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The Indian Civil Rights Act, rather than the federal Constitution, limits the power of an Indian tribe vis-a-vis its members. In interpreting provisions of the ICRA, it is appropriate to look to precedents under analogous constitutional provisions constraining federal and state action, although particular facts about tribal structure and traditions may be relevant to the analysis.
In some factual circumstances, a tribal ordinance prohibiting members from sharing, with researchers or others outside the tribe, information on possible commercial uses of biological resources would raise concerns under the free speech provision of the ICRA. The legality of such an ordinance would depend on a number of factorsincluding how widely known the information is; whether those who hold the information have a particular relationship of trust with the tribe; the magnitude of the tribal interest underlying the tribe's effort not to disclose the information; and whether the information can be viewed as tribal property under an intellectual property regime that is otherwise consistent with applicable law.
October 12, 1999
This memorandum responds to the Environment and Natural Resources Division's request, conveyed orally, for guidance on whether an Indian tribe's efforts to prevent its members from disclosing, to researchers or others outside the tribe, information on possible commercial uses of biological resources would raise First Amendment or other concerns. As discussed below, the request raises several complex issues that cannot be resolved fully in the abstract. We therefore attempt only to set forth the general framework that might guide the analysis of a tribal restriction on members' ability to share information with outside researchers. First, the Indian Civil Rights Act ("ICRA"), 25 U.S.C. §§ 1301-1341 (1994), rather than the federal Constitution, limits the power of an Indian tribe vis-à-vis its members. Although the ICRA contains a free speech clause similar to that of the First Amendment, it is unclear whether a tribal action limiting the speech of tribal members would be evaluated under the same substantive standards as federal and state action. The task of interpreting the ICRA falls primarily to tribal courts. We have not attempted to survey the decisions of the varied tribal court systems to determine how tribal courts interpret the ICRA's substantive guarantees. Second, even if conventional free speech principles apply, the legality of tribal action could depend upon factual circumstances likely to vary from tribe to tribe. In particular, the analysis could turn in part on the relationship between the tribe and those who hold the relevant information, whether the information in question should be viewed as tribal property, and the importance of the tribal interest in nondisclosure. We are not in a position to identify and evaluate the range of possibilities in this regard. In some factual circumstances, however, it is possible that a tribe's attempt to guard against disclosure of information by directly prohibiting its members from sharing that information with others would violate the free speech provision of the ICRA.
I. Background
The request for views presented arises in connection with the United States' involvement in implementation of the Convention on Biological Diversity, opened for signature June 5, 1992, S. Treaty Doc. No. 103-20, 31 I.L.M. 818 (entered into force Dec. 29, 1993). The United States signed the Convention on June 4, 1993, but the Senate has not ratified it. The United States is involved as an observer in international negotiations concerning the implementation of the Convention. Article 8(j) of the Convention addresses indigenous knowledge of uses of biological resources. It provides:
Each Contracting Party shall, as far as possible and as appropriate:
. . .Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.
An interagency working group discussing the United States' position on implementation of Article 8(j) has raised the question whether federal law imposes limits upon indigenous communities' own efforts to protect indigenous knowledge through direct restrictions on members' ability to reveal such knowledge to outside researchers. (1) In turn, you have asked us to provide you with a general background discussion on the possible impact of the First Amendment on such restrictions.
II. Discussion A.
As a general matter, constitutional provisions limiting the actions of federal and state governments do not constrain Indian tribes exercising inherent powers of self-government. See Talton v. Mayes, 163 U.S. 376 (1896). Accordingly, the First Amendment ordinarily would not restrict a tribe's efforts to prohibit its members from sharing information concerning uses of biological resources with researchers. See Native American Church of North America v. Navajo Tribal Council, 272 F.2d 131, 134 (10th Cir. 1959) (First Amendment religion clauses do not constrain tribal action); Janis v. Wilson, 385 F. Supp. 1143, 1149 (D.S.D. 1974) (First Amendment Free Speech Clause does not constrain tribal action); Dodge v. Nakai, 298 F. Supp. 17, 23 (D. Ariz. 1968) (same). (2) Through Title I of the Indian Civil Rights Act, (3) however, Congress has imposed upon tribes restrictions similar to several of those contained in the Bill of Rights and the Fourteenth Amendment. See 25 U.S.C. §§ 1301-1303. The Act includes a provision parallel to the Free Speech, Assembly, and Petition Clauses of the First Amendment: "No Indian tribe in exercising powers of self-government shall . . . make or enforce any law . . . abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances." 25 U.S.C. § 1302(1) (1994).
In analyzing the application of Title I of the ICRA to tribal efforts to guard against disclosure of indigenous knowledge, we first consider a threshold question: whether, in evaluating tribal action, it is appropriate to look to precedents under analogous constitutional provisions constraining federal and state action. As will become clear, the text, structure, and legislative history of the ICRA give rise to two lines of argument regarding its interpretation. Because the task of interpreting the ICRA falls primarily to tribal courts, it is difficult to predict whether tribal action would be analyzed under the standards that apply to federal and state action. Nevertheless, we believe that the better view is that conventional First Amendment principles, applied with due regard for tribal traditions and customs, should govern the analysis of a tribal restriction on speech.
As the Supreme Court stated in Santa Clara Pueblo v. Martinez, the Indian Civil Rights Act reflects Congress's intent to "strengthen[] the position of individual tribal members vis-à-vis the tribe." 436 U.S. 49, 62 (1978). As noted, the text of the free speech clause of § 1302(1) is virtually identical to that of the First Amendment, just as other provisions of Title I of the ICRA track the language of other guarantees contained in the Bill of Rights. It could be argued, then, that Congress's use of language virtually identical to that of corresponding constitutional provisions reflects a clear intent to hold tribal governments to the substantive standards applied to federal and state action. The Senate Report accompanying the ICRA provides some support for this view. S. Rep. No. 90-841, at 6 (1967) (stating that the limitations of Title I "are the same as those imposed on the Government of the United States by the U.S. Constitution and on the states by judicial interpretation"); id. at 10-11 (Title I "provides that any Indian tribe in exercising its powers of local self-government shall, with certain exceptions, be subject to the same limitations and restraints as those which are imposed on the Government of the United States by the Constitution.").
Nevertheless, Title I of the ICRA does not impose on tribal governments the full range of constitutional restraints. Rather, the statute incorporates specific rights. Among the constitutional provisions omitted in the statute are the guarantee of a republican form of government, a prohibition on the establishment of religion, and the Second and Third Amendments. In addition, the statute does not require jury trials in civil cases or the appointment of counsel for indigent defendants in criminal cases. The ICRA's legislative history confirms that, in incorporating particular rights rather than all constitutional restraints, Congress sought to limit the extent of its intrusion upon tribal sovereignty. As the Supreme Court stated in Santa Clara Pueblo, Congress sought "to promote the well-established federal 'policy of furthering Indian self-government.'" 436 U.S. at 62 (quoting Morton v. Mancari, 417 U.S. 535, 551 (1974)). Indeed, the first version of what would become Title I of the ICRA, introduced in 1964 and reintroduced without change in 1965, would have applied to tribal governments the "same limitations and restraints as those which are imposed on the Government of the United States by the United States Constitution." S. 3047, 88th Cong., 110 Cong. Rec. 17,329 (1964); S. 961, 89th Cong., 111 Cong. Rec. 1799 (1965). Tribes, attorneys specializing in Indian affairs, and the Department of the Interior criticized this proposal during 1965 hearings before the Subcommittee on Constitutional Rights of the Senate Committee on the Judiciary. Constitutional Rights of the American Indian: Hearings on S. 961-968 and S.J. Res. 40 Before the Subcomm. on Constitutional Rights of the Senate Comm. on the Judiciary, 89th Cong. 17-18, 36, 84, 90, 130, 221-27 (1965) ("1965 Hearings"); Subcomm. on Constitutional Rights of the Senate Comm. on the Judiciary, 89th Cong., 2d Sess., Constitutional Rights of the American Indian 9 (Comm. Print 1966) ("1966 Report"). A revised version of S. 961, introduced in 1967 as S. 1843, largely followed a proposal offered by the Department of the Interior at the 1965 hearings that incorporated, and in some cases modified, specific constitutional rights. 113 Cong. Rec. 13,473 (1967). With some changes in wording not relevant here, S. 1843 and several other measures were consolidated into a single bill, see S. 1843 (as amended), 90th Cong., § 102, 113 Cong. Rec. 35,471 (1967), and enacted as part of a broader civil rights measure. See 113 Cong. Rec. 30,711 (1967); 114 Cong. Rec. 5835 (1968).
Based on the fact that Congress sought to limit its intrusion on tribal sovereignty, some commentators have argued that constitutional precedents should not apply even as to provisions of the ICRA that are worded similarly to constitutional guarantees. See Note, The Indian Bill of Rights and the Constitutional Status of Tribal Governments, 82 Harv. L. Rev. 1343, 1359 (1969) ("Indian Bill of Rights"); Donald L. Burnett, Jr., An Historical Analysis of the 1968 'Indian Civil Rights' Act, 9 Harv. J. on Legis. 557, 617 (1972). The fact that Congress deleted certain restrictions on governmental activity, these commentators suggest, signals Congress's effort to avoid imposing requirements that would cause serious disruption of tribal life, not Congress's intent "to force modifications of tribal ethnic and cultural autonomy where necessary for the application of those restrictions on governmental conduct which remain in the statute." Indian Bill of Rights at 1359.
