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Chancellor confirms minimum wage rise
By Robert Crawford	 18th March 2015 3:46 pm 3rd November 2015 4:48 pm
Budget 2015: Chancellor George Osborne has confirmed in his 2015 Budget that the national minimum wage will rise to £6.70 in October, as irst announced on 17 March.
This is the largest increase to the national minimum wage in real-terms since 2008.
Osborne said his Budget statement that the national minimum wage will rise to £8 by the end of the decade.
The increase is equivalent to an additional 20p an hour for workers aged 21 and over, from its current rate of £6.50 an hour.
It means that someone working full time on the adult national minimum wage will see their annual salary rise by over £350.
Osborne also confirmed that the national minimum wage for apprentices will increase by 20% (57p) an hour to £3.30 from its current rate of £2.73 an hour. This is the largest ever increase in the national minimum wage for apprentices.
The government accepted the Low Pay Commission's recommendations for these increases.
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Latest ArticlesComments (2)
Mark Beatson, chief economist, CIPD 18th March 2015 at 6:09 pm
The increases to the national minimum wage and personal tax allowance threshold that we have seen this week are welcome, and we would like to see further increases in both during the next Parliament. However, if we are to ensure that incentives to work are optimised, the Government really needs to think about these alongside what it does about National Insurance contributions for employers and employees, as these have an impact on the hours that employees are offered, and on whether they qualify for pension contributions.
There's been positive news this week for young people, with the increase in the National Minimum Wage above the recommendations of the Low Pay Commission for apprenticeships. Better quality apprenticeships are what we need to get young people working, learning and earning, and there are signs we're moving in the right direction on this.
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John Cridland, director-general, CBI 19th March 2015 at 12:12 pm
The National Minimum Wage has been one of the most successful policies of recent years thanks to the independence of the Commission – its politicisation is worrying and could damage our economy.
All parties should let the independent Low Pay Commission do its job – raising the minimum wage meaningfully without damaging the employment of low paid workers.

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Lakewood Civic Auditorium to Host Benefit Screening of Film About Bullying and Intolerance
A Cleveland-based nonprofit focused on "raising awareness of and ending lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth bullying," Dare2Care will present a special advanced screening of Love Is All You Need?, a film that examines the topics of bullying and intolerance, at 7 p.m. on Thursday, Oct. 27, at the Lakewood Civic Auditorium.
Written and directed by Kim Rocco Shields and co-written by David Tillman, the movie centers on the "intertwined stories of characters living in a world where homosexuality is the norm and heterosexuality is taboo." The film expands upon the 2013 critically acclaimed short of the same name.
"We are thrilled to be partnering with Genius Pictures to present Love Is All You Need? to the Cleveland market," says Dare2Care co-Founder Liz O'Donnell, who saw the film at the Cleveland International Film Festival, in a press release. "The message of this film mirrors the vision of Dare2Care to create communities free of harassment, brutality and indifference toward LGBTQ youths. Love Is All You Need? is a powerful, deeply moving film. It takes society as we know it and inverts it in such a unique way that makes the viewer feel the fear and pain felt by many LGBTQ youth every day. We immediately recognized the potential for collaboration with Rocco and David to share this film as an educational piece in classrooms."
One of 20 showings that's part of a 30-day tour, the screening will feature members of the filmmaking team, cast members and special guests.
Admission to the screening is free for students with proof of student ID and $5 for adults. Tickets can be purchased at the door or in advance online. All proceeds benefit Dare2Care.
Film Love is All You Need? Lakewood Civic Auditorium


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1. Be current in his/her membership fee as detailed in the chapter bylaws. The annual fee shall be $25 for the first year of membership and $20 thereafter.
2. Attend at least one Chapter rally during the membership year.
The member accepts a time-certain assignment that prevents the member from active involvement in chapter activities such as appointment or election to a civic responsibility, serving a religious mission, or accepting a work assignment that requires the member to move from the local geographical area. The inactive status may be renewed for one additional year but shall not exceed two years. The inactive member may return to active membership and will be reinstated regardless of the membership cap.
Waiting List Member: A potential member may attend one rally as a guest to explore their interest in membership. If interested, that individual may be placed, at his/her request, on a waiting list if there are no membership vacancies in the chapter. When a vacancy occurs, the individual most senior on the waiting list shall be invited to become an active member. No fees shall be accessed individuals on the waiting list.
This membership standing rule replaces all previous standing rules on membership.
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Explaining the real reason behind West Ham's poor start
Adam Leatherbarrow
Another embarrassing performance by our boys in claret and blue and a fifth loss from our first six Premier League fixtures. So what is the problem at the club?
Is it the world class stadium? No
Is it the segregation of fans? No
Is it the Manager's ability? No
Is it the players' ability? No
Is it Tony Henry's fault? No
Is it Sullivan and Gold's fault? No
So what is it then?!
I think I have come up with the diagnosis of why West Ham are not getting results.
To say we've had a terrible transfer window is ridiculous, we've done some good business in acquiring some top talent, but the problem is the variety of players from the leagues they have played in. I doubt that they have not yet adjusted to Premier League standard. Let's look at the signings.
Havard Nordviet was a free transfer and signed from Borussia Monchengladbach – a former club captain who helped his team gain Champions League football for two consecutive seasons.
Although he was at Arsenal as a youth player, he went to the Bundesliga to play his domestic football. The Bundesliga is not the most naturally technically gifted league in comparison to the Premier League. The standard is scrappy but clinical, you don't see teams waste chances and you don't see many chances created.
Ashley Fletcher is a Manchester United youth product whose talents went on display at Barnsley and he made a name for himself in the Play-Off final, knocking out Millwall.
He arrived on a free transfer with compensation and he showed much promise, but has never really been tested at Premier League level – then again, if you're battling for a spot on the Man United bench with an in form 17-year-old like Marcus Rashford, you have no real chance of getting in the team.
League One football is a significantly lower standard of football where you see older veterans of the game, mixed with youth prospects from their parent clubs and he was hardly prolific at that level – then again, neither was Harry Kane.
