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Rollable display, electronic newspaper
CES 2016: LG Display shows off displays that you can roll up, see through, and use in your car
When I saw that article on Tech Republic, my heart skipped a beat. Could the rollable display finally deliver my electronic newspaper?
I have been waiting a long time. In 2009 I wrote about having been waiting a long time. As the years passed, my thinking evolved. Back in the day, I envisioned a dedicated device but now I'm thinking converged is the way to go.
Rollable or foldable would be nifty but not necessary. Flexibility isn't going to make or break the deal. Actually, it probably needs to be at least somewhat rigid since it will be a touchscreen. It doesn't have to curve — flat is fine.
Gyricon seemed to have a lot of potential for e-paper but… where is it? We wrote the definition more than a decade ago and, although it was demonstrated it has never hit the market.
Essentially, what I'm looking for is a large tablet with a couple of essential characteristics:
- It has to be big enough to replicate the newspaper format.
- It has to be light enough that I can spend an hour or so with it without having to prop it on anything.
OLED displays might just have what it takes. Sadly, though, they may not be available anytime soon.
Rotating snakes — peripheral drift illusion
The image below is based on Kitaoka Akiyoshi's Rotating Snakes peripheral drift illusion. The snake you're looking directly at appears to hold still, while those in your peripheral vision seem to be in constant movement and if you look close to the image but not right at it, it looks like a stealthily stirring mess of snakes. It took some convincing for me to make my brain believe that this is a static image, but it is.
The creator of this image, Cmglee, makes it available under a Creative Commons Attribution Share Alike license.
See a huge collection of rotating snakes — you know you want to.
Xerox gets it: The power of good content marketing
|I've been writing a fair amount about content marketing and related concepts, like native advertising, lately. Content marketing is the publication of material designed to promote a brand, usually through a more oblique and subtle approach than that of traditional push advertising. The essence of good content marketing is that it offers something the viewer wants, such as information or entertainment.
The idea is that people are sick of the traditional push advertising model, in which consumers (AKA "people") are interrupted in whatever they're doing with an unsolicited communication of some sort, through a flyer, an email, a banner, an interstitial ad, a telemarketing call. The first reaction to these is typically annoyance, which is not likely to be conducive to attracting and retaining customers. It's often argued that online marketing — no matter how intrusive and obnoxious — is a necessary evil, the price we pay for free content. Good content marketing offers another way.
Content marketing approaches the problem from a different angle, offering something of value as a sort of a goodwill gesture in the assumption that people are going to feel more well-disposed toward a company that seems to want to do something for them rather than one that wants to manipulate them. The history actually goes back over a hundred years:
- 1895: John Deere launched the magazine The Furrow, providing information to farmers on how to become more profitable. The magazine, considered the first custom publication, is still in circulation, reaching 1.5 million readers in 40 countries in 12 different languages.
- 1900: Michelin developed the Michelin Guide, offering drivers information on auto maintenance, accommodations, and other travel tips. 35,000 copies were distributed for free in this first edition. Although Michelin eventually began selling these books, the publication still set a precedent for both informative guides and content marketing distribution.
- 1904: Jell-O salesmen went door-to-door, distributing their cookbook for free. Touting the dessert as a versatile food, the company saw its sales rise to over $1 million by 1906. Read more
Funny thing — I was inspired to write this post by a marketing email. I was culling newsletter subscriptions and clicked on one from Xerox. Before I scrolled down to the unsubscribe link, though, I had a look. I clicked a link to a PDF on stress management and found good, useful content. They hooked me immediately by introducing a new word — eustress — meaning positive stress, and then provided a very nice guide to dealing with the other kind — distress. There were no ham-fisted references to Xerox in the copy, only a brief message and links at the very end. The newsletter also offered links to more useful business-related tips. Well done, Xerox! I'll save the PDF, check out the other links. Odds are, if I'm in the market for any products Xerox offers, I'll look there first.
Because I have a blog, well — here I am, posting about it. I'm going to tweet about it too. So, what do you think? Does good content marketing work?
Follow me on Twitter@tao_of_grammar
Where has being reasonable ever gotten us, anyway?
I was recently contacted by Donna Morton, an indigenous peoples activist and CEO of the green tech company First Power. (She was commenting on my use of the word "savage" to refer to ill-mannered behavior. You can read about that here. Short version: We had an interesting email exchange and I edited the content.)
Donna sent me a link to her TEDx Talk. Here's a little bit about her from the introduction:
"Donna Morton, First Power, Serial Social Entrepreneur; CEO, co-founder of First Power, with a mission to put clean energy, jobs and equity in the hands of first nations and native communities globally. Recently, Donna was elected an Unreasonable Institute fellow for building one of the worlds most "unreasonable" start ups. First Power is profitable and highly impactful. She is also an Ashoka fellow for her work with the Centre for Integral Economics (CIE), both BC based. CIE promotes market-based solutions to social and environmental sustainability and put tax shifting and carbon taxes on the map across Canada."
I love the whole idea of the Unreasonable Institute. I mean, where has being reasonable ever gotten us? Being reasonable equates to stifling our misgivings about business as usual, putting up and shutting up. And, as Donna Morton explains in her TEDx talk, that's only led us to ecological and cultural crisis — a world "on fire."
Watch Donna Morton's TEDx talk.
Follow me on Twitter @tao_of_grammar
So, this guy walks into a bear…
A guy literally (literally literally, in fact) walked into a bear the other day because he was so engrossed in texting. Now bears, especially the ones in the half-ton range, are not particularly known for their stealth. They don't tiptoe and — to put it bluntly — they smell. If you don't see them coming, you're apt to either hear them or pick up their, um, scent.
Our Californian did none of the above. What he did do, when he finally wrenched his gaze from his mobile, was run like hell. (Not advised, of course, because although not stealthy bears are surprisingly fleet of foot.)
We really need a sniglet for people roaming the streets so engaged with their cell phones that they're oblivious to their surroundings. A sniglet is a term that isn't in the dictionary but should be. Essentially, it's a licence to make words up. But only when you really need to — and it has become apparent that we really need a word for this common phenomenon.
A while back, a couple of readers sent a message (which we read responsibly seated at our desks) suggesting that we needed a sniglet for this very phenomenon, not necessarily bear-related but for the common state that would make an event like this possible.
We've had a few suggestions: cell-outs, phoneys, cellots, cell zombies, i-blivious… but nothing that really seems to capture the phenomenon perfectly.
Come on — stop texting and playing Angry Birds for long enough to send us a sniglet!
Comment here, tweet to @tao_of_grammar or email us.
From the e(mailbox): The K in CMYK does not stand for black
We get letters! OK, mostly spam and overdue homework assignments, but we do get letters. And some of them are interesting and helpful.
Such was the case with the following note. Valerie Cox wrote us to explain a problem with our definition of CMYK (cyan, magenta, yellow, black):
'CMYK is a scheme for combining primary pigments. The C stands for cyan (aqua), M stands for magenta (pink), Y is yellow, and K stands for black.'
The K does not stand for "black," it stands for "Key." The key color in today's printing world is black, but it has not always been this way. During the early days of printing, the colors used for Key have been brown, blue, or black, whichever was the cheapest ink to acquire for the times."
We should have guessed there was more to that story… we've read our alphabet books and we do understand how initialisms work: A is for Apple, K is for… something that starts with K.
Read more about acronyms and initialisms. (It's interesting. I promise.)
Thanks to Ms. Cox for making us look just that little bit smarter today than we did yesterday!
Technological breakthrough: Robot deceit
"The check is in the mail."
|Although artificial intelligence has always evoked fears of robots becoming altogether too intelligent and getting the upper hand, we've always at least expected our tin friends to do it in an open, well, robotic kind of a way. You know, they lumber in like mechanical zombies and proclaim in a tinny monotone: "We. Have. Come. To. Destroy. You."
Fair enough, you think, all the cards are on the table and you know what you're dealing with. Prepare to think again. One day, there could be a knock on the door and, in response to your query as to who's there, you hear: "Candygram." And THEN, instead of the delicious candy you expect to enjoy, you get robot Armageddon.
|Be afraid: Robots have learned to lie
Not only that, they've got the ability to pick gullible targets to maximize the effectiveness of their deceit. Researchers at the Georgia Institute of Technology have developed a program that allows a robot to discern whether another robot is gullible and then take advantage of its naivety through lies and deception. (See the story here.)
This isn't the first time that robots have lied — just the first time they were programmed to do so. In 2007, robots that were programmed to learn from experience evolved the ability to lie. Which is all the scarier, isn't it? Just imagine the nefarious plots they may have been hatching since then…
Sure — NOW they vacuum and scrub the floor — but what happens when they wise up? The following could be required information when the robots take over. How much do you know about our artificially intelligent friends?
1. The word "robot" was coined in 1920. Is the term:
a. an abbreviation of "row" and "boat," for an early version that did just that?
b. derived from a Czech word meaning "forced labor?"
c. named for the creator of the first robot, Robert Botsworth?
Answer (Scroll to the end of the definition.)
2. One of the earliest known working robots was da Vinci's self-propelled car, circa 1478. Was it run by steam pressure or springs?
3. What's the term for a robot that is designed to resemble a human?
4. Which of the following is NOT one of Issac Asimov's Three Laws of Robotics:
a. Robots must not meet in secret.
b. Robots must never harm human beings.
c. Robots must protect themselves without violating the other rules.
5. If the shape-shifting chembot is developed, it could travel over considerable distances carrying an embedded payload, change shape and size as required, and then reconstitute to its original form. What organization recently put out an RFP for its design?
6. Used with satellites, space probes, and mobile robots, this term describes is the wireless transmission and reception of measured quantities for the purpose of remotely monitoring environmental conditions or equipment parameters. What is it?
7. Which sense does the field of haptics replicate for the user?
a. vision
b. hearing
c. taste
d. touch
c. smell
8. Based on a Greek word meaning "steersman" or "governor," this is the science or study of control or regulation mechanisms in human and machine systems. What is it?
9. DARPA's early cyborg insect experiment using wasps was ill-fated. Why?
Answer (Scroll to the end of the definition.)
10. If self-replicating robots ever take over, the resulting situation is sometimes referred to as a gray goo scenario. In this context, what are self-replicating humans sometimes called?
Answer (Scroll to the list at the end of the definition.)
How many could you guess correctly? Let us know!
First word on the Internet was "lo"
Although there was much hoopla last year proclaiming September 2 as the Internet's 40th, Leonard Kleinrock begs to differ. The real birthday of the Internet is not until October 29. On Oct. 29, 1969, Kleinrock's team transmitted a message from their computer at UCLA to Douglas Engelbart's Stanford Research lab in Menlo Park, Calif.
The first word transmitted on the Internet was "lo." This seems portentous and prescient, echoing the biblical "lo," as in "lo and behold." The funny thing, though, is that the transmission of "lo" was a serendipitous accident.
On his blog, Kleinrock provides the record from his log and explains how the transmission came about:
I was supervising the student/programmer Charley Kline (CSK) and we set up a message transmission to go from the UCLA SDS Sigma 7 Host computer to the SRI SDS 940 Host computer. The transmission itself was simply to "login" to SRI from UCLA. We succeeded in transmitting the "l" and the "o" and then the system crashed! Hence, the first message on the Internet was "lo"! We were able to do the full login about an hour later.
So what happened on September 2? Kleinrock's team had managed to transmit meaningless data over the Internet's predecessor, ARPANET.
And the World Wide Web as we know it? It wasn't born until 1989, when Tim Berners-Lee proposed the great hypertext project that would make it possible for all of us to connect and share information the way we do.
Whether September 2 or October 29 gets title, here we are almost 41 years after the birth of, arguably, the major technological phenomenon of the past century. The Internet has transformed the way we live.
And lo, it is good. And bad. And all the things you'd expect from giving humans the potential to connect with anyone, anywhere.
Early adopters of rollable computers? The military.
|In the New York Times, Nick Bilton reported on flexible computers.
Apparently the Flexible Display Center at Arizona State University is working with the US army on flexible, non-breakable devices that could be used in the field — even on the battlefield. These would fit the bill for fully-rugged devices, designed from the inside out to be impervious to just about any environmental threat.
The article also quotes Nicholas Negroponte of the One Laptop Per Child project. His group expects to release a sub-$100 slate computer similar to the iPad by 2012. Negroponte says the device will be plastic and unbreakable, and will have power requirements so low that it can be charged by shaking it or winding it up.
Bilton credits the $100 laptop project with influencing the development of cheap netbooks. The article suggests that, similarly, the price of e-readers is likely to drop sharply — perhaps sinking as low as $20.
You know what this could mean? I'm going to get my electronic newspaper!
Chris Brogan explains sneaky secret to getting more Twitter followers
Last year Chris Brogan posted about the arcane science behind increasing the number of your Twitter followers.
Brogan has approximately a gazillion followers, so when he retweeted that link today, I clicked right on through to the post.
The quick and dirty version: It's tweet integrity. Send out information that other people will want to receive.
That's right. In a nutshell: Make your tweets worth reading and more people will follow you on Twitter.
Other useful nuggets of advice include retweeting good tweets from other people (That's extra sneaky, because it's so EASY and they LIKE it!), sharing useful info and so on.
It's positively revolutionary! It's like — selling more product by ensuring the quality of said product! Wow.
I was pretty sure it was all about tricking people, or circumventing Google's algorithm in some particularly devious fashion. Time to rethink that whole MO.
Seriously? I feel a bit better now. There's this perception that any tweep worth her salt has thousands upon thousands of followers. And I guess there are ways of getting them — mostly through automatically following big, undifferentiated clumps of them — upon which people will follow you back. Even if nobody ever reads a word of anyone else's tweets.
I'm going to sound like a cheese commercial here, I know, but…
I like to select my Tweeps the old-fashioned way. By looking at their profile pages and — yes — checking to see if what they have to say is anything I'm interested in hearing. In turn, I hope that people I follow will also see some reason for following me back and we can all get down to some actual communication.
See also Twitter and tweeting for business.
Follow me on Twitter @tao_of_grammar.