Federal case law provides little additional guidance as to whether those provisions that Congress chose to include in the ICRA should be interpreted in the same manner as corresponding constitutional provisions. In Santa Clara Pueblo, the sole Supreme Court case directly addressing the structure, purpose, and legislative history of the ICRA, the Court held that federal courts lacked jurisdiction to entertain a civil cause of action against a tribe or its officials alleging a violation of Title I of the ICRA. 436 U.S. at 67-68. Accordingly, because the Court disposed of the case on jurisdictional grounds, the Court had no opportunity to consider the scope of the Act's substantive guarantees. The Court's jurisdictional discussion nevertheless reflects the importance of applying the ICRA with sensitivity to tribal customs and traditions. See id. at 63 (noting that the ICRA as a whole manifests "a congressional purpose to protect tribal sovereignty from undue interference"); id. at 71 ("Congress may also have considered that resolution of statutory issues under § 1302, and particularly those issues likely to arise in a civil context, will frequently depend on questions of tribal tradition and custom which tribal forums may be in a better position to evaluate than federal courts.").
Since the Court's 1978 ruling, only a handful of federal courts have addressed, in the criminal context, the scope of ICRA's substantive guarantees in relation to similarly worded constitutional provisions. (4) Prior to the decision in Santa Clara Pueblo, a number of federal courts had exercised jurisdiction over civil claims arising under ICRA and had interpreted the Act's substantive guarantees in a variety of ways. We discuss these categories of cases in turn. (5)
Recent federal decisions addressing claimed violations of Title I of the ICRA typically involve habeas review of a tribal court conviction or direct or collateral review of a federal conviction that followed certain challenged tribal investigatory conduct, such as a search or arrest. In cases involving tribal prosecution or investigation of criminal conduct, most courts have concluded that Congress's use of constitutional language in Title I of the ICRA reflects an intent to apply to tribal governments the substantive standards that apply under the Constitution to federal and state action. See, e.g., Selam v. Warm Springs Tribal Correctional Facility, 134 F.3d 948, 952 (9th Cir. 1998) ("[B]ecause the ICRA [compulsory process] clause is identical to the Compulsory Process Clause of the Sixth Amendment, the cases that interpret the Constitution speak directly to Selam's right of compulsory process under the ICRA."); United States v. Strong, 778 F.2d 1393, 1397 (9th Cir. 1985) (noting that the limitations imposed by the ICRA search and seizure provision "are identical to those imposed by the fourth amendment to the federal constitution"); United States v. Lester, 647 F.2d 869, 871 (8th Cir. 1981) ("In light of the legislative history of the Indian Civil Rights Act and its striking similarity to the language of the Constitution, we consider the [challenge to a tribal search] under fourth amendment standards.") (citation omitted); United States v. Clifford, 664 F.2d 1090, 1091 n.3 (8th Cir. 1981) (same);see also Poodry v. Tonawanda Band of Seneca Indians, 85 F.3d 874, 893 & n.21 (2d Cir.) (concluding that the ICRA's habeas remedy is coextensive with other federal statutes providing for collateral relief), cert. denied, 117 S. Ct. 610 (1996). But see United States v. Doherty, 126 F.3d 769, 779 (6th Cir. 1997) (finding denial of right to retained counsel in tribal court proceeding, but declining to suppress confession because to do so would upset the "careful[] balance[]" between "the desire to protect the rights of Native Americans [and] the desire to avoid extensive interference with internal tribal affairs"), cert. denied, 118 S. Ct. 2299 (1998).
Pre- Santa Clara Pueblo decisions applying the provisions of Title I outside of the criminal context (that is, based on the now rejected assumption that the ICRA impliedly provided for a civil cause of action in federal courts against tribal officials) reflect less consensus on the scope of the ICRA's substantive guarantees. Some courts recognized that Congress did not intend to apply the full panoply of constitutional restrictions to tribes but reasoned that, as to those provisions in which Congress adopted wording virtually identical to that of a constitutional guarantee, existing constitutional precedents should apply. See Red Fox v. Red Fox, 564 F.2d 361, 364 (9th Cir. 1977) ("The Act substantially tracks the precise language of the Bill of Rights portion of the Constitution, thereby acting as a conduit to transmit federal constitutional protections to those individuals subject to tribal jurisdiction. . . . [O]ur court has written that the due process clauses of both documents have the same meaning.") (citing Johnson v. Lower Elwha Tribal Community, 484 F.2d 200, 202-03 n.4 (9th Cir. 1973)). Others concluded that constitutional precedents applicable to federal and state governments did not apply with full force to tribes, even as to provisions with language closely tracking the Constitution. See, e.g., Wounded Head v. Tribal Council of Oglala Sioux Tribe, 507 F.2d 1079, 1082 (8th Cir. 1975) (concluding that the equal protection clause of the ICRA should not be construed in the same manner as the Equal Protection Clause of the Fourteenth Amendment); Groundhog v. Keeler, 442 F.2d 674, 682 (10th Cir. 1971) (rejecting claim that the passage of the ICRA made the Due Process and Equal Protection Clauses applicable to tribes);Lohnes v. Cloud, 366 F. Supp. 619, 622 (D.N.D. 1973) (following Groundhog). (6) In a third category of cases, courts held that federal precedents apply under the ICRA so long as the challenged policy does not reflect a long-standing tribal tradition. See Howlett v. Salish & Kootenai Tribes, 529 F.2d 233, 238 (9th Cir. 1976) (applying "the Anglo-Saxon notion of equal protection" to election and voting procedures based on those "found in our culture" (internal quotation marks omitted)); Means v. Wilson, 522 F.2d 833, 842 (8th Cir. 1975) (applying traditional constitutional principles to practice that "is not founded [on a] tribal custom or governmental purpose which would justify modification of traditional equal protection concepts"), cert. denied, 424 U.S. 958 (1976); White Eagle v. One Feather, 478 F.2d 1311, 1314 (8th Cir. 1973) (applying traditional equal protection principles to evaluate compliance with "voting procedures precisely paralleling those commonly found in our culture").
Although courts have disagreed over the extent to which provisions of the ICRA should be interpreted in the same manner as their constitutional counterparts, we believe that the better view is that conventional constitutional principles should generally apply where the language of Title I of the ICRA closely tracks that of the Constitution. To be sure, the discussion in Santa Clara Pueblo suggests that Title I of the ICRA must be interpreted with sensitivity to tribal customs and traditions. See supra p. 4-5; 436 U.S. at 63, 71. Congress sought to limit its intrusion on tribal sovereignty by selecting specific rights to include in the ICRA. Congress did not, however, simply identify those rights in concept and formulate specific language for the tribal context. Rather, in many cases it imported the precise constitutional language in an effort to impose upon tribes, "with certain exceptions," "the same limitations and restraints as those which are imposed on the Government of the United States by the Constitution." S. Rep. No. 90-241, at 10-11. Generally speaking, recent federal cases arising in the criminal context have applied to tribal governments the same substantive standards that apply under the Constitution to federal and state action. Although earlier cases reflected less consensus, it appears that a number of cases holding that constitutional standards do not apply can be traced to a case based on an incomplete discussion of the ICRA's legislative history. See supra n.6. We attempt below to set forth certain principles of First Amendment law that might guide the analysis of a tribal ordinance challenged under § 1302(1) of the ICRA, and to identify areas in which tribal structure and traditions would be relevant to the analysis.
A tribal ordinance restricting the dissemination of information concerning biological resources would, in effect, limit the speech of those members of a tribe who wished to share the information with others. How such an ordinance should be evaluated under conventional free speech doctrine would depend in part on two related considerations that could vary from case to case: first, how best to describe the relationship between the tribe and holders of the information that the tribe seeks to protect; and second, whether the information in question can properly be viewed as tribal proprietary information. To frame the analysis, we first assume (1) that it is appropriate to think of the relationship between the tribe and its members as roughly analogous to the relationship between a state government and its citizens; and (2) that the restriction on the dissemination of information applies to information that is not properly viewed as tribal property under federal or other law. We then discuss how the analysis might change if we relax these assumptions.
1. If the relationship between a tribe and its members should be thought of as analogous to the relationship between a state and its citizens, and a tribe seeks to limit the dissemination outside of the tribe of lawfully obtained information that is not tribal property, it is doubtful that the tribal restriction would survive scrutiny under conventional free speech principles. The Supreme Court has held on several occasions that "the government may not generally restrict individuals from disclosing information that lawfully comes into their hands in the absence of a state interest of the highest order." United States v. Aguilar, 515 U.S. 593, 605 (1995) (internal quotation marks omitted); see Florida Star v. B.J.F., 491 U.S. 524, 533 (1989) (setting aside award of compensatory and punitive damages against newspaper that published rape victim's name, in violation of Florida law, after obtaining it from police document); Smith v. Daily Mail Publ'g Co., 443 U.S. 97, 103 (1979) (affirming writ of prohibition against prosecution of newspaper that published name of youth involved in juvenile proceeding, in violation of West Virginia law); Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 845-46 (1978) (reversing conviction of corporate newspaper publisher that revealed identity of judge under investigation in confidential state proceedings, where newspaper was not alleged to have obtained the information by illegal means); Oklahoma Publ'g Co. v. Oklahoma County Dist. Court, 430 U.S. 308, 311 (1977) (per curiam) (invalidating state pretrial order enjoining publication of the name of juvenile in connection with a proceeding involving that juvenile and attended by reporters); Cox Broad. Corp. v. Cohn, 420 U.S. 469, 471 (1975) (invalidating civil damages award entered against television for broadcasting name of a rape-murder victim that the station obtained from courthouse records). The fact that the information in question might not otherwise be widely available to the public does not appear to change the First Amendment's limitations on the government's ability to prevent further dissemination. See, e.g., Landmark; see also New York Times Co. v. United States, 403 U.S. 713 (1971) (refusing to restrain third parties' publication of classified study secured by unauthorized leak from former government employee).