Sofiane Feghouli is another free transfer from Spanish giants Valencia.
Having previously played in Ligue 1, Bundesliga and La Liga, you could argue that he has plenty of experience to cement a place in the team. The La Liga is a slower paced game where his pace has been exaggerated during games.
Feghouli is still adapting…
There is no denying he has a sprint on him but in the Premier League, his pace is not as effective. He has been a crucial part of Algeria's national team for the past four years, playing alongside Mahrez and Slimani, and his international performances also proved he is capable of making an impact.
He scored on his home debut for West Ham against NK Domzale and you would have hoped he got out of the traps running, but injury stalled his match fitness progress.
Gokhan Tore has been signed on a season long loan deal with a view to a permanent £12m deal. A former Chelsea youth product, he has played in Russia and in Turkey under Slaven on both occasions.
The Russian and Turkish leagues really do not concentrate on the defending aspect of the game, tracking back and offering deep services do not happen as the full-backs tend to stay back.
Tore has been used to playing a very attacking role but in the Premier League, you need to cover your defenders who overlap. This has been highly noticeable and considered as cheating the team, preventing two types of attacks.
Tore clearly has the ability to produce assists and Slaven is clearly a fan as he has signed him twice in the past four years.
Simone Zaza is a £4m loan deal which becomes permanent after featuring in 15 games. The total fee when activated could be £24m. The Italian has received some negative press from the recent Euro 2016 penalty debacle, and that has not done him any favours with his performances this season.
Coming from Juventus, he has more game time playing alongside fellow Italian Domenico Berardi in the colours of Sassuolo. Last season, after finishing his loan with Sassuolo, he opted against a move to West Ham and he stayed with Juventus to fight for a starting place after a good season away.
He barely made an impact, scoring a few goals, and the signing of Gonzalo Higuan spelled the end of his Juve career. In the Serie A, you get more time on the ball, so if you make a mistake you can use your strength and pace to reclaim the ball.
Zaza's first touch has not been the greatest but he would normally make up for his mistakes. In the Premier League, there is no time to make amends and is easily getting caught out by his poor ball control.
Jonathan Calleri signed on a season loan deal from Maldonado in Uruguay. The highly thought of South American hitman clearly has big admirers in Europe, one of them being Spanish giants Barcelona.
Calleri has struggled so far…
Calleri does have an eye for goal; he wa the Copa Libertadores Golden Boot winner last season. Playing in tough Argentinean and Brazilian leagues for Boca Juniors and Sao Paolo he can withstand the toughness but with South American football, you get more chances to score.
Chances are few and far between in the Premier League and he is not as clinical as he wants to be in England.
Arthur Masuaku arrived in a £6m deal from Olympiacos. The young, strong French left-back has a vast amount of European experience with his club.
At domestic level, the Greek game is hardly the most talented of leagues on the continent, where the standard of football is quite poor. Due to the level of domestic football Arthur has experienced, the jump from that league to the Premier League is huge.
Edimilson Fernandes is a £5.5m signing from Swiss side FC Sion. The Swiss league has been known to produce some talented players through the years and Fernandes has shone in the league.
He comes from a line of Fernandes', with relatives Gelson, Manuel and Cabrel all playing or played professionally.
The Swiss league is known to be quite slow but very effective on counter attacking. Quick decisions and speed is something you need to succeed in the Premier League and this is something Fernandes will need to work on.
Alvaro Arbeloa, a free transfer, and record-signing Andre Ayew have no real excuses, having both played over 30 games in the Premier League for Liverpool and Swansea respectively.
The solution with the West Ham team is time. The squad has a variety of cultures and playing styles. Every new player needs to adapt to the league but it helps when the rest of the team have the experience around you.
At the moment, half of the squad has no real Premier League experience to make an impact in games. If you look at the line-ups in the past four defeats, how many players have over 50 top-flight appearances in England to their name? Payet, Lanzini, Ogbonna and Antonio also do not fall in that category, which is where the problem lies. Mark Noble, Winston Reid, Cheikhou Kouyate and Adrian are the only players fit enough in the team that can boast Premier League experience.
The transfer window was used to build a European squad, but when we were knocked out of the competition on 25th August our transfer targets should have been readdressed with immediate effect, and releasing players on loan who didn't fit the schedule anymore.
West Ham could do with Carroll's experience…
The window had been good in getting some players with great attributes, but to stay in the Premier League you need experienced Premier League players. This is why our team are not united on the field; it's because they are too inexperienced. When you think of the players we could have signed who would have suited the Premier League better, we wouldn't be in this position.
West Ham are playing a Europa League team in their Premier League fixtures this season. The players need to adapt, but time is not on our side at the moment. When we have Andy Carroll, Aaron Cresswell, Diafra Sakho and Andre Ayew back with the first team, it would greatly improve our chances of getting three points.
We're going through some tough times, Hammers fans, the best we can do is hope for a top ten finish and a cup run, so let's get behind the players to push us over the line in the toughest period during Slaven Bilic's reign.
Early days yet, but in Slav I trust.
West Ham World is a platform that allows fans to express their opinions on a grander scale. The views in this article are not necessarily those of West Ham World, but we ask you to respect the opinions of the author regardless of whether you agree with them or not. Thanks.
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When talking about Oristano Vernaccia, it is impossible not to mention Silvio Carta. Anchored to the tradition of Oristano Vernaccia, Silvio Carta's company can be considered one of the most prestigious winemakers in Sardinia. Since the beginning of the '50s, the cellar has mainly focussed its attention on the appreciation of this wine, the most ancient in the area with alleged therapeutic properties and uncertain origins. Supposedly, the vine variety originated on the island. According to numerous archaeological finds discovered in the ancient town of Tharros, near Oristano, the Vernaccia wine was already cultivated in the area. Sardinia has the climate and territory conditions for the spreading of the Vitis vinifera (common grape vine), which was certainly growing spontaneously since ancient times. The Vernaccia history is similar to that of the grape vine and viticulture and it is assumed that it was present since the development of the first human communities on the island. It is not clear if its name comes from Vernum, which means 'spring' (rebirth) or more likely from Vernacula, which means 'local'. A complex wine, almost alchemical, that moves and fascinates whoever tastes it. The perfect expression of this part of the island. Ideal as a dessert wine, to dare with oysters but perfect with botargo and toasted bread.


