Wednesday, August 15, 2012

Raiding the bank penalty money pot

Lawyers can't lose. Photo: James Davies
From The Age


A correction is in order regarding the class action against ANZ over the bank's penalty fees.
Reports referred to lawyers “representing customers” - that's not totally correct.
Oh, in a technical sense I suppose ambulance chasers Maurice Blackburn Lawyers are representing customers and no doubt complying with the letter of their ethical obligations, but in practical terms the firm's own self-interest and that of litigation funder IMF are hardly of passing importance.
And while self-generating a rich source of fees, such legal firms have made Australia second only to the United States in the burgeoning class action business - a dubious distinction for our increasingly litigious society.
In my opinion, they have debased a worthwhile and socially valuable legal structure while creating fees for themselves and opportunities for litigation funders to bet on court results.
What makes it worse is the sanctimonious claptrap the firms are wont to sprout, the image they seek of taking on the big bad banks to correct a dreadful injustice. What nonsense - the firms involved were nowhere to be seen when the real work was being done to curtail the banks' penalty fee gouge.
They have merely landed to feed on the corpse well after the event.

Consumer action template
A little history is in order. The anti-penalty fee campaign in Australia was kicked off by Channel 7's Sunrise program in February 2007 on the back of the Office of Fair Trade highlighting the dubious legality of UK bank penalty fees.
Sunrise uncovered the very fine 2004 work by Nicole Rich, supervising solicitor at Victoria's Consumer Law Centre, who provided the legal underpinning of the case here. I was happy to lend a hand to the Sunrise campaign and spread it to Crikey.com.au. Not too long after, Choice joined in with its own attack on penalty fees.
Nicole Rich's study could have been the template for the British consumer action. It comes down to there being no provision in contract law for penalty provisions beyond recouping actual losses.
It didn't take too long for the message to start getting through to the banks.
It had been a very nice little earner, part of the furniture, but once its dodgy legal underpinning was exposed, the racket was bound to end.
NAB read the wind and made a virtue of necessity, gaining some competitive advantage by being the first to cut the odious fees, the rest of the gang of four gradually following suit to a greater or lesser extent.

Charge of the class action brigade
So, with the battle fought and pretty much decided, along come the class action brigade, corral some aggrieved parties on the promise of something for nothing - or perhaps not much for nothing. By the time the litigation funder takes a fat profit and the law firm takes fatter fees, the members of the class (maybe only a minority of all the people who have paid penalty fees of one sort or another over the years) divvy up what's left.
I suspect that for most of us who have copped a penalty fee at various times, it would be enough for a few cups of coffee - but apparently not for some IMF customers.
This action was whipped up on the internet with aggrieved bank victims invited to register for a slice or crumb of the action. The result, according to IMF:
“Bank customers holding 240,000 accounts with claims in excess of $250 million against 12 Australian banks have now entered into litigation funding agreements with IMF. The first class action, against ANZ, was launched on 22 September 2010, involving some 27,000 customers with 40,000 accounts.”
If the ANZ class (27,000 customers with 40,000 accounts) is typical of the total, the average punter signing up with IMF claims to have paid more than $1,543 in penalty fees. And that's the average - some must be claiming a great deal more than that.

Earlier loss
For all the publicity gained for Maurice Blackburn Lawyers this week with their High Court appeal, it's worth remembering they lost most of the first round of this fight. As IMF itself summarises it, they've gone to the High Court because the lower court's judgment was that only late payment fees were capable of being penalties – the other “exception fees” were not.
If this class is reduced only to fighting over those annoying and outrageous late-payment penalty fees, it's hard to believe anyone who was so badly organised as to keep running them up to a significant amount would be so well organised as to keep the detailed records necessary to prove it.

Donation option
Maurice Blackburn Lawyers boasts it is Australia's largest class action law firm, recovering more than $700 million “for groups, individuals, shareholders and businesses that have suffered loss due to illegal behaviour by big business.
“In the past two years, Maurice Blackburn has settled major shareholder class actions against AWB, Multiplex, Centro and Nufarm. In 2011, the firm settled a cartel claim against Amcor and Visy for $120m. It was the largest cartel settlement in Australian corporate history. We are also fighting back against unfair fees imposed by Australian banks including the 'big 4'.”
Oh spare me – “fighting back against unfair fees” sounds so noble when the battle is already pretty much over and the firm is pursuing a lucrative fee-generating avenue. If they were genuine about it, they should donate those fees to the Consumer Law Centre.

Class conflict
The conundrum of the blossoming class action industry is that the “winners” often are members of the same class that are the “losers”. Most of the members of Maurice Blackburn Lawyers' bank customer class also would own shares in the big banks through their superannuation funds and some of their dividend payments over the years would have been funded by penalty fees.
Centro shareholders were understandably annoyed that their board and management didn't do their jobs properly and trashed the company – but the select sub-set who could claim they bought their shares during the period when the difference between short- and long-term loans wasn't noticed managed to take $200 million (minus all the fees) from all shareholders (plus a contribution from auditors PWC).
There's something that doesn't quite gel about the fairness of that.

ASIC endorsed
That the supposed corporate regulator is happy to outsource aspects of its job to the ambulance chasers is another worry. In light of the Centro case, ASIC chairman Greg Medcraft endorsed class action litigation, suggesting it was “a good market-driven solution”, albeit with the waffly qualification that class actions needed to be “done responsibly”, whatever that means.
It's certainly a good market-driven solution for IMF.
Litigation funding provides a valuable service for those with a strong case but don't have deep enough pockets to take on a rich adversary in a legal system that remains weighted towards the wealthy – and it's proven a nice little earner.
As of June 30, IMF, a listed company, enjoyed a “case investment portfolio” of 25 cases with a total estimated claim value of $1.23 billion.
The company's website explains that IMF's commission normally ranges between 20 and 45 per cent of recoveries, plus costs and a project management fee. On the other hand, if the action fails, IMF typically is up for the customer's legal costs and perhaps those of the other side.
This year's annual results are pending, but 2011 saw a near doubling of net profit before tax to $33 million. And the annual report suggested the outlook for more is looking promising with that strong pipeline of cases “augmented with the establishment of a US subsidiary and New York office”.
Litigation funding to the US, coals to Newcastle, ice cream to the Eskimos…
PS In response to my question about how much the members of the Centro class action actually received, Maurice Blackburn Lawyers refer to an announcement to the ASX by IMF.
Of the $200 million Centro settlement, $150 million was for the Maurice Blackburn action, of which about $90 million was distributed to members of the class. IMF retained the balance. After legal  and other fees (including Maurice Blackburn’s) and overheads, IMF’s profit before tax was approximately $42 million.
Maurice Blackburn also said it was retained by the CLC and advised them for free, helping form the basis of Ms Rich’s fine work.
“We then continued to work with the CLC for years to build the class action case. We weren’t in a position to proceed with the case until IMF came on board in the role it’s currently playing,” the firm said. “Without the work and intervention of Maurice Blackburn and IMF, the thousands of Australians we represent would have no recourse to recover their money.”

Michael Pascoe is a BusinessDay contributing editor.

Wednesday, April 25, 2012

Lend Lease subsidiary hit with $54m fine

From The Age April 25, 2012 - 2:22PM

 (Read to the end ... there's a punchline)

A US subsidiary of the Australia's Lend Lease Construction has admitted to a 10-year overbilling scheme on New York area projects and will pay $US56 million ($A54.3 million) in fines and victim restitution, prosecutors said. Bovis Lend Lease, as the subsidiary was previously known, has its largest US office in New York City, where it employs more than 1,000 people and has worked on projects such as the September 11 Memorial in Lower Manhattan and the Citi Field baseball stadium in Queens. Federal prosecutors in Brooklyn said the company pleaded guilty to criminal charges it had a "systematic practice" between 1999 and 2009 of billing clients -- often government agencies -- for hours its workers had never worked. Advertisement: Story continues below "Today's proceedings mark the culmination of a three-year investigation into a systematic pattern of audacious fraud by one of the world's largest construction firms," FBI Assistant Director in Charge Janice Fedarcyk said in a statement. Prosecutors said that the former head of Bovis' New York office, James Abadie, 55, pleaded guilty earlier on Tuesday to charges of conspiracy to commit mail and wire fraud. Abadie faces up to 20 years in prison. An attorney for Abadie, Stephen Kaufman, did not immediately return a call seeking comment. Bovis agreed to pay $US56 million in penalties and victim restitution as part of a deferred prosecution agreement made public on Tuesday. The agreement showed Bovis had accepted responsibility for the fraud and was cooperating with investigators. As part of the agreement, the company would put in place new internal controls to prevent any future misconduct. "Lend Lease takes corporate governance very seriously and is committed to the highest levels of ethical standards," Robert McNamara, the chief executive of Lend Lease in the Americas, said in a statement. "We accept responsibility for what happened in the past and have agreed to continue to make restitution to the affected clients." Bovis agreed to pay $US40.5 million in penalties as well as $US13.6 million and $US2.5 million to victims of different sets of schemes, the deferred prosecution agreement showed. In one scheme, Bovis lied about employing construction companies owned by women and minorities to qualify for public projects in New York and New Jersey, court documents said.  