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Coke adds choice to life
"Coke's RFID-Based Dispensers Redefine Business Intelligence" by Mary Hayes Weier (Information Week, 8 June 2009) Don't let the geeky title scare you. Put yourself in the shoes of a Coke guest and read between the lines. This a perfect example of the shift in expectations that's being driven by the empowerment guest now enjoy as a result of "technology". Offline or online is not important. What is important is the experience. As much we hate to tip our hats to high frutose corn syrup & water, Kudos to Coke for this effort.
Our guess is that eventually Coke will link all the machines so that instead of having to reenter your custom flavour everytime you'll be able to enter your own code and the Freestyle machine / network will take care of the rest. There's also the possiblity of integrating the machines with a web site (or social network widget) and letting people share their custom flavours. Similar to Abobe's Kuler (http://kular.adobe.com) but slightly different.

subset: commoncrawl


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So much time has passed since Starr King Elementary put on its last theatrical production that no one can recall exactly when the last play opened there. The school's theatrical slump comes to an end today when it will stage a performance of musical "The Wiz," with a repeat showing on Saturday.
"This school — they haven't done anything like this in many, many years, in about 10 years. That's what they say," said Jennifer Prager, the Starr King special education teacher who's directing "The Wiz."
She likens the musical to "a hip-hop version" of the "Wizard of Oz." A film version of the production starring Michael Jackson and Diana Ross debuted in 1978.
Prager is only in her first year of teaching at Starr King but has served as the performing arts director for various schools in Long Beach for more than 15 years. She brings "The Wiz" to the North Long Beach campus courtesy of a theatrical program she first developed several years ago for special needs students called E.X.A.L.T. (Excellence and Achievement in Life's Theatre).
Cecilia Camerino, Starr King's principal for the past three years, said that if there has been a play performed at the school in the recent past, it likely wasn't a full-scale theater production like "The Wiz." The musical is just under two hours long and includes a full set, costumes and a sound system the PTA raised money to pay for.
"It's a really serious production with song and dance, choreography. It's a big show," Camerino said. "It will be the first time our community has seen something like this. We've done little plays, but nothing like this."
At Starr King, students from all backgrounds, special needs and mainstream learners alike, are participating in "The Wiz." Their involvement in the play has taught them lessons about life and theater, Prager said.
"I've just found that when you give kids a way to express themselves and be creative, they're starving for it," Prager said. With E.X.A.L.T., "you can teach kids about following directions, being on time, that you need to use eye contact and communicate in a way that's understandable."
Prager said children in the program also learn that even if they're having a rough day they must put on a good performance for the sake of their audience.
"One of the biggest benefits is the confidence that the students gain, the sense of motivation, how to work as a team," Camerino said.
The principal said it's been a pleasure to see students who ordinarily don't speak much singing and dancing on stage.
Fourth-grader Celeste Bell said that she's learned "not to give up if something is hard" as a result of taking part in the play. She's excited that 11 of her family members will get to see her perform dual roles as Auntie Em and a crow in the musical.
In February, Prager held auditions for "The Wiz" that were open to Starr King students in grades 2-5. Nearly 70 tried out and all were given a role in the production, but only 50 wound up committing to the rehearsal schedule, which required students to practice up to three times weekly for a few hours after school.
Fifth-grader Qhristian Harper plays Uncle Henry and The Wiz. He described his experience in the play as "awesome."
Ardell Bell, Celeste's father, is one of five parents who have routinely helped out with the production.
"I think it teaches them responsibility," he said. "They learn to do something and stick to it."
Bell said the students have improved greatly since they first began rehearsals a couple of months ago. He said the students who are still in the play haven't fallen behind in their schoolwork and treat their participation as a sort of after-school job.
"They've kept their commitment to the play," he said.
As a parent volunteer, Bell has largely assisted fifth-grader Melissa Razo, who's part of the stage crew. Melissa said that her peers have learned about overcoming challenges as a result of performing in the play. Students, for example, have to learn how to react when they forget lines, and know their cues and stage directions.
Prager said the students who endured until the musical's debut at the school now understand how much work staging a play involves. They've experienced a boost in self-esteem as a result.
"It makes them feel as if they're really a part of the play," Prager said.
"The Wiz" takes place at 6:30 p.m. tonight and at 2 p.m. Saturday in the auditorium of Starr King Elementary, 145 E. Artesia Blvd. Long Beach. General admission is $7. For more information, contact 562-428-1232.
Contact Nadra Nittle at 562-499-1291.