Florida Star and similar cases do leave open the possibility that, in rare circumstances, the First Amendment might not bar sanctions on the publication or dissemination of true, lawfully obtained information. We lack the expertise regarding tribal affairs, however, to speculate whether such a weighty justification may exist in this context. Cf. Near v. Minnesota, 283 U.S. 697, 716 (1931) (invalidating, as prior restraint, statute permitting suppression of malicious, scandalous, or defamatory periodicals; noting that, in exceptional cases, statute restraining publication might survive scrutiny, as where publication would reveal troop movements or obstruct recruitment of soldiers during a time of war or incite acts of violence (citing Schenck v. United States, 249 U.S. 47, 52 (1919)). We may be unaware of facts regarding indigenous knowledge that could trigger such an exception. It may be relevant, for example, whether the tribe seeks to limit the dissemination of information outside of the tribe for compelling religious or cultural reasons or instead to profit from future arrangements with researchers or manufacturers.
2. If the relationship between the tribe and those who hold knowledge concerning the use of biological resources should not be thought of as analogous to that between a government and its citizens, the analysis reflected in Florida Star and similar cases may not apply. The cases discussed above do not involve restrictions on the dissemination of information by one who, by virtue of a fiduciary or other relationship with the government, is under a duty not to disclose particular information to the public. Case law suggests that the government may lawfully limit disclosure of sensitive or confidential information by an individual who assumes a position of trust. In Aguilar, for example, the defendant, a district court judge, learned of a confidential wiretap order and disclosed the existence of the order to its target after its expiration. In rejecting the defendant's claim that the statute prohibiting disclosure of wiretap information should, on First Amendment grounds, be construed not to cover the judge's revelation of an expired order, the Court stated: "Government officials in sensitive confidential positions may have special duties of nondisclosure. . . . As to one who voluntarily assumed a duty of confidentiality, government restrictions on disclosure are not subject to the same stringent standards that would apply to efforts to impose restrictions on unwilling members of the public." 515 U.S. at 606 (citations omitted). Similarly, in Snepp v. United States, 444 U.S. 507 (1980) (per curiam), the Court held that a former agent of the Central Intelligence Agency ("CIA") had, by virtue of his employment contract, a fiduciary duty not to disclose any information regarding the CIA or its activities without the CIA's prior permission. The former agent breached this duty by publishing confidential (though unclassified) information without prior approval. The Court rejected the view that the CIA's pre-publication review procedure constituted impermissible censorship of its employees' speech. See 444 U.S. at 512 n.8. In addition, the Court observed that, "even in the absence of an express agreement . . . the CIA could have acted to protect substantial government interests by imposing reasonable restrictions on employee activities that in other contexts might be protected by the First Amendment. The Government has a compelling interest in protecting both the secrecy of information important to our national security and the appearance of confidentiality so essential to the effective operation of our foreign intelligence service." Id. at 510 n.3 (citations omitted).
Aguilar and Snepp suggest that, in some circumstances, the relationship between the government and one who possesses certain information will be a relationship of trust, and that the government may, in pursuit of a substantial government interest, reasonably impose upon an individual who enters into that relationship a duty not to disclose information obtained by virtue of that relationship. Although it is not clear that the relationship between a tribe and those who hold information concerning use of biological resources would ordinarily be the sort of relationship that would give rise to a duty of confidentiality, we may be unaware of particular facts, including facts about tribal structure and culture, that would bear upon the analysis. For example, it may be relevant whether information is held solely by tribal elders or members of a ruling entity, as opposed to being known more widely throughout the tribe. In addition, we may be unaware of a substantial or compelling tribal interest that would support a requirement of nondisclosure.
3. We have thus far assumed that information on uses of biological resources would not properly be viewed as tribal intellectual property, and we have identified limitations that the ICRA's free speech clause might impose upon a tribe's ability to restrict the dissemination of such information. If the information were properly viewed as tribal property, it is likely that a tribe could lawfully impose some restrictions upon the dissemination of that information. The possibility that information on uses of biological resources could be treated as tribal property, however, raises a prior question: whether the recognition of a tribal property interest would itself be consistent with applicable law. We first consider the limitations that federal law would impose on the creation or recognition of a tribal property interest in information on uses of biological resources. We then examine whether a tribe could invoke current federal or state intellectual property law to establish a tribal property interest in such information.
a. There are two possibilities for recognition of a property interest in information on uses of biological resources: first, that federal or state law would create or recognize, on behalf of a tribe, a property interest in information on uses of biological resources; and second, that tribal law would create such an interest.
A federal or state regime that created or recognized a tribal property interest in information on uses of biological resources--as distinct from the tribe's action to enforce its rights under that regime--would be subject to scrutiny under the First Amendment (or, in the case of a state, the First and Fourteenth Amendments), rather than under the ICRA. While the precise limits that the First Amendment imposes upon the ability of the government to provide protection for the intellectual property of its citizens are somewhat unclear, see generally Diane L. Zimmerman, Information as Speech, Information as Goods: Some Thoughts on Marketplaces and the Bill of Rights, 33 Wm. & Mary L. Rev. 665 (1992), we can make some general observations.
First, the Supreme Court has permitted the government to recognize a property interest in information and to prevent its dissemination when the information is confidential and has been provided to another on the express condition that it not be further disclosed. For example, the Court has recognized that a state may protect trade secrets by allowing one who discovers a formula or process to prevent those privy to the relevant information from disclosing it to others. See Kewanee Oil Co. v. Bicron Corp, 416 U.S. 470, 479, 486 (1974). (7)
Second, to the extent that the Supreme Court has permitted the government to recognize and protect a property right for exclusive use of a particular process, performance, or formula, it has done so where the party seeking protection can establish that it devoted energy and resources to developing that process, performance, or formula. Thus, for example, in San Francisco Arts & Athletics, Inc. v. United States Olympic Committee ("SFAA"), 483 U.S. 522 (1987), the Supreme Court rejected a First Amendment challenge to a federal statute granting the United States Olympic Committee the exclusive right to use the word "Olympic" in connection with the sale of any goods and services or the promotion of any exhibition, performance, or competition. The Court concluded that Congress's grant of an exclusive right to use the word "Olympic" was consistent with the recognition that, "when a word acquires value 'as the result of organization and the expenditure of labor, skill, and money' by an entity, that entity constitutionally may obtain a limited property right in the word." Id. at 533 (quoting International News Serv. v. Associated Press, 248 U.S. 215, 239 (1918)). Similarly, in Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977), the Court held that the First Amendment, applied to the states through the Fourteenth Amendment, did not prohibit a state from protecting a performer's right to the value of his performance by providing a cause of action for damages against those who broadcast his act without his consent. In rejecting a news organization's claim that the First and Fourteenth Amendments required the state to recognize a privilege to include in its newscasts material that would otherwise be protected under state law, the Court emphasized that the performance "is the product of petitioner's own talents and energy, the end result of much time, effort, and expense. . . . Ohio's decision to protect petitioner's right of publicity here rests on more than a desire to compensate the performer for the time and effort invested in his act; the protection provides an economic incentive for him to make the investment required to produce a performance of interest to the public. This same consideration underlies the patent and copyright laws long enforced by this Court." 433 U.S. 575-76. (8)
As this discussion suggests, a tribe's ability to use recognition of an intellectual property right as a tool for preventing the dissemination of information on uses of biological resources may turn on the extent to which the information sought to be protected is not generally available and the extent to which tribe itself can be said to have developed the information in question. A private entity seeking intellectual property protection, for example, could demonstrate that it sponsored employee efforts leading to a particular innovation and went to reasonable efforts to prevent those privy to the relevant information from disseminating it. It is unclear whether a tribe seeking recognition of an intellectual property right in knowledge of uses of biological resources could establish that the tribe--rather than individual members of the tribe--was responsible for the development of the information or process that it seeks to protect, or that the information is not generally known. Again, there may be particular facts of which we are unaware that would bear on this analysis. For example, it may not be accurate to characterize the contribution of a member of a tribe to the development of a particular process as an individual rather than tribal contribution.
