaining systems, such as those created by FairOutcomes.
  • I also predict that a slow moving and quiet revolution will start this year in the legal services community as the Legal Services Corporation (LSC) and state legal aids go through a major shift in thinking about how online and mobile delivery can increase access to justice. (The LSC is holding a second technology summit this January.) The collaboration with legal service companies, private practitioners, and law schools will result in a less fragmented picture of access in our country and push all of these parties out of their bubbles and into reevaluation of how working relationships between themselves and existing resources can be used to increase pro bono and self-help assistance. Limited scope representation handled pro bono or even low bono will become a standard introduced and accepted by most state legal aid organizations as they realize that this will encourage the increased volunteer activity of private practitioners and the donation of technology and resources from legal service companies. Years from now, this revolution and the increase in access from the innovative collaborations that result will provide empirical, results-based proof that we can use to argue for less restrictive rules on non-lawyer ownership of law firms and the removal of lawyer advertising rules that restrict innovations in delivery methods.

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Nate Russell?hails from private practice where he was a civil litigator and family lawyer. Before his legal career he worked in media, including TV and internet. Currently Nate is a legal community liaison at?Courthouse Libraries BC, where he brings his legal experience and his interest in emerging information technologies to bear on improving the programs and resources Courthouse Libraries BC offers lawyers in British Columbia.

Nate?s objective is to help fellow lawyers, especially those in small firms and solo practice, get the best out of our branches and improve their research and practice management skills, so they can best serve the public.

With Nate?s background, it is not surprising that his predictions lie in the area of continuing legal education and professional development:

  • I would like to predict, though it may be more to hope, that the same good sense that gave rise to the elimination for 2012 of the ?audience test? for CPD accredited activities like teaching and writing will continue forward.
  • For 2013, someone will propose (and it will not be strenuously or convincingly argued against) that CPD-accredited writing ought to expand beyond the rigid confines of ?law books or articles intended for publication?, to include practice-oriented blogs, and writing for PLEI websites that?may or?may not?result in ink-on-paper-bound-in-cardboard. Other criteria could replace an ?intention? ?to publish, for example criteria that a law-related web article or blog post of a minimum length must appear on a site controlled by an established provider of public legal education and information and/or information for the legal community (i.e. LSS, Justice Education Society, People?s Law School, Courthouse Libraries BC or Clicklaw).
  • The elimination of the ?audience test? has raised the ladder to let CPD out of the ivory tower, but its presence has yet to be felt fully in the streets.
  • That there is a tremendous service-mindedness among the Bar. That is beyond doubt. In a CLE-TV presentation this summer Access Pro Bono shared the statistics that in 2011 alone 600 lawyers donated over 7,000 of volunteer hours. The energy is there, and I predict that with a little enablement (by the Law Society and non-profit legal information institutions in this province), a vast and comprehensive body of online commentary could be produced sooner than we may think. Let?s check back in December 2013!

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Thomas Spraggs?holds a Bachelor of Laws and Master of Laws degrees. He articled at a personal injury firm in Alberta and continued as an associate at that firm before returning to Coquitlam, BC to lead?Spraggs & Co.?Thomas has applied innovative approaches to practice management and an progressive approach to technology to lead Spraggs & Co to become a highly respected award-winning firm. Tom is currently undertaking an MBA at the same time as leading his busy firm.

Tom is also a former competitive swimmer which would ?help explain how he manages to carry on his extensive trial practice. ?Thomas is a member of the law societies of British Columbia, Yukon and Alberta. He?s a member of the?Trial Lawyers Association of BC?and the?American Association for Justice.

Tom states that after much thought here are his 2013 predictions in regards to technology and the practice of law:

  • 2013 will be less dynamic from a technology change perspective than in previous years. Management accountants in larger firms will be challenged as to what is traditionally perceived as ?needed technology vs. desired technology.? Individually, lawyers will probably ignore the boring technology at the office and opt for cool and innovative products that access data from the cloud. Clients also expect instant access to relevant information from their lawyers outside of the office which bootstraps the cloud based computing model further. The new and highly anticipated Windows 8 tablets, in addition to the ever amazing iPad, will become a catalyst for significant increases in tablet workplace computing as productivity increases. These productivity increases are both perceived and measurable, this will likely result in the conclusion that these tools are highly effective, especially for collaboration. The management accountants realize that ?needed technology? which is usually a desktop networked over a LAN is an assumption that is worth challenging.
  • The cloud will continue to evolve as people realize that licensing software on a subscription basis is good value. Renting software that is constantly updated as it is used/needed is far more economical than the old business models. 2013 will also be the year that voice recognition is everywhere and so will awkward misspellings in emails as a result. Forgiveness of such computer generated typos?, I don?t know.
  • Mobile computing is also allowing lawyers to work in more places away from the office, which is facilitating better work/ life integration (not really balance though) and a mini hiring boom for experienced and skillful female lawyers who recognize opportunities for working with progressive firms as a result of these technologies increases. All in all, the future is mobile cloud based computing which is now trending to normalcy. Lawyers are keeping in step.

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As the writer of this blog, this is my chance to chime into the discussion. ?A little about myself. ?I am David J. Bilinsky, the Practice Management Advisor/Consultant and lawyer for the Law Society of British Columbia. I was recently named a Fellow of the National Center for Technology and Dispute Resolution (NCTDR) at the University of Massachusetts. ?I am also a Fellow and past Trustee of the College of Law Practice Management and past Editor-in-Chief of ABA?s Law Practice Magazine.