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Leather Dog Accessories
Those who own pampeano will always recognise one of its products. They love the unsurpassed quality of leather, innovative designs and impeccable workmanship.
pampeano's leather dog accessories are no exception, with each piece exemplifying the full range of skills and expertise employed by pampeano's artisans, from the selection of the most exquisite leathers, to the precision of the intricate hand-stitching. the iconic, handstitched pampa diamonds on pampeano's original polo belts have been translated into this stunning collection of coordinated dog collars and customisable leads, designed to endure a lifetime of country pursuits.read more


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Wollundry Lagoon
Wollundry Lagoon is a located right next to the Wagga Wagga CBD and is the perfect spot to relax, feed the ducks or enjoy a pleasant stroll amongst native vegetation.
Wollundry Lagoon is connected to the Victory Memorial Gardens and the Civic Precinct by walking tracks that, for the most part, wind along the edge of the lagoon.
Wollundry Lagoon is a very popular site to feed the ducks, geese and water hen.
The perfect spot to relax next to the water.
The 1km walking track wraps around a section of the lagoon and is a relatively flat walk, with the majority of it being sealed.
Site Plan
- Amenities
- BBQ Shelters
- Parking
- Playground
- Walking Track


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Florida's 2014 Youth Turkey Season
Barring a tragic event involving the Make-a-Wish Foundation, Youth Turkey Season is the best chance of getting kids into the woods to beat the crowds and harvest a tom in Florida. But, I am reading that many of these opportunities are not being utilized. According to the March 2014 edition of Florida Game & Fish Magazine, satisfaction with youth hunts is high, but public land hunters aren't capitalizing. In the past, quota permits have been left unclaimed through the season.… Read More »


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There's a growing body of research that suggests humans, especially men, are neurologically predisposed to making bad decisions.
We make investment decisions based on things like machismo, novelty and homesickness.
The Guardian's Tim Adams sums up recent findings in a brilliant article on testosterone and high finance:
1. If groups of young men are shown pornographic pictures of women and then asked to choose between safe and risky investments, compared with men shown non-pornographic pictures they choose far riskier portfolios.
2. Our brains are designed to seek out novelty, but too much information can overwhelm them; we are generally better at assessing risk when listening to Bach than with the chatter of TV news.
3. Men's brains tend to shut down after they have proposed a deal, waiting for the response. Scans show that women brains continue to be active, analyzing whether they have done the right thing.
4. Humans are the only animals that can delay gratification, a function of the prefrontal cortex. However, the prefrontal cortex only matures after the age of 30, and later in men than women. Before that, we are more likely to seek immediate gratification.
5. Our brains reward social interaction with the release of a chemical called oxytocin. It makes us feel good when we follow the herd. Stock market bubbles are one likely result of this.
6. Our brains are wired for human oxytocin-mediated empathy (or HOME). We are biologically stimulated to love (or hate) what is most familiar to us. We are built to form attachments, to value what we own more than what we do not own. This fact skews the rationality of all our investment decisions.


