text:
Present Assignment of Future Invention Rights: Some Heretical Thoughts on the Stanford Case*
By Eric Guttag
In my earlier article addressing the Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., I suggested the Federal Circuit "still doesn't get it" on how title to "subject inventions" works under Bayh-Dole. See CAFC Continues to Struggle with How Title to Subject Inventions Works under Bayh-Dole. My original view was that the title to the "subject inventions" (i.e., those resulting from federally sponsored research) initially resided with the organization (e.g., Stanford University) which carried out the sponsored research. I now confess that I, like Stanford University, overstated how Bayh-Dole works with regard to title to "subject inventions." In affirming the Federal Circuit, a majority of the Supreme Court (6 Justices) later ruled that Bayh-Dole "does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions." See head notes to the Supreme Court's slip opinion.
But having discussed in the patent "blogosphere" what the Supreme Court's decision in the Stanford case says and actually holds, I (like Stanford University) am not alone in "overstatements." One of the critical issues in the Stanford case that is glossed over (or at least not addressed directly) by the Supreme Court majority (as well as others in the patent "blogosphere") is what happens when you have a present assignment (or at least a contractual obligation to assign) of invention rights that don't exist at the time of the assignment (aka "future invention rights"). Should (as the Federal Circuit held) Roche (or more appropriately its predecessor, Cetus) by using the language "I will assign and do hereby assign" (aka the "Cetus Assignment Clause") trump what may have been an earlier obligation by a Stanford University researcher (Mark Holodniy) to assign invention rights to Stanford University (aka the "Stanford University Assignment Obligation")? I would argue, as did Justice Sotomayor's concurring opinion and Justice Breyer's dissenting opinion (joined by Justice Ginsburg) that a "yes" answer to that question defies logic, reason, and prior case precedent (other than the Federal Circuit's 1991 case of FilmTec Corp. v. Allied Signal, Inc. whose logic, reasoning, and adherence to prior case precedent was challenged by both Justice Sotomayor's concurring opinion, as well as Justice Breyer's dissenting opinion).
What plagues the Supreme Court's decision in the Stanford case (and which Justice Breyer aptly notes in his dissenting opinion) is what, exactly, is the correct factual record? In particular: (1) in what chronological order did the Stanford University Assignment Obligation and the Cetus Assignment Clause occur?; (2) when did Stanford University get the federal funding for the research that Holodniy allegedly did for them, versus when were Holodniy's research activities carried out at Cetus after he signed Cetus' "Visitor's Confidentiality Agreement" ("VCA") with the Cetus Assignment Clause?; and (3) relative to the invention rights at issue, how much were those rights based on Stanford University's federally funded research, versus how much were based on the research activities carried out at Cetus? The factual record discussed in the Supreme Court's opinion, as well as the prior Federal Circuit opinion, is complex and muddled, or at least not very clear on these three points. I, like Justices Sotomayor and Breye r/ Ginsburg, also suggest that knowing the exact factual record relative to these three points is crucial in resolving (or at least addressing) the question of what happens when there are multiple assignments (or obligations to assign) future invention rights, such as the Stanford University Assignment Obligation and the Cetus Assignment Clause. (A fourth and crucial point not addressed by even Justice Sotomayor's concurring opinion, as well as Justice Breyer's dissenting opinion, is whether Holodniy had the authority or at least blessing of Stanford University to sign Cetus' VCA containing the Cetus Assignment Clause.)
As best, all that this factual record from the Supreme Court / Federal Circuit decisions (and mainly from the Federal Circuit decision) tells us is the following: (a) the patented technology involved methods for quantifying the Human Immunodeficiency Virus ("HIV") by using polymerase chain reaction ("PCR") to measure ribonucleic acid ("RNA") from HIV in the blood plasma of infected humans who are taking drugs such as zidovudine (AZT) (hereafter referred to as the "HIV RNA assay invention") and that Holodniy was one of the inventors listed on the patents for this HIV RNA assay invention; (b) the HIV RNA assay invention was developed in the late 1980s and early 1990s by researchers at Stanford University and Cetus; (c) Holodniy joined Stanford University in 1988; (d) Holodniy signed the agreement containing the Stanford University Assignment Obligation at a time not clearly specified but which may appears to be as early as 1988 when he joined Stanford University; (e) in February 1989, Holodniy began regular visits to Cetus over several months to learn PCR and to develop a PCR-based assay for HIV and signed Cetus's VCA containing the Cetus Assignment Clause; (f) in December 1991, Roche purchased Cetus' PCR business, including Cetus' agreements with Stanford University; (g) after this purchase, Roche began manufacturing HIV detection kits employing RNA assays; (h) in May 1992, Stanford filed the patent application for the HIV RNA assay invention which resulted in the patents on which Holodniy was listed as an inventor; (i) Stanford University received government funding for its HIV research through the National Institutes of Health ("NIH"); on June 24, 1992, Stanford filed an invention disclosure for the HIV RNA assay with the NIH; and (j) on April 6, 1995, Stanford formally notified the Government that it elected to retain title under the Bayh-Dole Act to the HIV RNA assay invention described in the invention disclosure.
With this complex / muddled / unclear factual record before it, 6 Justices of the Supreme Court agreed in Stanford that Bayh-Dole doesn't automatically cause a transfer of invention rights that might be based on federally funded research to the contractor / grantor (e.g., Stanford University); even those rights must be assigned (be it by written assignment, agreement to assign, or some "operation of law" other than Bayh-Dole) by the inventor / researcher to the contractor/grantor. But what those 6 Justices didn't address in Stanford (despite what some in the patent blogosphere might believe) is the validity of the Federal Circuit's ruling in FilmTec that the "do hereby assign" language in the Cetus Assignment Clause "effected a present assignment of Holodniy's to Cetus," and which was the basis for the Federal Circuit holding in the Stanford case that title to the HIV RNA assay invention belonged ultimately to Roche. And no amount of "silence" on the part of those 6 Justices as the impact of this "do hereby assign" issue can necessarily be construed as an "affirmation" that the Federal Circuit "got it right" in FilmTec, as Justices Sotomayor and Breyer both clearly pointed out. (Sotomayor concurred with those 6 Justices solely on the basis that Stanford University, in essence, "waived" that issue.)
Even in dissent, Justice Breyer (who I will admit is one of my least favorite Justices, especially when it comes to interpreting patent law issues) said he would "likely agree" with the 6 Justices that Bayh-Dole doesn't cause an automatic transfer of invention rights to the federal contractor/grantee. But I do give him significant credit in recognizing that Bayh-Dole does evidence a "scheme," or as he calls it, "a hierarchy," for how ownership of invention/patent rights is (or should be) allocated for federally funded research: (1) first, to the funded organization; (2) next, to the federal government; and (3) last, to the employee/researcher. In other word, Bayh-Dole provides a "pecking order" for who gets the first claim to ownership of those rights, similar to a "right of first refusal" in a license agreement. (This was the same or similar position advanced by the U.S. Solicitor General in their amicus brief with regard to the "comprehensive framework" of Bayh-Dole "for disposition of rights in federally funded inventions.") In fact, Justice Breyer's dissent goes even further in saying "I cannot so easily accept the majority's conclusion-that the individual inventor can lawfully assign an invention (produced by public funds) to a third party, thereby taking that invention out from under the Bayh-Dole Act's restrictions, conditions, and allocation rules."
While this more "radical" view by Justice Breyer was obviously and expressly rejected by the 6 Justices, his further views as to the "substantive" effect of the Stanford University Assignment Obligation, versus the Cetus Assignment Clause, were not expressly rejected. These further views were directed at the Federal Circuit holding that the Cetus Assignment Clause trumped the Stanford University Assignment Obligation because of the Federal Circuit's FilmTec holding that the phrase "do hereby assign" "made all the difference." And I completely agree with Justice Breyer's statement that "[g]iven what seem only slight linguistic differences in the contractual language, this reasoning seems to make too much of too little." (Or as I would phrase it, we're "exalting form completely over substance.") Breyer further observed that, at the time Holodniy executed his agreement to assign in 1988 (before the FilmTec case), "patent law appears to have long specified that a present assignment of future inventions (as in both [Clauses] here) conveyed equitable, but not legal, title" (citing Curtis' A Treatise on the Law of Patents, as well as a Comment in the Yale Law Journal). As Breyer saw it, the Cetus Assignment Clause, as well as the Stanford University Assignment Obligation, "would give rise only to equitable interests" in the HIV RNA assay invention. And "as two claims in equity," because the Stanford University Assignment Obligation came chronologically before the Cetus Assignment Clause, and because Stanford University had subsequently obtained an assignment of the HIV RNA assay invention from Holodniy after it existed, that "should have meant that Stanford [University], not Cetus, would receive the [invention] rights." (It's not exactly clear from Justice Breyer's dissent whether he was postulating this statement based on the Stanford University Assignment Obligation being "factually" first in time, or "theoretically" first in time, relative to the Cetus Assignment Clause).
Justice Breyer also characterized the Federal Circuit holding in FilmTec as "adopting the new rule" such that "Cetus must win." He also noted that the Federal Circuit "provided no explanation for what seems a significant change in the law" in FilmTec, and also "did [not] give any explanation for that change" in the Stanford case. Instead, Justice Breyer saw the Federal Circuit's FilmTec rule as "undercut[ting] the objectives of Bayh-Dole" and "remain[ing] a technical drafting trap for the unwary" (views with which I also completely agree).
I would further add that the Federal Circuit's "formalistic" FilmTec rule (as applied by them in the Stanford case) in allocating invention rights between competing ownership claims (one of which is by a university subject to Bayh-Dole obligations) is also inconsistent with (or at least potentially frustrates) other provisions of Bayh-Dole. That's not a new view by me, but one previously expressed in my earlier article cited above, in particular with respect to frustrating what is obviously intended by 35 USC § 202(c)(7). 35 USC § 202(c)(7) expressly prohibits a nonprofit organization, like Stanford University, from assigning rights in federally sponsored research to third parties (like Cetus or Roche) without approval of the respective federal agency. But the "formalistic" FilmTec rule now "opens the door" to "sham" transfers of invention rights in federally funded research by universities to entities which are otherwise prohibited by 35 USC § 202(c)(7) without prior federal agency approval.
Some will say that such a "sham" transfer may be challenged by affected third parties. But I suggest that such "sham" transfers likely cannot be challenged by third parties, even if the federal agency later discovers the "sham" transfer, but chooses to do nothing about it. Why do I say that? Because the Federal Circuit's 2007 decision in Central Admixture Pharmacy Services, Inc. v. Advanced Cardiac Solutions, P.C. basically says that, when the provisions of Bayh-Dole are violated, only the appropriate federal agency involved (in its complete discretion) may challenge such violations. Put differently, if the appropriate federal agency chooses not to challenge such a "sham" transfer, I don't see how even an affected third party can do so in view of the holding in Central Admixture.