I am an adjunct professor at Simon Fraser University teaching a totally online, graduate level course in the Masters of Arts in Applied Legal Studies program.? This MA program received the 2011 Award of Excellence from the Canadian Association for University Continuing Education. I have also ?designed and will be teaching a course on legal technology for the University of Toronto Law School in 2012-13 as well as a course for the law school at the College of William and Mary in Williamsburg Virginia.

My mission in life is to empower lawyers to anticipate the changes, realize the opportunities, face the challenges and embrace the expanding possibilities of the application of practice management concepts to the practice of law in innovative ways that provide service excellence.

I am fortunate to be the founder and Chair of the Pacific Legal Technology Conference?(next conference October 2013!)??and a past Co-Chair of the American Bar Association?s TECHSHOW. ?I have a background in Mathematics and Computer Science (BSc) as well as a law degree from the University of Manitoba and an MBA from UBC.

Last year I did a Top 10 list of predictions (the success or lack there of to be determined by you the humble reader at the end of this post!).

Following that tradition, here is my Top 10 List of Predictions for 2013:

#10 Law Schools will embrace distance education as a way to expand their market and to bring in sessional lecturers that ordinarily would be cost-prohibitive:

These new lecturers will expand the traditional curriculum to offer much more practical legal training to allow newly graduates to launch into practice to overcome the difficulty in securing articling and associate positions in traditional firms.

#9 Education in Law Schools will incorporate greater MBA-related training:

This follows prediction #10 in expanding the range of courses offered by law schools to law students to better prepare them for a career of law practice by grounding them in business concepts and entrepreneurial outlooks. ?Related to this will be the explicit recognition by legal regulators that knowledge of legal practice concepts (management, technology, marketing and finance) is as integral to the practice of law as is knowledge of ?black letter law?. This was affirmed in part by the ABA in August 2012 recognizing that knowledge of technology is a facet of competent representation and revised their model rules accordingly.

#8 Non-lawyers involved in the delivery of legal services:

Ontario and BC are currently expanding the ability of paralegals to render legal services. ?I believe this will be matched in other Canadian and American jurisdictions. ?I believe other near-legal professions will call for greater powers to render legal-type services in order to match the increasing need for affordable access-to-justice (such as Notary Publics in BC).

#7 Lawyers as Leaders:

The profession will call for greater emphasis for lawyers to assume leadership roles in many facets of society ?in order to create new opportunities for law graduates and lawyers and to expand the influence that lawyers have on society (and to prevent the fleeing of lawyers from the profession).

#6 Effect on Judiciary / Court services:

Courts have been among the last institutions to be affected by the reforms created by the Internet. ?Either courts will restructure and ?incorporate the potential cost/benefit advantages offered by Online Dispute Resolution or Alternative Dispute Resolution ? or ? new tribunals will be established to take certain types of cases away from the courts and place them in new tribunals that will incorporate ODR reforms.

#5 Access to Justice:

Legal service organizations (?Legal Aid?) will be looking for ways to increase access to justice via reforms as their budgets become increasingly squeezed and the calls for them to service more clients increase. ?I would look for Legal Aid ?to move beyond ?bespoke? legal services and more of a commodity-based delivery structure.

#4 Globalization Effects will continue to be felt:

Large law firms in Canada will be chomping at the bit to join in the globalization movement that is happening across the world. ?This will place new pressures on legal regulators in Canada to loosen how lawyers are regulated in Canada to match reforms in other parts of the world.

#3 Alternative Business Structures:

In order to get around the rigidity of the Multi-disciplinary Partnership concept, there will be an increasingly-louder call for lawyers to be able to enter into looser business structures that do not call for complete lawyer control of the business entity. ?This will be due to the reforms happening in other parts of the world lapping on our shores.

#2 Greater Uniformity across Jurisdictions:

Canadian law societies will be adopting a common model code (for example, The new Code of Professional Conduct for British Columbia which comes into effect on Jan 1, 2013 and which is based on the Federation of Law Societies? Model Code of Professional Conduct). ?Globalization efforts will call for increasing uniformity across jurisdictions for laws and regulations in order to allow for ease of commerce.

#1 Technology will continue to reform Law and Legal Practice:

The relentless march of Moore?s Law and the breathtaking application of technology to all types of problems will mean that those who deliver legal services will continue to be under pressure. ?Not only must lawyers understand technology (see the ABA reforms in #2 above) but consumers of legal services understand technology ?- and will be waiting for lawyers to latch onto the advantages that are offered and reform how they render legal services as a result. ?If lawyers do not ? then there are any number of organizations (see LegalZoom supra in #2 below from 2012) that are only too willing to try to apply technology to the practice of law. ?This will result in such aspects as the unbundled practice of law, the continued emergence of the e-lawyering movement ?and the continued growth of Online Dispute Resolution. ?While the ?technological singularity? may yet be in the future, there is no denying that technology is the most disruptive force working on the legal profession at this time.