We turn now to whether a tribe itself could establish an intellectual property regime to protect information on uses of biological resources and thereby restrict dissemination of such information. As in the case of direct tribal limitations on speech, the principal question is whether Title I of the ICRA would constrain the tribe's conduct. For purposes of discussion, we assume that tribes retain the power to recognize and enforce property rights of those within the tribe's sovereign reach and that tribes can exercise this power to the extent that it does not conflict with federal law in this area. Cf. Kewanee, 416 U.S. at 479 (discussing limits on state regulation of intellectual property). If conventional free speech principles apply to tribal action in this context, then the analysis of a tribal regime under the ICRA would follow that outlined above with respect to federal or state protection of intellectual property. If, however, the tribe sought not to enforce the property rights of those within its reach, but instead to vest a property right in itself, its action could raise additional concerns under the ICRA. First, insofar as the ICRA envisions the tribe as a sovereign-like entity, it is unlikely that the ICRA's free speech clause would permit a tribe simply to deem information to be tribal information so as to prevent its dissemination, just as the First Amendment would not permit the federal government or a state to deem particular information, generally known within its jurisdiction, to be confidential government information solely in order to prevent its dissemination. Second, the ICRA also prohibits an Indian tribe, "in exercising powers of self-government," from "tak[ing] any private property for a public use without just compensation." 25 U.S.C. § 1302(5). To the extent that the development of knowledge concerning uses of biological resources is attributable to an investment of resources by individual members of the tribe rather than the tribe itself, and to the extent that it is appropriate to characterize such contributions as individual contributions, the tribe's action could raise concerns under the ICRA's takings clause.
b. Having outlined the restraints that federal law would impose on recognition of a property interest in information on uses of biological resources, we briefly examine the possibilities for such protection under existing federal and state intellectual property regimes. It does not appear that a tribe could invoke current federal or state intellectual property law to establish a tribal property right that could, in turn, justify a restriction on the dissemination of tribal information. Federal patent law, for example, permits one who has developed a particular process to establish a property right in that process; the patentee, however, must publicly disclose the process in exchange for an exclusive, temporary right to use it. See Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141, 149 (1989). (9) State law protections on trade secrets permit one who has developed a formula or process to prevent those privy to information concerning the formula or process (such as employees) from disclosing it. For knowledge to be considered a trade secret under existing law, it must ordinarily have independent economic value by virtue of being kept secret and must be the subject of reasonable efforts to maintain its secrecy. See Restatement (First) of Torts, § 757, cmt. b (1939). Matters of public or general knowledge cannot qualify as trade secrets. Id. To the extent that information on uses of biological resources has been shared with those outside of a tribe, trade secret protection would likely be unavailable to the tribe. It is unclear whether information held within a tribe, but widely known among tribal members, could qualify as a trade secret, analogous to information held within a corporation.
As this discussion suggests, it is difficult to determine in the abstract whether a tribe could prevent its members from sharing knowledge concerning possible commercial uses of biological resources with persons outside the tribe. The task of deciding whether the ICRA limits a tribe's ability to prevent its members from disseminating information will fall primarily to tribal courts. It is therefore difficult to predict whether conventional free speech principles will guide the inquiry; in our view, the better reading of the ICRA is that such principles should apply. If conventional free speech principles do apply, then the legality of a tribal ordinance restricting the dissemination of information would depend in large part on whether, under the ICRA, the relationship between tribes and their members should be thought of as analogous to the relationship between a government and its citizens. What is more, the analysis would turn on particular factual circumstances likely to vary from tribe to tribe. In particular, the analysis could turn on who holds the information that the tribe seeks to protect; whether those who hold the information have a particular relationship of trust with the tribe; the magnitude of the tribal interest underlying the tribe's effort not to disclose the information; and whether the information in question can be viewed as tribal property under an intellectual property regime that is otherwise consistent with applicable law.
Acting Assistant Attorney General
1. We express no view on whether and to what extent our discussion of the narrow question presented to us bears upon compliance with the obligations imposed by Article 8(j) of the Convention.
2. For purposes of our discussion, we assume that the tribal conduct would be independent of federal or state action. In instances in which tribal action is closely intertwined with federal or state action, a different analysis might apply. For example, particular facts and circumstances might give rise to the conclusion that tribal action is somehow attributable to the federal or state governments. See, e.g., Burton v. Wilmington Parking Auth., 365 U.S. 715, 722 (1961). In addition, although the Supreme Court has held that in some circumstances the Constitution may constrain the conduct of a private entity on privately owned property--in particular, where a company owns a town and assumes the functions of a municipal government--this principle has been narrowly applied. Compare Marsh v. Alabama, 326 U.S. 501, 509 (1946) (invalidating state conviction for distribution of religious literature on sidewalk of company-owned town: "In our view the circumstance that the property rights to the premises where the deprivation of liberty, here involved, took place, were held by others than the public, is not sufficient to justify the State's permitting a corporation to govern a community of citizens so as to restrict their fundamental liberties and the enforcement of such restraint by the application of a State statute.") with Hudgens v. NLRB, 424 U.S. 507, 518 (1976) (rejecting application of Marsh to shopping center). We are aware of no instance in which Marsh has been invoked to support the application of the Constitution to tribal conduct.
3. The Indian Civil Rights Act was initially passed by the Senate on December 7, 1967, as a stand-alone measure containing six titles. S. 1843 (as amended), 90th Cong. (1967); see 113 Cong. Rec. 35,473 (1967). The bill was ultimately enacted as Titles II through VII of a larger civil rights measure, the Civil Rights Act of 1968, Pub. L. 90-284, 82 Stat. 73, 77. We refer to the Title designations in S. 1843, as have courts construing the statute. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 51 n.1 (1978); Poodry v. Tonawanda Band of Seneca Indians, 85 F.3d 874, 881 n.9 (2d Cir.),cert. denied, 117 S. Ct. 610 (1996).
4. The Tenth Circuit has recognized an exception to the rule announced in Santa Clara Pueblo and has permitted federal court adjudication of certain civil actions in cases in which no tribal remedy exists. Dry Creek Lodge, Inc. v. Arapahoe & Shoshone Tribes, 623 F.2d 682, 685 (10th Cir. 1980), cert. denied, 449 U.S. 1118 (1981). We do not address cases falling within this exception, which has been rejected by at least two other circuits, see Shortbull v. Looking Elk, 677 F.2d 645 (8th Cir.), cert. denied, 459 U.S. 907 (1982); R.J. Williams Co. v. Fort Belknap Hous. Auth., 719 F.2d 979, 981 (9th Cir. 1983), cert. denied, 472 U.S. 1016 (1985), and narrowed by the Tenth Circuit itself, see White v. Pueblo of San Juan, 728 F.2d 1307, 1311-12 (10th Cir. 1984).
5. As noted above, we do not attempt to discuss tribal court decisions regarding the scope of the ICRA's substantive guarantees.
6. Several cases in this category follow Groundhog, which is based on an incomplete analysis of the ICRA's legislative history. The Department of Interior's proposed equal protection provision would have guaranteed "any member of the tribe" within the jurisdiction of the tribal government equal protection under the tribe's laws, a standard narrower than that of the Fourteenth Amendment. 1965 Hearings at 318. A summary report of the Subcommittee on Constitutional Rights of the Senate Judiciary Committee recommended adoption of the Interior substitute and stated that the substitute would "impose upon the Indian governments the same restrictions applicable presently to the Federal and State governments with several notable exceptions," including, "in some respects, the equal protection requirement of the 14th amendment." 1966 Report at 25. The version of the bill described in the report was amended prior to being voted out of the full Judiciary Committee to guarantee "any person" located within the tribe's jurisdiction equal protection under the tribe's laws, S. Rep. No. 90-841, at 2, thereby making the scope of the clause commensurate with that of the Fourteenth Amendment. Without acknowledging the subsequent amendment by the full committee, the Groundhog court relied on the report's statement to conclude that "the equal protection clause in § 1302(8) of the Indian Bill of Rights was not as broad as the equal protection clause of the Fourteenth Amendment." 442 F.2d at 682. Courts subsequently quoted the Groundhog court's analysis without independently evaluating the legislative history. E.g., Wounded Head, 507 F.2d at 1082; White Eagle v. One Feather, 478 F.2d 1311, 1313 (8th Cir. 1973); Lohnes, 366 F. Supp. at 622.
7. Although no First Amendment claim was presented in Kewanee, the Court's reliance on Kewanee in disposing of a First Amendment claim in Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977), suggests that the Court would uphold a trade secret law against a First Amendment challenge. See id. at 577 n.13 (noting that, in Kewanee, "[a]lthough recognizing that the trade-secret law resulted in preventing the public from gaining certain information, the Court emphasized that the law had 'a decidedly beneficial effect on society,' and that without it, 'organized scientific and technological research could become fragmented, and society, as a whole, would suffer'") (quoting Kewanee, 416 U.S. at 485, 486).
8. For a more detailed discussion of potential First Amendment limitations on the government's ability to recognize intellectual property rights in information, see generally Memorandum for William P. Marshall, Associate White House Counsel, from William Michael Treanor, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Constitutional Concerns Raised by the Collections of Information Antipiracy Act, H.R. 2652, at 21-25 (July 28, 1998).
9. In addition, to merit federal patent protection, a process must (among other things) be novel and nonobvious, see 35 U.S.C. § 103 (Supp. I 1995), and must not have been "known or used by others in this country," id. at 102(a). To the extent that tribal members and others have, over time, known of or implemented a particular process, patent protection for the tribe probably would be unavailable.


