Can a Celebrity's RIght of Publicity become Public Domain ...

Banking on?a dead celebrity?s right of publicity being?public domain is an extremely dangerous advertising practice. Rights of publicity are a suite of legal rights that have developed from invasion of privacy and trademark law since the early 20th Century. There is a web of?state and federal laws that can protect dead celebrities? even celebrities from states like New York that specifically do not recognize a post-mortem right of publicity. And the laws can protect rights of publicity for as much as 100 years after death.

As a young lawyer, a common task was determining which state laws apply to a dead celebrity so to determine whether his or her name or image could be used for free.? The analysis is extremely detailed. Which law applies, New York (no protection) or California (broad protection)?? Does the use violate the celeb?s trademark or constitute a false designation under federal law???An article in Slate today made some stunningly dangerous over-simplifications about how a dead celebrity?s persona is protected.

In my entertainment and sports law seminar, we spend a few classes examining the various ways of protecting a persona. A right of publicity protects the commercial value of a celebrity?s persona. A 1941 Texas case involving Davey O?Brien is my hands down favorite for explaining the basis for protecting a celebrity?s right of publicity. The Texas court gets the analysis wrong, and a dissent by Justice Holmes provides the foundation for modern ROP laws.

All American and Heisman award winner Texas Christian University quarterback Davey O?Brien signed a waiver permitting TCU to use his image in connection with matters involving the team. Pabst obtained a copy of his college photo on the sly and ran it in a promotional calendar for its beer. O?Brien, a teetotaler and mentor to young athletes, objected to the unconsented-to use of his name and image to sell beer.

The court, using invasion of privacy law analysis which is intended to?protect people from undue publicity and embarrassment, decided that O?Brien sought the limelight as a pro athlete, thus?giving up his right to privacy.?Holmes dissented:

The right of privacy is distinct from the right to use one?s name or picture for purposes of commercial advertisement. The latter is a property right that belongs to every one; it may have much or little, or only a nominal, value; but it is a personal right, which may not be violated with impunity.

The identification of a ?property? right in persona versus a ?right not to be embarrassed? is the foundation of the law protecting post mortem rights of publicity.?A property right can be licensed to other parties for a fee as when Lebron James is paid to lend his name to Nike for sneakers.? As a property right, a celebrity can also?deny others the right to use his or her name commercially, as Davey O?brien had wished.

A property right can be inherited or bequeathed in a will, as when Einstein transferred his post mortem right of publicity to Hebrew University of Jerusalem.? However, as O?Brien found out, not all states recognize rights of publicity/post mortem rights of publicity and trademark law has special requirements that must be met before perpetual trademark rights can be obtained.? So there are holes to exploit.

But there?s a catch? many states?do recognize post mortem rights of publicity and some of those states extend rights to?dead celebs?without regard for?the law of the state?that applies to the celebrity?s estate. These umbrella laws may protect?celebrity estates from?unauthorized commerical uses of the celebrity?s?persona that ?travel? through the state.? So to take advatage of the holes in post mortem rights of publicity law, the commercial use must stay inside?the state that refuses to protect its dead celebrities. That means no use over the internet, no national or even regional broadcast spots, and no mobile advertising.

Related posts:

  1. Lady Gaga left ?Speechless? after domain name dispute ruling.

Source: http://oberipwatch.com/2012/08/22/can-a-celebritys-post-mortem-right-of-publicity-enter-the-public-domain/

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Global Communication Tools: Global Business and Ethics