Besides 35 USC § 202(c)(7), what the "formalistic" FilmTec rule (as applied by the Federal Circuit in the Stanford case) also potentially undermines is the funding federal agency's stake in any invention rights created by that federally funded researched. In particular, under 35 USC § 202(c)(4), if the contractor/grantor elects to take title to invention rights created by federally funded researched, the federal agency gets (at minimum) "a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States any subject invention throughout the world." But under application of the "formalistic" FilmTec rule according to the Federal Circuit in the Stanford case, even when the contractor/grantor does get an obligation to assign those invention rights to itself (as it must do to "elect to take title" under Bayh-Dole), the federal agency's potential "nonexclusive license" in those rights is now squarely in jeopardy.
Admittedly, the factual situation in the Stanford case of competing claims to ownership in invention rights where one of the competing parties (like the Stanford University) is basing that claim on federally funded research may not be typical and may be somewhat unusual. After all, Bayh-Dole has existed for over 30 years and only one other instance (noted in my article cited above) like the Stanford case has occurred. But the mere possibility of the application of the "formalistic" FilmTec rule is causing some extreme "angst" among many universities who have existing contractual clauses (or policies) which create (similar to the Stanford University Assignment), at most, a present obligation to assign future invention rights. And contrary to what others have said, think or believe, the question of the continuing validity of the "formalistic" FilmTec rule remains open for challenge before the Supreme Court. The Supreme Court has yet to squarely rule on whether the Federal Circuit "got it right" in FilmTec.
*© 2011 Eric W. Guttag
Eric Guttag
Mr. Guttag has over 38 years of corporate and private intellectual property law experience on patent, trademark, copyright, trade secret and unfair competition matters, computer and Internet law, including patent application drafting, prosecution, and patentability studies; infringement and validity studies; international patent prosecution; patent and know-how licensing; consulting, confidentiality, clinical study and research agreements; trademark searches and opinions; trademark registration and prosecution; trademark freedom-to-use studies and trademark litigation and dispute resolution.
Tags:assign, assignment, Authors, Bayh-Dole, CAFC, Federal Circuit, filmtec, HIV-AIDS, invention rights, justice breyer, justice ginsburg, justice sotomayor, ownership of invention rights, Patent Litigation, patent ownership, pcr, rna, roche, roche molecular systems, stanford, stanford university, stanford v. roche, US Supreme Court
Posted In:Federal Circuit, IP News, IPWatchdog Articles, Licensing, US Supreme Court
Michael F. Martin July 14, 2011 1:29 pm
"The inventor of a new and useful improvement certainly has no exclusive right to it, until he obtains a patent. This right is created by the patent, and no suit can be maintained by the inventor against any one for using it before the patent is issued. But the discoverer of a new and useful improvement is vested by law with an inchoate right to its exclusive use, which he may perfect and make absolute by proceeding in the manner which the law requires. Fitzgerald possessed this inchoate right at the time of the assignment. The discovery had been made, and the specification prepared to obtain a patent. And it appears by the language of the assignment, that it was intended to operate upon the perfect legal title which Fitzgerald then had a lawful right to obtain, as well as upon the imperfect and inchoate interest which he actually possessed. The assignment requests that the patent may issue to the assignee. And there would seem to be no sound reason for defeating the intention of the parties by restraining the assignment to the latter interest, and compelling them to execute another transfer, unless the act of Congress makes it necessary. The court think it does not. The act of 1836 declares that every patent shall be assignable in law, and that the assignment must be in writing, and recorded within the time specified. But the thing to be assigned is not the mere parchment on which the grant is written. It is the monopoly which the grant confers: the right of property which it creates. And when the party has acquired an inchoate right to it, and the power to make that right perfect and absolute at his pleasure, the assignment of his whole interest, whether executed before or after the patent issued, is equally within the provisions of the act of Congress."
Gayler v. Wilder, 51 US 477 – Supreme Court 1851
http://scholar.google.com/scholar_case?case=11656454593615338047
According to my reading of the concurring and dissenting opinions in Roche, the underlying issue was choice of law — the potential conflict between state and federal law, in particular. I don't think there is any real question about whether an inchoate assignment of patent rights is valid.
Anon July 15, 2011 8:31 am
Watch your conflation of "a present assignment" with "a contractual obligation to assign."
You are treating the two as if they are the same.
They are not.
You did this at least three times in your arguments, and each time you do so, you weaken the point you are trying to make. Verb tense does matter and has, as Justice Breyer may wish otheriwse, a real and substantial meaning. Knowing (and using) such terms are why we are paid handsomely.
As to any alleged "technical drafting trap for the unwary," that is a specious argument given the number of times this issue has surfaced in the past thirty years.
The basic bottom line here is that Stanford drafted and executed a poorly written agreement and must live with the consequences. This is neither a shocking nor inequitable result, and having to live with the consequences of poorly drafted contracts happens all of the time.
Paul F. Morgan July 15, 2011 9:58 am
The Jan./Feb. 2011 ABA IPL "LANDSLIDE" magazine starting on p.24 has an extensive legal research article on inconsistencies and conflicts in Fed. Cir. cases with basic Sup. Ct. principles on the [normal, unless Federally essential] utilization of state law versus "federal common law". Board of Trustees of the Leland Stanford Jr. University v. Roche Molecular Systems, Inc., 583 F.3d 832, 841 (Fed. Cir. 2009) is cited. However, this article was apparently written before cert was taken by the Sup. Ct. in that case.
Then we additionally had another relevant Fed. Cir. decision on this issue:
"Judge O'Malley Dissents From Denial of En Banc Rehearing in Case Involving Patent Assignment Agreement — Abraxis Bioscience, Inc. v. Navinta LLC 2009-1539 — On March 14 the Federal Circuit denied Abraxis's petition for a rehearing en banc by vote of 8 to 2. Judge O'Malley, joined by Judge Newman, filed a 19-page dissenting opinion, arguing that the 3-judge panel created federal common law to govern assignments of existing patents. She said the decision was in conflict with Supreme Court precedent restricting judicial preemption of state law. According to O'Malley, the panel ignored New York state law when interpreting the contract. The panel decision, issued November 9, 2010, ruled that a contract to assign existing patents was insufficient to give standing to sue. O'Malley said the panel imposed burdens on parties seeking to transfer patent rights." [IPO NEWS 3/15/11]
Amazingly, I found that the above Fed. Cir. Abraxis decision mentions, once, their prior Stanford case, but without noting that the Supreme Court had taken cert on it! [Footnote 3 of the dissent does note the above "LANDSIDE" article.]
EG July 15, 2011 10:03 am
You're entitled your opinion as I'm entitled to mine. But your view that these two terms are different rests on the premise that the holding by the Federal Circuit in FilmTec (as well as Stanford) will remain valid. That's still in doubt if SCOTUS ever gets ahold of a case with the same/similar situation as in Stanford.
And Breyer's argument that the Federal Circuit holding in FlimTec essentially exalts form absurdly over substance isn't "specious" in my opinion (which I'm again entitled to). To say that you can effect an immediate legal transfer/assign of rights (as opposed to an equitable obligation to transfer/assign as Breyer suggests) rights that don't presently exist is in my bizarre. Again, you're entitled to your opinion but so am I to mine.
Of course Stanford could have drafted their agreement with Holodniy to use Cetus' "do hereby assign" language and could certainly do so now in future agreements (that still leaves all those existing agreements of Stanford and others to consider). But in my opinion, Roche was simply "lucky" that this phrase in a "boilerplate" assignment clause in what was essentially a "boilerplate" confidentialty agreement (which was signed by someone who it isn't clear from the factual record had authority or approval from Stanford to sign) won the day for them. Given that SCOTUS doesn't give the Federal Circuit view much credence when it involves more than patent law, I would be reluctant to ever put all my eggs in the FilmTec basket.
Thanks for bringing up the "conflict" and "inconsistencies' in Federal Circuit decisions that treat certain state law issues (e.g., contracts and assignments) as being governed by "federal common law" when patents are involved, as well as O'Malley's/Newman's dissent from the denial of rehearing en banc in the Abraxis case. This goes right to my point about the Federal Circuit's FilmTec ruling on the effect of the phrase "do hereby assign" being on very shaky ground, especially if SCOTUS ever gets ahold of a Federal Circuit decision which is based on this FilmTec ruling.
Anon July 15, 2011 8:06 pm
Actually, you are quite incorrect in making the assumption that my "view that these two terms are different rests on the premise that the holding by the Federal Circuit in FilmTec (as well as Stanford) will remain valid".
My view on these terms being different are because they quite lliterally are different.
It really is as simple as that. Pull back your horses and take this a step at a time.
EG July 18, 2011 9:11 am
I did pull back my horses as you suggested. Go read the FilmTec case at: http://law.justia.com/cases/federal/appellate-courts/F2/939/1568/31886/ . There's more there than meets the eye, including those that wrote the Stanford decision for the Federal Circuit.
Anon July 18, 2011 11:56 am
EG,
I took your advice and re-read the FilmTec case (noting too the proper distinction given to a present assignment there).
I am not sure what point you are trying to make. My reading of explicit contract terms still does nto depend on the FilmTec case to understand that a real distinction exists between an obligation or agreement to assign and an assignment in the present tense (the importance of "apt words" is known to be critical in contracts).
To me, this is basic contract stuff, no matter how much Justice Breyer would llike to hand waive it away. By all means you are wlecome to maintain your opinion, but to do so without a bais in law just seems foolish to me.
I hear you and thanks for your comments. The point I was trying to make is that the Federal Circuit in the Stanford case puts quite a bit of gloss on the ruling in FilmTec. There's quite a bit more in the factual situation in FilmTec (which is pretty complex and often hard to follow from how it's described by Judge Plager who wrote the opinion) than you would think there was for how "matter of fact" it's treated in Stanford.by Judge Linn's opinion.
As far as being "foolish," let me just say that it isn't just Breyer who see's issues with the FilmTec ruling (or how it's treated by the Federal Circuit in Stanford); there's also Justice Ginsburg (who joined his dissenting opinion), as well as Justice Sotomayor (in her concurring opinion); the other 6 Justices simply didn't address this issue. We'll just have to see how this plays out if another Stanford situation comes along (which is rare, so the odds aren't great). And I'll also agree with you that using the "do hereby assign" language in future gives you more comfort here.
"And I'll also agree with you that using the "do hereby assign" language in future gives you more comfort here."
Thanks Eric, but I am not looking for "more comfort."
We are lawyers. We use words to impart specific meaning. To ignore the difference between an agreement to agree, as it were, and an actual present assignment – or even worse to pretend that such is not important as Breyer does, belittles the actual "art" of using apt words that is our profession.
Yes, FilmTec does contain a convoluted fact pattern, with multiple trips up and down the court chain. But the point of language under discussion between us it not convoluted at all. I maintain that this point of difference that I am discussing with you is very straight forward. If you maintain the opinion that the language does not matter, you are doing a disservice to your clients. Your comfort with this should be on your mind – not your concern with my comfort.