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Hoping to represent a class of consumers who bought LN's New York Landload-Tennat Law (aka the Tanbook), the law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph brought a Feb. 23 complaint against the publisher in Manhattan Supreme Court.
"Rather than an authoritative source of state statutes, laws and regulations, the Tanbook, which is represented by the defendant as complete and unedited, is instead, at least as pertains to those involving rent regulated housing in New York rife with omissions and inaccuracies, rendering it of no value to the attorneys, lay people, or judges who use it," the 25-page complaint states.
Details at Class Calls LexisNexis Publication Totally Useless (Courthouse News Service). Hat tip to and see also Jean O'Grady's Dewey B Strategic post. — Joe

subset: commoncrawl


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Incentives matter. But how much do they influence asset prices?
Nowadays, most investors delegate money management to professional asset managers, whose compensation has little downside risk and high upside potential due to variable compensation. At Robeco, we believe that such option-like incentives is one of the reasons the low-volatility effect is growing stronger. Experimental economics offers some deeper insights into this.
In a controlled trading environment, professor Kleinlercher and his co-authors* let 480 students trade a low-risk asset and a high-risk asset. When all market participants had bonus incentives, the risky asset ended up being overvalued by a hefty 70%. Meanwhile, when some investors had a linear incentive structure and a penalty incentive structure, the risky asset ended up with a significantly lower 30% overvaluation. In this case, investors with option-like incentives lost money while those with linear payoffs were able to grow their wealth and generate good total returns.
These results show how option-like incentives can strongly distort the price of low and high-risk assets. That's good news for prudent investors: they may benefit from other bonus maximizing investors who rationally overpay for risk.
*'The impact of different incentive schemes on asset prices', Daniel Kleinlercher, Jürgen Huber and Michael Kirchler, European Economic Review, Volume 68, May 2014, Pages 137–150.
Our researchers publish many whitepapers based on their own empirical studies; they also follow quantitative research done by others.
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By clicking Proceed I confirm that I am a professional investor and that I have read, understood and accept the terms of use for this website.


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ARTESIA — People here trust Albert Osborne Little. Why else would they put him in charge of a task as colossal as "gathering historical data and preparing an oral history" on this 111-year-old bedroom community?
But they worry about him because Little, who first set foot in Artesia in 1927, is 87 years old.
"Some people believe there is a certain urgency to get this done, due to my antiquity," Little said.
"But if I felt any better I would be in heaven. And I like it here," added Little, who still drives his automobile and regularly sails his 39-foot sailboat.
The City Council has commissioned Little and historian C. Richard Arena to develop an oral history of the city.
'He Saves Everything'
"We had wanted a history of the community for a long time. We knew Mr. Little had a lot of information. He saves everything related to the city. We wanted something done while he was still with us," explained Councilwoman Gretchen A. Whitney.
"Al Little is known as 'Mr. Artesia,' and he has lived a lot of Artesia history. It seemed a shame to let this history go by the boards without recording it," said Councilman James Van Horn.


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SitourUSA just landed GoPro as a partner/advertiser... Go Bill...!
We now have a few of their awesome video cameras to create our own magic this ski season.
If you want to participate in any way (and ski free with us)... let me know.
Here is inspiration:
Share this with http://bit.ly/GoProInspiration


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Are you among the people that think they only need to find the magic formula to change everything in their?
This is a reality check.
There's none.
You can't change your life with one magic formula. You'll need to learn, work and persevere to get what you want.
You can still look out for a quick fix. Or you can invest your time to change what need to be. Nothing can change in an instant.
There's always a lot of work behind. Even if you don't know about it or see it. The work behind is there.


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blood pressure, Bypass Surgery, cancer, Cardiology, diabetes, Diet, disease, Food, Health, heart disease, Inspiration, Life, lifestyle, motivation, Nutrition, Plant Based, Vegan, Vegetarian
Daily, I receive contact from all over this great country of ours. I respond to all of the questions and comments. I am not a doctor or nutritionist, I can simply share my experiences and point in the direction that worked for me.
I am sharing this email because it represents a frustration I have. This gentleman weighs 375 pounds and the best solution he found is eating a "beans & greens" diet. Is that the best that we have to offer?
At some point, a meaningful message is going to need to be conveyed to the American people pertaining to the food we eat. A message untainted by bias & profit. A message that clearly explains the likely scenarios of following a Standard American Diet… cancer, diabetes, heart disease, obesity, arthritis, dementia, Alzheimer's.
At this time, I don't see any organization stepping up and taking charge. Lots of individuals; but no centralized plan.
I am going to do my best to share my solution…
You should get with the American Heart Association, etc. and get on their speaking circuit, you could do a lot of good for obese people such as myself. I am at 375, shocked by what I have done to my body, and starting my "bean and Greens" diet today. Hope it works! I wish you'd give me any ideas for varying natural foods from day-to-day because that's where diets suffer systemic failure. We get bored with them.
Thanks for your BLOG, just found it by accident or was it "providence"?
Thank you for the comment.
I have learned over the last year and half that change is a lot of little steps that add up to something big.
I can't advise you on your own situation, but it comes down to a simple question.
Do you want to live? If its Yes, then make every decision based on that answer. If NO enjoy everything you are doing and don't regret it later. The movie Shawshank Redemption had a quote, "Get busy living or get busy dying".
What I am attempting to get across is "are you satisfied" with your current life. I come across a lot of sick people who are perfectly content with the way things are.
Change is very powerful and as I said before starts with little things.
Day One… Drink 8 16 oz glasses of water
Day Two… Drink 8 16 oz glasses of water, park at the furthest spot from your office,
Day Three..Day 1, Day 2, throw something away in your fridge (soda for example).
Day Four… you get the idea
Change is a cumulation of little daily habits. Replacing a bad habit with a good habit.
I don't know what greens & beans diet is but I do know that starvation diets are not very effective long-term.
Couple questions.
Have you seen Fat Sick & Nearly Dead? http://www.fatsickandnearlydead.com/
Have you seen Forks Over Knives? http://www.forksoverknives.com/
Both these movies are quite inspiring and might stir the emotions necessary to get going.
I appreciate your email a great deal and pay it forward I extend an open invitation to pick my brain anytime.
At the time my surgery was a real blow to my life and I couldn't see the future very clearly. One year later, and I mean this honestly, I would not change what happened. I am glad I was diagnosed with heart disease, it has made my life richer.
I am not a doctor, just a person like you that changed my entire life by making a few simple changes. I am happy to share them with you if you want. Make the commitment to change, that's the victory. The weight is secondary.
Ian Welch
More resources:
Dr. Esselstyn… Prevent & Reverse Heart Disease… www.heartattackproof.com
Dr. Colin Campbell…China Study…http://www.tcolincampbell.org/
Dr. McDougall… www.drmcdougall.com


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Whatever happened during the awarding night, the important thing is that this blog has been recognized and will be the starting point to make it better.
Once again, thank you.
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or make 4 interest-free payments of $1.24 AUD fortnightly with More info
We love this adorable Goki Bird Whistle, a sweet wooden whistle painted with non toxic paint. The whistle is available in a few different prints and colour, one of which will be supplied at random.
If you have any special requests for colour we will try to meet them, so please leave us a note at checkout if so.
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My daughter received a bird whistle in a party bag and I have to say that its the cutest thing ever! When i read "trumpet" on the packaging, I rolled my eyes and thought 'great, something loud and annoying' but my negative thoughts were quickly put to rest. It's possible that I enjoy this toy more than my 2yr old does.
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PhD, FRCP, MBBS
Myositis and other connective tissue diseaseGeneral rheumatology
Royal College of PhysiciansBritish Society for RheumatologyLondon Rheumatology Club
Ellane Mikael
+44 (0)20 3299 1732
Guthrie ClinicKing's College HospitalNHS Foundation TrustDenmark HillLondon SE5 9RS
Thursday evening
Dr Gordon is a Consultant Rheumatologist. He has thirteen years' experience in rheumatology with particular subspecialist expertise in connective tissue disease. He is experienced in a wide range of sub-specialist areas such as dermatomyositis, polymyositis, connective tissue disease, osteoporosis, inflammatory arthritis and vasculitis in addition to general musculoskeletal rheumatology. He is also experienced in the inpatient management of acutely ill patients with multisystem rheumatic disease on the wards and ITU.
His private practice is based in the Guthrie Clinic at King's College Hospital where he was appointed as a Consultant in 2004. Dr Gordon has trained at various international centres of excellence for rheumatology in the UK including Guy's & St Thomas' NHS Foundation Trust where he completed his PhD and is now in charge of the connective tissue disease service at Kings College Hospital NHS Foundation Trust.
The Guthrie Wing, King's College Hospital, Denmark Hill, London, SE5 9RS
+44 (0) 20 3299 3192
2016 - 2019 © King's College Hospital NHS Foundation Trust