Global Business and Ethics
By Jed A. Reay
With the advent of the Internet, everything from personal relationships to business has become 'global' for all intents and purposes. Today, you can talk to people across the world just as easily as if you were talking to your next door neighbor. Businesses can exchange documents of all sorts with the push of a button - without having to wait days, and often weeks, for those documents to be delivered by hand. We are global, and this has had a profound effect in the area of business ethics.
What we must realize is that what may be deemed ethical in our own country is not necessarily deemed as ethical in another country. This often makes conducting global business quite hard. At one time, because we did not have the Internet, it was more of a question of not accidentally disrespecting on another's customs and traditions. However, today, there is much more at stake. You must also not trample all over another businesses - or countries - ethical code, while you remain true to your own businesses or country's ethical code.
The first step is to understand business traditions and customs in the country that the business you are dealing with resides in. Hopefully, they will do the same for you, making an effort to learn about your business traditions and customs. Next, you need a way to clearly communicate. In this area of the global marketplace, hiring the services of a talented translator is essential. You need to clearly know what they are saying, and they need to know what you are saying as well. Don't rely on your one semester of a foreign language from high school to get you through this.
Global business also has a profound effect on your employees. For example, if you do business with a foreign country that only keeps regular business hours - in their time zone - one or more of your employees will need to be available for telephone calls and such, when it is convenient for the foreign company. Are you expecting your employees to be in the office to field those calls or to conduct those teleconferences at midnight, and expecting them to clock in bright an early the following morning? That is not very ethical.
Another area that has become a growing concern when it comes to global business and ethics is reporting income from foreign countries. If your company makes a sale to a company in Canada, for example, that sale will not be reported to the IRS in the United States by the company that you made the sale to or Canada's government. It is not, by anyone's standards, ethical not to report that income to the IRS yourself.
In many countries, bribing officials is a part of doing business. However, this does not make the practice ethical, and experts advise business owners to instruct all of their employees that such practices will not be tolerated when conducting global business - or even when conducting business in your own country.
Global business is seemingly easy with the use of the Internet, but in the grand scheme of things, when you start looking at what is and is not acceptable or expected in foreign country, in terms of ethical business practices, one must use a great deal of caution.
This and other topics that deal with corporate communications, business to customer relationships, and sales training through Collective Vision are just some of the topics discussed.
And now I would like to offer you one of my book chapters absolutely free. You can get instant access at http://www.jedreay.com/freechapters
From Jed A. Reay - The Communicator/Connector and Visionary Master Sales Trainer.
Article Source: http://EzineArticles.com/?expert=Jed_A._Reay
http://EzineArticles.com/?Global-Business-and-Ethics&id=1102046

Source: http://globalcommunicationtools.blogspot.com/2012/08/global-business-and-ethics.html

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Accused Colorado gunman saw three mental health experts: report

DENVER (Reuters) - Accused Colorado gunman James Holmes, charged with killing 12 people in a movie theater rampage last month, saw at least three mental health professionals at the University of Colorado before the shooting, a CBS News affiliate reported on Tuesday.

Holmes is accused of opening fire in a midnight screening of the new Batman movie "The Dark Knight Rises" in a Denver suburb, killing 12 people and wounding 58 others. His attorney has said in court that Holmes suffers from an unspecified mental illness and had tried to get help.

Court papers filed by defense attorneys in July said Holmes had been a patient of the medical director for student mental health services on campus, Dr. Lynne Fenton, before he filed paperwork to drop out of a competitive neuroscience graduate program.

But local CBS affiliate KCNC-TV, citing unnamed sources, reported that he had seen at least three mental health professionals associated with the university but did not name them. Reuters could not immediately verify the report.

How long Holmes met with the additional professionals and the extent to which they were involved in his mental health treatment was not clear, KCNC-TV reported.

University of Colorado Denver Anschutz Medical Campus spokeswoman Jacque Montgomery declined to comment on whether Holmes had seen three mental health professionals on campus, citing a court-issued gag order.

She did confirm that the university had obtained an attorney in addition to the two hired for Fenton. That attorney, Cathy Greer of Denver law firm Wells Anderson & Race, did not immediately respond to a request for comment.

As in many states, mental health care providers in Colorado must warn authorities of potential violent behavior only when a patient has communicated a serious threat of imminent physical violence against a specific target.

Previous media reports had said that Fenton reported Holmes to a campus threat assessment team and a campus police officer over concerns about her patient.

Holmes is being held without bond and in solitary confinement at the Arapahoe County jail. Prosecutors have not yet decided whether they will seek the death penalty.