Now:

One thing about being a crystal-ball gazer, you should look back and check your accuracy! ?Accordingly, I wanted to look at Last Year?s Predictions to see what progress (if any!) was made along my (predicted) lines:

#10: Mobile/Tablets will Invade the Enterprise:

Accordingly to the 2012 LTRC (the Legal Technology Resource Center of the American Bar Association) Survey on the use of Legal Technology by lawyers, 33% of lawyers use a tablet computer (and of those, 91% are iPads).

#9: ?Regulators will Start Putting some Governing Principles around The Cloud:

The Law Society of British Columbia in 2012 released its Cloud Computing Working Group Report?and will be shortly releasing their Cloud Computing Checklist for use by lawyers and law firms considering going to the cloud.

#8: ?Web-based Collaboration with Clients will Emerge as Clients Reject Email as too Insecure:

Well I was a bit overly optimistic here. ?Again the 2012 LTRC survey found that secure portal use was up to 25% from 20%. ?A modest increase but by no means a home run. ?What was interesting is that solo/small firm adoption of secure portals accounted for most of this increase as their use of this technology grew from 1% to 11%

#7: ?Social Media Impacts will continue to be Felt in Litigation, Employment and Family Law in Particular.

Social media evidence is growing and shows no signs of abating. ?Social media evidence has become a lightening rod of sorts; in some jurisdictions, steps are being taken to limit a prospective employer?s ability to gain access to a potential employee?s private social media pages.

#6: ?Security and Privacy will Emerge as a Concern for Clients of Law Firms.

I think the fact that encryption use by law firms has grown from 23% to 33% of reporting firms according to the 2012 LTRC study shows that law firms and their clients are increasingly concerned about the security of their communications.

#5: ?Law Schools will Have to Prepare Students to actually Practice Law.

According to an August 4, 2012 article in the ABA Journal:

?Law schools have dramatically increased all aspects of skills instruction?including clinical, simulation and externships?in the wake of a 2004 change in law school accreditation standards requiring that students receive ?substantial instruction? in skills generally regarded as necessary for effective and responsible participation in the legal profession, according to the survey, conducted by the curriculum committee of the ABA Section of Legal Education and Admissions to the Bar.?

If American law schools are changing then it won?t be long before Canadian law schools follow suit.

#4: ?Self-Regulation of Lawyers will come under Increasing Scrutiny, not for Ethical Reasons but for Economic Ones.

An article published in the 80 Fordham Law Review 2761 (2011-2012) entitled ?Comparative Perspectives on Lawyer Regulation: An Agenda for Reform in the United States and Canada? by Deborah L. Rhode and Alice Woolley ?identifies the problems in American and Canadian legal regulation and proposes reform strategies based on initiatives being taken in Australia, England and Wales.

#3: ?Innovations being tried in the UK and elsewhere will be felt in North America. Lexpert reported on June 29, 2012 as follows:

[P]artners at London-based Herbert Smith LLP and the Australian firm Freehills agreed to a merger that creates Herbert Smith Freehills, the eighth-largest firm in the world, with 2,800 lawyers.

The global behemoth will be led by joint CEOs and managing partners David Willis and Gavin Bell, who in their press release alluded?to the growing importance of global firms, and the advantages of international structures.

?This merger,? said Willis ?will therefore put us in a strong position to provide clients with the single global offering they increasingly demand.?

?The merger,? said Bell, ?will give Herbert Smith Freehills the platform to become the leading global law firm across Asia Pacific, a region likely to see continued substantial growth and to become an increasingly important part of the global legal services market.

The full-equity continues to exploit reforms in the UK and Australia that allow firms to create alternative business structures (ABSs), raise equity internationally from non-lawyers and (in Australia, at least) list shares for public trading ? advancements toward legal corporatization that are prohibited in Canada and the US.

#2: ?LegalZoom and other Online Providers will emerge as a Major Competitive Threat to Main-Street Lawyers

LegalZoom.ca?is now here. ?? How much of a threat is it at the current time? ?Regarding the parent company, LegalZoom.com, according to Techcrunch.com in an article dated May 11, 2012:

LegalZoom offers documents and subscription services to make it easier for individuals and businesses to accomplish basic legal tasks. As evidence of the company?s traction and impact, the S-1 says LegalZoom has served about 2 million customers in the past 10 years. It also says that in 2011, those customers placed 490,000 orders on the site, and during that period, more than 20 percent of limited liability companies formed in California did so through LegalZoom.

The company?s revenue has been growing steadily, if not dramatically, in the past couple of years ? it was $156 million in 2011, up from $121 million in 2010 and $103 million in 2009. LegalZoom also became profitable for the first time last year, with $12.1 million in net income.

So it appears that as far as being a major competitive threat in Canada, that is not (yet) true. ?But I am hedging my bets on this one.

#1: ?ODR and other Alternative Dispute Resolution Methods will be Embraced by Cash-Strapped Governments

The Ministry of Justice in British Columbia announced the Civil Resolution Tribunal Act that subsequently received Royal Assent on May 31, 2012.

According to the news release from the BC Government:

?[T]he Civil Resolution Tribunal Act will create an independent tribunal offering 24/7 online dispute resolution tools to families and small business owners as a speedy and cost-effective alternative to going to court. The tribunal would address disputes by providing parties with information that may prevent disputes from growing and resolve disputes by consent or, where necessary, by an independent tribunal hearing.?Resolving a dispute through the tribunal is expected to take about 60 days, compared to 12 to 18 months for small claims court.