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Trump vs Biden: Policies countering terrorism and violent extremism
Anne Speckhard and Molly Ellenberg
As published in TRENDS Research:
As Joe Biden prepares to take charge of a new administration in the United States, his terrorism-related policies are under scrutiny. It is also worth examining how they compare to Donald Trump's response to international and domestic terrorism and how the next four years might look in this sphere.
The Islamic State of Iraq and Syria [ISIS] remains a primary concern for policymakers. However, Trump viewed its territorial defeat[1] in early 2019 and the killing of Abu Bakr al Baghdadi[2] later that year as a complete victory against ISIS.[3]
Trump's failure to grasp the extent of ISIS's influence and the nuance of its strategy has led to devastating consequences. He ordered the withdrawal of troops from Northeast Syria, which was seen by many as a betrayal of its Kurdish allies,[4] paving the way for a Turkish incursion into the region. Consequently, the SDF was pulled away from fighting ISIS and their posts guarding ISIS prisoners to fight Turkey.[5] Moreover, Turkish attacks near the prisons and camps where the SDF held ISIS men and women allowed for several escapes.[6]
Notably, ISIS began building its fighting force in Iraq in 2012 and 2013 through a series of prison breaks in a campaign called "Breaking the Walls."[7] The Trump administration pulled troops from Africa,[8] where ISIS continues to gain ground and supporters.[9] This move dramatically weakens the African countries' ability and other international allies to fight terrorism effectively.
Beyond his tactical decisions, President Trump's rhetoric[10] has also been a boon to ISIS and militants in general. His attacks on Muslim Americans, his ban on travelers entering the US from Muslim- majority countries,[11] and his efforts to drastically reduce the number of refugees[12] allowed in the country contribute to the violent extremist narrative that the West is at war against Islam.
Furthermore, his vocal support for torture[13] and increased use of Guantanamo Bay[14] for detaining terror suspects degrade America's moral high ground, allowing terrorists to claim that no atrocities they commit are different from the actions of the holier-than-thou United States.
It is worth noting that President Trump was endorsed by Kayla Mueller's parents,[15] whose daughter was held captive, tortured, and eventually killed by ISIS. Their endorsement was a boon for Trump, who claimed that he would have rescued Kayla. In another counter-terrorism success, Trump also secured the extradition of two of the "Beatles,"[16] British men who have since had their citizenships stripped, to be tried in the United States for allegedly torturing American hostages in Syria.
This move is said to be hypocritical as both Trump and Vice President Mike Pence had criticized the Obama administration[17] for trying terrorists in a US criminal court rather than in military courts.
In contrast to President Trump, Vice President Biden advocated keeping small special operations forces on the ground in Syria[18] and elsewhere and using airstrikes to fight ISIS and other terrorist groups. This decision highlights Biden's priorities of decreasing military activities when they are not needed while still supporting allies on the ground. Biden strongly criticized Turkey's incursion into Syria and called President Trump's betrayal of the Kurds "shameful."[19] He also favors the closing of Guantanamo Bay and reaffirms President Obama's ban on torture.[20]
ISIS is not the only terror-related concern in the coming years. Iran is a major sponsor of terrorism worldwide, and its nuclear stockpile is a source of concern for many in the national security arena. In 2018, President Trump withdrew the United States from the Joint Comprehensive Plan of Action [JCPOA] – the "Iran deal."[21] While the deal was criticized by many, including Israel,[22] as not going far enough to curb Iran's nefarious activities, the failure to make a new deal has allowed Iran to build up its nuclear stockpile.
In a similar trend of apparently rash counter-terrorism decisions, the strike to kill Qassem Soleimani[23] also drew ire for "lack of evidence" that the assassination was in response to an imminent and known attack. Soleimani was undoubtedly responsible for many deaths, but the killing went against American policy and led to Iran's counterstrike that resulted in the US forces in Iraq suffering from traumatic brain injuries, which President Trump referred to as "headaches." [24]
Meanwhile, Biden has pledged to rejoin the JCPOA[25] if Iran returns to compliance. He criticized the strike on Soleimani,[26] calling it an escalation without a practical plan in place. That is not to say that he did not recognize Soleimani's lethal impact. He thought Soleimani should have been brought to justice legally.
Tackling the Brotherhood
The Muslim Brotherhood is also an essential aspect of terrorism-related policies. The Trump administration has sought to designate the Brotherhood as a foreign terrorist organization. Given this push, it is not surprising that President Trump sees the Muslim Brotherhood as a monolith.[27] While the party linked to the group in Yemen is believed to be supported by Iran, the Muslim Brotherhood has active political affiliations in Kuwait, Iraq, Morocco, and Indonesia, where they have often supported US policies.
Like Obama, Biden views the Muslim Brotherhood through a more nuanced lens even though he is less likely than Obama to be painted negatively as a strong supporter of the group. A Biden administration would also be likely to support democratic processes in the Middle East, including elections in which the Muslim Brotherhood may garner significant votes, parliamentary seats, and government positions.
A possible Biden administration would also look different from the Trump administration on the Israel-Palestine conflict.[28] While some ideologues might argue that President Trump has been a strong ally to Israel by moving the US embassy to Jerusalem and supporting continued settlements, security experts recognize that such actions have enraged the Palestinians and decreased hope for eventual peace or a two-state solution.
Support for continued settlements has also undermined Israel's current peace and cooperation with Jordan and Egypt. Moreover, Trump's decision to cut humanitarian aid to the Palestinians has increased feelings of oppression and hopelessness, which, along with the embassy move and settlements, provide fodder to be exploited by terrorist groups hoping to recruit Palestinian youth.
The Abraham Accords[29] signed between Israel, Bahrain, and United Arab Emirates brokered by President Trump was also hailed as a major step forward. The West Bank's annexation was paused due to the Accords, even though it was not taken off the table completely. Normalized relations between Israel and Sudan are also unlikely to contribute to lasting peace.
Biden has been a staunch Israel-supporter for a long time and is unlikely to make any moves that could jeopardize its security, such as imposing sanctions. Biden has affirmed his support for a two-state solution and has said that he does not intend to move the US embassy back to Tel Aviv from Jerusalem but has also voiced his opposition to continued settlements and annexation.
Furthermore, Biden has called for more humanitarian aid to the Palestinians while simultaneously calling on Palestinian leaders to "stop the glorification of violence." He also maintains that the Boycott, Divestment, and Sanctions movement "veers into anti-Semitism."
Nuanced views
Trump's positions on terrorism and counter-terrorism have primarily been less nuanced and contrast with Biden's more diplomatic and intellectual approach. However, there is one area of counter-terrorism where the two differ ideologically – domestic terrorism.[30] In agreement with the FBI and Department of Homeland Security, Biden recognizes the increasing threat of violent far-right extremism,[31] namely white supremacism and white nationalism.
In contrast, President Trump repeatedly dodged opportunities to condemn these groups, calling neo-Nazis "very fine people" and telling the "proud boys" in the wake of what was indeed a close election to "stand back and stand by."[32] Then, in the last days of his presidency, President Trump was charged by the US House of Representatives for inciting insurrection in the Capitol Hill riots and impeached.
In this area of ever-growing importance in the counter-terrorism sphere, a Biden administration would surely take the threat more seriously in terms of devoting funds to investigating and prosecuting crimes committed by violent far-right extremists. Debates about whether the United States could even designate a domestic terrorist group aside, a Biden justice department would be more effective in countering this type of violent extremism.
This would be a sharp contrast to the Trump justice department, which has almost exclusively focused on militant jihadism and painting non-lethal left-wing movements like Antifa as terrorist groups while whipping up white supremacist violent extremist groups.[33]
Reference for this article: Speckhard, Anne and Ellenberg, Molly (January 20, 2021). Trump vs Biden: Policies countering terrorism and violent extremism. TRENDS Research