(Writing and additional reporting by Mary Slosson; Editing by Cynthia Johnston and Lisa Shumaker)

Source: http://news.yahoo.com/accused-colorado-gunman-saw-3-mental-health-experts-023759844.html

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Preventing Heat Stress And Injury In Pets

Written by Dr. Dennis Chew for Vetstreet

It always amazes me when, every year as the temperatures rise, there are still reports of animals being left alone inside hot vehicles, despite the fact that the dangers of doing so are well-known. Animals that exercise too vigorously in the heat or cannot seek relief from it are also at risk for illness and injury as well. Not too long ago, I had a concerning experience like this with my own dog when I took him out for a little fun in the dog park.That's why, as the dog days of summer arrive, I thought it might be helpful to review some simple facts about how the heat can affect our pets.

Balmy Weather? Still Deadly
It's important to realize that dogs and cats can develop heat-related injury quickly when they stay inside a parked car or other vehicle. This can happen even when the windows are partially lowered, the vehicle is in the shade, or the outside temperatures seem relatively moderate. Many people do not realize just how quickly the interior temperature of a car can increase to deadly levels, even with some airflow provided by cracked windows. For example, on a 90-degree day, the temperature inside a closed car can climb to 109 degrees within just 10 minutes. In less than 50 minutes, temperatures in that same car can rise to above 130 degrees. On even a comparatively balmy 70-degree day, temperatures inside a vehicle can reach triple digits within 30 minutes (see table).

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Heat toxicity can also occur in dogs that exercise too vigorously during periods of high heat, especially if the humidity is also elevated. Even dogs that are in good athletic shape and used to regular exercise can develop heat injury when out and about in extreme conditions. Heat toxicity, or heat injury, can run the gamut from heat exhaustion (which occurs in the early stages of a heat-related event) to heat stroke, which is a full-blown emergency that requires immediate veterinary intervention.

airtemp

What Happens To A Heat-Stressed Pet?
During heat stress, the animal's internal body temperature can increase rapidly, and fatal organ failure can follow. Since dogs and cats do not sweat (except on footpads and the nose) the way humans do, they cannot use this as a method to lower body temperature. Instead, dogs and cats try to regulate their body temperature by panting to help body heat dissipate. This response, however, is limited and easily overwhelmed under extreme conditions.

Signs Of Heat Stress
Initial signs of heat toxicity include:

  • Panting

  • Excessive salivation (which is often thick and ropey)

  • Weakness

  • Collapse

  • Bright red membranes of the mouth, tongue, eyes, and sometimes skin in light-pigmented dogs

  • Vomiting and diarrhea can also occur due to damage to the gastrointestinal tract

Multiple organs can fail if the excessive heat retention is not relieved soon enough. These organs include the gastrointestinal tract, kidneys, liver, heart, muscles, brain, and bone marrow. Heat retention causes the blood vessels to dilate, and a form of shock develops as the condition advances.

If the animal is in a state of collapse when found, it is imperative to get him to your local veterinarian or an emergency clinic immediately. Quickly cooling the animal for the trip with cool water from a garden hose may be helpful but do not immerse your dog in cold or ice water as this could lead to shock. If shock does develop, intravenous fluids and other medications may be needed for a few days upon arrival at the hospital.

Preventing Heat Stress
Never assume that it is OK to leave your dog or cat in a car unattended during warmer weather, and carefully monitor and limit strenuous exercise periods for your dog in high temperatures. Reduce the time you allow your dog to walk, run or jog with you, or to follow you during bike rides. If it's hot enough, you may need to postpone the activity altogether. Keep in mind that obese dogs or ones that only exercise occasionally are particularly vulnerable to overheating.

Even on a reduced exercise schedule, take frequent rest breaks in the shade. Remember to take water and even ice cubes along for your dog to drink when outdoor temperatures are above 80 degrees. Towels that can be wet with cool water and placed over your dog can help bring his body temperature down following exercise bouts ? but be sure to remove the towels once they become warmed from body heat. Exercising in dog parks early in the morning or later at night when outside temperatures are lower will also reduce the risk for heat-related injury. Restrict exercise when outside temperatures are above 80 degrees, especially in locales with high humidity. Finally, dogs with long hair may benefit from being clipped or shaved for the summer months.