Giving families alternatives to seeking solutions in court is among the B.C. government?s justice reform initiatives to achieve efficiencies and deal with growing resource pressures. The February 2012 Green Paper, Modernizing British Columbia?s Justice System, identified tribunals as a simple and less expensive solution to easing delays in the court system.

?

So there you have it?the tips and predictions for 2013 from thought leaders all over the globe. ?There is one certainty ? as lawyers either we stay frozen or face the truth -?Time won?t wait for us to choose.

This entry was posted on Monday, December 31st, 2012 at 4:00 am and is filed under Adding Value, Business Development, Change Management, Firm Governance, humour, I'm a Mac, Issues facing Law Firms, Law Firm Strategy, Leadership and Strategic Planning, personal focus and renewal, Technology, Tips, Trends. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Source: http://thoughtfullaw.com/2012/12/31/2013-tips-and-predictions-part-three/

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Four Benefits of ISO 9001 To Web Hosting Companies

trust-iso9001

ISO 9001 is a recognized industry standard for the quality management of business procedures. It applies to all processes, offers product control solutions and better management regulation for any business organization, and it can be especially helpful to datacentres and their customers


Even so, it is expensive to implement, but once in place can help the data center save money in other operational costs. Virtual Internet can attest to the operational efficiencies and competitive "edge" it has gained by attaining both ISO 9001 and 27001 certification.? The following are four benefits ISO 9001 offers to any datacentre or Cloud based storage business.

?1 - Customer Trust

ISO 9001 inspires trust in your business customers an accredited certification offers proof of customer commitment. It demonstrates the data center's willingness to continually find new ways of improving their services. Once in place, orders are met consistently, issues resolved immediately and services are offered on-time and to the correct customer specifications. ISO 9001 demonstrates efficient quality management that complies with the most rigorous of external audits made by the ISO 9001 certification team.

?2 ? Cost Savings

An organization that implements ISO 9001 saves money as operations are streamlined. Every cost of every department is analyzed, creating more efficient productivity that costs less, and these savings can often be passed on to customers.

?3 ? Addresses Security Issues

ISO 9001 stresses quality assurance, and an aspect of this is security issues. Data centers complying to these standards also comply with ISO 27001 which ensures that:

  • Threats to the business are managed, assessed and managed on a continual basis.
  • Physical security is stressed within the physical environment, requiring name and restricted access to work areas.
  • ?CCTV security monitoring and planning are continually enforced.

?4 - The Bottom Line: Efficiency & Effectiveness

Data centers with ISO 9001 compliance offer more efficient security options and efficiencies business clients need. Customers are more confident in trusting their crucial data to a datacentre that has undergone the stringent requirements of ISO 9001. Additionally, a business that undergoes the expense and the time commitment involved will continually improve services to meet their ISO9001 compliance. The only disadvantage to using an ISO compliant data center is that these require the reliance on the documentation of all procedures, decisions and implementations, including any special procedure requested by a client.


?Further Reading

Source: http://www.vi.net/blog/2012/12/four-benefits-of-iso-9001-for-web-hosting-companies/

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Breaking: Hillary Clinton Hospitalized After Blood Clot Discovered (Little green footballs)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Politics - Top Stories Stories, RSS Feeds and Widgets via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/273969385?client_source=feed&format=rss

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NHL, union likely to return to table Monday

FILE - This Aug. 14, 2012, file photo shows NHL commissioner Gary Bettman, left, and Bill Daly, deputy commissioner and chief legal officer, following collective bargaining talks in Toronto. The NHL is set to get back to the bargaining table Sunday, Dec. 30, 2012, with the locked-out players? association after a new contract offer from the league broke the ice between the fighting sides. "We delivered to the union a new, comprehensive proposal for a successor CBA," NHL deputy commissioner Bill Daly said in a statement Friday, Dec. 28. "We are not prepared to discuss the details of our proposal at this time." (AP Photo/The Canadian Press, Chris Young, File)

FILE - This Aug. 14, 2012, file photo shows NHL commissioner Gary Bettman, left, and Bill Daly, deputy commissioner and chief legal officer, following collective bargaining talks in Toronto. The NHL is set to get back to the bargaining table Sunday, Dec. 30, 2012, with the locked-out players? association after a new contract offer from the league broke the ice between the fighting sides. "We delivered to the union a new, comprehensive proposal for a successor CBA," NHL deputy commissioner Bill Daly said in a statement Friday, Dec. 28. "We are not prepared to discuss the details of our proposal at this time." (AP Photo/The Canadian Press, Chris Young, File)

FILE - In this Dec. 6, 2012, file photo, NHL Commissioner Gary Bettman, right, and deputy commissioner Bill Daly speak to reporters in New York. The NHL made a new proposal to the players' association, hoping to spark talks to end the long lockout and save the hockey season. Daly said Friday, Dec. 28, 2012, the league made its offer Thursday and was waiting for a response. (AP Photo/Mary Altaffer, File)

(AP) ? The NHL and the players' association are ready to get back to the bargaining table.

There were no formal negotiations Sunday, but all signs pointed to talks on Monday in an effort to end the lockout and save the season.

"There will be no further face-to-face meetings today," the union said in a statement Sunday. "The plan is for the sides to meet tomorrow."