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A Great Big Mess
For Clementi, it was not possible that the same body could both effectively regulate a profession at the same time that it was also charged with representing it and lobbying for its interests: 'There is a conflict of interest between the two roles which should be tackled.'
Few would dispute the enduring success of the English legal system. For several centuries it has served as the example for a number of legal systems around the world, not the least of which are those of Australia, Canada and the United States. England has a well-developed common law and an independent and respected judiciary. England has litigation procedures that are considered fair and effective and its judgments are respected and easily enforceable outside the UK. England is a global leader in arbitration and well as in corporate legal services, its global leadership position reinforced by its low barriers to entry for foreign lawyers and firms.
Yet, in spite of its centuries as a beacon for other legal systems, few would dispute that, by the early 2000s,[1] in many ways the English legal system was a mess. A big mess.
In just what ways was it a mess? That would depend on who you asked.[2]
If you asked the Legal Services Ombudsman, you would hear that there was an unacceptably high number of complaints—there was one complaint for every five practicing solicitors and for every 22 practicing barristers. And these complaints demonstrated recurrent failings in service delivery: excessive delays, excessive costs, poor responsiveness to communications, failure to follow instructions, failure to act in the client's best interest, and failure to clarify the implications of proposed actions. In addition, the multi-stepped and multi-layered complaints process placed "an unacceptable and disproportionate burden" on complainants—it required a "degree of patience, tenacity and endurance" such that only "the most determined complainants" would not be deterred from seeking redress.[3]
If you asked Lord Falconer (then Secretary of State for Constitutional Affairs), you would hear that the regulatory system for legal services was a mess: there were at least 22 regulatory and oversight bodies. And the problem wasn't just their number, but also their complexity. They had overlapping powers and responsibilities, and they lacked transparency and public accountability. The regulatory system did not meet "the demands of a modern, changing legal services market."[4]
Exacerbating this problem was the fusion in the same regulatory body of both regulatory and representative functions, which created an "inevitable conflict of interest" with the body driven by the interests of its members rather than by the interests of consumers.[5]
Figure 3.1: The system for the regulation of legal services in England and Wales prior to the implementation of the 2007 Legal Services Act.
Click on image to enlarge.
Source: Department for Constitutional Affairs, "The Future of Legal Services: Putting Consumers First," October, 2005, 11, http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/legalsys/folwp.pdf.
If you asked the Office of Fair Trading ("OFT," comparable to the US Federal Trade Commission), you would hear that methods of supply of legal services were a mess: that they resulted in unacceptable restrictions on competition that could not be justified for reasons of public interest or economic efficiency. While, in a 2001 report, the OFT cited many restrictions, they most notably pointed to restrictions on multi-disciplinary practices (MDPs) and on lawyers employed by nonlawyers from providing services to third parties. For example, the OFT stated that if MDPs were allowed, they might "achieve advantages in branding, overhead cost savings, and the ability to transfer resources in response to fluctuations in demand and to give a seamless service to clients." Further, the opportunity to provide combinations of different kinds of professional services from the same structure "should unlock potential cost efficiencies and enhance customer choice and convenience."[6] In addition, allowing solicitors to be employed by non-solicitors "could allow competition from those suitably-qualified working in different business structures," and concerns about regulating solicitors employed by non-solicitors could be met by a system where business structures rather than individual practitioners were regulated.[7]
If you asked (Tony Blair's) Government, you would hear that there were too many messes to count, not the least of which were the number of complaints and the complaint handling system, the regulatory framework, and the restrictions on delivery methods. In a July 2003 report, the Government questioned whether the general regulatory framework for legal services was in the public interest and operated to meet client's needs. Not only did the self-regulatory system remove accountability, but also "The current framework is out-dated, inflexible, over-complex and insufficiently accountable or transparent…. The fact that the current framework cannot accommodate new business structures or embrace new ways of doing business bodes ill for the future in what is a fast changing and dynamic service sector. Nothing short of a fundamental revision can, we believe, address these issues."[8]
The Clementi Report
It was in this context that the Government decided that "a thorough and independent investigation without reservation" was needed. The purpose of the investigation was multifold: (i) to consider what regulatory framework would best promote competition, innovation and the public and consumer interest in an efficient, effective and independent legal sector, (ii) to recommend a framework which will be independent in representing the public and consumer interest, comprehensive, accountable, consistent, flexible, transparent, and no more restrictive or burdensome than is clearly justified, (iii) to review how business entities such as MDPs and corporate bodies can operate in the legal services market and how such entities are best regulated, and, more generally, to examine more efficient ways of liberalizing the market.[9]
The Government was particular about who was to conduct the investigation, or, rather, who was not to conduct it. It was to be conducted by an independent person "who commands public confidence" but who is neither a practicing lawyer nor a judge."[10]
The person selected to conduct the investigation was Sir David Clementi. Trained as an accountant, he was a respected former deputy Governor of the Bank of England, and was then serving as Chairman of Prudential plc.
Appointed in July 2003, Clementi published a consultation paper in March 2004.[11] In the paper, he asked respondents to comment on a range of topics, including:
- What were the appropriate objectives of a regulatory system for legal services?
- Whether a regulatory system should see a clear distinction between the regulatory and the representative role of a professional body?
- Whether the mechanism for handling consumer complaints is better organized within the professional bodies or outside, reporting to an independent regulator?
- What demand and what advantages and disadvantages exist in respect of alternative business structures?[12]
Clementi received 265 written responses to his consultation paper, including, without surprise, from the Law Society of England and Wales and from the Bar Council (which, at that time, served in both representative as well as regulatory functions of solicitors and barristers, respectively).[13]
Clementi met the deadline for the completion of his investigation, issuing what is now referred to as the "Clementi Report" in December 2004.[14]
The organization of Clementi's 139-page report neatly mirrored the three principal issues mentioned above—namely, reform of the regulatory framework, reform of the complaints system, and reform of the restrictive nature of business structures.
In addressing the issue of the regulatory framework, Clementi began with the question of what the objectives of a regulatory regime should be. He stated that clarification of regulatory objectives is "critical" for those charged with regulatory responsibility, since the objectives represent the criteria against which they must determine the appropriate regulatory action, and the criteria against which they will be held accountable.[15]
In its response to the consultation paper, the Bar Council stated that, for it, the basic purposes of regulation were to seek to ensure that members of a professional body are suitably qualified and observe appropriate ethical standards.[16]
But Clementi rejected this narrow description as being "a rather profession centric view."[17] Instead, in his report, Clementi listed six objectives for legal service regulators and recommended that they provide the core around which a regulatory framework for legal services be built.
As can be quickly understood from the list below, the objectives that Clementi recommended for legal service regulators go far beyond merely assuring that services providers are qualified and act ethically:
Maintaining the rule of law:
The rule of law embodies the basic principles of equal treatment of all people before the law, fairness, and a guarantee of basic human rights. A predictable and proportionate legal system with fair, transparent, and effective judicial institutions is essential to the protection of both citizens and commerce against any arbitrary use of state authority and unlawful acts of both organizations and individuals… [T]hose charged with regulating legal service providers should have an important part to play in ensuring the rule of law by creating conditions necessary for its delivery.[18]
Access to justice:
Access to justice has [a variety of dimensions but it is critically] an issue about access for those who are disadvantaged and in particular those who cannot afford to pursue their legal rights.[19]
Protection and promotion of consumer interests:
The regulator of legal services should have a twin duty in respect of consumers: first to ensure that consumers have sufficient information about the standards of the services provided so that they are able to take informed decisions about these services; and second, given that consumers may not always be 'informed', to have powers to act in the market, for example, to prohibit oppressive marketing practices, raise or set standards, develop information/awareness programs, resolve disputes and protect vulnerable groups.[20]
Promotion of competition:
Any Regulator of legal services should have as an objective the prevention of unjustified restrictions on the supply of, and encourage competition in, the provision of legal services and the promotion of choice in both the number and type of providers, subject to the proper safeguard of consumers' interests.[21]
Encouragement of a confident, strong and effective legal profession:
The regulatory objective of maintaining a strong and effective legal profession (including setting appropriate entry standards and supporting new entrants to the market) [will] help to ensure access to justice, the maintenance of a healthy supplier base for publicly funded work and continued support for pro bono initiatives, thereby serving the public interest. It would also underpin the international efforts of our legal sector. [Clementi considered that the Bar Council's limited objectives would be covered by this one].
Promoting public understanding of the citizen's legal rights:
The regulator should maintain the professional obligation on lawyers to set out for clients their rights and the consequences of different options.[22]
Having explained his recommendations for the objectives of a regulatory regime, Clementi then turned to the regulatory model itself.
He began by agreeing that "the current system is flawed." For him, this was due to a number of reasons, not by any means limited to the large number of regulatory bodies and their overlapping functions that others had cited. For Clementi, the problem was much larger than that: The regulatory system had no clear objectives or principals, and it had insufficient regard to the interest of consumers.[23]
Clementi agreed that the complaints system was also flawed, as regards its efficiency, as regards the overlapping powers of the oversight bodies, and as regards the principle of the system itself, questioning whether a system for complaints against lawyers that is run by lawyers themselves could achieve consumer confidence.[24]
Finally, Clementi's third area of concern was about the restrictive nature of the permitted business structures for legal services. He observed that they had changed little over a long period of time, with its most easily recognizable structure as the sole practitioner or partnership of lawyers. But business practices have changed, he argued. Notably, the skills necessary to run a modern legal practice have developed; but while those with finance or IT skills may sit on the management committee of a legal firm, they were not permitted to be principals in the business.[25]
Clementi observed that the concerns he outlined are related to each other. Notably, he pointed out, one of the difficulties which stands in the way of new business structures is that the current framework does not easily allow for their regulation.[26]
Before finally setting out his suggestions for reform in relation to his three areas of concern, Clementi made some additional observations. For Clementi:
- Each type of "economic unit" that can embody a legal service has its own advantages and disadvantages. He rejected the suggestion that any one type of economic unit, be it a sole practitioner, unlimited partnership, limited liability partnership, or company, would be better than another for serving the interests of consumers and the public. To the contrary, he favored a regulatory framework which permits a high degree of choice: choice both for the consumer in where he goes for legal services, and for the lawyer in the type of structure he works for.
- It is wrong to see a conflict between lawyers as professionals and lawyers as business people. For him, access to justice requires not only that the legal advice given is sound, but also the presence of the business skills necessary to provide a cost-effective service in a consumer-friendly way. Citing complaints about the delays experienced when lawyers are involved and frustration over the uncertainty of costs, Clementi observed that "complaints arise as much from poor business service as from poor legal advice. If certain lawyers continue to reject the notion that they are in business, such complaints will continue until they are indeed out of business."
- It is wrong to assume that high quality legal services can or should only be provided at high cost. Clementi stated high quality legal services are important to society, but of limited value if available only to the very rich or those paid for by the government. In developing business systems to minimize costs while maintaining high standards, there is no reason why lawyers should not work alongside those with other skills, for example in finance or IT. Reforms can be developed that both encourage cost-effective practices while maintaining both quality and ethical standards.[27]
With this preface, Clementi's most salient recommendations for reform were as follows:
Regulatory Bodies
Clementi made two principal recommendations with respect to regulatory bodies:
His first principal recommendation was that representative and regulatory functions should be clearly separated into different bodies. Clementi stated that this change was needed to protect public and consumer interest, to promote competition and to encourage innovation. For Clementi, it was not possible that the same body could both effectively regulate a profession at the same time that it was also charged with representing it and lobbying for its interests: "There is a conflict of interest between the two roles which should be tackled." Specifically, in a regulatory body the public interest should have primacy, and issues such as changes in practice rules should be examined, not against the wishes of the membership, but against the test of public interest. Further, he stated, it is particularly difficult for professional bodies that combine both regulatory and representative roles to deal with competition issues. Regulatory bodies should be expected to encourage open competition, subject to maintaining quality standards; representative bodies have a legitimate right to fight their corner, warning that the public may suffer if the market is opened too widely. This is a difficult set of conflicting issues for one body to balance. Indeed, Clementi observed, both the Law Society and the Bar Council had demonstrated difficulty in getting significant practice rule changes approved by their representative councils.[28]
Clementi's second principal recommendation with respect to regulatory bodies was the establishment of a Legal Services Board ("LSB"), charged with the oversight of the "frontline" regulatory bodies. Clementi called this structure Model B+. In making this recommendation Clementi also considered an alternative, called Model A, where all regulatory power and authority across all legal professions (solicitors, barristers, etc.) would be invested into one single authority. However, Clementi rejected Model A in favor of Model B+, for a variety of reasons, notably, in his opinion: (i) leaving day-to-day rule-making and oversight as far as possible at the practitioner level is more likely to increase the commitment of practitioners to high standards—so they see rules as aids to raise standards and not as constraints to be circumvented; (ii) leaving day-to-day rule making and oversight at the practitioner level more clearly demonstrates the independence of the legal profession from the government; (iii) consistency among rules can be sufficiently guaranteed by the LSB setting minimum standards—this then permits for appropriate variations in standards depending upon the legal profession in question, (iv) Model B+ provides greater flexibility for the LSB to be empowered to, for example, authorize new regulatory bodies to come into existence and/or to modify their mandates.[29]
With respect to representative bodies, Clementi further recommended firstly that regulatory bodies should have lay involvement in their decision making functions, and secondly that a one-year term for a Chair of a regulatory body is too short. Such a short term, he stated, is "long enough for the incumbent to want to ensure that no damage is sustained 'during his watch' but not long enough to see through difficult change."[30]
Complaints Handling Process
Clementi recommended that the complaints handling process be simplified and streamlined by the creation of a single complaints handling body for all consumer complaints, which he called the Office for Legal Complaints ("OLC"). He listed these benefits of such a process:
- Independence from the legal profession
- Simplification for consumers, due to a single system with one point of entry,
- Greater consistency and clarity of process,
- Greater flexibility, notably in order to accommodate alternative business structures.[31]
Clementi recommended that the LSB have oversight over the OLC, but that such oversight should be limited to systemic and policy issues, without encompassing individual complaints. Finally, Clementi recommended that the OLC have a board structure, the majority of which, as well as the Chair, should be nonlawyers.[32]
Alternative Business Structures
Clementi's recommendations in this regard were to move forward in two stages. The first, arguably modest, stage should be to permit lawyers regulated by different professional bodies (notably, but not exclusively, solicitors and barristers) to practice together as equals in the same structure (at the time the Clementi Report was issued, this was not permitted). Clementi referred to these structures as Legal Disciplinary Practices (LDPs), and further argued that outside ownership of them should be permitted, subject to certain regulatory verifications that such owners are fit to own, and, especially, that their managers are fit to manage. Clementi recommended that in regulating LDPs, the focus should be on the economic unit rather than on individual lawyers, and a determination of the LDPs authorization to practice would include an examination of its governance and administrative arrangements.[33]
It is only once a regulatory system for LDPs has been established, Clementi stated, that regulatory authorities should then consider moving to the second step, of authorizing multi-disciplinary practices (practices that bring lawyers together with other professionals to provide a combination of legal and non-legal services to third parties).[34]
Clementi explains these recommendations as follows:
In the context of a market where restrictive practices operate as a barrier to innovative forms of service delivery, the absence of an articulated consumer demand is not, in itself, a persuasive argument that other forms of service delivery should not be permitted. Further, even if consumer demand is not articulated directly as such, it can be observed in the attitudes and fears that many people have with respective to lawyers and legal services: that legal services are too expensive, that lawyers are often difficult to approach and to understand, that lawyers provide poor customer service.[35]
Further, such changes can also benefit legal service providers. For example, they will permit adequate reward for non-solicitors who play a key role in the success of the business—people such as IT, HR, and finance specialists. In addition, they will open new opportunities for those in the legal profession who feel excluded from the partnership role in a traditional legal practice—because they are not able to put up the required capital, because they are members of ethnic minorities who feel they do not "fit" into a traditional partnership role, and/or because due to personal commitments are not able to undertake the work commitment required of a traditional partnership role. Such changes, Clementi stated, would broaden access to capital, reduce the need for practitioners to put in equity capital, and accommodate varied work styles to suit a broader range of people wishing to work in the profession."[36]
Clementi cited existing examples of different types of legal professionals already working together with nonlawyers in management positions, in manner that did not compromise professional standards. The examples he cited were the many legal practices where professionals with IT, HR and finance skills already sat on the Executive Committees of their firms, and also Law Centers (organizations that provide legal assistance to persons in the UK who cannot afford a lawyer).[37]
Finally, Clementi argued that it should be possible to address ethical concerns through regulation, and notably by shifting emphasis towards regulation of the economic unit rather than of the individual practitioner.[38]
Clementi rejected arguments that "widening the net of ownership" led to greater risk. To the contrary, he responded that many shareholders would bring business practices to firms that would improve the standards of many firms, and notably higher levels of internal controls. That being said, Clementi recommended that prospective outside shareholders be subject to a "fit to own" test. While he deferred to the regulator to fix the parameters of such a test, he suggested that it would consider honesty, integrity and reputation, competence and capability, and financial soundness. He further suggested that the regulator would be entitled to look at the business plan of the prospective owner and to understand what type of practice it wished to run and why. Further, in a group context, Clementi stated that the regulator should have the right to look beyond the immediate shareholder, for example to the ultimate beneficial owner.[39]
Clementi rejected the Bar Council's argument that "a conflict would inevitably rise between the commercial interests of the owners and the ethical duties on which the practice of law is based." Clementi stated that with proper safeguards in place, it is not at all inevitable that this would happen. Further, he continued, clients are not fully protected from unethical actions as it is today, as witnessed by the reports of the Solicitors Disciplinary Tribunal, which lists the names of those who have been struck from the Roll for malpractice and criminal behavior.[40]
After the Clementi Report
Immediately after Clementi issued his report in December 2004, the Government "warmly" welcomed it, and stated that it "broadly" accepted the report's main recommendations, as well as the arguments for change that it set out.[41]
In October 2005, the Government issued its own White Paper, in which it described more fully its reaction to the Clementi Report, and explained the Government's agenda for reforming the regulation and delivery of legal services in England and Wales.[42]
Finally, in May 2006, the Government circulated its draft Legal Services Bill, together with explanatory notes and a regulatory impact assessment. The Bill was the subject of the extensive scrutiny and debate, and as a result it exploded in size: In its first incarnation, the Bill contained 159 clauses and 15 Schedules, but by the time it emerged from Parliament in 2007, it had grown to 214 sections and 24 Schedules, filling up 389 pages.[43]
Perhaps surprisingly, the debate did not focus on the fundamental changes that Clementi had recommended in his report. Instead, most of the commentators on the draft Bill, and most notably the Law Society and the Bar Council, expressed general support for Clementi's recommendations. For example, the Law Society stated that Clementi's recommendations "have the potential to improve the way in which the legal services market operates for consumers and practitioners alike,"[44] and the Bar Council stated that it is "in favor of the liberalization of services."[45]
In fact, both the Law Society and the Bar Council implemented certain of Clementi's recommendations even before the circulation of the Bill. Notably, each of them split their regulatory and representation functions, with the creation of the Solicitors Regulation Authority in 2005 and the Bar Standards Board in 2006.[46] (However, the separation was only operational, and yet today the SRA and the BSB both remain housed under the Law Society and the Bar Council, respectively. As explored below, this incomplete independence remains today a point of contention).
The elements of the Bill that sparked the most concern and discussion were those considered to have diverged too far from Clementi's recommendations. The most notable debates centered on the extent to which the independence of the legal profession from government would be assured, and the process for complaint handling.
With respect to the independence of the legal profession, for example, the Law Society objected that the first draft Bill gave the Lord Chancellor (a high-ranking government function) the sole power to make appointments to the LSB without consultation. And both the Law Society and the Bar Council complained that the first draft Bill gave the LSB wide powers to intervene in the work of the front-line regulators, in contrast to the "light touch" recommended by the Clementi Report. Presumably in response to these comments, the final draft Bill provided that the Lord Chancellor may make appointments to the LSB only upon consultation with the Lord Chief Justice (a person selected by the non-departmental public body called the Judicial Appointments Commission), and it clarified both that primary regulatory responsibility rests with the front-line regulators, and that the LSB may interfere only when their actions are unreasonable.[47]
Additional questions for debate were:
(i) The impact that ABSs were predicted to have on access to justice: Some argued that ABSs would decrease access to justice because they would cherry-pick the most profitable work, leaving the less profitable work to existing firms, driving them out of business. It was considered that this concern would be mitigated by requiring the front-line regulator to take account of the regulatory objective of access to justice in considering an application for an ABS license.
(ii) The cost of regulation: There was strong debate over who should cover the costs to establish the new regulatory bodies, and who would pay for their operation. The Government's position, and the position that prevailed, was that it would be the legal service providers, via fees levied by the regulators.[48]
On the topic of ABS, the Law Society stated that it: "supports the development of new business structures for the delivery of legal services to the public. The Law Society believes that, provided the necessary consumer protection can be put in place, there should be no restrictions on the entities through which legal services can be provided to the public."[49]
Less enthusiastic but nevertheless supportive, the Bar Council stated: "The proposed new ABSs may well provide improved ways for consumers to access legal services and provide new sources of work for barristers."[50]
Their support of ABSs was not without reserve—for example, the Law Society emphasized that ABSs should be subject to the same regulations as other structures,[51] and the Bar Council stressed that the regulations should assure proper standards of conduct by lawyers and nonlawyers alike.[52]
In spite of the more or less tepid support of the Law Society and the Bar Council, not all lawyers were in favor of the Bill, and notably not in favor of ABSs. For example, Clive Sutton, of the Solicitors Sole Practitioners Group, said that given the changes had only previously been adopted by two states in Australia, they were "untried and untested innovation," and they would "[put] at risk the independence of legal advice, via the profit interests of commercial owners."[53]
Sir David Clementi: Clementi explains why he was chosen to prepare a report on the regulatory system for lawyers, and his approach in preparing the report.
This chapter is an excerpt from Modernizing Legal Services in Common Law Countries: Will the US Be Left Behind? To learn more about the book, please click here.
[1] Some efforts to reform were attempted even sooner, in 1989. See: Richard Devlin and Ora Morison, "Access to Justice and the Ethics and Politics of Alternative Business Structures," The Canadian Bar Review 91 (2012): 508-511, http://ssrn.com/abstract=2437035. This article also contains an excellent review of the larger historical and political context in England and Wales. Ibid., 508-525.
[2] Paul Paton has provided a succinct review of the events that led to the adoption of the Legal Services Act. See Paul D. Paton, "Between a Rock and a Hard Place: The Future of Self-Regulation—Canada between the United States and the English /Australian Experience," Journal of the Professional Lawyer (2008): 97-104, https://ssrn.com/abstract=1226802.
[3] Michael McLaren and Marianne Butler, "Origins of the Legal Services Act 2007," in Guide to the Legal Services Act 2007, ed. James Thorne and Iain Miller (UK: LexisNexis, 2009), 2.
[4] Ibid., 1.
[5] Department for Constitutional Affairs, "The Future of Legal Services: Putting Consumers First," October, 2005, 8, 94, http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/legalsys/folwp.pdf.
[6] Director General of Fair Trading, "Competition in Professions," March, 2001, 30, http://webarchive.nationalarchives.gov.uk/20140402142426/http:/www.oft.gov.uk/shared_oft/reports/professional_bodies/oft328.pdf.
[7] Ibid., 13. This phrase actually reads "by a system where individual practitioners rather than business structures were regulated." Presumably this construction was a mistake and the intended sentence was "Concerns about regulating solicitors employed by non-solicitors could be met by a system where business structures rather than individual practitioners were regulated."
[8] "Government Conclusions — Competition and Regulation in the Legal Services Market: A Report Following the Consultation 'In the Public Interest?'" July 2003, http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/consult/general/oftreptconc.htm.
[9] Ibid.
[10] Ibid.
[11] David Clementi, "Consultation Paper on the Review of the Regulatory Framework for Legal Services in England and Wales," March, 2004, http://webarchive.nationalarchives.gov.uk/+/http://www.legal-services-review.org.uk/content/consult/review.htm.
[12] McLaren and Butler, "Origins of the Legal Services Act 2007," 3-4.
[13] Ibid., 4.
[14] David Clementi, "Review of the Regulatory Framework for Legal Services in England and Wales: Final Report," December, 2004, http://webarchive.nationalarchives.gov.uk/+/http://www.legal-services-review.org.uk/content/report/report-chap.pdf.
[15] Ibid., 14-15.
[16] Ibid., 18.
[17] Ibid.
[18] Ibid., 15.
[19] Ibid., 16.
[20] Ibid.
[21] Ibid., 17.
[22] Ibid.
[23] Ibid., 1-2.
[24] Ibid.
[25] Ibid., 2-3.
[26] Ibid., 3.
[27] Ibid., 5-6.
[28] Ibid., 27-30.
[29] Ibid., 32, 34-35.
[30] Ibid., 36-37.
[31] Ibid., 64.
[32] Ibid., 73.
[33] Ibid., 138-139.
[34] Ibid., 139.
[35] Ibid., 108-109.
[36] Ibid., 110.
[37] Ibid., 114.
[38] Ibid., 112.
[39] Ibid., 117.
[40] Ibid., 116-118.
[41] Lord Falconer of Thoroton, "Legal Services: Clementi Report," written statement to House of Lords, December 15, 2004, http://hansard.millbanksystems.com/written_statements/2004/dec/15/legal-services-clementi-report#column_83ws.
[42] Department for Constitutional Affairs, "The Future of Legal Services," 94.
[43] McLaren and Butler, "Origins of the Legal Services Act 2007," 10.
[44] "Memorandum by the Law Society of England and Wales," Joint Committee on the Draft Legal Services Bill Minutes of Evidence, June 2006, http://www.publications.parliament.uk/pa/jt200506/jtselect/jtlegal/232/6060802.htm ("Law Society Memorandum").
[45] "Memorandum by the General Council of the Bar," Joint Committee on the Draft Legal Services Bill Minutes of Evidence, June, 2006, http://www.publications.parliament.uk/pa/jt200506/jtselect/jtlegal/232/6060812.htm ("Bar Council Memorandum").
[46] McLaren and Butler, "Origins of the Legal Services Act 2007," 10.
[47] Ibid., 10-11.
[48] Ibid., 11.
[49] Law Society Memorandum.
[50] Bar Council Memorandum.
[51] Law Society Memorandum.
[52] Bar Council Memorandum.
[53] "Supermarket 'Law Shops' to Sell Legal Services," BBC News, October 6, 2011, http://www.bbc.co.uk/news/uk-15187154.