My Own Personal Experience
Recently, my own dog was vigorously exercising in the dog park -- running around with two other dogs and having a great time. The ambient temperature was about 92 degrees, and the humidity was quite high. He was fine for about five minutes, but then started to salivate a lot and was panting very rapidly. We removed him from the park and walked back to the car. He could not jump into the car on his own, and I had to lift him into the vehicle. He was extremely quiet and didn't move during the five-minute drive home. I kept the air-conditioning on high with the vents directed his way. Upon arrival at the house, I hosed him down for five minutes with cool water from the garden hose. He revived over the next 10 minutes. Had he not come around right away, we would have been on our way to the emergency clinic for IV fluids. This incident underscored for me just how easy it is for a dog to get into trouble in the heat -- even with a watchful veterinarian as an owner. If you see any potential signs of distress in your dog, be sure to take prompt steps to cool him. And if you have any doubt about how serious the situation may or may not be, call your veterinarian immediately.

More from Vetstreet: Health Secrets Your Pets Won't Tell You

  • "I Hurt!"

    As you can imagine, this is a huge issue for veterinarians. Identifying pain can be hard to do when pets' pain-relieving adrenaline is pumping and they're obviously doing their very best to be sure that they don't show any weakness. Just so you know, dogs' and cats' wild ancestors imbued them with the ability to mask pain. This is an especially attractive quality when you live in mortal fear of predators who share your ecosystem. There's no time for visible suffering when a predator is looking for his next meal! <strong>More from Vetstreet:</strong> 9 Cat Breeds That Crave Affection 3 Bad Things Pet Owners Do That Drive Vet's Crazy Are Dogs or Cats Better Pets? <em>Flickr photo by Beverly & Pack</em>

  • "I'm Itchy!"

    Although dogs will show you when their skin is irritated by chewing and scratching, cats are infinitely subtler. Most itchy kitties will display their discomfort by over-grooming. If the irritation is intense enough, hair loss can even result. It's only in the most extreme cases -- such as with ear mites and mange -- that cats will scratch to relieve itching, sometimes with claw marks to show for it. <em>Flickr photo by rileyroxx</em>

  • "That's More Food Than I Need."

    Can you imagine your food-obsessed dog ever confessing to this? The truth is that dogs, cats, goats and horses are the only species I know of that will eat themselves to death. It's kind of sad -- but true -- that most canines are capable of taking in as much food as we're willing to give them. And cats? That bottomless bowl of kibble that so many of their owners offer them means that they never have to ask for more. <em>Flickr photo by carterse</em>

  • "I'm Tired."

    Lots of things can make a dog tired: hypothyroidism, Cushing's disease, diabetes, malnutrition, anemia, osteoarthritis, heart disease, cancer, fevers, etc. To you, it may seem like your pet is just getting old or settling into that couch potato middle age thing, but the truth of the matter may be more sinister. <em>Flickr photo by trophygeek</em>

  • "Why Do You Look So Fuzzy?"

    It's hard for pets to convey a loss of vision. While sudden blindness may lead to obvious signs of distress and confusion, a gradual loss of vision is hard to get a handle on if pets are good at adapting -- and they almost always are! <em>Flickr photo by neekoh.fi</em>

  • "I'm Nauseous."

    Here's a tough one. Unless pets are actively vomiting, most owners have a difficult time determining whether pets are nauseous. Guess what? So do veterinarians. If your pet is salivating, licking his lips constantly or swallowing frequently, nausea could be the culprit. <em>Flickr photo by Tobyotter</em>

  • "I'm Too Hot!"

    When dogs pant hard and they lag behind on walks, it's time to stop. Many dogs will continue to walk, run or play until it's too late and heatstroke results. Cats are much smarter about this, but even they can hide overheating in confusing ways. Consider the feverish cat: Felines handle high fevers with sedated aplomb. They don't look like they're hot, and they appear as if they'd like nothing better than to sleep and hide. <em>Flickr photo by lisamurray</em>

  • "My Paws Are Burning!"