Anne Speckhard, Ph.D., is Director of the International Center for the Study of Violent Extremism (ICSVE) and serves as an Adjunct Associate Professor of Psychiatry at Georgetown University School of Medicine. She has interviewed over 700 terrorists, their family members and supporters in various parts of the world including in Western Europe, the Balkans, Central Asia, the Former Soviet Union and the Middle East. In the past five years years, she has interviewed 258 ISIS defectors, returnees and prisoners as well as 16 al Shabaab cadres and their family members (n=25) as well as ideologues (n=2), studying their trajectories into and out of terrorism, their experiences inside ISIS (and al Shabaab), as well as developing the Breaking the ISIS Brand Counter Narrative Project materials from these interviews which includes over 200 short counter narrative videos of terrorists denouncing their groups as un-Islamic, corrupt and brutal which have been used in over 150 Facebook and Instagram campaigns globally. She has also been training key stakeholders in law enforcement, intelligence, educators, and other countering violent extremism professionals, both locally and internationally, on the psychology of terrorism, the use of counter-narrative messaging materials produced by ICSVE as well as studying the use of children as violent actors by groups such as ISIS. Dr. Speckhard has given consultations and police trainings to U.S., German, UK, Dutch, Austrian, Swiss, Belgian, Danish, Iraqi, Jordanian and Thai national police and security officials, among others, as well as trainings to elite hostage negotiation teams. She also consults to foreign governments on issues of terrorist prevention and interventions and repatriation and rehabilitation of ISIS foreign fighters, wives and children. In 2007, she was responsible for designing the psychological and Islamic challenge aspects of the Detainee Rehabilitation Program in Iraq to be applied to 20,000 + detainees and 800 juveniles. She is a sought after counterterrorism expert and has consulted to NATO, OSCE, the EU Commission and EU Parliament, European and other foreign governments and to the U.S. Senate & House, Departments of State, Defense, Justice, Homeland Security, Health & Human Services, CIA, and FBI and appeared on CNN, BBC, NPR, Fox News, MSNBC, CTV, CBC and in Time, The New York Times, The Washington Post, London Times and many other publications. She regularly writes a column for Homeland Security Today and speaks and publishes on the topics of the psychology of radicalization and terrorism and is the author of several books, including Talking to Terrorists, Bride of ISIS, Undercover Jihadi and ISIS Defectors: Inside Stories of the Terrorist Caliphate. Her publications are found here: https://georgetown.academia.edu/AnneSpeckhardWebsite: and on the ICSVE website http://www.icsve.org
Follow @AnneSpeckhard
Molly Ellenberg, M.A. is a research fellow at ICSVE. Molly is a doctoral student at the University of Maryland. She holds an M.A. in Forensic Psychology from The George Washington University and a B.S. in Psychology with a Specialization in Clinical Psychology from UC San Diego. At ICSVE, she is working on coding and analyzing the data from ICSVE's qualitative research interviews of ISIS and al Shabaab terrorists, running Facebook campaigns to disrupt ISIS's and al Shabaab's online and face-to-face recruitment, and developing and giving trainings for use with the Breaking the ISIS Brand Counter Narrative Project videos. Molly has presented original research at the International Summit on Violence, Abuse, and Trauma and UC San Diego Research Conferences. Her research has also been published in the Journal of Child and Adolescent Trauma, the Journal of Strategic Security, the Journal of Human Security, and the International Studies Journal. Her previous research experiences include positions at Stanford University, UC San Diego, and the National Consortium for the Study of Terrorism and Responses to Terrorism at the University of Maryland.
[1] Trump hails fall of Islamic State 'caliphate' in Syria, March 23, 2019, BBC News: https://www.bbc.com/news/world-middle-east-47682160
[2] President Trump: 'Abu Bakr al-Baghdadi is dead', October 27, 2019, BBC News: https://www.bbc.com/news/av/world-50200383
[3] Danielle Paquette, Souad Mekhennet and Joby Warrick, ISIS attacks surge in Africa even as Trump boasts of a '100-percent' defeated caliphate, October 19, 2020, The Washington Post, https://www.washingtonpost.com/national-security/islamic-state-attacks-surging-africa/2020/10/18/2e16140e-1079-11eb-8a35-237ef1eb2ef7_story.html
[4] "Fake News" and the Trump Betrayal of our Kurdish Allies, October 10, 2019, International Center for the Study of Violent Extremism, https://www.icsve.org/fake-news-and-the-trump-betrayal-of-our-kurdish-allies/
[5] Who are the Real Terrorists in North East Syria? October 13, 2019, International Center for the Study of Violent Extremism, https://www.icsve.org/who-are-the-real-terrorists-in-north-east-syria/
[6] Miriam Berger, Here's what we know about the ISIS prisons controlled by the Syrian Kurds, October 14, 2019, The Washington Post: https://www.washingtonpost.com/world/2019/10/12/inside-isis-prisons-controlled-by-syrian-kurds/
[7] Bennett Clifford, Caleb Weiss, "Breaking the Walls" Goes Global: The Evolving Threat of Jihadi Prison Assaults and Riots, Combating Terrorism Center, February 2020: https://ctc.usma.edu/breaking-walls-goes-global-evolving-threat-jihadi-prison-assaults-riots/
[8] This is exactly the wrong moment to pull US troops out of Africa, The Washington Post, March 1, 2020, https://www.washingtonpost.com/opinions/global-opinions/this-is-exactly-the-wrong-moment-to-pull-us-troops-out-of-africa/2020/03/01/01f203b2-5a5b-11ea-9b35-def5a027d470_story.html
[9] Raineri, Luca, "Explaining the Rise of Jihadism in Africa: The Crucial Case of the Islamic State of the Greater Sahara." Terrorism and Political Violence (2020): 1-15.
[10] Brian Klaas, A short history of President Trump's anti-Muslim bigotry, March 15, 2019, The Washington Post: https://www.washingtonpost.com/opinions/2019/03/15/short-history-president-trumps-anti-muslim-bigotry/
[11] Timeline of the Muslim Ban, ACLU Washington, https://www.aclu-wa.org/pages/timeline-muslim-ban
[12] Zolan Kanno-Youngs and Michael D. Shear, Trump Virtually Cuts Off Refugees as He Unleashes a Tirade on Immigrants, October 1, 2020, The Washington Post: https://www.nytimes.com/2020/10/01/us/politics/trump-refugees.html
[13] James Masters, Donald Trump says torture 'absolutely works' — but does it? CNN: https://edition.cnn.com/2017/01/26/politics/donald-trump-torture-waterboarding/index.html
[14] David Welna, Trump Has Vowed to Fill Guantanamo With 'Some Bad Dudes' — But Who? NPR: https://www.npr.org/sections/parallels/2016/11/14/502007304/trump-has-vowed-to-fill-guantanamo-with-some-bad-dudes-but-who
[15] Caitlin McFall, Parents of slain humanitarian worker Kayla Mueller rip Obama administration, back Trump in RNC remarks, Fox News, August 27, 2020: https://www.foxnews.com/politics/parents-of-humanitarian-worker-kayla-mueller-support-trump-because-of-his-passion
[16] Adam Goldman and Charlie Savage, Islamic State 'Beatles' Jailers Are Charged in Abuse of Murdered Hostages, The New York Times, October 7, 2020: https://www.nytimes.com/2020/10/07/us/politics/beatles-islamic-state.html
[17] Mike Levine, At debate, Pence said Trump team bringing 'justice' to ISIS guards. Under Obama, he called such moves 'naive, dangerous,' ABC News, October 8, 2020: https://abcnews.go.com/US/debate-pence-trump-team-bringing-justice-isis-guards/story?id=73499457
[18] Kimberly Dozier, Biden Wants to Keep Special Ops in the Mideast. That Doesn't Mean More 'Forever Wars,' His Adviser Says, Time magazine, September 23, 2020, https://time.com/5890577/biden-middle-east-special-operations-forces/
[19] Tom McCarthy, Biden warns Isis fighters will strike US over Syria withdrawal, The Guardian, October 16, 2019: https://www.theguardian.com/us-news/2019/oct/15/biden-isis-syria-attack-trump-withdrawal-warning
[20] Carol Rosenberg, Biden Still Wants to Close Guantánamo Prison, The New York Times, June 27, 2020: https://www.nytimes.com/2020/06/27/us/politics/biden-guantanamo-prison.html
[21] Mark Landler, Trump Abandons Iran Nuclear Deal He Long Scorned, The New York Times, May 8, 2018: https://www.nytimes.com/2018/05/08/world/middleeast/trump-iran-nuclear-deal.html
[22] Barak Ravid, Netanyahu Tells Obama Iran Deal Threatens Israel's Security, Haaretz, April 10, 2018: https://www.haaretz.com/netanyahu-to-obama-nuke-deal-threatens-israel-1.5304883
[23] Anne Speckhard, PERSPECTIVE: What Are the Legal and Moral Issues and Repercussions of the US Assassination of Soleimani? Homeland Security Today, January 6, 2020: https://www.hstoday.us/subject-matter-areas/counterterrorism/perspective-what-are-the-legal-and-moral-issues-and-repercussions-of-the-u-s-assassination-of-soleimani/
[24] Veronica Stracqualursi, Trump downplays service members' concussion injuries from Iranian attack: 'I heard they had headaches,' CNN, February 10, 2020: https://edition.cnn.com/2020/01/22/politics/trump-us-service-members-traumatic-brain-injuries/index.html
[25] The Presidential Candidates on the Iran Nuclear Deal, Council on Foreign Relations, July 30, 2019: https://www.cfr.org/article/presidential-candidates-iran-nuclear-deal
[26] Anna Kaplan, Joe Biden on Killing of Qassem Soleimani: 'Trump Tossed a Stick of Dynamite Into a Tinderbox,' The Daily Beast, January 3, 2020, https://www.thedailybeast.com/joe-biden-says-trump-tossed-a-stick-of-dynamite-into-a-tinderbox-with-killing-of-qassem-soleimani
[27] David D. Kirkpatrick, Trump Considers Them Terrorists, but Some Are Allies, The New York Times, May 10, 2019: https://www.nytimes.com/2019/05/10/world/middleeast/trump-muslim-brotherhood.html
[28] President-Elect Biden on Foreign Policy, Council on Foreign Relations, November 7, 2020: https://www.cfr.org/election2020/candidate-tracker
[29] Michael J. Koplow, The End of the Arab-Israel Conflict, Israel Policy Forum, September 17, 2020: https://israelpolicyforum.org/2020/09/17/the-end-of-the-arab-israeli-conflict/
[30] Faiza Patel, Biden's Plan to Roll Back Discriminatory Counter-terrorism Policies, Brennan Center for Justice, September 30, 2020: https://www.brennancenter.org/our-work/analysis-opinion/bidens-plan-roll-back-discriminatory-counterterrorism-policies
[31] Betsy Woodruff Swan, DHS draft document: White supremacists are greatest terror threat, Politico magazine, April 9, 2020: https://www.politico.com/news/2020/09/04/white-supremacists-terror-threat-dhs-409236
[32] Paul P. Murphy, Trump's debate callout bolsters far-right Proud Boys, October 1, 2020: https://edition.cnn.com/2020/09/30/politics/proud-boys-trump-debate-trnd/index.html
[33] Anne Speckhard and Molly Ellenberg, PERSPECTIVE: Why Branding Antifa a Terror Group Is a Diversion, Homeland Security Today, June 2, 2020: https://www.hstoday.us/subject-matter-areas/counterterrorism/perspective-why-branding-antifa-a-terror-group-is-a-diversion/
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redpajama_set_name: RedPajamaCommonCrawl