Those would be the first negotiations since the sides met with a federal mediator Dec. 13.

The league and the union had informational discussions ? by conference call and in meetings ? with staff members that lasted much of Saturday and concluded Sunday. Those talks were spurred by the nearly 300-page contract proposal the NHL presented to the union Thursday.

All games through Jan. 14 have been canceled, claiming more than 50 percent of the original schedule. The NHL wants to reach a deal by Jan. 11 and open the season Jan. 19, with a 48-game schedule.

Bargaining sessions with only the NHL and union haven't been held since Dec. 6, when talks abruptly ended after the players' association made a counterproposal to the league's previous offer. The league said that offer was contingent on the union accepting three elements unconditionally and without further bargaining.

The NHL then pulled all existing offers off the table. Two days of sessions with mediators the following week ended without progress.

A person familiar with key points of the offer told The Associated Press that the league proposed raising the limit of individual free-agent contracts to six years from five ? seven years if a team re-signs its own player; raising the salary variance from one year to another to 10 percent, up from 5 percent; and one compliance buyout for the 2013-14 season that wouldn't count toward a team's salary cap but would be included in the overall players' share of income.

The person spoke on condition of anonymity because details of the new offer weren't being discussed publicly.

The NHL maintained the deferred payment amount of $300 million it offered in its previous proposal, an increase from an earlier offer of $211 million. The initial $300 million offer was pulled after negotiations broke off this month.

The latest proposal is for 10 years, running through the 2021-22 season, with both sides having the right to opt out after eight years.

If this offer doesn't quickly lead to a new collective bargaining agreement, the next round of cuts could claim the entire schedule.

The NHL is the only North American professional sports league to cancel a season because of a labor dispute, losing the 2004-05 campaign to a lockout. A 48-game season was played in 1995 after a lockout stretched into January.

It is still possible this dispute could eventually be settled in the courts if the sides can't reach a deal on their own.

The NHL filed a class-action suit this month in U.S. District Court in New York in an effort to show its lockout is legal. In a separate move, the league filed an unfair labor practice charge with the National Labor Relations Board, contending bad-faith bargaining by the union.

Those moves were made because the players' association took steps toward potentially filing a "disclaimer of interest," which would dissolve the union and make it a trade association. That would allow players to file antitrust lawsuits against the NHL.

Union members voted overwhelmingly to give their board the power to file the disclaimer by Wednesday. If that deadline passes, another authorization vote could be held to approve a later filing.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-12-30-HKN-NHL-Labor/id-2b13a6debac8486196af60e9d8e14c13

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Swift Christina likely to impress in Coral, Bring It On! Maidens | bettor ...

Swift Christina likely to impress in Coral, Bring It On! Maidens

Swift Christina is likely to catch her opponents by surprise in the Coral, Bring It On! Maidens at Romford in England on Friday, December 28, 2012. She has never appeared in a Grade OR event before, thus it will be a big challenge for her to finish on top of the table in the end.

However, she has got a lot of talent and will not make life easy for her rivals. All of the contestants are in a similar position, as they have not succeeded in this class before and it will be a challenge for them to do a good job for their respective teams.

Due to this, the competition is going to be an interesting one and the spectators will be eagerly looking forward to it. They will have to wait for some time though, as the action will kick off at 19:46 GMT.

Both the speed and stamina will be crucial, as the overall distance to cover is 400 metres. It will be important for the contestants to gain some momentum in the opening phases of the race, as that will allow them to pressurise their opponents.

Some of the greyhounds might not try to be overly attacking at the start, as they will look to be aggressive towards the final few metres. The winner of the race will be awarded a cash prize of ?150 in the end.

Wajas Trump has managed to get the attention of the bookmakers, as he has appeared in a few Grade OR contests. His performances in them were not much impressive, but he will still look to bring in his experience at Romford.

The best e could ever manage in this class was a runner up place once, which shows that he has the ability to be strong at this level. His confidence level will be good and a clean run will help him claim the Coral, Bring It On! Maidens.

On the other hand, Swift Christina has been running in lower classes since making her debut in the sport. She has been delivering some fine performances for her team and her trainer, K. Taylor, will be expecting her to carry that rhythm into today?s race as well.

Disclaimer: The views expressed in this article are solely of the writer?s and do not reflect bettor.com?s official editorial policy.

Source: http://blogs.bettor.com/Swift-Christina-likely-to-impress-in-Coral,-Bring-It-On-Maidens-a211571

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What are some good in home cardio exercises? | The Healthy Living ...

Can?t run because my shoes were torn apart (dogs) and I have no equipment like a treadmill or a stationary bike. I need a workout that burns calories effectively.
I?m not trying to lose a great amount of weight (I?m not fat). I?m running cross country and track and field next year again. I?m also trying to burn some fat on top of my abs.

Get some new shoes man?.but until then, check out youtube for various fitness workouts you can do at home?also, there are tons of aerobic workouts on VHS and DVD for home use?the Insanity workout (a Beachbody product) is about the most intense aerobic/cardio workout I?ve ever done?the warm-ups alone left me dripping with sweat?.seriously?

Leave a Comment

Source: http://utvsneo.org/home-fitness-equipment/what-are-some-good-in-home-cardio-exercises

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ROOFING CALCULATOR app for Android & iPhone - Home ...