    It happens when dogs are walked on hot pavement or sidewalks. It's amazing how they'll continue to walk when their feet are clearly on fire. Burnt pads are not only really painful, but they take weeks to heal. <em>Flickr photo by Allmightymo</em>

  • "What Did You Say?"

    Hearing loss is not something that pets can communicate. We have to figure this one out on our own. <em>Flickr photo by DDFic</em>

  • "Is It My Belly Or My Back?"

    Here's another tough one: Pets with back pain sometimes appear to have belly pain -- and vice versa. Part of the problem is that pets who have back or belly pain tend to show the same signs: They shiver, shake, fail to jump or run and generally don't act like themselves. Pets with either belly or back pain also react adversely when they're picked up from underneath, so it can be extra hard to figure out whether it's back or belly pain. <strong>More from Vetstreet:</strong> 9 Cat Breeds That Crave Affection 3 Bad Things Pet Owners Do That Drive Vet's Crazy Are Dogs or Cats Better Pets? <em>Flickr photo by Daveybot</em>

  • Related Video

For more on pet health, click here.

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Source: http://www.huffingtonpost.com/2012/08/16/preventing-heat-stress-in-pets_n_1775653.html

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Australian court OKs logo ban on cigarette packs

Australia's highest court upheld the world's toughest law on cigarette promotion on Wednesday despite protests from tobacco companies that argued the value of their trademarks will be destroyed under new rules that will strip all logos from cigarette packs.

The decision by the High Court means that starting in December, tobacco companies will no longer be able to display their distinctive colors, brand designs and logos on cigarette packs. The packs will instead come in a uniformly drab shade of olive and feature graphic health warnings and images of cancer-riddled mouths, blinded eyeballs and sickly children. The government hopes the new packs will make smoking as unglamorous as possible.

"This is a victory for all those families who have lost someone to a tobacco-related illness. For anyone who has ever lost someone, this is for you," Attorney General Nicola Roxon and Health Minister Tanya Plibersek said in a joint statement. "No longer when a smoker pulls out a packet of cigarettes will that packet be a mobile billboard."

Fears of global precedent
British American Tobacco, Philip Morris International, Imperial Tobacco and Japan Tobacco International are worried that the law will set a global precedent that could slash billions of dollars from the values of their brands. They challenged the new rules on the grounds that they violate intellectual property rights and devalue their trademarks.

The cigarette makers argued that the government would unfairly benefit from the law by using cigarette packs as a platform to promote its own message, without compensating the tobacco companies. Australia's constitution says the government can only acquire the property of others on "just terms."

The court, which ordered the tobacco companies to pay the government's legal fees, withheld its reasons for the judgment on Wednesday. They'll be released later this year.

British American Tobacco spokesman Scott McIntyre said the company was disappointed in the court's decision but would comply with the law.

Black market argument
"Although the (law) passed the constitutional test, it's still a bad law that will only benefit organized crime groups which sell illegal tobacco on our streets. ... The illegal cigarette black market will grow further when all packs look the same and are easier to copy," McIntyre said in a statement.

Imperial Tobacco echoed that argument.

"Plain packaging will simply provide counterfeiters with a road map," Imperial Tobacco spokeswoman Sonia Stewart said in a statement. "The legislation will make the counterfeiters' job both cheaper and easier by mandating exactly how a pack must look."

Australia's health minister dismissed those claims, saying there are still measures to prevent counterfeiting, such as the use of alphanumeric codes on legitimate cigarette packs.

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"There are all sorts of counterfeiting operations around the world," Plibersek told reporters. "The fact that this packaging looks like this now doesn't make it easier to counterfeit."

Jonathan Liberman, director of the McCabe Center for Law and Cancer, told reporters outside the court that the ruling would inspire other countries to take the same measures against tobacco companies.

"It shows to everybody that the only way to deal with tobacco industry's claims, saber rattling and legal threats is to stare them down in court," he said.