text:
Anthropos je slovenska znanstvena revija za področji psihologije in filozofije, ki jo izdajata Slovensko filozofsko društvo ter Društvo psihologov Slovenije.

Zunanje povezave

 http://www2.arnes.si/~anthropos/index.html
http://www.anthropos.si/
http://www.dlib.si/details/URN:NBN:SI:spr-M08HR0HT

Slovenske znanstvene revije
Ustanovitve leta 1969

redpajama_set_name: RedPajamaWikipedia


text:
Beauchamp Hall
By Danielle Steel
Read by Dan John Miller
Danielle Steel Recorded Books, Inc. 9780399179297
1 Format: Library CD
Publisher: Recorded Books, Inc.
Winona Farmington once dreamed of graduating from college, moving to New York City, and pursuing a career in publishing. Then real life got in the way when she left college and returned to her small Michigan hometown to care for her sick mother. Years later, stuck in a dead-end job and an unsatisfying relationship, Winnie has concluded that dreams were meant for others. She consoles herself with binge-watching the British television series that she loves, Beauchamp Hall, enthralled by the sumptuous period drama set on a great Norfolk estate in the 1920s. The rich upstairs-downstairs world brilliantly brought to life by superb actors is the ultimate in escapism. On the day Winnie is passed over for a long-overdue promotion, she is also betrayed by her boyfriend and her best friend. Heartbroken, she makes the first impulsive decision of her conventional life-which changes everything. She packs her bags and flies to England to see the town where Beauchamp Hall is filmed. The quaint B & B where she stays feels like home. The brother and sister who live in the castle where the show is filmed, rich in titles but poor in cash, are more like long-lost friends than British nobility. And the show itself, with its colorful company and behind-the-scenes affairs, is a drama all its own. Winnie's world comes alive on the set of the show. What happens next is the stuff of dreams, as Winnie takes the boldest leap of all. Beauchamp Hallreminds us to follow our dreams. . . . You never know what magic will happen!
Author Bio: Danielle Steel
Danielle Steel has been hailed as one of the world's most popular authors, with almost a billion copies of her novels sold. Her many international bestsellers include Child's Play, The Dark Side, Lost and Found, Blessing in Disguise, Silent Night, Turning Point, and other highly acclaimed novels. She is also the author of His Bright Light, the story of her son Nick Traina's life and death; A Gift of Hope, a memoir of her work with the homeless; Pure Joy, about the dogs she and her family have loved; and the children's books Pretty Minnie in Paris and Pretty Minnie in Hollywood.
Format: Library CD
Available Formats : Library CD