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Amy Schumer is hitting the road in 2018 and kicking it all off on July 28th in Thackerville, OK.
Amy Schumer is a comedian from New York City, NY. She gained fame by placing fourth on the fifth season of the hit TV show, Last Comic Standing.
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07/28/2018 – WinStar Global Event Center – Thackerville, OK
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Vacation Post #1 – Sonoma, CA - August 14th and 15th
I decided to do something for myself that didn't involve gardening or working on the house over this vacation. So I splurged and got a room at theFairmont Sonoma Mission Inn and Spa for a couple of days. This is way more than I would usually be comfortable spending on a hotel room but my life has been so busy the last 7 months that I decided to do it. The hotel is one that has mineral water in all the pools and a giant spa so I just did it. The hotel itself is impressive, very big but keeps that mission charm to it. The staff is wonderful and my room was great! The only issue was the cost of everything there, but what do you expect at a Fairmont? I did book a spa treatment and it was so worth it! The spa area is as large as some hotels with 2 swimming pools, a mineral pool, a Jacuzzi and 2 steam rooms. There were as many men there as women which is was surprising. They even have a café and a store if you would like to buy some over-priced swim wear. I got a hotel signature treatment which started with mud being painted on my body and then I was wrapped in plastic and warm towels. It was like a cocoon or a burrito, imagine whichever makes the most sense to you. The mud was not some local farm mud, oh no.. it was mud from the moors of Hungary. Finely ground until it is like a talcum powder feeling and then mixed with warm water until it resembles a really thick pudding. Then after you steep in the mud burrito for about 15 mins or so, you get to wash it off. The guy doing my treatment helped wipe it off my back and then I got to get in the shower and scrub it off. It doesn't come off easily and I was finding small mud spots for days. After that, you get into a bath with bubbles and mineral salts and soak for about 15 mins more. Then you get a massage! So the whole thing took about 90 mins and cost me about $300.. but my skin was so smooth that it was ridiculous. After that I swam and lounged by the pool and even had a beer while I talked to a nice lady visiting from Seattle. It was so relaxing that I had to go take a nap! One thing I took a picture of was these chair and table sets that were all around the resort grounds under the trees. They are cleverly made from wine barrel pieces of wood.
I also spent time at the plaza in Sonoma where the last mission in the state resides. It is mission Solano and I went through a tour of the mission and the soldier's barracks next door. It is a very nice little town square kind of feeling with the old mission and new shops and wine bars and restaurants etc..
When I was driving home, I stopped along the way at a wildlife viewing area and took some pictures of the landscape. The area used to be mainly marshland and there was enough water in the sloughs to have flat bottom boats come in from the bay to deliver items to Sonoma and pick up things to bring back to San Francisco. There wasn't any bridges back then so the water was a key to supplying the area and commerce. Then levees were created to drain out the water and allow it to be farmed so that entire area is gone. However, a movement in the bay area is underway to purchase any of these tidal areas and restore them. Down in the south bay, there are old salt ponds that aren't needed any more and they are being restored as well. What has been discovered is the tidal marsh area served a vital purpose in filtering out the brackish water and providing shelter for lots of animals and birds. It is nice to see these areas being restored again, and you can see in the pictures, the marsh area and the farm land and vineyards, all playing nice together.
|Old Theater in the plaza
|Sonoma Mission
|Adobe Walls
|Courtyard fountain that I assume use to be a well
|Oven in the courtyard
|Soldiers Barracks
|Soldiers Barracks
|Marsh Area
|View from the marsh restoration area - next to a field of hay and the vineyards
It was a wonderful trip and I am glad that I did it… I hate spending money like that but I think it was well worth it. I came back relaxed and ready to go to Tucson to see Nick.


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Based on data in OpenStreetMap, here is a list of townlands in Ringrone.
Ringrone is in the baronies of Courceys, East Carbery (East Division) and Kinsale.
Ringrone is in the counties of Cork.
Ringrone is on Logainm.ie: Ringrone.
It is located at 51° 39' 58" N, 8° 35' 15" W.
Ringrone has an area of 40.5 km² / 10,010.5 acres / 15.6 square miles.
There are 43 townlands that we know about in Ringrone. This represents 98.0% of all the area in Ringrone.
Ringrone was added to OpenStreetMap on 10 Aug 2016 by Teester.


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5-19-2016 – 6:44 AM – Good morning from Mammoth Lakes, the window-cast shows pt. cloudy skies at this time. For today we have a wind advisory, winds with be SW to W 20-35 MPH with gusts 45-65+ MPH today.
As of this post I have a 49 here at the cabin and we have a 33 up top and it's 41 at the Main Lodge. Winds at this time are out of the SW to 65+ over the upper elevations with winds gusting to 15-30 MPH here in town.
This weekend we have a major cooling trend on the way with snow showers and thunder storms in the forecast into next week.


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I continue to be struck by the persistence with which anthropologists embrace Turnbull's romantic characterization of the Mbuti. . . Turnbull's work presents few data to support the ways in which he represents Mbuti life and thought; there are few or no narratives, analyses of mythology, or cultural descriptions based on a knowledge of the native Mbuti language. . .First of all, as I've already made clear, I see no reason to characterize Turnbull's work overall as producing a "romantic characterization" of the Mbuti, though this is certainly not an uncommon view. Turnbull does bear the responsibility for rather shamelessly idealizing his subject in a very few brief passages from the first chapter of The Forest People, and Grinker certainly has a right to challenge those passages. However, as I have already demonstrated, the book as a whole, along with its successor, Wayward Servants, very clearly presents the Mbuti warts and all, replete with bloody violence, wife-beatings, child beatings and more, and, contrary to a very commonly held opinion, Turnbull does not argue on behalf of some quintessentially primeval status for the Mbuti -- on the contrary he makes clear his belief that their lifestyle at the time he encountered them is probably very different from the way it was in the past.
To my knowledge, no subsequent fieldwork among the Mbuti or Efe, including my own, has revealed indigenous conceptions of the forest as a soul or life-force. Furthermore, as in this paper [he is reviewing a paper by Nurit Bird=David], the Mbuti are frequently appropriated as immediate returners without including in the analysis the Bila [sic] farmers with whom they live, and without a knowledge of the cultural constitution of the Mbuti and Bila economy.
Secondly, it's very hard to believe that anyone who'd read the almost 400 pages of Wayward Servants could claim that Turnbull presents "few data to support the ways in which he represents Mbuti life and thought." This book is full of data, presented in great and sometimes numbing detail. Thirdly, I see no basis for Grinker's accusation that Turnbull had no knowledge of the "native Mbuti language" (actually there is no such thing -- the Mbuti spoke a version of the Bantu language of their Bira "masters"). If there is some evidence to support such an assumption he never presents it. Nor does he make any attempt to explain how Turnbull managed to translate the two Mbuti legends presented in the appendix to Wayward Servants (pp. 303-310) if he had no knowledge of the language -- each line of the text is presented first as spoken by an Mbuti, with its English translation just underneath. If he didn't translate these texts, then who did?
As far as Turnbull's alleged failure to analyze the Bira villagers or his lack of knowledge of the "cultural constitution of the Mbuti and Bila economy" it's hard to understand how Grinker could have arrived at such conclusions, since The Forest People contains an entire chapter on "The World of the Village" and the economic relationship between the Mbuti and Bira is covered at great length and in considerable detail in Wayward Servants, which perhaps he never read.
Very unfortunately, Grinker continues in the same vein, presenting a caricature of Turnbull's work of the sort that has become all too typical:
The Forest People . . . is in many ways a thinly veiled attempt to use the idea of the "Pygmies" as a way to make universally valid statements about human nature. Turnbull played upon a deep-seated need throughout much of the West to invent a "primitive" and original form of human society [and here he cites Wilmsen, the most notorious of the angry revisionists], and toward this goal he draws an idealized picture of the Mbuti living a romantic and harmonious life in the bountiful rain forest of the Congo (p. 6).The above can only be characterized as a cheap smear with very little basis in fact. The Congo rain forest is indeed bountiful and Turnbull does indeed describe it in such terms. Turnbull does indeed make some pointed comparisons between the simplicity and honesty of Mbuti life as compared with our own, and I fully concur, as would a great many others, especially at this time. As for the rest, there is no basis in any of Turnbull's books for such views, nor do I see the evidence for "a deep-seated need throughout much of the West to invent a "primitive" and original form of human society," which strikes me as far more "essentialist" and "reductive" than anything Turnbull ever wrote. It is in statements such as this that we find the postmodern "counter-myth" at its most dishonest and destructive.