Choose from one of the following stages: pregnancy, infancy and childhood adolescence adulthood and old age.
List the specific nutrition issues affecting individuals in your selected stage.
Assignment Paper helpBuy Essay Online:Choose from one of the following stages: pregnancy, infancy and childhood adolescence adulthood and old age. List the specific nutrition issues affecting individuals in your selected stage.


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Home Why Islam? Clarification of Misconceptions The Shia (Shiite) Religion (Sect) – Islamic Lecture on the History: Part...
The Shia (Shiite) Religion (Sect) – Islamic Lecture on the History: Part 1
The Struggle between Truth and Falsehood
The Sheikh said that the battle between truth and falsehood is a battle which is very old and it began from the day that our Allah SWT created our father Adam AS but from the moment that Iblees, May Allah AJ protect us from his evil, from the moment that he refused to prostrate to the Prophet adam So that is an old battle and Allah mentions in the Quran that this will continue until the day of judgment and that's why Iblees, as reported in the Quran, said to Allah that through your might and your power, I will misguid all of them except for your sincere slaves. And as is also mentioned in the Quran, he sought the permission of Allah to be able to live up till the Day of Judgment so that he can continue to misguide people and Allah granted him his request.
Split of Religions in Different Sects
The Prophet SAW mentioned in authentic hadith as recorded by Imam Tirmidhi and Imam Ahmed and other than them that the Jews will split and they will differentiate 71 different sects and the Christians will also split into 72 different sects and that this is ummah, the Muslim Ummah will split into 73 different sects. So this is a testament and this is something which the Prophet SAW informed us of that there would be sects and that there will be differences and then the prophet SAW made clear the path that is true and correct. When SAW was asked about that and about what is the correct way, he said it is that which I and my companions are upon today.
The sheikh said so therefore now that we know that there is going to be so many differences and so many sects, do not become grieved, do not become sad as a result of this. Rather what you should do is to place importance upon knowing about these different sects and how to deal with them. Know about what is the correct and the victorious group and set amongst them so that you can be amongst them. This is something which Allah has decreed that there would be differences and there would be sects. So there is no point trying to oppose the decree of Allah SWT. Rather we know how to work with the decree of Allah by learning about these sects and by safeguarding our souls as well.
The Six Main Categories of Sects within Islam
The sheikh said that our prophet SAW therefore informed us that the people who ascribe themselves to this religion, the Muslims were split into 73 different sects. And the sheikh said some of the scholars of Islam were of the opinion that 73, the number 73, was not what was meant in itself, meaning that the number is not important, what the meaning is that there will be many many different sects. Either way, the sheikh said that that all of these sects can be categorized into six. These are the main 6 categories of sects and from them you have many offshoots that come as a result of them. These six main categories are
1. Ahle-sunnah wal jamaaah/ ahle hadith
2. The shia.
3. The Khawarij
4. The Qadariyyah
5. The Murjiah
6. The Jahameeya
And from these six main categories you have all of these various sects coming off as a result of them.
Primary Categories of the Shia Sect
The sheikh says that the topic and the theme of today's seminar is to discuss one of those six main categories and that is the category of the Shia. This category, in and out of itself, split into seventy different options so there are seventy different sects that come just from the Shia in and of itself. The shaikh said that from amongst the most famous of them is the Zaidiyyah, the Ithna Ashariya, the Ismailiyah, the Nusayriyyah, the Druze, [al bahaiyah, al babiya,] and al Qarameetah These are just some of the names of the most famous of the sects of the Shia but as he said there are almost seventy of them.
Abdullah Ibn Saba – The Person who started Shia Religion
The Shia went through a number of stages. The first stage started with a single person that began this concept of Shia was a man who was originally a Jew and was known as Abdullah ibn Saba. He was from Sanaa, the modern day capital of Yemen. He was the one who first came up with the concept and the saying, and the statement that (Caliph) Ali RA was in reality a God.
So, this man, Abdullah Ibn Saba claimed to be a Muslim and he made apparent that he was a Muslim and he was the one who first said Ali was Allah, and that Ali is God. And he was also the first person to say that Ali RA should have been the leader after the death of the Prophet SAW and that the other companions of the prophet SAW, may Allah be pleased with them, that they deceived and cheated Ali from his right of being the successor of the Prophet SAW. And Abdullah Ibn Saba appeared towards the end of the khilafa (caliphate) at the time of the Caliph Osman RA.
People attributing divinity to Ali (RA)
The sheikh said this was towards the end of the khilafah of Osman, when it came to the khilafah of Ali RA, a group of people came to Ali (RA) in Kufaa, and said to him that, "You are he, you are He.'You are He' So he said "Who is he?" And they reply that you are Allah. So, he became angry at this and he rebuked them severely and he asked them "Do other people claim this other than you?" And they said "Yes there are a multitude of people who say this. So, he told them to go and bring all of those people. So, they came in Kufa where he was resident and he began to warn them from saying this and he said to them "Rather I am a servant from the many servants of Allah. If I obey Allah, then Allah will reward me, if he pleases and if I disobey Allah, Allah will punish me if he pleases. Instead I am a human. I eat and I drink. So, go back from the statement of yours (meaning retract what you're saying)." So, they refused to do so. So he gave them three days. every single day he would come and he would warn them again but on the third day when he realized that they wouldn't retract their statement, he ordered them to be killed that a number of pits be dug in the earth and he lit fire within those pits and he threw those people within the fire for associating a human as God.
The sheikh said that when Ali (RA) began to dig those pits and he lit fire within them and he threatened to throw them in the fire, those people divided into three groups. The first group comprised of people who retracted and said to him that if you say that you're not a God then we take your word for it that you are not a God and they retracted from that statement. The second group, they threw themselves willingly into the fire and they said that only the God of fire can punish with the fire. So, therefore this is proof that you are a God. And the third group said that they will retract the statement but in reality, within their hearts they still had this belief. So openly they retracted but inwardly they still had this belief and continued to conceal their true beliefs for some time.
During this time (around 40 Hijrah) when these groups deviated from the mainstream Islam, they didn't have their separate mosques, scholars, or Fiqh. Rather they didn't have their a specific methodology of practicing religion. Instead, they lived with the Muslims as normal and regular people.
It should be noted that during these early times, the Shia were not known in this way (by this term 'Shia'). This continued even until the dispute that took place between Caliph Ali (RA) and Muawiya (RA) and the battle that took place in Siffin. At that time, people started to call supporters of Ali as the Shia of Ali, the supporters of Muawiya, and so on.
Death of Muawaiya as the Caliph of Muslims
And this state of affairs continued until the 60th year of Hijra . So they had no mosques, there was no such group known as the Shia and they had no scholars and so on and so forth. In the year sixty of the Hijrah, Muawiya (RA) passed away and before that he had appointed his successor his own son Yazeed. At that time, Hussein (Alayhis Salam), the grandson of the Prophet SAW who was also the son of Ali (RA), and Abdullah Ibn Zubair (RA) refused to give the Pledge of Allegiance to Yazeed. So, when the people of Kufaa (Iraq) heard that Hussain had refused to give the Pledge of Allegiance to Yazeed, they wrote him a great number of letters asking him to come to Iraq so that they could give him their Pledge of Allegiance instead.
So at this point again, there were not specific Shia group. The only difference was that these people believed that Ali (RA) and Hussain (AS), both from the family of the Prophet had more rights to the Khilafah (caliphate and rule) than the others.
The Sheikh said that as for the story of Hussein and his story of travel to Kufa, he said that it's a very long story and time doesn't allow us to go into such details, but I will summarize in just two statements. The first is that after Hussain (RA) received letters which invited him to Kufa, he went with the intention of taking the pledge of allegiance from them to become a Khalifa (Caliph). However from those people who invited him, when he went to Kufa, the people deceived him and didn't support him when Hussein's forces were attacked in which Hussein was killed.
The Remorse of the People of Kufa
The sheikh said that at the death of Hussain (AS), many of the people of Kufa were remorseful, and had regret that how was it that this great companion and the grandson of the prophet comes to us and we did not support him despite the promises and assurances that we had sent to him.
And so they became extremely remorseful and this was in the year 61 Hijra. This continued for a number of years until the year 64 that they had this remorse and regret until the death of Yazeed and after the death of Yazeed they then formed an army so that they could repent for the sin and called this army as "the army of Tawwabeen", which means those people who repented.
The Second stage of the formation of the Shia (Shiite)
So in the year 64 H when they formed the army of the Tawwabeen, this started the second stage in the development of the Shia religion. Up until this time they were still living with the people of Ahle Sunnah (Sunnis). So, we still didn't have the situation where the Shias mistrusted the companions of the prophet and didn't have their twelve imams, etc. However, at this stage they started to claim that the leadership of the Muslims should have passed to Caliph Ali and should have stayed with that family only.
The sheikh said that if we revisit the main categories of sects that were highlighted earlier, only the Shia and Khawarij split because of political issues. It had nothing to do with any religious beliefs and practices. So, it wasn't about the creed, or the methodology, or the Aqeedah. The causes were primarily political. He said that as for the other three categories of sects, they started with the issue of creed.
So the sheikh said that from the year 64 hijrah and onwards the movements became political. They started to disagree with the leaders of their time whether they were the leaders from Banu Umaiyya or from Banu Abbas. And this continued for a few hundred of years until the fourth century of Islam. The only differences between them and the people of the Ahle Sunna (Sunnis) were the issues that they had with regarding the leaders of the ummah and politics. It was during the fourth century of Islam that they had a number of the scholars who surfaced and began to change this political issue into one about aqeedah and religious creed and made a different type of creed and methodology. There were a number of scholars during that time such as al-qulaini, al-mufeed, as-sudooq and al-noumaani. These were some of the scholars who at that time began to change the political ideology and changing into issues of creed and methodology.
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Photographs by whom and for whom?
María Fernanda Domínguez Londoño examines two late-19th century photography albums depicting the Caribbean and, in asking the question "by whom and for whom?" they were made, discerns in the images a possible narrative, and arc in the itinerary of its compiler.
In a two part investigation, Laura Braverman looks at a sample of fourteen public and private research institutes focused on Latin American art, and the ways in which they support and shape ongoing scholarship in the field.
Among the notable attributes of the groundbreaking 1993 exhibition CCS-10: Current Venezuelan Art was its complete absence of female artists. Aixa Sánchez looks back on the era, the show's impact, and the ways in which the show Paralelo 11, mounted the same year with all women artists, filled that and other gaps, and she muses on possible other inclusions from the vantage of retrospection.
Twenty years after seeing the exhibition in Caracas, Costanza de Rogatis muses about the conceptual foundations of "From the Body: Allegories of the Feminine."
Part 2 of 2 of Charles Brewer-Carias' introduction to the artistry of wawa basketry produced in the Amazonas region of Venezuela. The baskets' seemingly abstract designs are actually expressions of the Watunna, the creation epic of the Makiritare people who weave them.
Part 1 of 2 of Charles Brewer-Carias' introduction to the artistry of wawa basketry produced in the Amazonas region of Venezuela. The baskets' seemingly abstract designs are actually expressions of the Watunna, the creation epic of the Makiritare people who weave them.
On the filming of "Ojalá el sol me esconda"
Filmmaker Julio Hernández Cordón lets his collaborators take the reins in a "narco-punk western" that brings the gallery and the stage to the screen.
Take a look inside the diary of Auguste Morisot with excerpts translated into English for the first time. This diary documents the Frenchman's travels along the Orinoco River from 1886–1887.