text:
Thumbnails 6/20/14
by Matt Fagerholm
"Master Class": The New Yorker's Larissa MacFarquhar reports the soul-crushing news revealed by Stephen Sondheim that Disney has decided to destroy his flawless musical, "Into the Woods," for the big-screen, deleting songs and altering key plot points in order to make the film more family-friendly.
"'Into the Woods,' a concoction of fairy tales even more twisted than the originals, is being made into a Disney movie, and the transition from its louche Broadway version has not been without obstacles. 'You will find in the movie that Rapunzel does not get killed, and the prince does not sleep with the baker's wife,' he said. The teachers gasped, but Sondheim shrugged. 'You know, if I were a Disney executive I would probably say the same thing,' he said. A teacher asked what would happen to the song 'Any Moment' if the baker's wife remained chaste. 'Don't say the song is cut.' 'The song is cut.' The teachers cried out in despair."
"OK Go's 'Writing on the Wall' Music Video Continues to Revive the Medium": Caroline Pate of Bustle.com spotlights and provides a link to the extraordinarily inventive video.
"The band is involved in their videos from start to finish, and uses the opportunity to make a visual spectacle that always prioritizes wonder over shock value. They make audiences ask questions about just how they do it. And their newest video continues to live up to the band's reputation. Their video for 'The Writing's on the Wall' is all about the art of perspective, influenced by artists like Felice Varini and Dan Tobin-Smith. It uses bright colors and different perspectives to trick the eye into thinking that things are not what they seem. And like all good music videos, it's an interpretation of the song itself, an ode to a doomed relationship where two people keep seeing things in different ways."
"Cinemadoosti: film folklore in Iran": BFI's Ehsan Khoshbakht provides an in-depth analysis of how Iranian filmmakers have continued to reinvent cinema under "the sign of repression."
"When extremists began burning down cinemas during the revolution, and most film images connected with the West were treated as suspicious, cinephilia inevitably went underground. Cinemadoosti was considered a mode of political and artistic resistance, through cinematic disobedience. For a short time, previously banned Soviet silents and other leftist political dramas were screened owing to their revolutionary sentiments. But the post-revolutionary government soon drew up guidelines for an accepted Islamic cinema: conformist domestic productions whose banal images made no impact on the imagination, and which were screened at whatever was left of Iran's cinemas. Home video and later digital TV and satellite were considered equally subversive. For years, people gathered secretly to watch the classics on worn VHS tapes, and bootleg copies of more recent films. Erasing vital, colourful and riotous images from individual memory wasn't an easy task, especially in a country that in the 1960s had embraced Jerry Lewis. What helped to keep Iranian film culture alive in the first 15 years after the revolution, until the time that more doors were opened, was an oral tradition – talking about cinema."
"Animator Behind Fictional Video Game in 'Her' Announces Real-Life Release": By Alex Magdaleno of Mashable.
"The animator and designer of the fictional game, David OReilly, announced the release of his first indie game — 'Mountain' — at the Horizon Indie Game Conference at E3 on Thursday. Known as a 'mountain simulator,' OReilly explained that when players start the game, they are first asked to draw pictures based on a series of open-ended questions. Based on their answers to those questions, the game will create a unique mountain for the player to trek. These images will also affect other variables such as snowfall levels, types of vegetation and the terrain. Additional features of the game are cryptically listed on its website and include: 'no controls, automatic save, audio on/off switch, time moves forward, things grow and things die, nature expresses itself, around 50 hours of gameplay, and once generated, you cannot be regenerated.'"
"Jane Wyman and 'All That Heaven Allows'": An essay on Douglas Sirk's 1955 masterpiece, and Wyman's sublime performance as Cary Scott, written by Self-Styled Siren's Farran Smith Nehme for Criterion.com.
"At the time of filming, Wyman was at the tail end of a career-best runof films, and nearly a quarter of a century removed from any life outside show business. Yet she slips under the skin of this sheltered widow as though she too had always lived in a circumscribed world of immaculate houses, self-involved children, dull parties, and duller companions. Sirk spells out his themes with meticulous clarity, as always. But there is great subtlety in this movie, and itis in Jane Wyman's performance. Look at the opening, after a pillar of the local country club, Sarah (Agnes Moorehead), has dropped off a large set of dishes she borrowed. Cary is struggling to getthem to her tasteful patio. Up comes her younggardener Ron (Rock Hudson) to lend a hand. Cary's glances at him keep getting a tiny bit longer as she builds up to asking if he wants to have lunch. She pours him coffee, he sets it down and pulls out her chair. At once, there's a change in Cary—her already lovely posture gets a touch straighter, and she does a graceful, charm-school slide into the proffered chair. And then, as she offers some rolls, Wyman locks eyes with Hudson, in a way she certainly didn't do with Moorehead."
Motorcycle.com reports that Harley-Davidson will be building a production motorcycle powered by electric power, dubbed "Livewire."
An episode from the 1986 reboot of "Alfred Hitchcock Presents" written by RogerEbert.com's Jim Beaver and starring Mark Hamill.
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Strictly speaking, Curious Brew is not a brewery; it's the name of a range of three beers produced by Chapel Down. Located in Tenterden (Kent, England), this company is the market leader in English sparkling wines, and thus its three beers are "curious" because they are brewed with wine-making techniques.
Its siblings being an IPA and a porter, this lager was the first to be launched, in 2010. It was brewed by Andy Hepworth, a multi-award-winning expert from Sussex.


Home Columns Demerse Why is Cesc Fabregas playing centre forward?
Why is Cesc Fabregas playing centre forward?
A lot to be proud of from an Arsenal viewpoint but also so much to worry about after last night's dizzying first leg with Barcelona at the Emirates.
Where do you start? The finality of Clichy's indecision. The completely out-of-tune Song. The misaligned flat-to-crooked back four. The strange vacuum that materialises from time to time between Diaby's ears. Bendtner's second touch a tackle. Arshavin's seeming disinterest and hasty retreat.
All major worries indeed. But for me the most curious aspect of last night's tie was the continued placement of Cesc Fabregas in what could only be described as a centre forward position.
Well, maybe not quite centre forward but certainly at least as far forward as Bergkamp ever lined out for Arsenal.
To all intents and purposes this was 4-4-2, with Cesc in the hole.
And it's nothing new. He has drifted further and further forward as the season has gone on. Of course the move has paid off in terms of goals and assists but in their toughest tests – and they won't get tougher than last night – surely Arsenal need Fabregas closer to the heart of the action, getting on the ball and making them play.
But for the entire game – and for 60 minutes against Birmingham – Cesc more or less played off Bendtner, hoping for knock-downs and remaining distinctly on the periphery of the game.
Arsene Wenger first began playing Fabregas in that role about two-thirds the way through last season, with van Persie marked absent again through injury. During the European semi-finals with Manchester United last year, he hung around Adebayor's coattails looking for scraps. None came his way. Meanwhile, the game was being won 20 yards further back the field.
He has played deeper for much of this term. When he came off the bench to beat Aston Villa on his own – driving forward from deeper – it seemed like he was turned into the perfect blend of Bryan Robson and Michel Platini.
Now he's gone back up front again. It can't, surely, be because he's injured. Sure, less miles go on the clock in that role, but you also need to be at your strongest and sharpest to make an impact the further up the pitch you go.
There is a sense lately that Arsene Wenger is trying to revert to the type of midfield axis that once served him so well. For Gilberto and Vieira, read Song and Diaby, with Cesc now positioned in the Bergkamp role. That might have more merit with van Persie in the side – though he is no speed merchant in the Henry or Anelka mould – but Bendtner doesn't have the pace to go behind and drag defences with him, creating space for Cesc to fill.
At least in the really big games.
Unfortunately, you also have to question whether Song and Diaby can ever truly emulate Gilberto and Vieira, or indeed Petit and Vieira.
Both had dismissed a lot of doubts with some sparkling displays this season, but after last night question marks about their mental readiness for the biggest games must remain.
Credit must go, however, to Denilson, for making his presence felt in the game as Song's midfield replacement when he dropped in to replace Gallas.
I'd be tempted to play a real five-man midfield next Tuesday night, chancing Campbell and go with a central trio of Denilson, Song and Diaby. Then perm two from Nasri, Arshavin and Rosicky in the wide areas.
For the lone striker role, I'd be very tempted to give Theo a chance to test Barca with his pace but an ability to hold the ball will be crucial so Nicklas Bendtner should probably stay in the side, with strict instructions to stop trapping it further than Rory Delap can throw it.
A word for Barcelona. For 65 minutes, the football they played was as close to perfection as you can imagine. The pace and industry of their pressing game was a harsh up-close lesson for a guy like Arshavin who probably fancies he should be in their side.
And when they got on ball, the space and angles they create are, at times, breathtaking.
But Arsenal stuck at it and got some rewards. Perhaps, strangely, they might actually do better without their makeshift duck-out-of-water centre forward.


These Cool Dampers are amazing. In addition to enhancing the cooling of the input tubes and therefore increasing their lifetime, these rings limit and even eliminate all microphonic phenomena. We tested them on 12ax7 EH and 6922 JAN with a small preamp and on a top end model. The results were very revealing with a sound quality that is both more precise and gentler. Highly recommended.
Ring that limits the microphonics linked with vibration phenomena and that increases the thermal dissipation of a tube.
Facile à régler sur le tube.Résultat impressionnant.Très belle precision dans l'espace,grande fluidité du son.Grave limpide.A consommer sans modération.