The Bovis overbilling scheme concerned projects such as the construction of a criminal court in the Bronx, as well as work on the Brooklyn federal courthouse, the very building in which Bovis was charged.

The cases are US v. James Abadie and US v. Lend Lease (US) Construction LMB, US District Court for the Eastern District of New York, No. 12-274 and 12-288. Read more: http://www.theage.com.au/business/lend-lease-subsidiary-hit-with-54m-fine-20120425-1xkw4.html#ixzz1t3ZaNbtm

Friday, September 30, 2011

Study finds 'science' makes people sing YMCA




From The Age

Catchy tunes have a scientific "X-factor" that make them singalong hits, British experts have revealed.

Researchers wanted to know why certain songs inspired unabashed wedding guests and clubbers to belt out their favourites in public.

They solved the karaoke conundrum after observing thousands of volunteers as they lent their voices to a long list of tunes.

Singalong songs contained four key elements, the scientists discovered.

These were: long and detailed musical phrases, multiple pitch changes in a song's "hook", male vocalists, and higher male voices making a noticeable vocal effort.

Using this formula, the researchers then compiled a list of the 10 most singalong-able hits.

Number One was We are the Champions by rock group Queen.

Taking the next five places in the singalong chart were YMCA by Village People, Fat Lip by Sum 41, The Final Countdown by Europe, and Monster by The Automatic.

Music psychologist Dr Daniel Mullensiefen, from Goldsmiths University of London, said: "Every musical hit is reliant on maths, science, engineering and technology; from the physics and frequencies of sound that determine pitch and harmony, to the hi-tech digital processors and synthesisers which can add effects to make a song more catchy.

"We've discovered that there's a science behind the singalong and a special combination of neuroscience, maths and cognitive psychology can produce the elusive elixir of the perfect singalong song.

"We hope that our study will inspire musicians of the future to crack the equation for the textbook tune."

The findings were released to coincide with the final call for entries to Britain's 2012 National Science and Engineering Competition, which is open to young people undertaking science and technology projects.

Ex-Queen guitarist Brian May commented: "Fabulous, so it's proved then? We truly are the champions."

Male vocalists are important because singing along to a song is a "subconscious war cry", the researchers believe.

Psychologically, people looked to men to lead them into battle.

Vocal effort indicated high energy and purpose, especially when combined with a smaller vocal range.

Examples of "high effort" male singers included Freddie Mercury of Queen and Jon Bon Jovi.

Other songs on the singalong list included Ruby by the Kaiser Chiefs, I'm Always Here by Jimi Jamison, Brown Eyed Girl by Van Morrison, Teenage Dirtbag by Wheatus, and Livin' on a Prayer by Bon Jovi.

Read more: http://www.theage.com.au/entertainment/music/study-finds-science-makes-people-sing-ymca-20110929-1kz1f.html#ixzz1ZQZb40EY


Read more: http://www.theage.com.au/entertainment/music/study-finds-science-makes-people-sing-ymca-20110929-1kz1f.html#ixzz1ZQZH4ElH

Wednesday, September 21, 2011

Why natural talent is overrated

From The Age September 20, 2011 - 4:36PM


Tiger Woods.

Tiger Woods' father had studied the most effective methods for training young men. Photo: Getty Imageshttp://www.blogger.com/img/blank.gif

Very few of the world’s great achievers were born with any real degree of talent, according to the book Talent is Overrated, by Geoff Colvin.

The book covers great performers from all fields, examining how much of a part talent played in their success.

For example Mozart was born to a father who was a professional music composer and an expert in teaching music, particularly to young men.
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Tiger Woods was born to an amateur golfer who also studied the most effective strategies for training young men. Before Tiger could walk, his father would take him to the garage, sit him in his high chair and start to hit golf balls in to a net in the garage. “It was as if he was watching a movie,” Tiger’s father said, according to the book.

In both case studies, both Mozart and Tiger have been labeled through the ages as exceptionally talented. Yet when looking into their history it becomes apparent that there was more at work than just pure talent.

One of Tiger’s childhood coaches once remarked that Tiger “was like Mozart.” According to these accounts, indeed he was.

The research in the field shows that ‘talent’, a natural aptitude in a specific field, does exist yet when it comes to being great in a particular field, it is irrelevant.
So what makes all the difference?

Francis Galton, who authored the book Hereditary Genius in 1869, coined the term “nature versus nurture”.

Galton argued that people had innate limits in what they could achieve in life, and regardless of the work they put in, they would never break past these predetermined boundaries. At which time, it’s best if they just accept it, stay within their boundaries and “find true moral repose in an honest conviction that he is engaged in as much good work as his nature rendered him capable of performing’’. In other words, give up and be content.

This explains a lot of the thought patterns in our culture that surround great performers and the notion that they operate at an unattainable standard. You either have it or you don’t.

Over 100 years has passed but the research continues. Hundreds of studies have been done on the subject; the employees whose performance had plateaued for years, seemingly hitting their “rigidly determinate natural limits”, only to a see a consistent improvement in performance after new incentives were offered.

In his now famous paper, The Role of Deliberate Practice in the Acquisition of Expert Performance, Anders Ericsson concludes that “the search for stable heritable characteristics that could predict or at least account for superior performance…has been surprisingly unsuccessful’’. Meaning after countless case studies, researchers found no relationship between natural talent and great performance.

However at the time of this paper, “natural talent” was still the favoured theory when it came to high achievers. To this the authors indicate, “the conviction in the importance of talent appears to be based on the insufficiency of alternative hypothesis’’. That means people believe in ‘talent’ because they don’t have an alternative.

Until now.

Recent research indicates that the number one determinant when looking at the greats is what has become known as ‘deliberate practice’.

This is not the same as saying ‘experience matters’. Often people who have 20 years experience are found to be performing at a lesser standard to those that have been in a particular field for five years.

Experience alone does not make the difference. Practice alone will not make you great. For example you may go to the driving range and hit golf balls for an hour, going through the motions, making your way through the irons and eventually getting the drivers. However if there isn’t specific concentration and thought going into every stroke and it is simply a form of entertainment, this doesn’t constitute deliberate practice.

It can be similar for people who have remained in the same industry for 20 years. If they haven’t been constantly learning more, seeking feedback and bettering themselves it may be more like one year of experience repeated 20 times.

Deliberate practice has been found to encompass five characteristics:

1. It is designed specifically to improve performance

The exercise often needs to be designed by a teacher or mentor who understands what your weaknesses are and what needs to be done to improve.

The activities need to be designed to stretch you and push you outside your comfort zone. Tiger Woods will drop a golf ball into a sand bunker, step on it, and then play the stroke and he will do that thousands of times until he is exhausted. Tiger may only play that stroke a handful of times through his career, but when he comes to it he is well rehearsed in how to execute.

2. It can be repeated a lot

Repetition counts. Repetition alone however is not good enough, but when focusing on a particular skill-set with a clear outcome, there needs to be high repetition.

In business this can be achieved through role-play and rehearsal. When preparing for a high stakes show in Madison Square Garden on New Year’s Eve, Chris Rock performed 18 dress rehearsal evenings in small clubs across America, perfecting his material with every laugh.

3. Feedback on results is continually available

In business, feedback is everywhere and often it comes in the form of failure; a proposal that didn’t get through, a presentation that didn’t hit, a deal which fell over. Rather than looking at these experiences as failures, if we can examine what happened and take from it an understanding of what to do differently next time, there is our feedback. This is best done with a mentor or manager.

4. It is highly demanding mentally

Several studies have shown that four or five hours a day seems to be the most we can engage in deliberate practice. This is due to the mental exhaustion that accompanies it.