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Download for iPhone / iPad: itunes.apple.com Download for Android: play.google.com Roofing Calculator ? www.roofingcalculator.org ? Roofing Calculator app is made for roofing contractors and sales people to help you quickly estimate roofing cost, roof size, and roofing materials amount and?

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Source: http://www.cohocton.org/176-roofing-calculator-app-for-android-iphone-estimate-any-roof-and-sell-more-jobs

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Strange behavior: New study exposes living cells to synthetic protein

Dec. 27, 2012 ? One approach to understanding components in living organisms is to attempt to create them artificially, using principles of chemistry, engineering and genetics. A suite of powerful techniques -- collectively referred to as synthetic biology -- have been used to produce self-replicating molecules, artificial pathways in living systems and organisms bearing synthetic genomes.

In a new twist, John Chaput, a researcher at Arizona State University's Biodesign Institute and colleagues at the Department of Pharmacology, Midwestern University, Glendale, AZ have fabricated an artificial protein in the laboratory and examined the surprising ways living cells respond to it.

"If you take a protein that was created in a test tube and put it inside a cell, does it still function," Chaput asks. "Does the cell recognize it? Does the cell just chew it up and spit it out?" This unexplored area represents a new domain for synthetic biology and may ultimately lead to the development of novel therapeutic agents.

The research results, reported in the advanced online edition of the journal ACS Chemical Biology, describe a peculiar set of adaptations exhibited by Escherichia coli bacterial cells exposed to a synthetic protein, dubbed DX. Inside the cell, DX proteins bind with molecules of ATP, the energy source required by all biological entities.

"ATP is the energy currency of life," Chaput says. The phosphodiester bonds of ATP contain the energy necessary to drive reactions in living systems, giving up their stored energy when these bonds are chemically cleaved. The depletion of available intracellular ATP by DX binding disrupts normal metabolic activity in the cells, preventing them from dividing, (though they continue to grow).

After exposure to DX, the normally spherical E. coli bacteria develop into elongated filaments. Within the filamentous bacteria, dense intracellular lipid structures act to partition the cell at regular intervals along its length. These unusual structures, which the authors call endoliposomes, are an unprecedented phenomenon in such cells.

"Somewhere along the line of this filamentation, other processes begin to happen that we haven't fully understood at the genetic level, but we can see the results phenotypically," Chaput says. "These dense lipid structures are forming at very regular regions along the filamented cell and it looks like it could be a defense mechanism, allowing the cell to compartmentalize itself." This peculiar adaptation has never been observed in bacterial cells and appears unique for a single-celled organism.

Producing a synthetic protein like DX, which can mimic the elaborate folding characteristics of naturally occurring proteins and bind with a key metabolite like ATP is no easy task. As Chaput explains, a clever strategy known as mRNA display was used to produce, fine-tune and amplify synthetic proteins capable of binding ATP with high affinity and specificity, much as a naturally occurring ATP-binding protein would.

First, large libraries of random sequence peptides are formed from the four nucleic acids making up DNA, with each strand measuring around 80 nucleotides in length. These sequences are then transcribed into RNA with the help of an enzyme -- RNA polymerase. If a natural ribosome is then introduced, it attaches to the strand and reads the random sequence RNA as though it was a naturally-occurring RNA, generating a synthetic protein as it migrates along the strand. In this way, synthetic proteins based on random RNA sequences can be generated.

Exposing the batch of synthetic proteins to the target molecule and extracting those that bind can then select for ATP-binding proteins. But as Chaput explains, there's a problem: "The big question is how do you recover that genetic information? You can't reverse transcribe a protein back into DNA. You can't PCR amplify a protein. So we have to do all these molecular biology tricks."

The main trick involves an earlier step in the process. A molecular linker is chemically attached to the RNA templates, such that each RNA strand forms a bond with its newly translated protein. The mRNA-protein hybrids are exposed to selection targets (like ATP) over consecutive rounds of increasing stringency. After each round of selection, those library members that remain bound to the target are reverse-transcribed into cDNA (using their conveniently attached RNA messages), and then PCR amplified.

In the current study, E. coli cells exposed to DX transitioned into a filamentous form, which can occur naturally when such cells are subject to conditions of stress. The cells display low metabolic activity and limited cell division, presumably owing to their ATP-starved condition.

The study also examined the ability of E. coli to recover following DX exposure. The cells were found to enter a quiescent state known as viable but non-culturable (VBNC), meaning that they survived ATP sequestration and returned to their non-filamentous state after 48 hours, but lost their reproductive capacity. Further, this condition was difficult to reverse and seems to involve a fundamental reprogramming of the cell.

In an additional response to DX, the filamentous cells form previously undocumented structures, which the authors refer to as endoliposomes. These dense lipid concentrations, spanning the full width of the filamented E. coli, segment the cells into distinct compartments, giving the cells a stringbean-like appearance under the microscope.

The authors speculate that this adaptation may be an effort to maintain homeostasis in regions of the filamentous cell, which have essentially been walled off from the intrusion of ATP-depleting DX. They liken endoliposomes to the series of water-tight compartments found in submarines which are used to isolate damaged sections of the ship and speculate that DX-exposed cells are partitioning their genetic information into regions where it can be safely quarantined. Such self-compartmentalization is known to occur in some eukaryotic cells, but has not been previously observed in prokaryotes like E. coli.