"It's a fantastic decision for public health in Australia," he added.

Australia faces a potential challenge to its laws through the World Trade Organization, with three tobacco growing countries ? Ukraine, Honduras and the Dominican Republic ? making official requests for consultation on plain packaging. Consultations are the first stage of the WTO's dispute resolution process.

These countries argue that the laws contravene Australia's international obligations in respect to trade-related aspects of intellectual property.

Roxon said while countries had raised with Australia the trade implications of the laws, her government would fight to maintain them.

"It's never been asserted successfully around the world in any trade dispute that governments are not allowed to take public health measures to protect their community," she said.

Tobacco advertising was banned from Australian television and radio in 1976. Restrictions on advertising have tightened over the years to include print ads, the Internet and retail outlets.

Smokers account for 17 percent of Australia's population, compared with around 20 percent of American adults.

With high taxes aimed at dissuading smokers, a pack of 25 cigarettes retails in Australia for about 16 Australian dollars ($17).

____

Associated Press writer Kristen Gelineau in Sydney contributed to this report.

Source: http://www.msnbc.msn.com/id/48669041/ns/health-cancer/

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S&P says Dodd-Frank may cost Big Banks $34 Billion annually ...

Home > News Item > S&P says Dodd-Frank may cost Big Banks $34 Billion annually

Dodd-Frank Cartoon posted in MHProNews.com

ComplianceWeek tells MHProNews about a new report, ?Two Years On, Reassessing the Cost of Dodd-Frank for the Largest U.S. Banks,? Standard & Poor?s Ratings Services (S&P) updated its prior estimate of what new regulations may cost Bank of America, Citigroup, Goldman Sachs, JPMorgan Chase, Morgan Stanley, PNC Financial Services, U.S. Bancorp, and Wells Fargo. It says these ?large, complex? institutions ?will bear the brunt of the financial impact.? Dodd-Frank Act could reduce pretax earnings for these eight mega-banks by $22 billion to $34 billion annually. The previous estimate was $19.5 billion to $26 billion. S&P credit analyst Matthew Albrecht stated, ?Considering what we know now about rules and regulations that have yet to be implemented, and based on our current forecasts for banks? capital and earnings, we don?t believe the financial impact of regulatory reform will, in itself, affect our ratings on the eight large U.S. Banks.? Albrecht added, ?However, proposed rules and regulations could change our assessments of banks? business or risk positions, which could ultimately lead to rating actions in isolated cases.? MHProNews notes that small to mid-zed financial institutions also have their challenges and concerns about the costs of the regulatory and compliance burdens they face as a consequence of Dodd-Frank. ##

(Graphic credit: Mountainseed-Dodd-Frank Cartoon)

Categories: News Item Tags: credit analyst, Dodd-Frank, Dodd-Frank Act, financial impact, financial institutions, Goldman Sachs, JPMorgan Chase, MHProNews, Morgan Stanley, pnc financial services, pretax earnings, regulatory reform, risk positions, Standard & Poor's, tax earnings, U.S. Bank, Wells Fargo

Source: http://www.mhmarketingsalesmanagement.com/blogs/daily-business-news/sp-says-dodd-frank-may-cost-big-banks-34-billion-annually/

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Making $11,000 a year, but excluded from Medicaid

MIAMI (AP) ? Sandra Pico is poor, but not poor enough.

She makes about $15,000 a year, supporting her daughter and unemployed husband. She thought she'd be able to get health insurance after the Supreme Court upheld President Barack Obama's health care law.

Then she heard that her own governor won't agree to the federal plan to extend Medicaid coverage to people like her in two years. So she expects to remain uninsured, struggling to pay for her blood pressure medicine.

"You fall through the cracks and there's nothing you can do about it," said the 52-year-old home health aide. "It makes me feel like garbage, like the American dream, my dream in my homeland is not being accomplished."

Many working parents like Pico are below the federal poverty line but don't qualify for Medicaid, a decades-old state-federal insurance program. That's especially true in states where conservative governors say they'll reject the Medicaid expansion under Obama's health law.