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How to Grow Cilantrocomments (5) August 4th, 2008
Cilantro shows off its versatility in the kitchen and in the kitchen garden. Answering to names like coriander leaf or Chinese parsley, this aromatic herb is bursting with flavor and bouquet. At once pungent, complex, and redolent of citrus and spice, cilantro provides a refreshing foil for the fiery chiles, garlic, and spices favored in Mexican, Chinese, Southeast Asian, and Indian foods.
Cooks around the world use different parts of this plant. Thai cuisine prizes the roots in spicy marinades, while the bright green leaves season and garnish Chinese stir-fries and Vietnamese noodles. Packed with inimitable personality, cilantro leaves also provide the green garnish that enlivens Mexican salsas, soups, and salads
|Favored in Asian and Mexican cuisines, cilantro can be tricky to grow because it bolts quickly.
Thin cilantro seedlings to 12 in. apart when true leaves appear, no later, because once established, cilantro resents being moved.
While cilantro brings delight in the kitchen, it may cause gardeners despair when they attempt to grow it. Cilantro abounds in hot-blooded countries and cuisines, yet it does not abide hot weather and bolts at the first sign of summer (or spring) in my Texas garden. Several unseasonable 80˚F days in February will send it into a premature flowering frenzy.
I learned to grow cilantro the hard way. Following advice in British and New England herbals, I sowed seeds in spring once there was no danger of frost. By April, I had a garden full of stunted cilantro plants in full bloom, long before their culinary partners—tomatoes, chiles, eggplant, and squash—were ready for harvest. In the fall, however, I discovered self-sown volunteers exuberantly springing forth from the earth.
|Tracing the roots of coriander
Aphrodisiac, carminative, and spice, coriander cures what ails you and puts some zing into your life, as well. Hippocrates recommended it, ancient Egyptians used it, and the Bible makes references to it. During the Middle Ages, coriander was used in medicine, cooking, and love potions. The word coriander sprang from the Greek word koris, which means bedbug, referring to the similarity in smell between the insect and the herb. It is fitting that a plant with such earthy etymological roots has found favor throughout the world.
The word cilantro, which is the one most people associate with the leafy greens of the plant, as opposed to the seeds, probably came from south of the border.
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A scary moment occurred Tuesday night in an AHL game when Brian McGrattan of the San Diego Gulls was knocked unconscious during a fight with Daniel Maggio of the San Antonio Rampage.
McGrattan was hit with a right hand before falling face-first to the ice.
He remained unconscious and had to be stretchered off.
The Gulls tweeted an update that the 34-year-old regained his consciousness and was alert with full movement in the hospital.
Here is video of the incident.
WARNING: This may be difficult to watch.
Before signing with the Anaheim Ducks organization, McGrattan played 317 games in the NHL with the Ottawa Senators, Calgary Flames and Nashville Predators.