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Adrian Liberto
Sat 10 Sep 2022
CET 10:00
It's barbaric and repulsive: Let's Axe the Death Penalty
By Adrian Liberto
Photo by the UN-aligned design team.
Executing a human being is as coldblooded and premeditated as murder can get, writes Adrian Liberto
Put simply, the death penalty involves legally killing an alleged criminal. "Alleged", not only because the person may not have committed the crime in the first place, but equally because the crime may have been labelled as such only due to the distorted perspective of the lawmakers. At times, this perspective is biassed in favour of jealousy, bigotry, the acquisition of wealth and power; or the neutralising of a rival or critic.
Only a few weeks ago, the junta in Myanmar did just that, by hanging four of its critics. History is full of such examples. In every age and every corner of the earth, people have been executed for simply saying the truth, expressing a belief or trying to stand up for their rights. Subversives, witches, sectarians, heretics… of course I am using the language of the enemy here. These were probably just enlightened or ordinary people whose death may simply have been of benefit to the powers that be. Sometimes even genocide was legal.
Death penalty in history and art
On the fresco of Santo Stefano Rotondo there are 34 large panels dating from 1572-1585. Commissioned by Pope Gregory XIII they depict realistic depictions of torture and suffering of the sufferings of the martyrs.
The unique and eerie church of Santo Stefano Rotondo in Rome offers an interesting representation of the death penalty with its 16th century frescos by Niccolò Circignani (Pomarancio) and Antonio Tempesta, commissioned by Pope Gregory XIII and portraying 34 scenes of martyrdom.
To say that they are gruesome would be an understatement, but Charles Dickens does a good job in describing them in his Pictures from Italy:
Charles Dickens © Public Domain
"To single out details from the great dream of Roman Churches, would be the wildest occupation in the world. But St. Stefano Rotondo, a damp, mildewed vault of an old church in the outskirts of Rome, will always struggle uppermost in my mind, by reason of the hideous paintings with which its walls are covered. These represent the martyrdoms of saints and early Christians; and such a panorama of horror and butchery no man could imagine in his sleep, though he were to eat a whole pig raw, for supper. Grey-bearded men being boiled, fried, grilled, crimped, singed, eaten by wild beasts, worried by dogs, buried alive, torn asunder by horses, chopped up small with hatchets: women having their breasts torn with iron pinchers, their tongues cut out, their ears screwed off, their jaws broken, their bodies stretched upon the rack, or skinned upon the stake, or crackled up and melted in the fire: these are among the mildest subjects."
I suppose we can now add the electric chair and the lethal injection to the mix. Still, my concern in this article is not so much the means, as the principle itself. Nor will I delve into its use by backward governments that apply it for bigoted or despotic reasons such as sodomy, adultery, atheism or, as in the case cited above of Myanmar, oppression.
Anyone with a shred of decency would know that such abuse of power is barbaric and repulsive. I will therefore focus on three points:
I will discuss whether it is an effective deterrent;
I will consider whether it is predominantly safe from error or abuse and finally;
I will focus on whether it is morally acceptable even in the clearest cut case of a murder having been committed.
Spicing death up: Is the death penalty an effective deterrent?
Thankfully, nowadays many countries have abolished the death penalty. By the end of 2021, 108 had done so. They realised how open to abuse or miscalculation such a practice could be, but more importantly, the futility and injustice of the principle itself. Of course, the US is not in that category, with over half of its States allowing the death penalty.
A lethal injection room in Florida State Prison. Over half of the States in the United States allow the death penalty. ©Public domain
In 2021, the US had executed 11 people. Needless to say, it is not in very good company, as far as human rights go, with China topping the list of executions, followed by Iran, Egypt, Saudi Arabia and Syria. According to Amnesty International:
"At the end of 2021, at least 28,670 people were known to be under sentence of death. Nine countries held 82% of the known totals: Iraq (8,000+), Pakistan (3,800+), Nigeria (3,036+), USA (2,382), Bangladesh (1,800+), Malaysia (1,359), Viet Nam (1,200+), Algeria (1,000+), Sri Lanka (1,000+)."
Clearly, these countries think that the death penalty is a deterrent and, in some instances, they may be right, but only if terror is added to the mix. Many people have a fatalistic view of death, or at least they have come to terms with it. Death of itself is not much of a threat when we are angry or motivated enough to want to kill someone. However, as the ancients understood, and the Santo Stefano Rotondo frescos highlight, by adding agony and torment to the equation, people are more likely to think twice.
As soon as the Christians moved from the arenas to the stalls, they too adopted the oppressive practices, burning people at the stake being one of their favourites, although by the 1800s the Papal States tended to opt for hanging, beheading and bludgeoning to death instead. Different cultures had different methods.
One of the most gruesome was certainly a Persian method known as scaphism, or the boats. This involved locking the unlucky victim within two boats after having over fed or force fed them so that their excrement could attract all kinds of insects, while the face arms and legs, which were left popping out, were covered in milk and honey to attract other insects. It was an extremely slow and excruciating death.
Building a whole culture around fear could therefore work as a boost to the death penalty in keeping people in check especially when the death penalty or severe sentences are imposed for harmless deeds or minor crimes because the spectre is forever hanging over one's life. Despotic states like Iran function that way, but so did European countries, until fairly recently.
In England, for instance, the last people to be hanged for sodomy were James Pratt (1805–1835) and John Smith (1795–1835): they were convicted simply by the testimony of a landlord peeping through a keyhole.
Statistics indicate the truth about death penalty…
Remove the overall oppression and the horror, however, and statistics indicate that the death penalty is not really an effective means of keeping people from committing serious crimes like homicide. In the US, for instance, the statistics show that States that did not have the death penalty, had consistently fewer murders than those that did, with the gap widening consistently since the 1990s. So yes, when linked to barbarism and oppression, the death penalty can be a deterrent, but otherwise it is not. This is probably also because States that do not opt for the death penalty, such as Finland, invest more in prevention and education, and setting the example of valuing all human life.
Doubting all reasonable doubt: Is the death penalty safe from error or abuse?
According to data collated by Science, in the US, up to one in 25 people who are sentenced to death may actually have been erroneously convicted. The Equal Justice Initiative found that for every nine people executed in the US, one person on death row gets exonerated.
Sometimes these are bona fide convictions that just got it wrong… often they are not. The deceit and abuse involved in some of these cases is mind boggling, especially when prejudice is involved, as in the conviction of Walter McMillian (Johnny D.), a black man from Alabama.
He was accused of having murdered an 18-year-old white woman in 1986. Despite multiple witnesses confirming his alibi, he was convicted in 1988 after a trial that lasted only one and a half days. The predominantly white jury chose to ignore the overwhelming evidence in his favour and relied solely on the word of three witnesses who had testified against him.
The Alabama Judicial Building. Photo: J. Stephen Conn/Flickr
The sentencing verdict was life, but the judge, Robert E. Lee Key, overruled it and pronounced the death sentence instead. Johnny D. did not have a criminal record and was a respected self-employed logger. However, he was known to have had an affair with a white woman, which was enough to mark him as a target for enquiry by a racist institution that was struggling to find a lead. After about six years on death row, he was finally released in 1993, when irrefutable evidence, including a tape recording, proved that the witnesses had been coerced to falsely testify against him. The Equal Justice Initiative puts it plainly:
"Our death penalty system treats you better if you're rich and guilty than if you're poor and innocent. As a result, a stunning number of innocent people have been sentenced to death."
Of course, not every convicted person can be as "lucky" as Johnny D. (if we can call someone who had to undergo six years of hell, lucky); many are forced to take their innocence to their graves.
Notable miscarriages of justice in the US include: Carlos DeLuna (convicted in 1983 and executed 1989) Ruben Cantu (convicted in 1985 and executed 1993) and Larry Griffin (convicted in 1981 and executed 1995).
So when it comes to the death penalty, we are left with a paradox: only a perfect system could ensure that errors in conviction are not made, but if such a system existed, it would certainly be rehabilitative rather than vindictive. In other words, by its mere existence, the death penalty excludes the possibility of a safe, evolved and fair justice system.
A life for a deed: Is the death penalty morally acceptable even in the clearest cut case?
The walls of the Santo Stefano Rotondo church portray 34 scenes of torture. Photo: ho visto nina volare/Flickr © Creative Commons
For better or for worse, things change. The church of Santo Stefano Rotondo changed for the worse when a recent renovation repaved the floor with glaring glossy tiles that would have been more at home in a fast-food restaurant than a church whose roots go back to Emperor Constantine himself.
People also change, unless they are killed, that is, and deprived of that chance, which is often what the death penalty does. "Often", because sometimes it does give that chance: people are kept on death row for years, allowed to change, usually for the better, and then killed off irrespective.
A mugshot of Karla Faye Tucker
The case of Karla Faye Tucker is a perfect example of this. She committed a double murder in 1983 when she was 23 and in a bad place as she explained in touching interview to Larry King:
"A lot of drugs, a lot of anger and confusion, no real guidance, I was just out of hand, and had no guidance at a certain point in my life when I was most impressionable and probably could have been steered the right way. There wasn't anybody there to steer me."
Tucker was arrested a few weeks after her crime and sentenced to death late in 1984. She was held on death row until 1998 when she became the first woman to be executed in Texas since the Civil War. Within that time, she had become a born-again Christian and a completely reformed person, even marrying her prison minister, Reverend Dana Lane Brown, in 1995.
Revenge is better than redemption
There were, of course, many pleas for clemency, but these were rejected, right up to the 11th-hour appeal to block her execution made to George W. Bush, who was then the Texas Governor. In the minds of many legislators, revenge is better than redemption.
Spending agonising years in prison only to be executed years later is not uncommon in the US. Carey Dean Moore, for instance, who was sentenced to death in 1980 for the murders of two cab drivers, spent a whopping 38 years on death row before his execution in 2018. This is not justice, but abuse of power, plain and simple.
Coldblooded premeditated murder
St Augustine justified executions carried out according to the law, even though the law just over a hundred years earlier was condemning Christians to those gruesome deaths recorded on the walls of Santo Stefano Rotondo. He also exonerated the executioners:
"The agent who executes the killing does not commit homicide; he is an instrument as is the sword with which he cuts."
Shaggy's song It Wasn't Me, springs to mind. Augustine's are soothing words for an easily duped conscience.
The minute we allow ourselves to become "instruments" we have lost our humanity and are dangerous tools in the hands of any power that we would let ourselves be manipulated by, be it secular or religious. All said and done, executing a human being is as coldblooded and premeditated as a murder can get. It is not self-defence, because the danger has passed. It is not justice, because a person can always outweigh their deeds, and they can change, given the chance.
Taking that chance away is the true crime.
Take ownership of UN-aligned
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Raising Utopia: Brick by Brick
In this first issue of our new Utopia series, we will be focusing on world peace and democracy. Our main article is a quirky piece which postulates an interview with the representative of a more advanced civilisation; and within this setting, novel visions are juxtaposed to some of our pressing problems. Of course, our coverage does not end here. The January issue offers a wide number of insightful articles by Lukas Pfluger, Dinojah Patkunarajah, Partho and Pradeep Chatteree, Elvira Ineza, Omar Alansari-Kreger, Joe Wain as well as our literary article by Alex Liberto and our art piece by Carla Pietrobattista. The editors are Adrian Liberto and Ariana Yekrangi