Even professional athletes that may be hitting more tennis balls in a day than most people do in a year, report that at the end of the day it is the mental exhaustion, not the physical exhaustion, that is most obvious.

5. It isn’t fun

Often people can have a romantic notion of what it is to be an ‘entrepreneur’. These notions don’t usually make it past the first year.

Doing what we’re good at is enjoyable. However when you take what you are good at, hone in on your weaknesses and repeat a deliberately designed exercise to the point of mental exhaustion, often it is not fun.http://www.blogger.com/img/blank.gif

This is of course a good thing. If it were easy – everyone would be doing it.

The research highlights that when looking at business moguls such as Branson, Gates or Trump, we no longer have an excuse to write them off as being “on another level” or “unbelievably talented.” Admittedly these people may be on another level today, however the studies show that they weren’t born there. It was through hours, years and decades of deliberate practice, that they were able to attain a level of performance somewhat resembling greatness.

As Colvin concludes: “great performance is not reserved for a preordained few. It is available to you and everyone

Read more here:

Friday, August 12, 2011

Scientists lose hypersonic aircraft on test flight



From The Age August 12, 2011

Hopes of fast-tracking an experimental aircraft that could fly from Sydney to London in 49 minutes have taken a nosedive with US military scientists today losing the plane during testing.

They launched the hypersonic aircraft but lost contact with the experimental plane as it flew over the Pacific Ocean in its second test flight.

The Defense Advanced Research Projects Agency (DARPA) says the unmanned Falcon hypersonic technology vehicle (HTV-2), designed as a global bomber prototype capable of a mind-boggling 20 times the speed of sound, launched successfully from California aboard a Minotaur IV rocket.



But after the plane separated from the rocket in the upper reaches of the atmosphere for its "glide" phase, contact was lost, DARPA says.

"Range assets have lost telemetry with HTV2," DARPA wrote in a Twitter post after the launch.

The agency provided no other details about the flight or how long it had been separated from the rocket.

Last year, scientists lost contact with the HTV-2 after nine minutes in its inaugural flight.

The hypersonic plane, which is supposed to travel at Mach 20, or 21,000 km/h, could potentially provide the US military with a platform for striking targets anywhere on the planet within minutes using conventional weapons.

Such a weapon, still in development, is part of what the US Air Force has dubbed "prompt global strike" capability.

"The ultimate goal is a capability that can reach anywhere in the world in less than an hour," DARPA said on its website.

In theory, the Falcon could travel between New York City and Los Angeles in less than 12 minutes.

Unlike a ballistic missile, a hypersonic vehicle could manoeuvre and avoid flying along a predictable path. Moreover, analysts say it would not be mistaken for a nuclear missile, avoiding the possibility of triggering a nuclear confrontation.

But Loren Thompson, an analyst at Lexington Institute with links to the defense industry, said there was still much work to be done before the hypersonic bomber becomes a reality.

"The military has a long way to go before hypersonic vehicles are ready for deployment," Thompson told AFP.

After separating from the rocket on Thursday, the Falcon undertook some manoeuvres before contact was lost, DARPA said.

The test flight plan called for the Falcon to eventually roll and dive into the Pacific Ocean.

AFP



Read more: http://www.theage.com.au/technology/sci-tech/scientists-lose-hypersonic-aircraft-on-test-flight-20110812-1ipgq.html#ixzz1UlamboB8


Tuesday, May 17, 2011

Exploding watermelons rock China

From The Age
May 17, 2011 - 5:29PM

The overuse of a chemical that helps fruit grow faster is cauhttp://www.blogger.com/img/blank.gifsing a rash of exploding watermelons in eastern China.

An investigative report by China Central Television found farms in Jiangsu province were losing hectares of fruit to the problem.

It said farmers sprayed too much growth promoter, hoping they could get fruit to market before the season and make more money.
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China is battling rampant misuse of pesticides, fertilisers and food additives, such as dyes and sweeteners, meant to make food more attractive and increase sales.

Read more: http://www.theage.com.au/world/exploding-watermelons-rock-china-20110517-1er3c.html#ixzz1Mbv8me8M

Wednesday, January 12, 2011

Cash Value of Urban Greenery



Source: www.edwardtufte.com

Three-headed fish found on Sunshine Coast


Two-headed fish eggs. (Above)

Source: www.brisbanetimes.com.au

More mutant fish have been found at a Noosa fish hatchery, including mullet embryos with two and three heads.

The discoveries come after seven mullet - four females and three males taken from the Noosa River, were given to the Sunland Freshwater Fish Hatchery at Boreen Point for breeding this month.

Fifty per cent of embryos found during two separate spawning events on July 5 and 6 had some form of cell abnormality, including some with two heads. A single mullet fry was found with three heads.

Advertisement: Story continues below Some of the mutant eggs and embryos have been preserved for scientific testing, while authorities will attempt to retrieve seven mullet and other abnormal material after Sunland staff disposed of them.

The mutant fish are the second batch of abnormal specimens to appear at Sunland, after the discovery of two-headed bass larvae sparked a Department of Primary Industries and Fisheries inquiry last year.

Owner Gwen Gilson has complained that chemicals sprayed at a nearby macadamia farm may be to blame for the genetic defects and large numbers of fish deaths at Sunland.

Last month, the Noosa Fish Health Investigation Taskforce's first interim report found it was "possible" chemical sprays caused the mass fish deaths and deformities, however, the report failed identify the chemical at fault or its source.

Last week, Primary Industries and Fisheries Minister Tim Mulherin said a full investigation would be carried out over the fresh discoveries and more Noosa River fish Bred at a bribie Island testing facility in an effort to pinpoint the problem.

"The incident will be included in the taskforce's broader investigation into any links between fish health problems at the hatchery and the local Noosa River ecosystem," Mr Mulherin said.

Meanwhile, Ms Gilson said her fish hatchery business was "going down the tubes" and she could not keep up with the number of samples biosecurity authorities needed to do testing.

"We are the only ones handing over information; but if you only have half the data how can you work out whats happening?" she told The Sunshine Coast Daily.

"All the neighbours are scared when they hear the tractors (spraying) they (the farm) do not have to tell us when they are doing it."

Tuesday, September 14, 2010

in the path of "onrushing luck"




Originally published on theage.com.au

Lucky people arrange their lives in characteristic patterns, Gunther said, and tend to position themselves in the path of "onrushing luck".

Here are his 13 tips to turn your luck around:

1. Never confuse luck with planning:

When a desired outcome is brought about by luck, you must acknowledge that fact. If you confuse luck with planning, you will all but guarantee that your luck, in the long run, will be bad.

2. Find the fast flow:

Go where events flow fastest, surround yourself with a churning mass of people and things will happen. It doesn't matter if you are a quiet person; all you need to do is meet a lot of people and let them know who you are. Then they will direct opportunities your way.

3. Take calculated risks:

There are two ways to be an almost sure loser in life. One is to take risks that are out of proportion to the rewards being sought.

The other is to take no risks at all. Lucky people, characteristically, avoid both extremes.

4. Know when to cut and run:

Always assume that a run of luck is going to be short, never try to ride a run to its peak.

You will virtually always be right as the law of averages is heavily on your side.

5. Know how to select luck:

Is there some likelihood that the problems with your investment - whether it be time, money or love - will go away? Do you have some realistic hope of fixing them?

If so, you should stay aboard. If not, you should get out and look for better luck elsewhere.

6. Take the zig zag path:

Despite what many people think the path to success is rarely a straight line. Lucky men and women, on the whole, are not straight-line strugglers.

They not only allow themselves to be distracted, they invite distraction.

A plan should be used as a guide only and if something better comes along the plan should be discarded immediately without regret.

7. Supernatural belief can help:

Not because it makes you more lucky but because it helps you make impossible choices. Sometimes there is no rational choice to make, yet the worst reaction is to do nothing.

A supernatural belief can enable people to get into a potentially winning position simply by helping them make choices.

8. Be a bit pessimistic:

Lucky people, as a breed, tend to be pessimistic. Optimism means expecting the best, but good luck involves knowing how you will handle the worst.

9. Learn to keep your mouth shut:

Talk can tie you up and lock you in positions that seem right today but may be wrong tomorrow. Avoid unnecessary talk about your problems, plans and feelings. When there is no good reason to say something, say nothing.

10. Recognise a non-lesson:

There are experiences in life that seem to be lessons but aren't.