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Ireland is an enchanting country with picturesque castles, quaint towns, rugged coastline and the lush green hills that give the 'Emerald Isle' it's moniker. This island in the North Atlantic is slightly larger than West Virginia and boasts a rich history and friendly people.
This country is divided into the Republic of Ireland (Ireland) and Northern Ireland (part of the United Kingdom). Both countries are easily accessible to travelers, although there may be a cross border coverage fee charged by your rental car company. Be aware that just like in England and other former English colonies, cars are meant to be driven on the left side of the road. This can be very confusing to Americans, especially when driving through a roundabout. In addition, many rural roads do not have a shoulder of any kind and a concrete wall may be an inch (2.54cm for the rest of the world) from your side view mirror. We were so glad that we spent the extra money for comprehensive insurance coverage. Fortunately, the road signs are bilingual; the two official languages of the country are Gaelic and English. We had no problem getting around. On a side note, if you are given the option to rent a GPS with your rental car, do it.
United States citizens do not need a visa to travel to Ireland but must register with authorities if planning to stay longer than 3 months. This country is a member state of the European Union and the Euro is its currency. American credit cards are widely accepted.
There were no children on this trip. As much as I love to travel with my children, sometimes adult time is needed. A good friend of mine wanted to celebrate a milestone birthday with a trip to Ireland, so that's exactly what we did.
We spent the majority of our time in Dublin. Our trip was at the end of October which brought rain and a chill in the air. But Dubliners are a hearty bunch and there were always people walking the streets and enjoying the city. This was a great time to be there since it's the low season for tourists. We easily entered every pub or attraction we went to.
The plan was to run the Dublin Marathon and then spend the rest of our time enjoying Dublin and the countryside. My friend was injured and unable to run but she toasted me with a Guinness after the race. The marathon course was challenging but I was able to get a good feel for the city. I ran past medieval churches and through charming villages, being cheered on by lively locals along the way. I earned a personal record (pr) for my marathon time.
No visit to Dublin would be complete without a visit to the Guinness Storehouse. The tour is a walk through the brewing process and history of this iconic Irish stout. You finish with a complementary pint of Guinness and a beautiful view of the city.
We left Dublin and headed west to an area known as the Burren. This region is renowned for it's grey rolling hills formed by pre historic sedimentary rocks. Here, moss and orchids grow in the wild rock gardens. The Burren is home to ancient archiological sites such as the Poulnabrone Dolmen, a tomb that is estimated to be 5,500 years old.
Poulnabrone Dolmen
The Cliffs of Moher are a short drive from the Burren. These legendary cliffs will get your heart pounding with their jarring heights. Strong winds sweep the soft grasses and the Atlantic pounds the rocky coastline. Most tourists head to the guidebook recommended visitor center, but to really experience the cliffs, it is better to get off the beaten path. We opted to ask a local for the best way to see the cliffs. We weren't disappointed. We were led through a tiny village and on a scenic hike that followed a dirt path used primarily by local farmers. We were rewarded with spectacular views of The Cliffs of Moher that most people only get to see in pictures. GPS did not help us this time, but this experience is an example of what you can encounter as traveler instead of being just a tourist.
This trip to Ireland was incredible. One week was definitely not enough. I plan to bring the kids back in the future and see more of the island. I have found that the best trips are the ones where only a small part of the country is explored. It's the only way to really get a taste of the local culture, food, and worthwhile sites.
A little extra: Beautiful crosses
Reality Check:
Travel with a group can be challenging. We opted to rent a house through VRBO (vacation rental by owner) and it worked out very well. Each person or couple had their own space but we could get together to see the city or go to dinner. Traveling this way also made the trip more affordable. Fortunately, my friend has a knack for choosing the right personality types to bring along on such an adventure.