The research indicates that there is still a great deal to learn about bacterial behavior and the repertoire of responses available when such cells encounter novel situations, such as an unfamiliar, synthetic protein. The study also notes that many infectious agents rely on a dormant state, (similar to the VBNC condition observed in the DX-exposed E. coli), to elude detection by antibiotics. A better understanding of the mechanisms driving this behavior could provide a new approach to targeting such pathogens.

The relative safety of E. coli as a model organism for study may provide a fruitful tool for more in-depth investigation of VBNC states in pathogenic organisms. Further, given ATP's central importance for living organisms, its suppression may provide another avenue for combating disease. One example would be an engineered bacteriophage capable of delivering DX genes to pathogenic organisms.

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Story Source:

The above story is reprinted from materials provided by Arizona State University. The original article was written by Richard Harth.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Shaleen B. Korch, Joshua M. Stomel, Megan A. Le?n, Matt A. Hamada, Christine R. Stevenson, Brent W. Simpson, Sunil K. Gujulla, John C. Chaput. ATP Sequestration by a Synthetic ATP-Binding Protein Leads to Novel Phenotypic Changes inEscherichia coli. ACS Chemical Biology, 2012; : 121203123002005 DOI: 10.1021/cb3004786

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/matter_energy/biochemistry/~3/HOgFMtBFq6s/121227143001.htm

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Gen. Norman Schwarzkopf Was a Soldier's General

Yahoo News asked veterans for their thoughts and appreciations of Gen. Norman Schwarzkopf, who died Thursday at 78.

COMMENTARY | It was truly sad to see the announcement of the passing of Norman Schwarzkopf. As a military retiree and a Vietnam veteran, I believe I could understand, empathize and cheer on the general when he lead the forces that liberated Kuwait from the savage Iraqi occupation in 1990.

The contrast between the military campaigns in the Vietnam and Iraq wars is striking, as the former put severe constraints on the military commanders and was orchestrated by Robert McNamara and his so-called civilian "Whiz Kids" back in the comfortable offices in Washington, D.C., while the latter gave Schwarzkopf a great deal of latitude for his planning and execution of his strategy. And history has written it was a brilliant, successful one at that.

Having been in the Air Force for 35 years, I've had a front-row seat to various styles of military leadership, with my insight being honed as time went on and I rose through the ranks. To quote a former commander of mine, "I know what good looks like." General Schwarzkopf was not only good, he was great.

One thing I do know is that the general wasn't a "perfumed prince." He didn't rise rapidly through the officer ranks by being a "yes" man, by keeping his thoughts to himself for fear of offending a superior and certainly not by subscribing to the ever-increasing political correctness in the military.

Yes, he was prone to thunderous outbursts at times, and even had his moments of emotional crisis during his calls with Gen. Colin Powell from his bunker. But that's what made him a military diamond in the rough. While other generals were polished, people discovered more facets of Schwarzkopf: his superb leadership with the troops and officers and his unflagging patriotism while in uniform and later in retirement.

RIP, Sir...

Source: http://news.yahoo.com/gen-norman-schwarzkopf-soldiers-general-164800070.html

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Self Improvement Times: Time Management Tips - 3 Essential Time ...

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I want to be a Franchisee: Step 2?Qualification | GreatClipsFranchise

Thinking about becoming a franchisee? Excited about the opportunities out there but overwhelmed by all the information? We?re here to help: The Franchisee Blog is presenting a series of informational posts about how franchising works. In the coming months, we?ll share valuable information from Great Clips franchise professionals and other franchising experts.

Tyler_MarketingOnce you?ve decided which franchise business you?re interested in, the franchisor will start the qualifying process?figuring out if you have the right qualifications to be a franchisee with their organization. Each franchisor has its own process. At Great Clips, the process starts by talking with a Lead Qualifier.

The Lead Qualifier?s role is to answer some initial questions and to ask questions. At Great Clips, we look for what we call the ?ideal owner?: a hands-on leader who is, above all, a people person, who is looking for a manager-run business, and who is willing to take direction as well as give it. Franchise businesses use a time-tested system, and the most successful franchisees are those who follow that system. Those people who are more entrepreneurial and want to do things their own way may not be the best fit for most franchise companies.

The Lead Qualifier will also determine whether the prospective franchisee lives in an open market and if they meet our financial qualifications. (Visit our Great Clips Franchise website for more information.)

If the Lead Qualifier determines that a prospect fulfills these preliminary qualifications, the prospect is asked to fill out a confidential application, providing more details about their finances and background.

After verifying this confidential application information, the prospect is referred to a Franchise Development Manager who acts as a sort of tour guide, helping Great Clips prospective franchisees navigate through the learning process. They cover everything from staffing and training, how to make money in a franchise, how to manage their haircare business without being in the salon every day, marketing and real estate support, as well as other general aspects of the business.

The process formally begins when franchise candidates receive the Great Clips Franchise Disclosure Document (FDD). This required legal document clearly outlines obligations of the franchisee and franchisor, and provides information about Great Clips and its business model to help potential franchisees evaluate it as a business option.