Recognise when something was just bad luck and move on.

11. Accept the universe is unfair:

All of us, the good, the bad and the in-between, are all equally likely to realise our fondest dreams or contract cancer.

12. Be willing to be busy:

The more activities you have going the greater the likelihood that something good will happen.

13. Find a destiny partner:

This is someone who is someone who changes your luck over a long term. This person is not necessarily a romantic partner and is usually just found by blind luck but it can help if you are actively looking.

Wednesday, August 25, 2010

Design For the First World - The Rest Saving the West



Our fellows in the first world often come to visit and give us their well intentioned but often very problematic "solutions". We thought, why don’t we pay back? Dx1W is a competition for designers, artists, scientists, makers and thinkers in developing countries to provide solutions for First World problems.

Link here: Design For the First World

Designers Without Borders

The Feel-Good Alternative

It’s said that altruism results in elevated serotonin levels.1 Be the first on your block to own one of these rapturous Samaritan testaments. $18 post paid. You can have any color you want, as long as it’s black. Show ’em what kind of drugs you’re on!



Above: Serotonin Tee

Please designate size: s,m,l,xl. All proceeds benefit Designers Without Borders.

To make a purchase click the tax-deductible donation button here.

Wednesday, March 24, 2010

austraia lacks legislatable human rights

check out what appears to be a petition by get up australia in relation to a government call out about the lack of human rights in australia or one of the consequences of not having a bill of rights like in the us or a consitution based on individual rights (correct me if that's wrong)

7. Conclusion
This consultation is long-overdue and most welcome. GetUp is proud to have been able to play such an involved role in giving voice to everyday Australians’ concerns on a whole range of issues that come under the protective umbrella of human rights protection, and we thank the Committee for their work towards the same aim.
When asked, it is clear that Australians care about and are willingly to respond to the issue of human rights protection more than it would generally be expected.
When asked, it is clear that many Australians were simply waiting for the opportunity to be heard on matters that are of everyday importance to them.
‘Human rights’ are not some abstract legal strictures within which we wish to confine our legislatures; they are recognition of the inherent dignity with which we all expect to conduct our lives and the recognition that that depends on us working together to allow the other a fruitful and peaceful enjoyment of being.
Framed in such terms, a formal recognition of rights reflects and accommodates a society well-equipped to meet and overcome challenges together. It is obviously advisable to work towards such an Australia.
We eagerly await the Government’s response to the Committee’s recommendations, and
have our army of concerned citizens mobilised to see their human rights concerns adequately reflected in legislative protection.
Thank you for your consideration,
The GetUp team

check our get up's original document here: http://www.getup.org.au/files/campaigns/getuphumanrightssubmission.pdf

Friday, February 26, 2010

Top 10: Steps to a better brain


From New Scientist print edition, 28 May 2005



It doesn't matter how brainy you are or how much education you've had - you can still improve and expand your mind. Boosting your mental faculties doesn't have to mean studying hard or becoming a reclusive book worm. There are lots of tricks, techniques and habits, as well as changes to your lifestyle, diet and behaviour that can help you flex your grey matter and get the best out of your brain cells. And here are 10 of them.

1. Smart drugs

2. Food for thought

3. The Mozart effect

4. Gainful employment

5. Memory marvels

6. Sleep on it

7. Body and mind

8. Nuns on a run

9. Attention seeking

10. Positive feedback

----

1. Smart drugs

Does getting old have to mean worsening memory, slower reactions and fuzzy thinking?

AROUND the age of 40, honest folks may already admit to noticing changes in their mental abilities. This is the beginning of a gradual decline that in all too many of us will culminate in full-blown dementia. If it were possible somehow to reverse it, slow it or mask it, wouldn't you?

A few drugs that might do the job, known as "cognitive enhancement", are already on the market, and a few dozen others are on the way. Perhaps the best-known is modafinil. Licensed to treat narcolepsy, the condition that causes people to suddenly fall asleep, it has notable effects in healthy people too. Modafinil can keep a person awake and alert for 90 hours straight, with none of the jitteriness and bad concentration that amphetamines or even coffee seem to produce.

In fact, with the help of modafinil, sleep-deprived people can perform even better than their well-rested, unmedicated selves. The forfeited rest doesn't even need to be made good. Military research is finding that people can stay awake for 40 hours, sleep the normal 8 hours, and then pull a few more all-nighters with no ill effects. It's an open secret that many, perhaps most, prescriptions for modafinil are written not for people who suffer from narcolepsy, but for those who simply want to stay awake. Similarly, many people are using Ritalin not because they suffer from attention deficit or any other disorder, but because they want superior concentration during exams or heavy-duty negotiations. The pharmaceutical pipeline is clogged with promising compounds - drugs that act on the nicotinic receptors that smokers have long exploited, drugs that work on the cannabinoid system to block pot-smoking-type effects. Some drugs have also been specially designed to augment memory. Many of these look genuinely plausible: they seem to work, and without any major side effects.

So why aren't we all on cognitive enhancers already? "We need to be careful what we wish for," says Daniele Piomelli at the University of California at Irvine. He is studying the body's cannabinoid system with a view to making memories less emotionally charged in people suffering from post-traumatic stress disorder. Tinkering with memory may have unwanted effects, he warns. "Ultimately we may end up remembering things we don't want to."

Gary Lynch, also at UC Irvine, voices a similar concern. He is the inventor of ampakines, a class of drugs that changes the rules about how a memory is encoded and how strong a memory trace is - the essence of learning (see New Scientist, 14 May, p 6). But maybe the rules have already been optimised by evolution, he suggests. What looks to be an improvement could have hidden downsides.

Still, the opportunity may be too tempting to pass up. The drug acts only in the brain, claims Lynch. It has a short half-life of hours. Ampakines have been shown to restore function to severely sleep-deprived monkeys that would otherwise perform poorly. Preliminary studies in humans are just as exciting. You could make an elderly person perform like a much younger person, he says. And who doesn't wish for that?

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2. Food for thought

You are what you eat, and that includes your brain. So what is the ultimate mastermind diet?

YOUR brain is the greediest organ in your body, with some quite specific dietary requirements. So it is hardly surprising that what you eat can affect how you think. If you believe the dietary supplement industry, you could become the next Einstein just by popping the right combination of pills. Look closer, however, and it isn't that simple. The savvy consumer should take talk of brain-boosting diets with a pinch of low-sodium salt. But if it is possible to eat your way to genius, it must surely be worth a try.

First, go to the top of the class by eating breakfast. The brain is best fuelled by a steady supply of glucose, and many studies have shown that skipping breakfast reduces people's performance at school and at work.

But it isn't simply a matter of getting some calories down. According to research published in 2003, kids breakfasting on fizzy drinks and sugary snacks performed at the level of an average 70-year-old in tests of memory and attention. Beans on toast is a far better combination, as Barbara Stewart from the University of Ulster, UK, discovered. Toast alone boosted children's scores on a variety of cognitive tests, but when the tests got tougher, the breakfast with the high-protein beans worked best. Beans are also a good source of fibre, and other research has shown a link between a high-fibre diet and improved cognition. If you can't stomach beans before midday, wholemeal toast with Marmite makes a great alternative. The yeast extract is packed with B vitamins, whose brain-boosting powers have been demonstrated in many studies.

A smart choice for lunch is omelette and salad. Eggs are rich in choline, which your body uses to produce the neurotransmitter acetylcholine. Researchers at Boston University found that when healthy young adults were given the drug scopolamine, which blocks acetylcholine receptors in the brain, it significantly reduced their ability to remember word pairs. Low levels of acetylcholine are also associated with Alzheimer's disease, and some studies suggest that boosting dietary intake may slow age-related memory loss.

A salad packed full of antioxidants, including beta-carotene and vitamins C and E, should also help keep an ageing brain in tip-top condition by helping to mop up damaging free radicals. Dwight Tapp and colleagues from the University of California at Irvine found that a diet high in antioxidants improved the cognitive skills of 39 ageing beagles - proving that you can teach an old dog new tricks.

Round off lunch with a yogurt dessert, and you should be alert and ready to face the stresses of the afternoon. That's because yogurt contains the amino acid tyrosine, needed for the production of the neurotransmitters dopamine and noradrenalin, among others. Studies by the US military indicate that tyrosine becomes depleted when we are under stress and that supplementing your intake can improve alertness and memory.