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17 movies
A biologist signs up for a dangerous, secret expedition into a mysterious zone where the laws of nature don't apply.
A scientist becomes obsessed with returning his family to normalcy after a terrible accident.
Matthew Bennell notices that several of his friends are complaining that their close relatives are in some way different. When questioned later they themselves seem changed, as they deny everything or make lame excuses. As the invaders increase in number they become more open and Bennell, who has by now witnessed an attempted 'replacement', realises that he and his friends must escape or suffer the same fate.
Frankenfish
When the body of a man is found completely destroyed in the swamps in Louisiana, the medical investigator Sam Rivers is assigned to investigate the murder. He travels with the biologist Mary Callahan to the location where the victim lived in a floating house and he meets his family and friends. They find that Chinese snake-heads genetically engineered that belong to a wealthy hunter are attacking and killing the locals. While the group fights to survive, the hunter Jeff arrives with his team to hunt the predators.
The Secret of the Third Planet
At the end of the 22nd century Alisa Seleznyova, her father Professor Seleznyov and pilot Zelyony go on a space expedition to find rare animals for Moscow Zoo. On the way they seem to encounter a mysterious conspiracy led by Doctor Verhovtsev against legendary Two Captains Kim and Buran. The only clue is a talking bird Сhatterer [Govorun] that our heroes accidentally took possession of.
Never Cry Wolf
A scientific researcher, sent on a government study: The Lupus Project, must investigate the possible "menace" of wolves in the north. To do so, he must survive in the wilderness for six months on his own. In the course of these events, he learns about the true beneficial and positive nature of the wolf species. Based on the book and true story by Farley Mowat.
An earthquake releases a strain of mutant cockroaches with the ability to start fires, which proceed to cause destructive chaos in a small town. The studies carried out by scientist James Parmiter, however, reveal an intent with much more far-reaching consequences.
Dr. Cyclops
Four explorers are summoned to Peru by the brilliant physicist Dr Thorkel. They discover a rich source of radium and a half-mad Thorkel who shrinks them down to one-fifth their normal size when they threaten to stop his unorthodox experimentation.
Toshiaki Nagashima is a biologist who is doing major research on mitochondria. When his beautiful young wife is tragically involved in a car accident which leaves her brain dead, in desperation he steals her liver from her body in order to recieve the mitochondria from it to resurrect his wife from the dead. The killer mitochondria takes the form of his assistant.
When Harvard PhD student Jennifer Brea is struck down at 28 by a fever that leaves her bedridden, doctors tell her it's "all in her head." Determined to live, she sets out on a virtual journey to document her story—and four other families' stories—fighting a disease medicine forgot.
After a wildlife biologist (Marco Marchese) becomes trapped on the wrong side of the river while collecting data, he comes across an abandoned village. Taking shelter, he begins to suspect he may be sharing the grounds with more than just boar and deer.
Semen, a Love Sample
A biologist in an insemination clinic unexpectedly falls in love with a free-spirited trapeze artist and the idea of fathering her child. A hilarious romantic comedy about love at first sight, with complications to follow...and more laughs than you could possibly conceive!
Beast No More
A young biologist, Mary Jane, who focuses on lepidoptery (the study of moths and butterflies), doesn't have the perfect life; she does however have what she considers the perfect son. Tragedy strikes and Mary Jane's world is disturbingly turned upside down. Fleeing the troubled "real world" she embarks upon a solitary bush project. In the isolated and surreal landscape Mary Jane starts experiencing strange phenomena. The opportunity to be a mother again presents itself, only it comes at a cost for Mary Jane and what's left of her family.
Son of Monarchs
A Mexican biologist living in New York returns to his hometown, nestled in the majestic butterfly forests of Michoacán. The journey forces him to confront past traumas and reflect on his hybrid identity, sparking a personal metamorphosis.
Lords of the Deep
Man has finally conquered the ocean. America's first self-contained undersea laboratory is the pride of the nation, and expectations are high for an elaborate undersea mining operation. What wasn't expected was the inhabitants of an undiscovered world.
E.O. Wilson – Of Ants and Men
An exploration of the remarkable life and groundbreaking ideas of biologist E.O Wilson, founder of the discipline of sociobiology, world authority on insects and Pulitzer-prize winning writer on the subject of human nature. In Wilson, we see an endearing personality who is one of the great scientists and thinkers of our time.
Wolves Return
Wolves divide and fascinate us. 150 years after they were driven to extinction in Central Europe, they are returning slowly but inexorably. Are they dangerous to humans? Is it possible to coexist? Using Switzerland as a point of departure, where wolves have returned in the very recent past, this documentary sheds light on the wolf situation in Austria, eastern Germany, Poland, Bulgaria, and even Minnesota, where freely roaming packs of wolves are more common sight.


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The Jaguar Legacy – Excerpt
Squadrons of bloodthirsty insects dive-bombed Charley Underhill's head. The tropical heat felt like a sauna on overdrive. Okay, so maybe this spontaneous visit was a lousy idea. Unfortunately, she was committed for the next seven days.
She blamed her rash decision on the trio of tequila shooters she'd downed in a smoky Mexican bar. At the time, an excursion to Dr. Alistair Kincaid's field camp to sniff out the archaeological scoop of the decade had seemed like a brilliant solution to her problems – almost as if someone or, more accurately, something, had taken control of her thoughts and actions. Now, broiling on a wooden dock in the jungles of central Oaxaca, her optimism wavered.
"Ow. Dammit." Charley squashed the sparrow-sized mosquito attacking her forearm. Shading her eyes, she peered at the sky until the tiny speck of a floatplane disappeared into blue infinity. When the last engine-throb died away, she scanned the shoreline, searching for signs of habitation.
A wall of sweetgums and cypresses lined a Mexican lagoon the color of liquid amethysts. So, where were the buildings, the roads, the people? More to the point, where was Dr. Kincaid's welcoming committee? Surely someone had heard the plane.
She cleared her throat. "Hello-o-o," she yodeled in her most ladylike tone.
Only the whine of insects broke the silence.
Louder, more assertive, she tried again. "Anybody home?"
A mocking echo boomed back. "Home … home … home."
She rolled her eyes, sucked in a lungful of air, and yelled, "Is everybody in this hell-hole deaf?"
Thankfully nobody replied. Her tendency to spout her innermost thoughts before her brain kicked into censorship mode often landed her in trouble.
"Idiot," she muttered. A temper display, as good as it might feel, would only increase Dr. Kincaid's displeasure. There was no doubt in Charley's mind that the archaeologist would be far from pleased when he found an eager investigative journalist camped on his doorstep, uninvited and panting for a story.
To boost her spirits, she visualized the headline, "Journalist Proves Existence of Ancient Olmec Curse."
A frosty feminine voice intruded on her musings. "If I were you, I wouldn't hold my breath waiting for a welcoming committee."
Charley whirled around to face her only fellow passenger. Exotic Ice Queen had sauntered into the floatplane terminal, sweet-talked a ride from the pilot, and topped it off by wheedling an immediate departure.
"I'm sure someone will come," Charley said.
Exotic Ice Queen's knowing little smile broadened. She checked her watch. "The plane landed an hour early. At this time of day, everyone in camp is taking a siesta."
The superior tone set Charley on edge. "I can wait," she said with forced cheeriness.
"Suit yourself. I'm heading to the dig. That's where Alistair is sure to be."
Alistair? How well did the woman know Dr. Kincaid? Charley feigned disinterest with a dismissive shrug. "You can't possibly know that."
Exotic Ice Queen cast a sharp glance in Charley's direction. "Just make sure you don't follow me."
Charley suppressed a smart-mouthed comeback, and settled on, "I wouldn't dream of intruding. I'll head for the camp."
"Don't get lost. Jaguars live out there."
Charley frowned. "Don't be ridiculous. Jaguars don't attack humans."
"Some do." Exotic Ice Queen smiled. "The New York Times reported a jaguar attack in this area."
Although Charley had read the same article, she shrugged off the cold shiver trickling down her spine, and injected her voice with optimism. "I'm sure there's nothing to worry about."
"Don't say I didn't warn you."
Charley wriggled into her backpack, looped a camera around her neck, and hoisted a duffel bag over her shoulder. Without a backwards glance, she staggered down the dock toward the palisade of trees festooned with hanging vines.
At the end of the dock, Charley followed the pilot's directions, turning left onto the footpath along the shoreline. Jungle enclosed her in a symphony of honking, chirping, clacking, screeching, rustling, and croaking. She inhaled deeply and grimaced. The sweet scent of orchids did little to mask the odor of decaying vegetation and stagnant water. After ten paces she faltered, lurched to a halt, and eyed the dense greenery with a shiver. Sure, she'd visited exotic locations for travel articles, but this one was – different. Undercurrents of pulsing energy prickled her skin.
She shuddered and started walking again, picturing the unseen creatures, all swarming, scurrying, and writhing through the underbrush. She could feel beady eyes boring into her back. Keeping a wary eye peeled for hungry, hairy predators, she picked up her pace. Hey, all natural noises ceased when big trouble crept up. Didn't they?
The duffel bag gained weight with every step. Halfway up a steep incline, she dropped her burden and plopped down to wait until her breathing slowed to normal.
At first the resonance was almost imperceptible. She concentrated on the sound. Sure enough a familiar buzzing, reminiscent of a swarm of wasps, filled the air. She clamped her teeth together to prevent them from chattering. The gesture of defiance did nothing to dispel the sound that heralded another panic attack.
"Not again," she whispered. "I'm supposed to be cured!"
The humming intensified, drowning out all other noises. Her skull throbbed. Icy wind buffeted her body, sucking her breath away, stifling the howl lodged in her throat. Helpless, she surrendered.
She had a sense of minutes ticking by. Little by little, peace descended leaving her clammy and trembling. She opened her eyes to an unfamiliar world. Footpath, trees, and rocky incline had all disappeared, replaced by columns that soared toward a carved wooden roof. Something hard and pointy jabbed her lower back sending pain shooting up her spine. Her paralyzed body refused to obey her brain's command to shift to a more comfortable position.
In an attempt to conduct a self-survey she cast her gaze downward. A granite armrest supported an unfamiliar arm encased from elbow to wrist in jade-studded armbands. The hand attached to the arm, bronzed, elegant, and dainty, appeared smaller than her own. Artificial nails curved into elongated claws.
Fighting the panic bubbling in the back of her throat, she sucked in a shuddering breath. The other hand – she had difficulty viewing it as her hand – cradled a human skull. Not just any skull, but a work of art made of volcanic glass overlaid with a mosaic of turquoise and coral. Inlaid mother-of-pearl eyes gazed back, and what looked suspiciously like human teeth grinned in a permanent rictus of a smile.
The skull signifies the continuation of life after death.
How did she know that?
She took a long, deep breath and dredged up every ounce of mental strength she possessed to vanquish the horrifying hallucination.
And slid into a dark void.
A songbird's call penetrated the blackness clouding Charley's brain. She stretched out one arm, then the other, rotating her wrists. Swallowing hard, she twisted the turquoise ring on her middle finger, comforted by its familiar weight.
Oh, God! She was losing her mind. Whatever she'd experienced, it hadn't been her typical panic attack. This time she swore she'd been inside another woman's body – someone powerful and ruthless, someone, well … evil. Perhaps the correct diagnosis of her condition should be multiple personality disorder.
Several inventive and unpleasant punishments for her shrink flashed through her mind. Three months ago the therapist had nodded wisely and handed her some psychobabble about hallucinations, visual distortions, and panic attacks. The episodes, he informed her, would disappear, given enough Prozac, a change of scenery, and adequate rest. Bottom line – the quack hadn't a clue. Whatever their origin, the continuing attacks had baffled specialists and ended her career.
She gave herself a silent pep-talk. It would take more than a few hallucinations to put this investigative journalist out of commission. All she needed was one kick-ass exposé to salvage her career. More to the point, a healthy cash advance would secure the treatment her mother needed to overcome her habit. A few weeks in rehab and Mom would be better than new.
She hoped.
Once her heart rate returned to normal she heaved herself to her feet in preparation for the final push to the summit. A snicker of semi-hysterical laughter bubbled from her lips. She was climbing a puny incline, not scaling Everest.
Hefting the duffel bag to her shoulder once more she plowed up the steepest part. At the top she sucked in a deep breath. A scrutiny of the path ahead revealed a jumble of roots and rocks. Picking her way down the slope she progressed slowly at first, then faster, gaining momentum under the weight of her luggage until her feet moved in a frenzied step dance.
Chirping their alarm, a flock of black and white birds burst from the jungle. Still concentrating on her footing she crashed into a warm, unyielding wall of muscle, and bounced backwards. A startled squeak popped from her mouth.
"Oomph," the intruder said, clutching his stomach.
She teetered, lost her balance, and sprawled backward into a mossy depression, using both hands to clutch her precious camera. The backpack anchored her to the ground as effectively as a ball and chain.
A dark form blocked the sunlight.