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Home News Local
Stacey Abrams WILL NOT Concede Governor's Race
by GAFollowers
In a race marked by voter suppression claims, racist robo-calls and unfounded hacking allegations, Democratic gubernatorial candidate Stacey Abrams refused to concede to Republican Brian Kemp.
Neck-and-neck until the end, Abrams, a 44-year-old lawyer and novelist, appeared to have lost to her Republican opponent Brian Kemp by a 1.6 percentage margin, according to the Associated Press.
But Abrams, who would be the country's first female African American governor, insisted that the vote was too close to call and hopes for a runoff race next month.
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"I'm here tonight to tell you votes remain to be counted. There's voices that are waiting to be heard," she told a crowd on Wednesday morning, as reported by CNN.
Among the most closely watched races in the midterm elections, the two candidates lobbed a series of accusations at each other throughout the campaign.
Kemp, a pro-Trump Republican currently serving as Georgia's Secretary of State, the body that oversees voting, was accused of voter suppression and abusing his power.
Kemp said he was confident he would win Tuesday's poll, saying "make no mistake, the math is on our side to win this election".
Voter suppression claims
While former President Barack Obama and television star Oprah Winfrey rallied behind Abrams, former President Jimmy Carter called on Kemp to step down.
His critics, among them Abrams and her supporters, pointed to the 1.5 million voter rolls purged under Kemp's watch between 2012 and 2016, according to a watchdog, and an Associated Press report that found his office was stalling 53,000 voter applications just weeks before the November 6 vote.
Stacey Abrams, Georgia Democrats decry Brian Kemp's hacking claim
Of that total, most belonged to African American applicants and other people of colour.
On Sunday, Kemp accused Democrats of hacking the voter registration system, a charge he levelled without providing any evidence. As Georgia's Secretary of State, he said he had opened an investigation.
"I think, unfortunately, Secretary Kemp has not only abused his power, he has failed to do his job," Abrams said in an interview with ABC on Monday.
"And you don't deserve a promotion when you do not serve the people you've been hired to serve."
Political ascent
Abrams earned her law degree from Yale University in 1999, going on to work as a tax attorney and then in a few firms.
She started her political career at the age of 29, when she was appointed Atlanta's Deputy City Attorney.
In 2007, voters elected her to Georgia's General Assembly as a Democrat, where she eventually became state House minority leader.
As a state legislator, Abrams successfully fought to expand public transportation funding, railed against tax cuts and advocated criminal justice reform.
She also founded the New Georgia Project, an NGO that worked to register voters of colour and advocated voting rights.
In May 2018, she beat fellow Democrat Stacey Evans in the party's primary election, becoming the Democrats' candidate for Georgia's governor.
Abrams's positions were diametrically opposed to Kemp's, with the former supporting reproductive rights, expanding Medicaid healthcare services, increasing gun control and abolishing the death penalty, among others.
Kemp had largely aligned himself with President Donald Trump, pledging a hardline stance on immigration, restrict LGBTQ rights and eliminate protections for medical patients with pre-existing conditions.
Racist robo-calls
As the race intensified and grew tighter, it also turned ugly.
In age of Trump, black women running for office in higher numbers
On the Friday before the vote, a racist robo-call went out to many Georgia homes and mocked Abrams. The call included someone impersonating the voice of Oprah Winfrey, who campaigned on Abrams's behalf.
"This is the magical negro, Oprah Winfrey, asking you to make my fellow negress, Stacey Abrams, the governor of Georgia," the call said, going on to include several racist slurs and insults.
In a statement, Kemp "unequivocally" decried the group behind the robo-calls, describing "their horrible actions" as "absolutely disgusting".
In neighbouring Florida, Democrat Andrew Gillum, who was vying to become the state's first African American governor, conceded to Republican Ron DeSantis, who won in a narrow gubernatorial race.
"We may not have all shown up in the way that we thought and hoped that we would," Gillum told supporters, "but I still believe in and trust the voters."
via aljazeera
Tags: georgia governorsgovernors racestacey abrams
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University System of Georgia Enrollment Increases to All-Time High


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"Truckin" is a song by the Grateful Dead, which first appeared on their 1970 album American Beauty. It was recognized by the United States Library of Congress in 1997 as a national treasure.

Lyrics
Written by band members Jerry Garcia, Bob Weir, Phil Lesh, and lyricist Robert Hunter, "Truckin molds classic Grateful Dead rhythms and instrumentation. The lyrics refer to a drug raid of the band's hotel lodgings in New Orleans during a concert tour earlier in 1970:

The song's climactic refrain, "What a long, strange trip it's been", has achieved widespread cultural use in the years since the song's release.

Composition
"Truckin is associated with the blues and other early 20th-century forms of folk music.

"Truckin was considered a "catchy shuffle" by the band members. Garcia commented that "the early stuff we wrote that we tried to set to music was stiff because it wasn't really meant to be sung ... the result of [lyricist Robert Hunter getting into our touring world], the better he could write ... and the better we could create music around it." The communal, shared-group-experience feel of the song is brought home by the participation of all four of the group's chief songwriters (Garcia, Weir, Lesh, and Hunter), since, in Phil Lesh's words, "we took our experiences on the road and made it poetry," lyrically and musically. He goes on to say that "the last chorus defines the band itself."  Weir credited the band's 1967 experience in backing vocalese singer Jon Hendricks for helping Weir to enunciate the tongue-twister lyrics in Truckin's verses.

Release

The song was taken from the American Beauty album and edited down in length from five to three minutes for release as a single. In addition to being shorter, the single version had some audible differences compared to the album version: it featured sections of lead guitar in places where it's faded down on the album version, a heavy processed effect on Bob Weir's lead vocals in the verses, a different vocal track for the "Sometimes the lights..." portion, and is missing the album version's organ part.

The single reached number 64 on December 25, 1971 on the U.S. Pop Singles chart and stayed on the chart for eight weeks. "Truckin was the highest-charting pop single the group would have until the surprise top-ten performance of "Touch of Grey" sixteen years later.  Moreover, the album track was heavily played on progressive rock and album oriented rock radio stations and accordingly helped popularize the group among general rock audiences.

Live performances
"Truckin debuted as the first song on the first set on August 18, 1970 at the Fillmore West in San Francisco, the same performance where many of American Beauty'''s songs premiered.

A longer rendition, that turns into a jam, was included on the popular 1972 live album Europe '72'' segueing into "Epilogue", followed by "Prelude".

Over the band's long concert career, "Truckin was performed 520 times, making it the eighth-most performed Dead song.

Charts

Personnel
 Bob Weir – rhythm guitar, lead vocals
 Jerry Garcia – lead guitar, backing vocals
 Phil Lesh – bass, backing vocals
 Bill Kreutzmann – drums
 Mickey Hart – drums
 Howard Wales – organ

References

1970 singles
Grateful Dead songs
Songs about drugs
Songs with lyrics by Robert Hunter (lyricist)
Songs written by Jerry Garcia
Warner Records singles
Songs written by Phil Lesh
1970 songs