Don't forget to snaffle a snack mid-afternoon, to maintain your glucose levels. Just make sure you avoid junk food, and especially highly processed goodies such as cakes, pastries and biscuits, which contain trans-fatty acids. These not only pile on the pounds, but are implicated in a slew of serious mental disorders, from dyslexia and ADHD (attention deficit hyperactivity disorder) to autism. Hard evidence for this is still thin on the ground, but last year researchers at the annual Society for Neuroscience meeting in San Diego, California, reported that rats and mice raised on the rodent equivalent of junk food struggled to find their way around a maze, and took longer to remember solutions to problems they had already solved.

It seems that some of the damage may be mediated through triglyceride, a cholesterol-like substance found at high levels in rodents fed on trans-fats. When the researchers gave these rats a drug to bring triglyceride levels down again, the animals' performance on the memory tasks improved.

Brains are around 60 per cent fat, so if trans-fats clog up the system, what should you eat to keep it well oiled? Evidence is mounting in favour of omega-3 fatty acids, in particular docosahexaenoic acid or DHA. In other words, your granny was right: fish is the best brain food. Not only will it feed and lubricate a developing brain, DHA also seems to help stave off dementia. Studies published last year reveal that older mice from a strain genetically altered to develop Alzheimer's had 70 per cent less of the amyloid plaques associated with the disease when fed on a high-DHA diet.

Finally, you could do worse than finish off your evening meal with strawberries and blueberries. Rats fed on these fruits have shown improved coordination, concentration and short-term memory. And even if they don't work such wonders in people, they still taste fantastic. So what have you got to lose?

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3. The Mozart effect

Music may tune up your thinking, but you can't just crank up the volume and expect to become a genius

A DECADE ago Frances Rauscher, a psychologist now at the University of Wisconsin at Oshkosh, and her colleagues made waves with the discovery that listening to Mozart improved people's mathematical and spatial reasoning. Even rats ran mazes faster and more accurately after hearing Mozart than after white noise or music by the minimalist composer Philip Glass. Last year, Rauscher reported that, for rats at least, a Mozart piano sonata seems to stimulate activity in three genes involved in nerve-cell signalling in the brain.

This sounds like the most harmonious way to tune up your mental faculties. But before you grab the CDs, hear this note of caution. Not everyone who has looked for the Mozart effect has found it. What's more, even its proponents tend to think that music boosts brain power simply because it makes listeners feel better - relaxed and stimulated at the same time - and that a comparable stimulus might do just as well. In fact, one study found that listening to a story gave a similar performance boost.

There is, however, one way in which music really does make you smarter, though unfortunately it requires a bit more effort than just selecting something mellow on your iPod. Music lessons are the key. Six-year-old children who were given music lessons, as opposed to drama lessons or no extra instruction, got a 2 to 3-point boost in IQ scores compared with the others. Similarly, Rauscher found that after two years of music lessons, pre-school children scored better on spatial reasoning tests than those who took computer lessons.

Maybe music lessons exercise a range of mental skills, with their requirement for delicate and precise finger movements, and listening for pitch and rhythm, all combined with an emotional dimension. Nobody knows for sure. Neither do they know whether adults can get the same mental boost as young children. But, surely, it can't hurt to try.

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4. Gainful employment

Put your mind to work in the right way and it could repay you with an impressive bonus.

UNTIL recently, a person's IQ - a measure of all kinds of mental problem-solving abilities, including spatial skills, memory and verbal reasoning - was thought to be a fixed commodity largely determined by genetics. But recent hints suggest that a very basic brain function called working memory might underlie our general intelligence, opening up the intriguing possibility that if you improve your working memory, you could boost your IQ too.

Working memory is the brain's short-term information storage system. It's a workbench for solving mental problems. For example if you calculate 73 - 6 + 7, your working memory will store the intermediate steps necessary to work out the answer. And the amount of information that the working memory can hold is strongly related to general intelligence.

A team led by Torkel Klingberg at the Karolinska Institute in Stockholm, Sweden, has found signs that the neural systems that underlie working memory may grow in response to training. Using functional magnetic resonance imaging (fMRI) brain scans, they measured the brain activity of adults before and after a working-memory training programme, which involved tasks such as memorising the positions of a series of dots on a grid. After five weeks of training, their brain activity had increased in the regions associated with this type of memory (Nature Neuroscience, vol 7, p 75).

Perhaps more significantly, when the group studied children who had completed these types of mental workouts, they saw improvement in a range of cognitive abilities not related to the training, and a leap in IQ test scores of 8 per cent (Journal of the American Academy of Child and Adolescent Psychiatry, vol 44, p 177). It's early days yet, but Klingberg thinks working-memory training could be a key to unlocking brain power. "Genetics determines a lot and so does the early gestation period," he says. "On top of that, there is a few per cent - we don't know how much - that can be improved by training."

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5. Memory marvels

Mind like a sieve? Don't worry. The difference between mere mortals and memory champs is more method than mental capacity

AN AUDITORIUM is filled with 600 people. As they file out, they each tell you their name. An hour later, you are asked to recall them all. Can you do it? Most of us would balk at the idea. But in truth we're probably all up to the task. It just needs a little technique and dedication.

First, learn a trick from the "mnemonists" who routinely memorise strings of thousands of digits, entire epic poems, or hundreds of unrelated words. When Eleanor Maguire from University College London and her colleagues studied eight front runners in the annual World Memory Championships they did not find any evidence that these people have particularly high IQs or differently configured brains. But, while memorising, these people did show activity in three brain regions that become active during movements and navigation tasks but are not normally active during simple memory tests.

This may be connected to the fact that seven of them used a strategy in which they place items to be remembered along a visualised route (Nature Neuroscience, vol 6, p 90). To remember the sequence of an entire pack of playing cards for example, the champions assign each card an identity, perhaps an object or person, and as they flick through the cards they can make up a story based on a sequence of interactions between these characters and objects at sites along a well-trodden route.

Actors use a related technique: they attach emotional meaning to what they say. We always remember highly emotional moments better than less emotionally loaded ones. Professional actors also seem to link words with movement, remembering action-accompanied lines significantly better than those delivered while static, even months after a show has closed.

Helga Noice, a psychologist from Elmhurst College in Illinois, and Tony Noice, an actor, who together discovered this effect, found that non-thesps can benefit by adopting a similar technique. Students who paired their words with previously learned actions could reproduce 38 per cent of them after just 5 minutes, whereas rote learners only managed 14 per cent. The Noices believe that having two mental representations gives you a better shot at remembering what you are supposed to say.

Strategy is important in everyday life too, says Barry Gordon from Johns Hopkins University in Baltimore, Maryland. Simple things like always putting your car keys in the same place, writing things down to get them off your mind, or just deciding to pay attention, can make a big difference to how much information you retain. And if names are your downfall, try making some mental associations. Just remember to keep the derogatory ones to yourself.

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6. Sleep on it

Never underestimate the power of a good night's rest

SKIMPING on sleep does awful things to your brain. Planning, problem-solving, learning, concentration,working memory and alertness all take a hit. IQ scores tumble. "If you have been awake for 21 hours straight, your abilities are equivalent to someone who is legally drunk," says Sean Drummond from the University of California, San Diego. And you don't need to pull an all-nighter to suffer the effects: two or three late nights and early mornings on the trot have the same effect.

Luckily, it's reversible - and more. If you let someone who isn't sleep-deprived have an extra hour or two of shut-eye, they perform much better than normal on tasks requiring sustained attention, such taking an exam. And being able to concentrate harder has knock-on benefits for overall mental performance. "Attention is the base of a mental pyramid," says Drummond. "If you boost that, you can't help boosting everything above it."

These are not the only benefits of a decent night's sleep. Sleep is when your brain processes new memories, practises and hones new skills - and even solves problems. Say you're trying to master a new video game. Instead of grinding away into the small hours, you would be better off playing for a couple of hours, then going to bed. While you are asleep your brain will reactivate the circuits it was using as you learned the game, rehearse them, and then shunt the new memories into long-term storage. When you wake up, hey presto! You will be a better player. The same applies to other skills such as playing the piano, driving a car and, some researchers claim, memorising facts and figures. Even taking a nap after training can help, says Carlyle Smith of Trent University in Peterborough, Ontario.