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Sleeping Dog Blog grew up on the ghats of Varanasi, India as a vehicle for Lord Kal Bhairava: upsurge incarnate. As an aspect of Lord Shiva, Kal Bhairava is known to slay whatever is not truth. He rides on the back of a black dog using our own lust and desire to increase the intensity and karmic activity of any situation, which brings us to tapas, the most sure way of achieving god consciousness and true inner healing.
Sleeping Dog Blog was started by Mike Holliday over 10 years ago. All the writing and photography on this site stands as a testaments to his lifelong dedication to the spirit of Lord Shiva and the body of humanity. (click for more about sleepingdogblog)
The main topics of Sleeping Dog Blog include:
Vedic Astrology
I created sleepingdogblog as an outlet for my writing and photography as I travelled the world. I value the traditional outlook of yoga, philosophy & healing. I believe that healing arises from within & that we are all capable of healing and self-recognition.
As a teacher and practitioner of yoga and traditional knowledge, I seek to use my gifts as writer, storyteller and healer to help bring guidance to those seekers who wish to deepen their practice, as well as others who wish to overcome some limitation of body mind or spirit.
I offer over 20 years of experience in traditional physical education, breath work, meditation, touch & non-touch therapies as well as astrology to help people achieve their goals for physical health, mental focus & spiritual growth. I work privately or in groups with anyone who feels that traditional methods can be helpful and complimentary to their healing or self care regime
From 2007 to 2016 I travelled all around India and much of the world for personal healing. I lived in Varanasi, India for more than a third of that time living, studying and teaching yoga, philosophy, astrology as well as other vedic and tantric means of self-knowledge with a local Brahmin Sanjay Tripathi. For the last several years I ran a Yoga Studio – Acupuncture clinic – Astrological / Philosophical consultancy offering diagnosis & treatment
In 2014, I was invited to speak at an Ayurveda research conference at Banaras Hindu University, in Varanasi, India. From there I went on to help design and conduct a yoga program for local high schools. My writing has been published in Elephant Journal and interviewed by Hindutva Magazine as well as smaller publications in Hong Kong, UK & German. My personal philosophy blog, "sleepingdogblog," receives over 25 000 visitors per year.
Yoga and Holistic Healing
- 2011 – YTT 200 hrs Hatha & Vinyasa Yoga from School Yoga, Nicaragua.
- 2012 – YTT 200 hrs Hatha Yoga from Sivananda Ashram, Canada.
- 2013 – 60 hrs Thai Massage from Sunshine School, Thailand
- 2013 – Certificate in Natural Acupuncture from the International Open University, India.
- 2017 – YTT 500 hrs Advanced Teacher of Therapeutic Yoga (near completion) from Ajna College, Canada. Includes: Yin Yoga, 50+ yoga, Yoga for hips and shoulders, for low back, for the mind, as well as general therapeutic theory and practice.
How did I get into teaching yoga?
After spending about five winters in India (including numerous months of walking pilgrimage, travel pilgrimages, simple, traditional ashram and monetary stays, Intensive study of scripture and and traditional ways of life combined with equally intensive periods of yogic sadhana) my teacher suggested that I should focus on teaching; sharing my knowledge with others rather than focusing on myself. He made me feel quite selfish, actually, for not sharing in Canada what so many people were traveling to India for. I was already teaching at that point, but in a very small way to friends and family and a few random people I would meet. I remember laughing at his suggesting that I teach. "How could I teach, I was still a baby myself?" Anyway, this conversation went on for several months, as our conversations tend to do and eventually he convinced me that compared to my peers in India might still be a baby, but already at that time many western yogis managed to find me by reputation, so he reasoned, by western standards I was a teacher. Besides that, he reasoned, I owed it to society that pushed me and supported me this far in life. Yoga, Tantra, Jyotish & philosophy was all I really had left in my life, so if I was going to give any beneficial service to society, these would have to be my means. In the end, he waylayed my fears by suggesting that few people put in the sustained work and study that I do for each individual person who comes to me with questions about life, health, yoga, philosophy, future, or remedial measures for these thing.
It wasn't until after that conversation that I decided to learn how to teach yoga and to learn about this activity they call yoga in the west. I figured that I should at least meet their expectations half way. So, after five years of intensive yogic studies in India, I came back to the west to study yoga; first in Nicaragua & then back in Canada.
Of course I'm still a baby, a student with unimaginable studies and realizations before me, but I have also walked a long road of knowledge and experience with much to share with others who seek union with Brahman.


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A Kid's Chalk Board Table
A Kid's Chalk Board Table
Designed by Brenda Hyde
All Rights Reserved
coffee table
wood putty
4 pastel acrylic paints-yellow, pink, blue and yellow
one can blackboard spray paint
Kilz acrylic primer
paint brushes
sandpaper or sander
regular black spray paint
Wash your table if it's dirty or dusty and allow it to dry. Take off the legs if they are removable. Use the wood putty to fill in any gouges or deep scratches. Allow to dry and sand. Wipe the table with a clean cloth to remove dust. Prime the entire table and the legs. After the primer dries, paint each leg a different pastel color. They will need two coats each. Allow them to dry between coats. (See tips below)
Turn the table top over so the bottom is up. Using the REGULAR black spray paint cover the bottom. Allow to dry and give it a second coat. Make sure it's completely dry. Place an old towel on your work surface and turn the table over so the top is face up. There are several brands of blackboard paint. Follow the directions and paint the top only of the table. They go on just like spray paint and our fairly easy to use. Spray evenly and make sure no one touches it until it's COMPLETELY dry. It takes longer than paint.
When the legs and table are completely dry, attach the legs back to the table. Most of the blackboard paints instruct a certain drying period of 1 or 2 days before using.
This such an easy and fun project. Our kids loved the table! If your kids are older they can even help with the project.
Working TipsSandpaper: A 4x6 inch piece of 2x4 wood works well for wrapping the sandpaper around the block and using this to sand rather than just the sandpaper itself. It will make it easier to sand evenly.
Painting: Take a scrap piece of wood (we used a piece of 4x4) and drill 4 holes in the wood spaced several inches apart. Screw in the 4 tables legs just enough for them to stand up. This worked great for painting the legs and allowing them to dry.


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Shortlink to this content: http://bit.ly/2nVIMZP
Wednesday, December 13, 2017 5:32am ET by Pressparty
Harry Styles stands in last minute as The Late Late Show host
Harry Styles had to step in last minute for James Corden last night (December 12) to host The Late Late Show.
Corden was absent because he was with his wife Julia Carey as they welcomed their third child into the world.
Styles revealed the news to the excited audience just half an hour after the baby was born, having rushed from the hospital where he had been with the happy couple before his appearance on the show. The "Kiwi" singer told the audience:
"Just a half hour ago, James and his beautiful wife Jules had a baby girl.
"In fact, I was just at the hospital before I came to fill in, and she looks a lot like James... mainly because James looks like a giant baby."
Corden thanked his friend Styles for replacing him for the evening on the show whilst he stayed with his wife and new tot, saying:
"Thank you Harry for stepping in to host the show at 2 and a half hours notice! x x x."
Watch Harry Styles hosting last night's (December 12) show, below:
Follow us: @Pressparty on Twitter / Pressparty on Facebook.
Latest 10 Harry Styles News Stories


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Happy Sunday evening! I hope everyone has had a fabulous weekend. :) Mine has been a mixture of homework and crafting, it's nice to have a stress-relieving activity to fall back on for when I'm tired of thinking and in need of some creativity. This weekend I created projects for Peachy Keen's November release party!
The first release challenge was to create a treat bag using the colors green and orange, while also incorporating at least one button. This was the more difficult of the two challenges for me, but I'm happy with what I came up with!
Both the snowman and the 'SWEET!' sentiment are from Peachy Keen's July Stamp Set of the Month. I colored the snowman cutie with Copics YG11, YG13, YG17, YR07, E25, and C1. He's adhered to the topper using pop dots, and I added a couple of tiny buttons as an accent. The treat bag is filled with chocolate chunk cookies - yummy!
Now on to my project for the second release challenge, which was to create an "upcycled" project using something from around the house. I upcycled an old mason jar that would be cute to fill with some hot chocolate or cookie mix! (Can you tell I was hungry while crafting this weekend?!)
All the papers used to embellish this jar are from Teresa Collins's "Santa's List" collection. I paper pieced the mittens and added White Opal Liquid Pearls to the tops to give them a textured look. The 'Happy Homespun Holidays' sentiment and the mittens are from Peachy Keen's November Stamp Set of the Month. What a fun project this was to make!
I'm off to create a couple more projects and finish up this research paper (finally!) have a great rest of your night and a wonderful start to your week!