redpajama_set_name: RedPajamaWikipedia


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AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
The TRIPS Agreement
signed in Marrakesh, Morocco on April 15th 1994
all things TRIPS
TRIPS Agreement
GATT Negotiation Documents
Panel Reports & Other Dispute Settlement Documents
DOHA Round Documents
Copyright Case Database
Unpublished and Presentation Materials
WTO and IP Conventions Membership
New Paper on ISDS & IP
ATRIP 2019 Congress website now open!
International Intellectual Property's Institutional Problem
Intellectual Property and the Regulation of the Internet
International IP Blogs
IP Watch
by Daniel Gervais on Monday, March 4th at 12:53 PM
Intellectual Property: A Beacon for Reform of Investor-state Dispute Settlement
Michigan Journal of International Law, Vol. 40, 2019
Vanderbilt Law Research Paper No. 19-01
Monday, March 4th at 12:53 PM
See http://atrip.org/2019-nashville-congress/
by Daniel Gervais on Wednesday, August 1st at 12:00 PM
My blogpost on the Kluwer Copyright blog is available here
Wednesday, August 1st at 12:00 PM
by Daniel Gervais on Tuesday, January 9th at 9:13 AM
This book is available here
Contributions by the editors (Susy Frankel and myself) as well as Rebecca Giblin, Adrian Porcin, Margo Bagley, Ruth Okediji, Annette Kur and Estelle Derclaye.
Tuesday, January 9th at 9:13 AM
New chapter on history of IP law in Canada
by Daniel Gervais on Wednesday, June 7th at 10:21 AM
The Emergence and Development of Intellectual Property Law in Canada, in The Oxford Handbook of Intellectual Property Law, edited by Rochelle Dreyfuss and Justine Pila (May 2017) DOI: 10.1093/oxfordhb/9780198758457.013.16
Wednesday, June 7th at 10:21 AM
A PRIMER ON PARALLEL IMPORTATION AFTER LEXMARK
by Daniel Gervais on Friday, June 2nd at 1:16 PM
On May 30, 2017, the US Supreme Court released its opinion in Impression Products, Inc. V. Lexmark International, Inc., a case dealing with parallel importation of patented goods. What is the case about? In short, parallel importation. The below is an attempt to explain the underlying issues–in less than four pages.
It is based in part on Daniel Gervais and Susy Frankel, 'International Intellectual Property Rules and Parallel Importing', in Research Handbook on Exhaustion and Parallel Imports (I Calboli and E Lee, eds) (Edward Elgar, 2016), pp. 85-105
A PDF version of this post is available here: A Primer on Parallel Importation after Lexmark
Defining parallel importation & exhaustion of rights
Parallel importation means an import of a good protected as a patent or copyright or bearing a protected trademark is 'parallel' to a domestic intellectual property (IP) right in the country of importation. Put differently, there is a 'parallel' IP right in the country from which the good is exported. The owner or exclusive licensee of the right in both territories may or may not be the same. The price at which the good is sold is often different (reflecting market conditions) thus creating an arbitrage incentive for export to a higher priced market. This is known as price discrimination.
There is a relationship between the legal concept of parallel importing and exhaustion of rights at domestic law. When IP is embodied in a physical product, the sale of that product transfers ownership rights in the product, but not the underlying IP. For example, the person who purchases a copy of a copyright book cannot make and sell new copies of the book. However the distribution-related IP rights are said to be 'exhausted'. This means that that copy of the book can be resold or otherwise treated as the property of the purchaser. If a country or trade territory allows the importation of a copy sold in another country or trade territory, then it is said to allow parallel importing. In this way the IP rights in both countries, or trade territories, are put in 'parallel'.
Exhaustion can be national, regional or international. In a national exhaustion regime, only rights in goods put on the market in that country are exhausted by a sale. In a regional exhaustion scenario, exhaustion applies to all countries in the region, as happens to most intellectual property rights in goods sold in the European Union. In the case of international exhaustion, goods sold anywhere the world can, subject to the more detailed explanation below, exhaust the right of the IP owner.
Each country can make its own rules on parallel importation under the main international instrument regulating intellectual property, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Then each country can also make different rulers on whether to allow parallel imports for different types of IP rights. Australia and New Zealand, for example, allow parallel imports of goods protected by trademarks and copyright but not patents.
Parallel imports and the different IP rights
As noted above, the Supreme Court of the United States has now made it clear that US law allows parallel imports of goods protected by patents (Lexmark). It did the same in 2013 for copyrighted goods in Kirtsaeng v. John Wiley & Sons, Inc. (568 U. S. 519). This answers some questions for the US market but raises others. For trademarks the rule was already that goods cannot be parallel imported under their US trademark if they are physically and materially different than the authorized goods sold in the U.S. Let us consider the differences among different IP rights.
Patents must be applied for country by country. In some cases (for example many European countries), a single patent application can cover several countries). Each patent granted is independent which means that if a patent challenged by an alleged infringer is found to be invalid by courts on one country a similar patent in a different country remains valid. There are rules in the TRIPS Agreement about patentability but countries retain a large measure of flexibility to define and apply patentability criteria. This means that the scope of a patent can vary by jurisdictions as each patent office can ask the patent applicant to revise the scope of the claimed invention. Then it is expensive to apply for a patent and inventors rarely if ever try to get an invention patented in every possible country. This means that many inventions are only protected in a few countries. Major multinational inventors that rely heavily on patents like pharmaceutical companies, often patent a new pharmaceutical in most significant potential markets, but not everywhere.
Copyright, which protects books, music, film, software, pictures, art and many other forms of literary and artistic creations, can be obtained without formalities. Even in the US copyright registration is not fully mandatory. The protection of new original works is automatically available around the world to approximately 180 countries.
Trademarks (like words or logos that typically identify the company that manufactured or supervised the manufacturing a product) are protected in countries that share a common law legal tradition because they are used in commerce in that country. In jurisdictions with a different legal tradition (including most of Europe), registration is generally required. Indeed, even in common law countries registration is recommended. This means that the owner of a trademark must take steps to protect a trademark in multiple countries and that worldwide protection is not automatic.
Parallel imports, gray market goods, licensing and counterfeit goods
Parallel importation of goods legally put in the market in a different country with the consent of the owner of the intellectual property right. Having said that, there are many different fact patterns that can arise.
Let us assume the same goods are sold in countries A , B, C, D and E, with the following differences.
Country A is a major country where the goods are protected by patent and where parallel imports are allowed (say, the United States);
Country B is another country where the same goods are protected by a similar patent and sold by the patent owner;
Country C is another country where the same goods are protected by a similar patent and sold by an exclusive licensee of the patent owner;
Country D is a country that issued a compulsory license to manufacture the patented product. A compulsory license allows a third party not licensed by the patent owner to produce the product at price usually set by a governmental authority; and
Country E where the goods are not protected by patent (ether because no patent was ever applied for or because a patent was invalidated) and manufactured by a third party with no license from the owner of the patent in countries A-D.
Question: Can the goods from countries B, C, D, and E be imported in country A?
Though answers to this question remain somewhat controversial in some jurisdictions, the following seems likely to be correct:
With respect to goods from country B, the answer (under Lexmark) is yes.
With respect to goods from country C, the answer should be the same, again using the Lexmark rationale of a sale with 'authority' from the patent owner.
With respect to goods from country D, one can say, first, that Lexmark does not apply because there was no 'authority' for the sale from the patent owner. Second, there are specific international rules with respect to patent compulsory licensing that limit re-export of patented goods made under a compulsory license such conditions, especially art 31(f) of the TRIPS Agreement. An amendment to TRIPS (Art. 31bis) modified this rule for phamarmceutcial exports to least-developed nations. The amendment contains detailed rules concerning diversion to more economically developed markets. In the copyright field, by contrast, compulsory licensing is allowed in certain circumstances. For example, under the Appendix to the principal international copyright instrument, the Berne Convention, which was incorporated into the TRIPS Agreement, developing countries can issue reproduction and translation licenses for books. Compulsory licensing of trademarks is generally not permitted (TRIPS Agreement, art. 21).
Country E is a somewhat harder question. The rights cannot have been said to be exhausted because there were never any rights to exhaust so that the traditional rationale for parallel importation should not apply. Yet the goods are undoubtedly legal in their territory. Lexmark, by focusing on the import of authorized goods seems to assume exhaustion and the answer would, therefore, be no, the goods cannot legally make it into country A.
Diverging rationales
The main rationale against parallel importation of goods protected by copyright or a patent is that it prevents price discrimination. In the copyright field, a book publisher can charge a different price depending on the perception of what the market can bear in that particular country. When international exhaustion applies, a publisher might decide not to publish ion lower-priced markets to avoid diversion to more expensive ones, as had happened in Kirtsaeng. In that case a student had purchased authorized books in Thailand and brought them back into the United States and was able to resell the books undercutting the average US sales price by quite a significant margin. Being allowed to charge the maximum price possible in all markets allows both to charge more on "richer" markets and less in less economically developed ones. This can create a subsidy effect where richer buyers subsidize the owner of the intellectual property right to create and invent more. Finally if the owner of the IP right has given an exclusive license limited to one territory (say country C in our list above) and goods produced by the patent owner itself (or by a different licensee) in another territory (say, country B in our list above) can be exported to country C, then the exclusive licensee in country C might suffer economic harm as a result.
The main rationales for parallel importation of goods protected by copyright or a patent are, first, that it allows a country to obtain cheaper goods by importing them from a market where they are sold at a lower price. Relatedly, it can be used to introduce competition into an otherwise non-competitive market, which should also exert a downward pressure on price. Finally, it can be used to expand the range of available products and their varying qualities if only a limited range is locally available. All these rationales are directly linked to consumer welfare narratives.