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Arnold & Itkin has recently filed a suit on behalf of a Houston woman who suffered serious neck and back injuries in an 18-wheeler accident. Attorneys Jason Itkin, Cory Itkin and Noah Wexler will be representing the young woman during this case.
She sustained her injuries when an 18-wheeler struck her vehicle from behind, resulting in a rear-end accident. The truck was owned and operated by Mike Stone Grass Farms, which delivers to locations throughout Texas and Louisiana. With roughly 500,000 trucking accidents happening every year in the U.S., more and more innocent people are suffering on the road.
Our firm filed the case in the District Court for Harris County, Texas. Arnold & Itkin is proud to help this woman get the medical attention she needs while pursuing a just financial compensation.


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Written by LINDSAY DAVEY and originally published here. To read part one of this article, click here.
Type 2: Pediatric Secondary Lymphedema
Secondary lymphedema is a chronic swelling condition caused by damage to lymphatic vessels or nodes in an area of the body. While commonly thought of as an affliction of adults, secondary lymphedema can occur at any age.
I) How does pediatric secondary lymphedema occur?
The lymphatic system is comprised of lymphatic vessels and lymph nodes that normally act to clear excess fluid called 'lymph' from tissues of the body, and recycle it back into the blood stream. Along with the cardiovascular system (your arteries and veins), the lymphatic system is responsible for maintaining a healthy fluid balance, clearing cellular waste, and participating in immune surveillance.
If the lymphatic system fails to work properly, lymph fluid will accumulate in the affected area of the body, and swelling will occur. The stagnant lymph also results in local immune system suppression and increased susceptibility to infection.
If left unchecked, a patient will normally progress through the stages of lymphedema (see Table 1 below) culminating in permanent changes to the area including fibrosis (scar formation) and adipose deposition (fat accumulation). See our blog post: "Untreated Lymphatic Swelling Promotes Weight Gain by Altering Stem Cell Behaviour".
Lymphatic injuries that can cause secondary lymphedema in children include:
- Malignant tumours which physically interfere with lymphatic function.
- Lymphatic damage caused by medical interventions including cancer treatment, or surgery such as to correct an undescended testicle (ref6).
- Severe traumatic injury that permanently damages lymphatic vessels or nodes.
- Infection causing severe inflammation.
- Other syndromes and disorders that can cause lymphatic damage:
- Amniotic band syndrome and hair-tourniquet syndrome in newborns.
- Congenital vascular malformations (of small arteries and veins).
- Lipedema.
Stages of Primary and Secondary Lymphedema in Children
The progression of lymphedema in children follows the same general pattern as for adults, regardless of the origin of the lymphedema (primary or secondary), or the location of the body region affected. The stages of lymphedema are described in Foldi's scale (see Table 1). For head and neck lymphedema some modification to the stages has been proposed (see: "Patient Guide to Head and Neck Lymphedema Following Cancer Treatment").
Table 1: Foldi's scale describing the stages of lymphedema progression in children and adults.
|Small areas of scar tissue formation
|No visible swelling
|Small areas of scar tissue formation, high-protein swelling
|Self-reversing swelling (elevation or sleep may reduce swelling), soft and 'pitting' (finger press leaves a temporary indent)
|Medical history, visual inspection and palpation may be sufficient
|Significant scar tissue formation, swelling, adipose (fat) accumulation
|Irreversible swelling (unless treated), firm and non-pitting
|Medical history, visual inspection and palpation may be sufficient
|Extensive scar tissue formation, swelling, adipose (fat) accumulation
|Extensive and irreversible swelling, firm and non-pitting, with some degree of physical debilitation
|Medical history, visual inspection and palpation may be sufficient
If left untreated and unmanaged, children with lymphedema will normally progress to stage 2 of the condition, and in some cases to stage 3.
Thankfully, age of lymphedema onset does not appear to influence how the disease progresses, nor its prognosis. Infants with lymphedema do not appear to have worse outcomes than children who develop it later in life (ref5,6).
Diagnosis of Primary & Secondary LE in Children
Physical examination and Medical History
If a practitioner is knowledgeable about lymphedema, the diagnosis of lymphedema in adults can most often be made based on medical history, visual inspection, and examining the skin and underlying tissue with their hands alone.
For children, this can be more of a challenge. For example, the reason for a swollen leg in a child can be difficult to determine as various potential causes must be first ruled out (ref7).
For this reason, medical history, visual inspection and hands-on palpation alone may not suffice for a diagnosis of lymphedema in children.
Lymphoscintigraphy is a very effective diagnostic tool for confirming the presence of lymphedema in both adults and children, as well as for understanding the location and degree of lymphatic obstruction. In the case of leg lymphedema, lymphoscintigraphy involves injecting a radioactive tracing agent into the feet of a patient and mapping the flow of the tracer over time as it travels through the legs' lymphatics, using a radiation detecting camera or scanner.
Guidelines on when to use lymphoscintigraphy in children are unclear. Some groups do not consider lymphoscintigraphy to be appropriate or effective in young children (ref8, ref9). It has been proposed by another group to be suitable for children over 10, in order to ensure that the child can understand and effectively participate in the procedure (ref5).
Genetic Testing
Genetic testing can be useful for establishing the presence of a genetic syndrome linked to primary lymphedema in children. See above for a list of syndromes potentially implicated.
Magnetic resonance imaging (MRI) with or without contrast agents may be useful for ruling in lymphedema in infants and young children where lymphoscintigraphy is inappropriate, or to rule out other causes of swelling including tissue hypertrophy (ref3,9). It can be used to look for physical issues such as missing lymph nodes, or other vascular or lymphatic abnormalities.
Other Diagnostic Tools
- Physicians may order various additional tests, often in order to rule out alternative diagnoses. Recent studies indicate that physicians commonly order ultrasonography, as well as X-ray studies (computed tomography, and plain films) to better understand the source of swelling in children with lymphedema (ref6).
- Ultrasound can be used to determine if swelling is an accumulation of fluid, and of what type, or to look for vascular clots as an alternative cause. Doppler ultrasound can be used to help evaluate fluid flow in arteries, veins and lymphatic vessels.
- Prenatal ultrasound can be used to identify the presence of lymphedema in the third trimester of pregnancy.
- Common blood tests may also be helpful to rule out other potential causes of swelling, such as hypoproteinaemia.
Diagnosis and Treatment of Childhood Lymphedema is Often Delayed
The diagnosis of lymphedema in children is often delayed, and so too is proper care and management of the condition. This can result in considerable stress for the family and can create less favourable outcomes for the child.
Patients with primary lymphedema appear to wait longer for diagnosis and subsequent treatment than their peers with secondary lymphedema.
One study in Victoria Australia showed that people (of all ages) with primary lymphedema waited on average 9.4 years for a diagnosis, compared with 1.5 years for patients with secondary lymphedema (ref2). The delay in diagnosis for primary lymphedema patients is presumably in part due to the relative rarity of the condition, in part due to its transient nature at early stages, and in part due to having to rule out various alternative diagnoses.
Treatment of lymphedema in children may also be delayed due to a lack of knowledge about the condition and the available services to treat it. In the UK one study showed that after diagnosis, 16% of patients waited less than 6 months for a referral, and 55% waited less than 2 years, but 16% reported waiting 10-17 years after first showing symptoms (ref3).
To read part 1 of this article click here.
To read part 3 of this article click here.