There is also some evidence that sleep can help produce moments of problem-solving insight. The famous story about the Russian chemist Dmitri Mendeleev suddenly "getting" the periodic table in a dream after a day spent struggling with the problem is probably true. It seems that sleep somehow allows the brain to juggle new memories to produce flashes of creative insight. So if you want to have a eureka moment, stop racking your brains and get your head down.

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7. Body and mind

Physical exercise can boost brain as well as brawn

IT'S a dream come true for those who hate studying. Simply walking sedately for half an hour three times a week can improve abilities such as learning, concentration and abstract reasoning by 15 per cent. The effects are particularly noticeable in older people. Senior citizens who walk regularly perform better on memory tests than their sedentary peers. What's more, over several years their scores on a variety of cognitive tests show far less decline than those of non-walkers. Every extra mile a week has measurable benefits.

It's not only oldies who benefit, however. Angela Balding from the University of Exeter, UK, has found that schoolchildren who exercise three or four times a week get higher than average exam grades at age 10 or 11. The effect is strongest in boys, and while Balding admits that the link may not be causal, she suggests that aerobic exercise may boost mental powers by getting extra oxygen to your energy-guzzling brain.

There's another reason why your brain loves physical exercise: it promotes the growth of new brain cells. Until recently, received wisdom had it that we are born with a full complement of neurons and produce no new ones during our lifetime. Fred Gage from the Salk Institute in La Jolla, California, busted that myth in 2000 when he showed that even adults can grow new brain cells. He also found that exercise is one of the best ways to achieve this.

In mice, at least, the brain-building effects of exercise are strongest in the hippocampus, which is involved with learning and memory. This also happens to be the brain region that is damaged by elevated levels of the stress hormone cortisol. So if you are feeling frazzled, do your brain a favour and go for a run.

Even more gentle exercise, such as yoga, can do wonders for your brain. Last year, researchers at the University of California, Los Angeles, reported results from a pilot study in which they considered the mood-altering ability of different yoga poses. Comparing back bends, forward bends and standing poses, they concluded that the best way to get a mental lift is to bend over backwards.

And the effect works both ways. Just as physical exercise can boost the brain, mental exercise can boost the body. In 2001, researchers at the Cleveland Clinic Foundation in Ohio asked volunteers to spend just 15 minutes a day thinking about exercising their biceps. After 12 weeks, their arms were 13 per cent stronger.

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8. Nuns on a run

If you don't want senility to interfere with your old age, perhaps you should seek some sisterly guidance

THE convent of the School Sisters of Notre Dame on Good Counsel Hill in Mankato, Minnesota, might seem an unusual place for a pioneering brain-science experiment. But a study of its 75 to 107-year-old inhabitants is revealing more about keeping the brain alive and healthy than perhaps any other to date. The "Nun study" is a unique collaboration between 678 Catholic sisters recruited in 1991 and Alzheimer's expert David Snowdon of the Sanders-Brown Center on Aging and the University of Kentucky in Lexington.

The sisters' miraculous longevity - the group boasts seven centenarians and many others well on their way - is surely in no small part attributable to their impeccable lifestyle. They do not drink or smoke, they live quietly and communally, they are spiritual and calm and they eat healthily and in moderation. Nevertheless, small differences between individual nuns could reveal the key to a healthy mind in later life.

Some of the nuns have suffered from Alzheimer's disease, but many have avoided any kind of dementia or senility. They include Sister Matthia, who was mentally fit and active from her birth in 1894 to the day she died peacefully in her sleep, aged 104. She was happy and productive, knitting mittens for the poor every day until the end of her life. A post-mortem of Sister Matthia's brain revealed no signs of excessive ageing. But in some other, remarkable cases, Snowdon has found sisters who showed no outwards signs of senility in life, yet had brains that looked as if they were ravaged by dementia.

How did Sister Matthia and the others cheat time? Snowdon's study, which includes an annual barrage of mental agility tests and detailed medical exams, has found several common denominators. The right amount of vitamin folate is one. Verbal ability early in life is another, as are positive emotions early in life, which were revealed by Snowdon's analysis of the personal autobiographical essays each woman wrote in her 20s as she took her vows. Activities, crosswords, knitting and exercising also helped to prevent senility, showing that the old adage "use it or lose it" is pertinent. And spirituality, or the positive attitude that comes from it, can't be overlooked. But individual differences also matter. To avoid dementia, your general health may be vital: metabolic problems, small strokes and head injuries seem to be common triggers of Alzheimer's dementia.

Obviously, you don't have to become a nun to stay mentally agile. We can all aspire to these kinds of improvements. As one of the sisters put it, "Think no evil, do no evil, hear no evil, and you will never write a best-selling novel."

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9. Attention seeking

You can be smart, well-read, creative and knowledgeable, but none of it is any use if your mind isn't on the job

PAYING attention is a complex mental process, an interplay of zooming in on detail and stepping back to survey the big picture. So unfortunately there is no single remedy to enhance your concentration. But there are a few ways to improve it.

The first is to raise your arousal levels. The brain's attentional state is controlled by the neurotransmitters dopamine and noradrenalin. Dopamine encourages a persistent, goal-centred state of mind whereas noradrenalin produces an outward-looking, vigilant state. So not surprisingly, anything that raises dopamine levels can boost your powers of concentration.

One way to do this is with drugs such as amphetamines and the ADHD drug methylphenidate, better known as Ritalin. Caffeine also works. But if you prefer the drug-free approach, the best strategy is to sleep well, eat foods packed with slow-release sugars, and take lots of exercise. It also helps if you are trying to focus on something that you find interesting.

The second step is to cut down on distractions. Workplace studies have found that it takes up to 15 minutes to regain a deep state of concentration after a distraction such as a phone call. Just a few such interruptions and half the day is wasted.

Music can help as long as you listen to something familiar and soothing that serves primarily to drown out background noise. Psychologists also recommend that you avoid working near potential diversions, such as the fridge.

There are mental drills to deal with distractions. College counsellors routinely teach students to recognise when their thoughts are wandering, and catch themselves by saying "Stop! Be here now!" It sounds corny but can develop into a valuable habit. As any Zen meditator will tell you, concentration is as much a skill to be lovingly cultivated as it is a physiochemical state of the brain.

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10. Positive feedback

Thought control is easier than you might imagine

IT SOUNDS a bit New Age, but there is a mysterious method of thought control you can learn that seems to boost brain power. No one quite knows how it works, and it is hard to describe exactly how to do it: it's not relaxation or concentration as such, more a state of mind. It's called neurofeedback. And it is slowly gaining scientific credibility.

Neurofeedback grew out of biofeedback therapy, popular in the 1960s. It works by showing people a real-time measure of some seemingly uncontrollable aspect of their physiology - heart rate, say - and encouraging them to try and change it. Astonishingly, many patients found that they could, though only rarely could they describe how they did it.

More recently, this technique has been applied to the brain - specifically to brain wave activity measured by an electroencephalogram, or EEG. The first attempts were aimed at boosting the size of the alpha wave, which crescendos when we are calm and focused. In one experiment, researchers linked the speed of a car in a computer game to the size of the alpha wave. They then asked subjects to make the car go faster using only their minds. Many managed to do so, and seemed to become more alert and focused as a result.

This early success encouraged others, and neurofeedback soon became a popular alternative therapy for ADHD. There is now good scientific evidence that it works, as well as some success in treating epilepsy, depression, tinnitus, anxiety, stroke and brain injuries.

And to keep up with the times, some experimenters have used brain scanners in place of EEGs. Scanners can allow people to see and control activity of specific parts of the brain. A team at Stanford University in California showed that people could learn to control pain by watching the activity of their pain centres (New Scientist, 1 May 2004, p 9).

But what about outside the clinic? Will neuro feedback ever allow ordinary people to boost their brain function? Possibly. John Gruzelier of Imperial College London has shown that it can improve medical students' memory and make them feel calmer before exams. He has also shown that it can improve musicians' and dancers' technique, and is testing it out on opera singers and surgeons.

Neils Birbaumer from the University of Tübingen in Germany wants to see whether neurofeedback can help psychopathic criminals control their impulsiveness. And there are hints that the method could boost creativity, enhance our orgasms, give shy people more confidence, lift low moods, alter the balance between left and right brain activity, and alter personality traits. All this by the power of thought.

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From New Scientist print edition, 28 May 2005

Wednesday, December 2, 2009

Gaga and Foxx top 'junk food' song league




Full article here: theage.com.au

An initiative to encourage healthy teen relationships says songs by Jamie Foxx and Lady Gaga are the musical equivalent of junk food.