It is also essential to take account of the fact that patents and copyright apply to different types of goods. A copyrighted work is usually purchased by individual consumers, while important categories of patented goods such as pharmaceuticals are often purchased by state entities in charge of public health systems. There are significant public welfare impacts when access to books and medicines is restricted but there is very often a substitute for a book, musical work or film–a pharmaceutical product may have no substitute–and substitutes for copyrighted material are also often freely available online. Consequently, the public health impacts of restricting access to patented goods are often heavier than those that come from restrictions to specific copyrighted works. In the case of copyright, there is another reality to factor in: billions of works cross borders every day because they are available online. This changes the contours of the debate about parallel importation in that context.
In the case of trademark goods, the debate about parallel import rationales is somewhat different. Trademark rights are not protected, unlike copyright and trademark, as a reward or incentive for creating or inventing something. They are, at least as a matter of theory, designed to avoid confusion among potential buyers. Thus if a good imported from country B is the same as the one sold under the same trademark in country A, there is no confusion and the rationale for preventing importation isn't clear.
Possible future steps
It is quite likely that the pharmaceutical industry will try to get the US Congress to 'overturn' Lexmark by amending the US Patent Act. It was said that copyright industries would do the same after Kirtsaeng but no amendment has been made up to now. It is also likely that at least some producers of patented goods will modulate their price discrimination strategies differently. Many products that can be purchased in foreign markets, often using online resellers. Two issues should arise in that context. First, quality assurance will be used to convince buyers not to acquire goods from foreign sources. Attempts to block imports of pharmaceuticals (say, from Canada to the US) are often justified not on patent grounds but as a safety (regulatory) issue. That route may be explored further. Second, goods that require maintenance or service acquired from foreign sources may not benefit from locally available extra warranties or 'service packages' that companies may offer as an incentive to buy from a local (or at least domestic) source.
Daniel Gervais
Friday, June 2nd at 1:16 PM
Lilly v Canada reports
by Daniel Gervais on Saturday, April 8th at 4:34 PM
FYI, my reports (the visible part of my work) on the Lilly v Canada ISDS case are available here and here
Thanks to Professor Andrew Newcombe & Co for their great website.
Saturday, April 8th at 4:34 PM
My new book (Re)Structuring Copyright, the first in the new Elgar Monographs in Intellectual Property Law, is now available. Thank you in particular to the series editors, Professors Graeme Dinwoodie, Rochelle Dreyfuss and Annette Kur.
A book launch event will take place at Vanderbilt Law School on April 27 at 5:00 PM. Professor Chris Sprigman (NYU) and Robert Barsky (Vanderbilt) will comment on the book.
Here is the text of the preface:
This book aims to inform the debate about the future of copyright and its influence on human creativity. It is possible that, in a few years, all books will be the product of artificial intelligence and a version of Bob Dylan's songs will be written by the son or daughter of IBM's Watson. We are not quite there. Copyright has been, and is still, linked to many forms of (human) literary and artistic creation. Literature and art are perhaps the most vivid mirror of a society, its deepest aspirations and fears, its horrors and its magnificence. How policy affects that creation is, therefore, crucial to future human progress.
In common parlance, 'artists' create Art. In copyright, we call artists 'authors'. We could call them 'creators'. Art is used and often owned by those who distribute, disseminate, package, and sell it, to be enjoyed or used in one form or another by all of us. Art then enters a cycle of appropriation, reuse and transformation, sometimes leading to more creation. Creation has a very broad meaning in the copyright realm. It includes 'art' proper but also non-fiction writing and many more utilitarian forms of creation such as maps and (certain) computer programs. Some quality contributions to human progress are created by amateurs, from deeply influential essays to child prodigy music composers. Talent—however that term is defined—seems not to have been distributed evenly; yet even abundant talent needs to be honed, nurtured and developed. Mozart started composing as a child but few of the works he wrote before the age of 21 are among the ones people listen to on a regular basis two and half centuries later. That nurturing is a key function that copyright, properly structured, can accomplish.
This book proposes a way to structure copyright internationally to achieve this aim. There are no doubt many other ways to get there, but I can think of no higher policy objective. There is a fundamental 'anthropological' aspect to the quest for human development and policies that support it, although there is a sheer economic argument to be made as well: in the 'knowledge economy', creativity replaces material goods. Immaterial capital displaces physical capital. Knowledge is a commodity in itself; it is increasingly produced not to support the production of material goods (e.g., an improvement on a physical device) but for its own exchange value. As a matter of human and economic development, policy must ensure that those who can, and will, push their creative limits, including in developing new knowledge, can do so.
True, technological changes make the policy work ahead harder. Those changes will alter in unforeseeable ways the interaction between humans and machine. Whether humans adapt to the machine (think of all the people walking with their heads down looking at a small glass screen) or whether the machine helps human creativity and potential flourish is the next great question. Law and policy can only influence the course of events up to a certain point, in part because regulatory interventions are so often educated guessing at best. Yet the inversion that André Gorz and others have described—the economy serving humans rather than the other way around—is the best possible outcome.
Good policy can maximize our chances of getting there. Copyright is not the only tool in the policy toolbox of course. It forms part of a broader set of policies known as intellectual property (IP) and IP itself is part of an array of cultural and economic levers available to policy makers, from tax credits and subsidies (ex ante tools) to awards and prizes (ex post tools). The copyright system remains front and centre in this discussion, however. Yet it is a broken system. Not surprisingly, many voices have called for copyright (and sometimes all of IP) to be jettisoned as an obsolete industrial revolution era policy dinosaur. The early days of the Internet led the Grateful Dead's John Perry Barlow to declare copyright dead. It is not. Others have made it their task to reduce copyright to its simplest expression, reflecting an underlying assumption that copyright is a negative—as little copyright as possible is necessarily a better outcome.
Perhaps calls for reduction are merely a reluctant acknowledgment that it is unrealistic in this era of trade rules to think that copyright can be scrapped entirely. There are two other ways to see such recent developments. One is a cynical view. Many major commercial 'intermediaries' whose business is to sell advertisements need 'content' in myriad forms to draw users to their apps, sites and services. Whether it be a cat video or a Fellini movie, a recording of a high school band or a Puccini opera, a blog-post or a Jane Austen book matters not to them. I submit that it should matter to us all. Indeed, this concern must inform proper copyright policy. The other way to see recent developments is to embrace them, because they do lead to progress in a number of areas. The idea that entire libraries of paper books can be word-searched online is clearly a positive development, leaving aside for now the idea that those who write those books need not be remunerated for the uses of their works. The power of the Internet to disseminate new creations worldwide at little or no cost is a powerful tool to level the distribution playing field (for example by allowing anyone to publish an ebook) and potentially bringing all cultures, not just major players, to 'users' worldwide. Digital tools that allow amateurs and professionals to create, modify and add their own creativity to existing works can allow new creations to emerge and flourish, although it can also lead to 'lazy' creation by copying. Imitation has always been of the human creative process and this has now been raised to immeasurably higher levels, for both good and bad.
More 'content' is a good thing. More good 'content' is a far better thing. By 'good' I mean the type of work that alters our perceptual filters, forces us to think and rethink our world, moves us, and hopefully can make us better humans. Sometimes it is hard to know which is which. The initial failure of many new forms of art, including the famous rejection of the Impressionists by the bourgeois Parisian elites, come to mind. It is clear, however, that to achieve those aims new 'content' must not only be created, it must be made available. Current policy efforts aimed at providing new and stronger ways to take down unauthorized content are thus often misguided, although not in cases of straight piracy that add no value. We should aim not to take content down but to put more good content up. And all of that cannot and should not happen at the expense of those who have spent their lives honing their craft and/or by preventing new creators to do so. An equilibrium must be established—it can be done.
The current lack of equilibrium and the deficient structure of copyright results, in part, from a process of historical changes and accretions to the list of copyright 'rights' and in part from a lack of clarity as to its purpose. Indeed, very few national laws state one or more purposes of copyright. European Union Directives often mention several aims in their recitals. The definition of a purpose is often seen as a binary exercise. I have been asked so many times what 'side' of copyright I was on. Must one side win? This book takes the view that we can all 'win'.
The United States Constitution is a helpful guide. It is unique in that it states the purpose (Progress of Science and Useful Arts), beneficiaries (Authors) and mode of implementation (Exclusive Rights in 'Writings', for Limited Times) of copyright. Copyright should promote 'progress'. Words matter. This means that copyright is not needed to promote mere 'change'. Change happens no matter what. Progress, not necessarily so. In his 1974 Invitation to Jurisprudence Professor Harry Jones noted that not all forms of change are progress. Change that is not progress means moving sideways or going backwards. Change is merely a difference between two points (A and B) on a timeline. Progress is an improvement at point B. Progress does not mean that there is an end-state that we must identify, such as Fukuyama's initial description of an End of History. But human progress, its emancipation, through science and the arts, is surely progress. That said, governments, courts and policy makers cannot and should not dictate the direction of societal and technological change. Cultural memes and economic forces are too powerful to resist, and often they lead change that does constitute progress. But I submit that it is the role of all branches of government to promote progress by ensuring that a larger proportion of change is progress. It is the role of academics (among others) to illuminate the economic, sociological, philosophical, and historical underpinnings that can then inform the thinking about how policies can affect the degree to which change will lead to progress.
My comment on the EU proposed Multilateral Investment Court
My comment t on the recently proposed Multilateral Investment Court is available here: MIC brief Gervais
TRIPS (and the TPP) make it to the Fed Circuit
by Daniel Gervais on Saturday, February 13th at 4:31 PM
In the much awaited opinion in Lexmark, the en banc Federal Circuit (10-2) cited the TRIPS provision on exhaustion (article 6) and even the TPP. A step forward for international IP aficionados. Arguably, the statement accompanying the Uruguay Round implementing legislation that "[t]he [TRIPS] Agreement . . . does not affect U.S. law or practice relating to parallel importation of products protected by intellectual property rights" is a significant part of the majority's argument finding that non exhaustion of patent rights by a foreign sale (despite Quanta) is supported by legislative intent. I detect a whiff of cert. in the air.
Saturday, February 13th at 4:31 PM