PressReader - NW: 2018-05-07 - IS CHYNA HAVING A BABY WITH A TEENAGER?
IS CHYNA HAVING A BABY WITH A TEENAGER?
B Blac Chyna already shares s son King Cairo with Tyga, and d daughter Dream with Rob Kardashian – and now she's apparently expecting baby number three with her third babydaddy, rapper YBN Almighty Jay! A source has confirmed to Page Six that the former reality star has a bun in the oven, with the revelation following an interview YBN, 18, did in March where he admitted he and Chyna don't use contraception. "I don't wear condoms... I would not want to f**k a b***h I did not wwant to get pregnant," he told podcast No Jumper. "If Chyna got pregnant, I would keep that s**t." Charming! Chyna, 30, had yet to comment on the stork talk at press time, although her rep made no attempt to deny the whispers. "No clue... I only handle appearances and don't ever comment about my clients' personal lives," they told Page Six.


At 9:34 AM on Saturday, Alex Ovechkin welcomed his first son into the world. Along with that welcome came the announcement that he, and wife Nastya Ovechkina, had named their son after Ovechkin's late brother, Sergei.
During Ovechkin's exit interview, following the Capitals' Stanley Cup win, RMNB's Ian Oland jokingly asked whether the name Stanislav, the Russian equivalent of Stanley, would be on the list should the couple have a son. "If a boy?" Ovechkin replied, trying not to give anything away. "Probably not." He smiled and laughed.
Ovechkin naming his son after his late brother should come as little surprise. Sergei's influence on Ovechkin's choice to pursue hockey has been well-documented, though Ovi has only spoken sparingly about the subject over the years.
When Ovechkin was only 10-years-old, while he was competing at a hockey tournament, Sergei was involved in a car accident. Two days later, he died due to a blood clot.
Ovechkin has always tried to pay tribute to his brother, whenever possible, over the course of his 13-year career in the NHL. Stitched into his gloves, in Cyrillic, are Sergei's name on the left, Ovechkin on the right.
After each tally that Ovi notches, he kisses his glove and points skyward, in thanks to his brother.
But at the time when Sergei passed in 1996, Ovechkin was a youth hockey player, and was set to play a game the very next day. His parents took him to the rink, and he suited up for that game, hoping that it would serve as a distraction.
Though the death of his brother was, undoubtedly, a difficult time in Ovechkin's life, it likely galvanized his deep desire to succeed in his hockey career. With a Stanley Cup to his name, there is little argument now that he is one of the greatest players of all time.
Now, his son, Sergei Aleksandrovich Ovechkin, will serve as one more tribute to a man who blazed the path that Ovechkin's life started down. It is a way to carry on that legacy, and to give thanks to a brother who impacted him in such a powerful way.


Sir Elton John has announced the UK leg of his 'Farewell Yellow Brick Road' tour and he has said the "homecoming shows will be very emotional".
Sir Elton John has announced the UK leg of his 'Farewell Yellow Brick Road' tour.
The 'Rocket Man' hitmaker will be bringing his final ever live run to the UK in 2020, and he is expecting the shows to be "very emotional" for both him and the audience.
He said: "The 'Farewell Yellow Brick Road' tour will take us to many places that have meant a lot to me over the last fifty years, but these UK shows will be incredibly special. The UK is home, and where my heart will always be.
"To celebrate some of the incredible moments we've shared with my British fans over the years will be wonderful. These homecoming shows will be very emotional, and a lot of fun."
The UK run will include newly-announced dates in London, Birmingham, Liverpool, Manchester, Aberdeen, Glasgow and Leeds, while the pop icon previously confirmed shows in Hove and Cardiff for June 2019.
Earlier this year, the 71-year-old star revealed his plans to retire from performing and mark the occasion with one last run of over 300 shows across the globe.
He said at the time: "Performing live fuels me and I'm ecstatic and humbled to continue to play to audiences across the globe. I plan to bring the passion and creativity that has entertained my fans for decades to my final tour.
However, he still intends to keep being "creative" and working on new projects, even if he won't be on the road anymore.
He added: "I'm always going to be creative, I'm always going to be interested in creative stuff, and you know, I think after this tour is finished, I'll take a few years off and see what's going to happen.
"But creatively, I will be doing writing a lot, and who knows what's going to happen. If you let things happen for you, that's the magic of life. I will be creative, hopefully, up until the day I die."


Zhou, Y, Mei, TX ORCID: https://orcid.org/0000-0003-3260-6309 and Freear, S 2010, 'Real-time modeling of wheel-rail contact laws with system-on-chip' , IEEE Transactions on Parallel and Distributed Systems, 21 (5) , pp. 672-684.
This paper presents the development and implementation of a multiprocessor system-on-chip solution for fast and real-time simulations of complex and nonlinear wheel-rail contact mechanics. There are two main significances in this paper. First, the wheel-rail contact laws (including Hertz and Fastsim algorithms), which are widely used in the study of railway vehicle dynamics, are restructured for improved suitability that can take advantage of the rapid developing multiprocessor technology. Second, the complex algorithms for the contact laws are successfully implemented on a medium-sized Field-Programmable Gate Array (FPGA) device using six NiosII processors, where the executions of the Hertz and Fastsim parts are pipelined to achieve further enhancement in multiple contacts and the operation scheduling is optimized. In the Fastsim part, the floating point units with buffering mechanism are efficiently shared by five processors connected in a token ring topology. The FPGA design shows good flexibility in utilizing logic element and on-chip memory resource on the device and scalability for a significant speed up on a larger device in future work.


I've acquired some Idolomantis diabolica (devils flower mantis) ootheca – and really forgot how fantastic this species was. I've not had these in culture since last year, the nymphs are a great size, and they have an incredible appetite.
It seems the secret to these thriving is really hot temperatures – between 28-35c, and a good spray once every 3 days (and of course an abundance of food).
So far I've had 3 ootheca hatch, and have several more incubating at the moment. If anyone is interested in one of these ootheca, then please email me using the contact form – link at the top of the page.
Each ootheca hatched between 30 and 60 nymphs, so quite varied hatch sizes.


In the wake of the Punk era of the late seventies came a 'New Wave' of music from the UK. It marked a second British Invasion to the shores of the US. The majority of the bands coming out of that movement had a synthesized highly grooved sound, to supply the clubs and discotheques with modern dance music for the new decade. A handful of bands like Eco and the Bunnymen, and James chose to anchor their sound on the back of the electric guitar, and the one band, out of the gates, that rose to the top of these guitar driven pioneer post punk acts was The Smiths.
When the Smiths finely descended on the States with their first American tour in the summer of 1985, the cult of Morrissey was at full strength. Although it was the guitar that essentially opened the door to America for the band, Morrissey's godlike status with the music buying youth overshadowed. His accessible lyrics and message of loneliness and frustration resinated with a large segment of youth in America who like their counter parts back in the UK, were disillusioned with the materialistic direction of this country. Waves of fans would invade the stage at every show just to worship the singer, dance with the band and join in on the chores of every song. It was comparable to, and very much like, the Beatlemania that had taken the country 20 years earlier.
Their very first date on that tour was in Chicago at (as we called it) The Aragon Brawlroom. I was in the audience that night. No seating, just a giant open space with thousands of kids pushing to the stage, some with flowers in hand; plenty of pushing shoving and the occasional "crack on the head".