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You can install two or more operating systems on your computer, and then choose the one that you want to use each time you restart. This is known as multibooting. You can configure your computer to start Windows XP, Windows 2000, Windows NT, and either Windows 95 or Windows 98.
Consider Disk Space, Type, and File System
Before using the multibooting feature, consider the tradeoffs: each operating system uses valuable disk space, and file system compatibility can be complex if you want to run Windows XP on one partition and an earlier OS on another partition. In addition, dynamic disk format introduced in Windows 2000 does not work with earlier operating systems. However, multibooting capabilities are a valuable feature providing the single-machine flexibility to run multiple operating systems.
In the past, some users installed multiple operating systems as a safeguard against problems with starting the computer. With Windows XP, you have more and better options for system recovery. For example, if you have a problem with a newly-installed device driver, you can use safe mode, in which the operating system restarts with default settings and the minimum number of drivers. Windows XP also includes compatibility mode, so you no longer need to keep an older operating system to run most of your older programs.
However, multibooting continues to be a useful feature if you are using Windows XP but occasionally need to replicate older computing environments. This article provides an overview of multibooting, beginning with a summary of disk requirements followed by guidelines for multibooting with Windows XP. It also addresses multibooting issues for running Windows XP with earlier operating systems including Windows 2000, Windows NT 4.0, Windows 9x, and MS-DOS®. Each section includes a checklist summary for easy reference.
Does Your Disk Support Multibooting?
The following table shows the disk configurations on which you can install more than one operating system.
|Disk configuration
|Requirements for multiple operating systems
|Basic disk
|This is the common name for the hard disk in your computer. You have a basic disk unless you have converted it to dynamic disk. MS-DOS and all Windows-based operating systems can access basic disks. A basic disk can contain up to four primary partitions. A partition is a section of the disk that functions as a separate unit. Each partition can have a different file format and different drive letter, for example, C: and D:. Each operating system must be on a separate partition.
|Single dynamic disk
|If you have one hard disk and you have converted it to dynamic disk, you can install only one operating system. You cannot multiboot. To determine if you have a dynamic hard disk, click Start, click Control Panel, click Performance and Maintenance, click Administrative Tools. Double-click Computer Management, and then click Disk Management. In the right pane, your disk will be labeled as a basic or dynamic type.
|Multiple dynamic disks
|If you have two or more hard disks installed in your computer, each dynamic disk can contain one installation of Windows XP Professional, or Windows 2000. No other operating systems can start from a dynamic disk. Windows XP Home Edition does not support dynamic disks.
One OS Per Partition
Before installing and Windows XP and an earlier version on the same machine, you must prepare your hard disk with different partitions.
When you install Windows on a new or reformatted hard disk, the Setup program typically does not partition your hard disk automatically. To create multiple partitions, choose Advanced Options during Setup and follow the instructions to create and name multiple partitions. You can also create partitions using Fdisk.
If you have already installed Windows, and you have only one partition, you must reformat and partition your hard drive before you can multiboot.
You can divide your hard disk into multiple partitions, and each partition can function as a separate logical drive. For example, logical drives C: and D: can both exist on the same hard disk, but function as separate disks. You should install each operating system on a different partition. Then install applications on the same partition as the operating system with which you run them. If an application is used with two different operating systems, install copies on both partitions. Placing each operating system in a separate partition ensures that it will not overwrite crucial files used by the other OS.
A basic disk can contain up to four partitions. Each partition can be formatted for use by a file system, such as FAT32 or NTFS. In general, you should always install the most recent OS last. In this case, you should install Windows 2000 and then install Windows XP.
Unique Computer Name You can set up a computer so that it has multiple installations of Windows XP and Windows 2000 Professional. However, you must use a different computer name for each installation if the computer participates in a Windows 2000 Server domain. Because a unique security identifier (SID) is used for each installation of Windows XP on a domain, the computer name for each installation must be unique—even for multiple installations on the same computer.
Checklist Summary To configure a computer containing Windows 2000 and Windows XP, review the following guidelines:Install each operating system on a separate drive or disk partition. Install Windows XP after you have installed Windows 2000. When you perform a new installation of Windows XP (as opposed to an upgrade), by default, the installation is placed on a partition on which no other operating system is located. You can specify a partition during Setup. Don't install Windows XP on a compressed drive unless the drive was compressed with the NTFS file system compression feature. On any partition where you perform a new installation of Windows XP (as opposed to an upgrade), you will need to re-install any programs, such as word processing or e-mail software, after Setup is complete. Install the programs used by each operating system on the partition with that system. If you want your programs to run with multiple operating systems, you need to install separate copies of the programs in each of the operating system partitions. If the computer is on a Windows 2000 Server domain, each installation of Windows XP on that computer must have a different computer name.


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Excellent Interstate Mover - Long Distance Move from California
We moved from San Diego County to Mandeville, Louisiana over the 2015 Christmas Holidays. Moving during the holidays can be VERY stressful, but Coast Valley made it a comfortable process every step of the way. Our driver, Bob was FANTASTIC. The packing crew that came out to the house was very professional, fast-paced and thorough. Really, though, it was Bob's attentiveness to our move and any concerns we had along the way that made the move the best we have ever had (we are in the military). He not only worked with us on scheduling, but was exceptional at managing his crew at our destination, and addressed some concerns he had on their level of performance in a swift and respectful manner. He made sure that before leaving, every piece was accounted for, and all furniture was in the correct position and put together. Thanks, again Bob! We hope you move us any time we move again in the future!!


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I love technology as much as the next person especially if it makes life a little bit easier, but I also try not to spend much time on my phone while my little one is awake unless I'm taking photos or logging information about our little girl.
Which brings me to my favourites app which I started using about a month after our little girl was born. It's called Baby Tracker and has been an absolute life saver. I've used this to log her sleeping patterns, so you'll see a pattern or routine emerge which I use religiously to see when her next nap is and perfect as baby grows as their awake times and nap times change. There is also the option to log nappy changes, wet, dirty, mixed & dry which comes in handy, if you think your little one isn't well you'll see less wet nappies or dirty nappies.
There is an option to log breastfeeding times so the first and last breat you nursed from and how long they nursed for meaning you'll know when their next feed will be. As well as being able to log bottle feeds and how much they had for both expressed milk, formula and later weaning. You can even keep track of how much milk you've expressed which builds an inventory for you of how much milk you've got in the freezer and when baby has a bottle of expressed milk it deducts the amount from your inventory total.
You can log immunisations what and when they had them. Any medication you've given them and what time you have it to them so you can see exactly when you can administer the next lot when they're unwell.
It shows their age in weeks or months and you can even add a photo. I LOVE this app and couldn't recommend it enough to all new moms. It's helped daddy with things like when her next nappy change is. Obviously feeds and naps change as they grow but if I say to my other half she goes for a nap every 3 and a half hours from the time she wakes up, all he has to do is check the app to see when she is tired or due a bottle.
It's so simple and easy to use. You can get statistics after you've logged enough information to see how sleeping and eating patterns change.
Try it. It's free!!! Let me know what you think.


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End of year message from CEO
2013 has been an exciting year for Cresset. From product releases to global events, including a recent trip to China. Dr. Robert Scoffin looks back over the year.
Can you put fields onto a protein?
This is the question we are asked most often, but to achieve this we need to handle formally charged groups. Dr. Mark Mackey, Cresset's CSO, describes our approach.
Usability and scientific usefulness
We aim to achieve a good balance between the provision of powerful science and making that science readily accessible and easily understandable. Is this a difficult act to balance?
Identifying new indications for existing drugs
Profitable reprofiling opportunities are often created by the publication of new biological targets. Blaze makes rapid assessments of which drugs may be active against the new targets.
Field Based Chemistry 2014
Cresset's 2014 user meetings are open to customers and non-customers and will take place as follows:
- 11th June, Novartis, Cambridge, MA, US
- 19th – 20th June, Madingley Hall, Cambridge, UK
Submit an abstract for an oral presentation. Further details will be published in the New Year.
Scaffold Hopping in Medicinal Chemistry
Part II of this new book includes Cresset's XED force field and Spark.


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Turquoise Beads and Cabochons
Turquoise literally means Turkish stone. The name developed because this sky-blue gem was brought to Europe via Turkey.
Genuine turquoise cabochons and turquoise beads set in gold, combined with lapis lazuli, or with sapphires and rubies, or in the shape of large beads on a single strand necklace are perfect complements to spring.
As Judy Gordon, "Today" Style Editor, states in her online column, turquoise and coral are hot cool jewelry accessories for spring, either combined or separately:
Two of the most important fashion colors this season — coral and turquoise — just happen to be as equally essential as jewelry pieces,emphasizes Gordon.
Vintage Turquoise and Sapphire Brooch: $12,000
Turquoise, Lapis, Ruby 14K Filigree Bangle Bracelet: $450
14mm Turquoise Bead Necklace: $3000.00
Turquoise Brooch in 18K Yellow & White Gold: $350
Vintage Turquoise Clasp on Freshwater Pearl Bracelet: $350