text:
was an admiral and Chief of Staff of the Imperial Japanese Navy during World War II.

Biography

Early life and career
Born in Yonago, Tottori prefecture, Fukudome graduated from the 40th class of the Imperial Japanese Naval Academy in 1913, ranked 8 out of 144 cadets. As a midshipman, he served on the cruisers Soya and Izumo and battleship Satsuma. After his promotion to ensign, he was assigned to the battleship Hizen and cruiser Kashima.

After attending torpedo school and naval artillery school, he served on the patrol boat Manshu, followed by the cruiser Chitose and was promoted to lieutenant in 1918. After attending navigational training, he was assigned as chief navigator to the destroyer Sakura, and cruiser Niitaka. He was then appointed executive officer on the oiler Kamoi, on its voyage to the United States from 1921–1922. After his return to Japan, he was assigned a number of staff positions. He then graduated from the Naval War College with honors in 1924, and was promoted to lieutenant commander. After a tour as chief navigator on the cruiser Iwate, he joined the Imperial Japanese Navy General Staff and was promoted to commander in 1929. He continued to hold a number of staff positions through the 1930s. He was promoted to captain in 1933, and was captain of the battleship Nagato from 1938–1939. He was promoted to rear admiral on 15 November 1939.

Pacific War
Fukudome was first assigned to the Combined Fleet in 1940 to April 1941 (where he conducted aerial torpedo exercises with Admiral Isoroku Yamamoto in early 1940 in contemplation of the proposed attack on Pearl Harbor), which was then under discussion. After his promotion to vice admiral in 1942, he again served as Chief of Staff under Admiral Yamamoto's successor Admiral Mineichi Koga from May 1943 to March 1944,

On 31 March 1944, while traveling by air from Palau to deliver plans for the Japanese counterattack in defense of the Marianas Islands (code named "Z plan") to Japanese headquarters at Davao near British North Borneo, Fukudome became the first flag officer in Japanese history to be captured by the enemy (Filipino guerrillas commanded by Lieutenant Colonel James M. Cushing) after his plane crash landed in a typhoon near Cebu. (Admiral Mineichi Koga, who had been traveling in a separate plane, was killed the same night). He was released to stop reprisals against civilians, costing the lives of numbers of Filipinos and burning dozens of villages by Japanese forces searching for the Admiral and the documents but the battle plans fell into the American hands.

After Koga's death in March 1944, Fukudome became commander-in-chief of the 6th Air Base and 2nd Air Fleet, based in the Kyūshū-Okinawa-Formosa district. He later noted that this appointment was out of convenience, arguing that since he had no experience with naval aviation, his assignment to a newly formed air unit must be because of the immediate need for an officer of flag rank. On 10 October 1944, the headquarters of the 2nd Air Fleet moved from Katori in Chiba Prefecture to Taiwan; at the same time as the headquarters move, the 200 Imperial Japanese Army aircraft present in Taiwan were assigned to him to bolster his 100-aircraft fleet, with additional reinforcements coming in later in smaller quantities over time.

In late October 1944, because of the heavy losses of Japanese air units in the Philippines, Fukudome's responsibility was expanded to cover the Philippines as well. He moved his headquarters to Manila on 22 October. Another 450 aircraft reached Clark Field over the next two days to join the approximately 100 aircraft that were already there under Vice Admiral Takijirō Ōnishi, who became his chief of staff.

In January 1945, the 2nd Air Fleet was dissolved and merged with the 1st Air Fleet. With the merger of the two air fleets in the Philippines, Fukudome was transferred to Singapore to command the IJN 10th Area Fleet, which at the time consisted mainly of the 13th Air Fleet with 450 aircraft (mostly trainers) and the IJN 1st Southern Expeditionary Fleet (2 operational cruisers and other smaller ships). He arrived in Singapore and took over command on 16 January 1945, and remained in this role until the end of the war. Because of the American control of air and sea after the Philippines campaign, he was effectively stranded in Singapore without the ability to affect the outcome of the war in a significant way.

After the war, Fukudome was interrogated in Tokyo between 9–12 December 1945 by Rear Admiral Ralph A. Ofstie of the United States Navy. In addition to the cooperative interrogation with the Americans, Fukudome was also entrusted by the British to take charge of repatriating Japanese nationals from the Singapore area. Once the task of repatriation was accomplished, Fukudome was arrested at the instigation of American prosecutors and accused of war crimes; he was tried by a military tribunal in Singapore in connection with the execution of two downed American airmen during his tenure in Singapore, and found guilty of negligence in the performance of his duties.

Following his release in 1950, Fukudome became a member of a 12-man commission to advise the Japanese government on the organization of the Japanese Self-Defense Force before his death in 1971. His grave is at the Tama Cemetery in Fuchu, outside of Tokyo.

Notable positions held

Equipping Officer, CVS Kamoi – 1 December 1921 – 12 September 1922
Chief Navigator, CVS Kamoi  – 12 September 1922 – 10 December 1922
Staff Officer, 1st Fleet – 8 January 1924 – 15 October 1924
Staff Officer, Combined Fleet – 8 January 1924 – 15 October 1924
Staff Officer, Combined Fleet – 16 November 1933 – 15 November 1934
Staff Officer, 1st Fleet – 16 November 1933 – 15 November 1934
Vice-Chief-of-Staff, China Area Fleet – 25 April 1938 – 15 December 1938
Staff Officer, 3rd Fleet – 25 April 1938 – 15 December 1938
Commanding Officer, Nagato – 15 December 1938 – 5 November 1939
Chief-of-Staff, 1st Fleet – 15 November 1939 – 10 April 1941
Chief-of-Staff, Combined Fleet – 1942 – 31 March 1944
Commander-in-Chief, 2nd Air Fleet – 15 June 1944 – 8 January 1945
Commander-in-Chief, 13th Air Fleet – 13 January 1945 – 15 August 1945

Dates of Promotions

Midshipman – 17 July 1912
Ensign – 1 December 1913
Sublieutenant – 13 December 1915
Lieutenant – 1 December 1918
Lieutenant Commander – 1 December 1924
Commander – 30 November 1929
Captain – 15 November 1933
Rear Admiral – 15 November 1939
Vice Admiral – 1 November 1942

Portrayal in films
Fukudome was one of the characters that appeared in the 1970 American/Japanese war film Tora! Tora! Tora!, where he was portrayed by the Japanese actor Koji Kawamura.

References

Notes

Books

 Barreveld, Dirk Jan (2015). Cushing's Coup, Casemate Publ.

External links

1891 births
1971 deaths
Military personnel from Tottori Prefecture
Japanese admirals of World War II
Japanese people convicted of war crimes
Prisoners and detainees of the British military
People from Yonago, Tottori


Good command on all subjects upto 10th standard. As an engineer myself I know the necessities of practical and theoretical knowledge a student should get. This is what makes me a good teacher. I will focus on deep and thorough knowledge of each and every concept so that children can Excel on the topic in their competition pool. Be it the basic standard or the higher one the study should start from the roots which nowadays the education system of India lacks. Feel free to contact me if you have are looking for such style of teaching.


text:
S. 3309 (102nd)
S. 3309 (102nd): A bill to amend the Peace Corps Act to authorize appropriations for the Peace Corps Act to authorize appropriations for the Peace Corps for fiscal year 1993 and to establish a Peace Corps foreign exchange fluctuations account, and for other purposes.
102nd Congress, 1991–1992
Enacted — Signed by the President on Oct 28, 1992
This bill was enacted after being signed by the President on October 28, 1992.
Pub.L. 102-565
Alan Cranston
Senator for California
Passed Senate (House next)
The bill was passed in a vote in the Senate. It goes to the House next. The vote was by Voice Vote so no record of individual votes was made.
The bill was passed by both chambers in identical form. It goes to the President next who may sign or veto the bill. The vote was without objection so no record of individual votes was made.
Enacted — Signed by the President
The President signed the bill and it became law.
S. 3309 (102nd) was a bill in the United States Congress.
This bill was introduced in the 102nd Congress, which met from Jan 3, 1991 to Oct 9, 1992. Legislation not enacted by the end of a Congress is cleared from the books.
GovTrack.us. (2020). S. 3309 — 102nd Congress: A bill to amend the Peace Corps Act to authorize appropriations for the Peace Corps ... Retrieved from https://www.govtrack.us/congress/bills/102/s3309
"S. 3309 — 102nd Congress: A bill to amend the Peace Corps Act to authorize appropriations for the Peace Corps ..." www.GovTrack.us. 1992. January 20, 2020 <https://www.govtrack.us/congress/bills/102/s3309>
A bill to amend the Peace Corps Act to authorize appropriations for the Peace Corps Act to authorize appropriations for the Peace Corps for fiscal year 1993 and to establish a Peace Corps foreign exchange fluctuations account, and for other purposes, Pub. L. No. 102-565, S. 3309, 102nd Cong. (1992).
|url=https://www.govtrack.us/congress/bills/102/s3309
|title=S. 3309 (102nd)
|author=102nd Congress (1992)
|date=October 2, 1992
|quote=A bill to amend the Peace Corps Act to authorize appropriations for the Peace Corps ...


text:
Liget is a village in Baranya county, Hungary. Liget had a population of 453 as of 2004. Liget coordinates: latitude is 46.2359700, and its longitude 18.1921000.

External links
 Street map
Things to do in Liget, Hungary

Populated places in Baranya County