MORE: How to Read a Franchise Disclosure Document

After candidates review the FDD and decide to proceed with the investigation process, they go through the Prospective Franchisee Learning Center (PFLC). The PFLC provides more information and assigns ?homework? designed to help the candidate? prepare for a series of information calls that the Franchise Development Manager schedules with each of them. The calls allow candidates to ?hear? from the Great Clips subject matter experts who cover everything from people development to growing your customer base to real estate.

The investigation process also requires that candidates talk with at least three franchisees to make sure that they hear first-hand about the business, its challenges and its rewards.

Butch Gladden, a Franchise Development Manager with Great Clips, uses the analogy of a jigsaw puzzle to describe the process: ?I give candidates all the different pieces of the puzzle they need to look at to evaluate the business and whether it?s right for them. Once they put the puzzle together, if they like the picture, they join us. If they don?t, they move on.?

?This due-diligence process is designed not only to make sure that Great Clips is right for the candidate, but also to make sure the candidate is right for Great Clips,? explains Butch.

?As we go through this process, we get to know the candidates pretty well. This can take anywhere from four weeks to six months, and we?re talking with candidates often during this time. We get a feel for who they are and whether they?re willing to follow a system because our due-diligence process really is a system. We want to make sure they do their homework, do what they say they?re going to do. And it?s an opportunity for the candidate to see if we can really deliver on what we say we will do for them?they validate the opportunity.?

There have been times when Butch has had to tell candidates he didn?t think Great Clips was the right business model for them. One example was when a candidate treated people rudely. ?This is a people business,? says Butch. ?If you?re not good with people, this is not the business for you. That?s okay.?

?I try to be straightforward and honest. I want people to make the right decision for themselves and their families,? says Butch. ?At the end of the process, if they see we?re a good fit for them, and we see that they?re a good fit for us, the Legal team sends them the franchise agreement and they become partners with us,? says Butch.

MORE: Qualifying Candidates?Matching Your Brand?s Culture and the Best Prospect

At that point, Butch?s official responsibility for the franchisee ends. But his relationship with the people he?s helped put into business doesn?t end. ?I?m not obligated to stay in touch once they become a franchisee, but I do,? says Butch. ?In a lot of cases, these people have become my friends. I really care about their success. I call them up to see how they?re doing, I congratulate them when they hit sales records and I love catching up with them in person at our annual convention.?

Next in the series: Real Estate?How to find the best location for your first store

Rob Goggins

SVP of Real Estate & Development - Rob joined Great Clips in July 2007 as Vice President of Franchise Development. Prior to Great Clips, Rob was Vice President of Franchise Development for Service Brands International. In that position, Rob helped grow franchise sales for all four of the Service Brands franchise concepts.

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Source: http://greatclipsfranchise.com/blog/2012/12/i-want-to-be-a-franchisee-step-2-qualification/

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Our Google Play Gift Card giveaway continues today!

Android Central Stocking StuffersOh, my. So ... full. Can't ... hardly ... type. But the giving must go on. We're marching toward the final round of our month-long (ish) Google Play Gift Card giveaway, in which we're giving 31 lucky winners $10 to spend on Android apps, movies, music, magazines or TV shows from Google Play.

Oh, and by the way -- all 31 winners (one for each day in December) will be entered to win a shiny new Nexus 4, still in its box, sitting here on our desk. (In case you had any concern for our ability to snag what remains an unsnaggable device.)

So ... for today's entries: Leave a comment on this post and tell us the top Android-related feature you're hoping for in 2013. One entry per person, yadda yadda yadda.

Good luck!



Source: http://feedproxy.google.com/~r/androidcentral/~3/88iQhotTlQU/story01.htm

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Russian parliament approves ban on American adoptions

An employee at the Social Security Administration?s Baltimore office has been formally reprimanded for ?conduct unbecoming of a federal employee,? specifically for disrupting co-workers ?by passing gas and releasing an unpleasant odor.? According to the letter, issued in December and obtained by the Smoking Gun...

Source: http://news.yahoo.com/russian-parliament-approves-ban-american-adoptions-105350779.html

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Your Legal Rights If Your Flight Is Cancelled ? CBS Philly

By Amy E. Feldman

PHILADELPHIA (CBS) ? What are your legal rights if your flight is cancelled?

Hurricane Sandy, dubbed Frankenstorm, caused the cancellation of about 10,000 flights across the US.

Nothing is more frustrating than a cancelled flight on your way to a vacation in paradise. Well, maybe a zombie invasion. But you probably need a force more powerful than a lawyer for that one. As for your legal rights if the flight gets cancelled though, you?d be better off fighting a zombie. Because if you get bumped off a flight because of an airline overbooking error, you may receive cash compensation or a voucher for free travel and will be rebooked on a different flight. But there?s no federal law that protects passengers in the event of what?s called a force majeure event which is an event like bad weather that?s out of the airline?s control.

Your recourse depends on your airline and what they?ve put in your contract for the ticket. Many airlines say that they will attempt to rebook you on a different flight, even on another airline, but they don?t guaranty it and while some will put you up in a hotel, most don?t pay for your extra stay because of flight cancellation so you?ll be left to find your own hotel room or sleep on the floor of the airport and you really will look and feel like a zombie when you finally arrive.

Source: http://philadelphia.cbslocal.com/2012/12/25/your-legal-rights-if-your-flight-is-cancelled/

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