A teen panel working with the Boston Public Health Commission says Foxx's Blame It and Lady Gaga's Bad Romance and Paparazzi are among the top 10 with "unhealthy relationship ingredients".

The commission released its list based on a "nutrition label" rating popular songs on healthy relationship themes.

Mario's Break Up topped the list of the most unhealthy relationship songs of 2009.

Among the panel's top 10 songs with healthy themes: Miss Independent by Ne-Yo and Meet Me Halfway by the Black Eyed Peas.

The commission says its program aims to teach teens how to evaluate popular media, and help parents talk to teens about healthy relationships.

Songs with Unhealthy Relationship Ingredients (2009)

1. Break Up (feat. Gucci Mane and Sean Garrett) - Mario
2. Blame It (feat. T-Pain) - Jamie Foxx
3. Paparazzi - Lady Gaga
4. You're a Jerk - New Boyz
5. Baby By Me 50 Cent
6. Best I Ever Drake
7. One More Drink (feat. T-Pain) Ludacris
8. Be On You (feat. Ne-yo) Flo Rida
9. Hotel Room Service Pitbull
10. Bad Romance Lady Gaga

Songs with Healthy Relationship Ingredients (2009)

1. One Time - Justin Bieber
2. Miss Independent - Ne-yo
3. Replay - Iyaz
4. Say Hay - Michael Franti
5. Knock You Down - Keri Hilson, Kanye West
6. Only You Can Love Me This Way - Keith Urban
7. Her Diamonds - Rob Thomas
8. I'm Yours - Jason Mraz
9. Fallin For You - Colbie Caillat
10. Meet Me Halfway - Black Eyed Peas

AP

Friday, October 9, 2009

Business uproar over litigation

Chris Merritt, Legal affairs editor | October 09, 2009
Article from: The Australian
Full article link here

LITIGATORS and peak business groups have warned that a proposed federal law encouraging "public interest" litigation would create a US-style greenmail industry and play into the hands of plaintiff lawyers.

They warned unfashionable industries such as mining, forestry and power-generation would be vulnerable under commonwealth plans to exempt "public interest" activists from the normal loser-pays rule on legal costs.

Even if corporate defendants win in court, the government's plan would prevent them from recovering their legal costs from activists who were, in the eyes of a judge, acting in the public interest.

The Australian Chamber of Commerce and Industry said the proposal would skew the civil justice system by giving activists special treatment.

"Public interest litigation raises a whole new spectre of activism and agitation in the court system," ACCI chief executive Peter Anderson said.

"Opening new avenues for litigation has the potential to increase litigation because it is designed to be used. This form of litigation also puts the court in a difficult position. It is being asked to make costs orders based on a very elastic notion of what the public interest is."

The proposal, drawn up by the attorney-general's department, was criticised also by the Forest Industry Association of Tasmania, which warned that activists could use the procedure to impose unnecessary legal costs on a wide range of industries that were unfashionable.

"It's not just forestry," association chief executive Terry Edwards said.

"Farmers growing genetically modified crops of canola could also be vunerable."

Litigator Stuart Clark of Clayton Utz said the plan would play into the hands of plaintiff lawyers who had tried in the past to "dress up individual claims as some sort of public interest case".

"It is yet another attempt to tip the balance in favour of plaintiffs by removing rights and protections for defendants," he said.

"Business must have the right to defend claims that are brought against them and are entitled to the same protections as any other members of the community.

"These proposals are just aimed at removing all barriers for claims being brought against corporate defendants, and they are also trying to generate a situation where corporate defendants will simply give up."

The plan, which is outlined in the government's Access to Justice report, comes after Victoria's Public Interest Law Clearing House urged federal Attorney-General Robert McClelland to introduce a system of "protective" costs orders for public-interest litigants.

The Access to Justice Report cites and rejects warnings from business about the PILCH proposal that had been reported in The Australian in June.

"In cases where a public interest costs order were made, there would by definition be additional costs on defendants that are ultimately successful but are unable to recover a proportion of their costs," the report says.

"Concerns are raised on the basis of a potential flood of frivolous litigation, which business would have to pay for. It is also suggested that if a matter were truly in the public interest, then the public, not the business, should fund it.

"The cost to a defendant would be an important factor for a court to consider and it is not expected that such orders would be made as a matter of course."

However, the scheme recommended by the Access to Justice report makes no mention of requiring judges to consider the cost burden that would be shifted to defendants.

The report's proposal is broader than the scheme drawn up by PILCH, which included several control factors not present in the report's recommendation.

Before issuing any protective costs order, PILCH would have required judges to consider the financial resources available to the parties, the costs likely to be incurred during proceedings, whether the plaintiff had a pecuniary interest in the outcome and any prejudice to the defendant.

PILCH acting executive director Mat Tinkler said this week that the Access to Justice Report had produced a "basic" recommendation and he believed the control factors would be included in any legislative scheme.

He did not believe the absence of control factors in the report's recommended scheme meant they had been rejected.

"Because that is certainly the proposal we put forward and that is how the case law has developed in the UK and other jurisdictions," Mr Tinkler said.

When asked about the absence of control factors in the recommended scheme, a spokesman for Mr McClelland said the purpose of the report was to generate debate, and feedback would be welcomed.

In discussing public interest cost orders, the report says: "the main benefit in removing the barrier to litigation is only achieved in practice if litigants are aware of where they will stand as regards costs before those costs are incurred." However, the report recommends later that judges should be able to make public-interest cost orders "at any stage of the proceeding".

It says "a 'flood' of litigation is not expected" because case management rules would keep legal costs proportionate, courts could refer cases to alternative systems of dispute resolution and public interest plaintiffs would still face "the significant financial burden" of paying their own legal bills.

The report urges the government to allow judges to make these rulings whenever they are satisfied litigation would benefit the public. Judges would issue these orders in cases that would "determine, enforce or clarify an important right or obligation affecting the community or a significant section of the community, or affect the development of the law generally and reduce the need for further litigation".

Mr Anderson said the plan was far too open-ended and the report had made a weak case for such a significant change.

"If there is going to be public interest litigation, it should effectively be funded by the public," he said.

"The defendant, which will generally be business, is being used as a vehicle."

Monday, August 31, 2009

Celebrities flock to take a chance with little charmer


Chari Delaney... good luck and hard work. Photo: Adam Hollingworth
From The Age
MATTHEW BENNS
August 30, 2009


The latest celebrity fad has reached Australia - $600 charm bracelets that are supposed to enhance the power of positive thought.

The former Hi-5 singer Charli Delaney has been given two of the bracelets and sees them as a positive reminder of how good life is. Since quitting the popular children's group she has hosted two radio shows.

''But I also work hard for my good luck,'' she said.

Princess Mary sparked the craze when she accepted one of the La Chance bracelets as a gift from the Danish jewellery designer Martina Baggar. Stars including the U2 lead singer Bono, the Hollywood actress Kate Hudson and the soccer star Ronaldhino followed suit.

Importer Hans Wrang said the bracelets contained the 12 animals of the Chinese zodiac and were inspired by the ancient Eastern philosophy of attracting luck, health and prosperity by thinking positively.

Australian celebrities including the Dancing with the Stars host Sonia Kruger, the So You Think You Can Dance winner Talia Fowler, the TV judge Marcia Hines and the surfer Layne Beachley have jumped on the bandwagon after being targeted by the La Chance marketing machine.

The actress Zoe Naylor gushed: ''We all need hope and faith in our lives and the La Chance bracelet has certainly brought positivity to my life.''

Mr Wrang said celebrities were carefully selected before being offered a bracelet.

''One of the things we insist on is sitting down with them face-to-face to make sure that we know what they think of the bracelet.''

The singer Janet Jackson requested a bracelet while in Denmark last year but could not spare the 10 minutes Ms Baggar insisted on to explain the bracelet's philosophy before giving it to her.

''Her minders asked us to just send it round but we said no … We don't just give them to anybody.''

Monday, August 3, 2009

Cosmetic makeover dooms ugly creatures of the seas



Former 'Trash Fish' Join the Ranks of Depleted Species

By David A. Fahrenthold
Washington Post Staff Writer
Friday, July 31, 2009

If the slimehead were still a slimehead, it wouldn't be in this kind of trouble.