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Chapel Ridge Villas, maintenance provided neighborhood in Parkville. This homesite is likely a walkout, subject to final buyer's survey. 1 of 20 lots. Will sell individually or as a package. Pool & clubhouse complete with additional pool & playground planned in the future
Club House, Curbside Recycling, Exercise Room, Lawn Maintenance, Party Room, Snow Removal, Swimming Pool, Trails, Trash Pick Up
ReeceNichols - Lees Summit.
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Listing information last updated on January 20th, 2020 at 3:50am CST.


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How to Think Like Leonardo da Vinci: Seven Steps to Genius Every DayReply
Is it absurd to even dare to dream that we regular folks could embody anything even close to the creative genius of Leonardo da Vinci? A man who played such a pivotal role in the evolution of human intellectual, artistic, and scientific thinking.
By going through Michael Gelb's wonderful book of the title above, many of us certainly can unleash considerably more of our own creative geniuses. A lifelong scholar on Leonardo da Vinci's life and work, the author identifies and details seven basic habits cultivated by the maestro that enhanced da Vinci's gifts and enriched his life. http://michaelgelb.com. Gelb's book also offers a range of great exercises that will enable those who practice them to nourish their own innovative capacities while enhancing the quality of their lives and enjoyment. — Perhaps some of us will want to experiment with some of these together, and report out on any "ah-ha" moments?
As I summarize some of these practices over the next couple of weeks, thanks to the miracles of modern podcasting technology — we are going to be blessed with a couple of special guest appearances related to this captivating book!
Here now, is a list of the seven practices. In subsequent posts, I'll go into more detail of the various habits and summarize some of the suggested related exercises. The Italian words are listed first, in honor of the maestro's native tongue. Those that also happen to be referred to by the stand-out leaders in the IBM study (coincidence? hmm..) are bolded in blue, and the subsequent posts will discuss some of those parallels, as well.
- Curiosità – Curiosity*: An insatiably curious approach to life and an unrelenting quest for continuous learning. (My note: A willingness to ask key questions.)
- Dimostrazione – A commitment to test knowledge through experience, persistence, and a willingness to learn from mistakes.
- Sensazione — The continual refinement of the senses as the means to enliven experience.
- Sfumato ("going up in smoke") – A willingness to embrace ambiguity, paradox, and uncertainty.
- Arte/Scieza – The development of the balance between science and art, logic and imagination. "Whole-brain thinking."
- Corporalita – The cultivation of grace, ambidexterity, fitness, and poise.
- Connessione – A recognition of and appreciation for the interconnectedness of things and phenomena. Systems thinking.
*Curiosità was a topic recently covered in the "Asking the Right Questions" post. It is telling that it is first on the list.
I'll leave you with one quote from the book related to a classic study on higher education and the low rate of retention, even a month after final exams, at a top university. This harkens back to a critique I posed in an earlier post: "The authority-pleasing, question-suppressing, rule-following approach to education (and I would add, doing business) may have served to provide society with assembly-line workers and bureaucrats, but it does not do much to prepare us for a new Renaiassance."
A new renaissance is exactly what is needed with innovative approaches to how we run our organizations and governments, conduct our commerce, and engage our citizens.
Ciao for now!
Tags: Creative Arts & Innovation, creative genius, creative geniuses, creativity and innovation in organizations, Curiosity & Asking Questions, innate curiosity, leonardo da vinci, michael gelb, Riding the Wave Training & Development, Whole brain thinkingReturn >>


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Urgent action is needed to raise living standards and help people progress into better jobs, the head of Britain's largest employers' group has said on a visit to the North East.
John Cridland, director general of the CBI, said the recovery was not being felt by many people in the North East because they were stuck in low paying jobs or saw much of their income taken up by housing and childcare costs.
A member of the Low Pay Commission that introduced the Minimum Wage in 1999, Mr Cridland spoke of his frustration that many of the very same people who were on the rate at the time were still being paid the lowest legal wage 15 years after its introduction.
He called on businesses to do more to help people progress to better jobs, which he said can be more difficult in the modern, more technically demanding workplace.
But he also praised businesses in the region, saying they were among the best in the country because "given what the North East has been through in the last 30 years, you've had to be excellent to survive."
He said: "The big issue in the North East is living standards. That's more of an issue here in the North East than in any other part of the country.
"I personally find it really frustrating that while the economy is growing well – 3% growth in GDP is a good result – lots of people in the North East aren't feeling it because it's not reaching them. We will only have a healthy economy if we tackle the debate about living standards.
"I was a member of the Low Pay Commission for 10 years, I was one of its founder members and I brought in the National Minimum Wage in 1999. I'm proud of that because a million workers got a 25% pay rise and nobody lost their jobs.
"But something that weakens that pride is that a third of the people that were on the minimum wage in 1999 are still on it 15 years later. They haven't been able to find a way out of the minimum wage jobs."
Mr Cridland said the gap between unskilled and semi-skilled jobs was now much higher because of the technological demands of modern industry. That made it harder for people to move up the career ladder and employers had to do more to help make people make that progression.
He also called on the next Government to help low paid workers by reducing their National Insurance contribution and introducing free childcare for parents in need.
"The lack of affordable childcare is the biggest single thing that keeps women in particular in low paid jobs," he said.
Mr Cridland – who was in the North East to meet regional business leaders following visits to the SSI steel plant on Teesside and the fast-growing Vertu car dealer group in Gateshead – acknowledged that his demands would be difficult to meet in a time of continuing austerity.
But he said that whoever made up the next Government should act imaginatively to deliver better public services for less cost, rather than continuing to cut important facilities.
Mr Cridland's comments will surprise many, coming from the head of an organisation that traditionally is seen as speaking for big business rather than rank-and-file workers.
They will also raise pressure on the Government to tackle cost-of-living issues, an area on which Labour has managed to successfully attack the Conservatives.
Neil Foster, Policy and Campaigns Officer for the Northern TUC, said: "John Cridland is right to highlight that living standards are an important part of determining the health of any economy and the key to this equation is wages.
"Average pay in the North East has fallen by ?25 a week in real terms since 2010 which reduces local spending, increases hardship, lowers taxes paid and risks greater personal debt. GDP figures alone won't settle next quarter's heating bill, put petrol in the tank or pay for a trolley load of shopping. The TUC wants to see pay you can live off, a strategy for decent jobs and a recognition of the role trade unions can play alongside employers and government in building a fairer recovery than at present."


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Laurie McCullough-Leibfried, Co-Owner and Horse Care Manager, has over 40 years of experience with horses and competes as an Adult Amateur.
Graduate A of the United States Pony Club - Pickering Hunt; evented through old format 3-day Preliminary level; now competes in Dressage. USDF Silver medalist and USDF Bronze medalist.
Laurie rehabilitated Penotti (her Prix St. Georges horse) who was given less than a 15% chance of recovery from a hind suspensory injury with the latest veterinary advances including stem cell surgery. He started showing again in 2012 at Prix St. Georges. He was semi-retired in 2016 at 19, but continues to serve as a schoolmaster at Prix St. George level and para-dressage.
Decorus, now 10, has successfully completed several FEI CDIs at Small Tour and is schooling all the Gran Prix movements. He has also begun para-dressage.
Fürst Madiran joined the family in June 2016 and successfully completed at Training Level. He will begin schooling for FEI 5yr old classes and USDF First and Second level classes in 2017
Laurie has a Bachelor of Science (B.S.) in Mechanical Engineering from Villanova University and a Master of Business Administration (M.B.A.) from West Chester University. She works in the plastics industry as a Product Manager and is a former Plant Manager.
Lydia McCullough-Yost, Co-Owner, has over 25 years experience with horses.
Graduate A of the United States Pony Club - Pickering Hunt; evented through Training level.
Lydia has a Bachelor of Science (B.S.) in Accounting from Villanova University and a Master of Business Administration (M.B.A.) from Saint Joseph's University.


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In a role that's probably not too different from Tywin Lannister, "Game of Thrones" star Charles Dance has been cast in the video game "Witcher 3: Wild Hunt" as the Nilfgaardian emperor.
Dance isn't the first "Game of Thrones" actor to branch out into video games. Richard Madden (Robb Stark) portrayed Trevor Belmont and Alucard in the "Castlevania: Lords of Shadow" games and Peter Dinklage (Tyrion Lannister) will be voicing the companion character Ghost in Bungie's upcoming game "Destiny".
"Witcher 3" follows the events of "Witcher 2: Assassin of Kings". The Nilfgaardian Empire has invaded the Northern Kingdoms and is doing some very bad things there, as seen in a new trailer for the game. The game will conclude Geralt of Rivera's story, the main protagonist of the series.
CD Projekt RED, the developers of the "Witcher" series, promises the third will be much larger than the previous games.
The game was announced on February 2013 and will be released sometime in 2014.