An arm-long fish with the look of a prehistoric fossil, the slimehead lived in obscurity a quarter-mile deep in the ocean. The fish was known mainly to scientists, who named it for its distinctive mucus canals.

But then, in the 1970s, seafood dealers came up with a name that no longer tickled the gag reflex. This was the beginning of the "orange roughy."

And, very nearly, the end. With this tasty-sounding name, the slimehead was widely overfished.

On Thursday, a long-awaited report on the world's seafood stocks declared that 63 percent of these species are below healthy levels.

The seafood study, released online Thursday in the journal Science, is one of the most comprehensive looks at the contents of the world's seas. An international group of scientists examined an unprecedented amount of data about harvests and fish populations from the Bering Sea to the Antarctic, and they studied thousands of species from the Atlantic cod to the Australian jackass morwong.

Some of those worst-hit were fish that have been renamed to make them more marketable. For threatened animals on land, a more attractive name might be a blessing. But for these creatures -- slimeheads, goosefish, rock crabs, Patagonian toothfish, whore's eggs -- it was a curse.

That fishermen have turned to them shows what's left in the ocean. Today's seafood is often yesterday's trash fish and monsters.

"People never thought they would be eaten," said Jennifer Jacquet, a biologist at the University of British Columbia. "And as we fish out the world's oceans, we're coming across these species and wondering, 'Can we give them a makeover?' "

The study's lead author, Boris Worm, was following up on a study that predicted that if fishing continued at the same rate, all the world's seafood stocks would collapse by 2048. He said the latest study actually revealed something surprising: a reason for optimism.

About half of the depleted species might actually have a chance to recover, the scientists found, if given enough protection.

But, Worm said, species such as slimehead still illustrate what's gone deeply wrong.



As the world's catch has grown more than fivefold since 1950, he said, overfishing has spread from "rivers to coastal areas to the [continental] shelf to the deep sea." As they went farther and deeper, fishermen have brought back fish that people didn't have recipes -- or even words -- for.

"We didn't even consider fishing [for] these things 15, 20 years ago," said Worm, a professor at Dalhousie University in Canada. Today, he said, "we have another choice. And that is rebuilding what we've lost off our doorstep."

The depleted stocks include familiar fish such as the Atlantic cod, which has been fished so heavily that the Georges Bank population off New England is at 12 percent of healthy levels. The Gulf of Mexico's red snapper stocks are at 6 percent of what scientists say they should be.

To fill the void, some seafood vendors have fraudulently sold cheaper fish as grouper or snapper.

But in other cases, they have given the fish a more palatable name -- preying, environmentalists say, on the arm's-length relationship Americans have with their seafood.

The most famous case involves the Patagonian toothfish and the Antarctic toothfish -- drab, yard-long creatures from the cold waters near the South Pole. In the 1970s, they were rechristened "Chilean sea bass," although they are not, biologically speaking, sea bass.

The toothfish's new name and the firm, oily meat found a huge market. In recent years, environmentalists have said both toothfish are now threatened with heavy fishing, including by "pirate" fishing boats that ignore conservation laws.

The slimehead had similar troubles. Environmentalists say they live long -- 100 years or more -- and reproduce slowly, so it takes a long time to replace fish that are caught.

And along the U.S. Atlantic Coast, fishermen used to toss back a toad-colored fish that looked like it was 30 percent mouth and 50 percent stomach: the goosefish. Then somebody noticed that the tail meat could be cut into tasty fillets. Then, someone thought of "monkfish." Harvests jumped five times from the mid-1980s to the late 1990s, and the fish's numbers dropped.

"You went from unexploited, discarded fish -- bycatch, essentially -- to a targeted species that became overfished," said Thomas Munroe, a zoologist with the National Oceanic and Atmospheric Administration. "The fish was the same as it was as a goosefish."

Federal officials say Chilean sea bass imports are now certified to make sure they came from sustainable operations, that orange roughy are better protected and that monkfish have recovered to safe levels.

But Seafood Watch, a guide produced by the Monterey Bay Aquarium in California, still recommends that consumers avoid Chilean sea bass, orange roughy and monkfish.

Other names have been invented more recently. A few years ago, a Maine seafood dealer renamed the Atlantic rock crab the "peekytoe crab." He's sold hundreds of thousands of pounds since then. A species of sea urchin -- a ball of green spines that Maine lobstermen used to call a whore's egg -- have found a niche in U.S. sushi restaurants under its Japanese name, uni.

Early next year, look for what might be the biggest test yet of the seafoood market's response to a new name. Catfish farmers are going to introduce especially large, thick fillets to white-table restaurants under the name "delacata."

The naming of seafood is policed by the U.S. Food and Drug Administration, which keeps a Seafood List of acceptable market names. One of the more recent additions: snakehead can now be sold as "channa."

But FDA officials said that, in practice, they don't punish many restaurants for calling fish by unsanctioned names. "It is not a high priority . . . unless it involves a food-safety hazard," said Spring Randolph, a consumer safety officer.

At the National Fisheries Institute, a trade group, President John Connelly said the seafood industry works to police itself -- recently going after a California restaurant that was selling a Vietnamese cousin of the catfish as "white roughy." But he said there's nothing wrong with giving new names to unfamiliar creatures.

"A company is always going to find a name that customers are comfortable with," Connelly said. "A cattleman, for instance, doesn't sell 'bull testicles.' They sell 'Rocky Mountain oysters.' "

Saturday, May 9, 2009

Just how much can a Logie bear? - by Catherine Deveny

From theage.com.au
By Catherine Deveny
May 9, 2009

From the wannabes to the couldneverbes to the usetobes, TV's big night brought out the worst.

THE 2009 Logie Awards. What did you miss? Pigs in suits and scrags in curtains. Vain, attention-seeking opportunists suffering relevance deprivation hoping to get lucky with one of the members of Hi5 but happy enough to go slops by standing next to Bud Tingwell when he sneezed.

It wasn't a car crash this year. It was a 30-car pile up. I should have known. With nominees for best dramas including Home and Away (Bogans by the Sea) McLeod's Daughters (Pony Porn) and Neighbours (So You Think You Can Act!) it was never going to be one of our finest moments. Kate Ritchie (Nice! Inoffensive! Pretty! Detonate now!) and Ian Smith (the fuddy-duddy from Neighbours with no neck who doesn't speak but gargles) being the Gold Logie favourites made me wish, during the In Memoriam package, that I were dead as well.

Packed to the Rafters (I See White People) and Underbelly (Tale of Two Titties - sure it's drugs, swearing, violence and tits but it's Australian drugs, swearing, violence and tits) sweeping the pool is a chilling reminder that everything on telly is dumbed down, sexed up or ripped off.

There was an epidemic of Stockholm Syndrome as talented actors gushed about fabulous scripts, amazing work and incredible experiences as they accepted awards for working on shit shows. Be Australian and take the piss you sucks.

This year's Logies was so trashy it made the Brownlow awards look like the Nobel Prize ceremony. "So who are you wearing, Stevo?" "Some little thing I picked up on Chapel Street, mate. She reckons she's 18."

I was hoping Gretel Killeen would be fabulous because she is. But she wasn't. And even she knew she wouldn't be. Which explains her four costume changes. The day before I bumped into Joan Kirner and I thought of Gretel. Because they only let the chicks behind the wheel when it's all heading down hill. Hello to Meredith Hellicar and Sue Morphet if you're reading. The industry was thrilled because they love nothing more than putting the wrong woman into a thankless high-profile job, seeing her fail and using it as evidence to maintain their unashamed regime of beef for the blokes and chicken for the ladies.

Sarah Murdoch inducted Bill Collins, Mr Movies, into the Logies Hall of Fame to recognise his passionate career of 46 years. You know her. She's a model and married to Rupert Murdoch's son Lachlan. I'm not sure if her official title is "personality" or "celebrity". Regardless, it couldn't have been a more offensive choice. Apparently Bindi Irwin couldn't do it because she had a spelling bee the next day.

I don't mind Rebecca Gibney winning the gold. I just wished she'd won it for something other than being an Aussie mum who walks around holding a mug and then goes to bed wearing a full face of make-up. Gibney won best line of the night as she held her little statue and said, "Proof nanas can text."

My favourite moment was when The Footy Show lost. You didn't need to be a lip reader to work out what Garry Lyon said. Love a sore loser. Particularly when it's a pig in a suit.

This story was found at: http://www.theage.com.au/articles/2009/05/07/1241289312772.html

this magic moment

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