In South Carolina, a yearly income of $16,900 is too much for Medicaid for a family of three. In Florida, $11,000 a year is too much. In Mississippi, $8,200 a year is too much. In Louisiana and Texas, earning more than just $5,000 a year makes you ineligible for Medicaid.

Governors in those five states have said they'll reject the Medicaid expansion underpinning Obama's health law after the Supreme Court's decision gave states that option. They favor small government and say they can't afford the added cost to their states even if it's delayed by several years. Some states estimate the expansion could ultimately cost them a billion dollars a year or more.

Many of the people affected by the decision are working parents who are poor ? but not poor enough ? to qualify for Medicaid.

Republican Mitt Romney's new running mate, conservative Wisconsin congressman Paul Ryan, has a budget plan that would turn Medicaid over to the states and sharply limit federal dollars. Romney hasn't specifically said where he stands on Ryan's idea, but has expressed broad support for his vice presidential pick's proposals.

Medicaid now covers an estimated 70 million Americans and would cover an estimated 7 million more in 2014 under the Obama health law's expansion. In contrast, Ryan's plan could mean 14 million to 27 million Americans would ultimately lose coverage, even beyond the effect of a repeal of the health law, according to an analysis by the nonpartisan Kaiser Family Foundation of Ryan's 2011 budget plan.

For now, most states don't cover childless adults, but all states cover some low-income parents. The income cutoff, however, varies widely from state to state.

Most states cover children in low-income families. Manuel and Sandra Pico's 15-year-old daughter is covered by Medicaid. But the suburban Miami couple can't afford private insurance for themselves and they make too much for Florida's Medicaid.

Manuel Pico, a carpenter, used to make more than $20,000 a year, but has struggled to find work in the last three years after the real estate market collapsed. He occasionally picks up day jobs or takes care of the neighbor's yard. Sandra Pico would like to work full time, but can't afford to pay someone to watch her 34-year-old sister, who has Down syndrome.

"No matter how hard I work, I'm not going to get anywhere," Sandra Pico said. "If you're not rich, you just don't have it."

In San Juan, Texas, 22-year-old Matthew Solis makes about $8,700 a year ? too much to qualify for Medicaid in that state. Solis, a single father with joint custody of his 4-year-old daughter, said he works about 25 hours per week at a building supply store making minimum wage and is a full-time college student at the University of Texas-Pan American. He aspires to be a school counselor.

He recently sought medical care for food poisoning, visiting a federally funded clinic. But he doesn't see a doctor regularly because he can't afford private insurance. The new health law allows young adults to remain on their parents' insurance until age 26. But that doesn't help Solis, whose father is uninsured and whose mother died of leukemia when he was 8.

"I voted for him (Obama) because he promised we would have insurance," Solis said. "I'm pretty upset because I worked for Obama and I still don't have coverage."

His governor, Rick Perry, like Pico's governor, Rick Scott, is rejecting the Medicaid expansion. So Solis too is out of luck unless his circumstances dramatically change.

In all but one of the states where governors are rejecting or leaning against the expansion, the income level that disqualifies a parent from Medicaid is below the federal poverty line. Only in New Jersey, where Gov. Chris Christie has said he's leaning against the expansion, is Medicaid available to parents with incomes at the poverty line and slightly above. New Jersey will cover a parent making $24,645 in a family of three.

Most states base Medicaid eligibility for parents on household income and how it compares to the federal poverty level, which was $18,530 for a family of three in 2011, the year being used for easier state-by-state comparisons.

In Louisiana, the eligibility cutoff for a working parent is 25 percent of federal poverty, or $4,633 for a family of three. In Nevada, it's 87 percent of the federal poverty level, or $16,121 for a family of three.

That's been the range in states where governors are likely saying no to expanded Medicaid.

In contrast, states where governors have said they'll expand Medicaid are more generous with working parents. The Medicaid eligibility cutoff ranges in those states from Washington's $13,527 to Minnesota's $39,840.

To be sure, some states with generous coverage for parents have been forced to cut back. Illinois, facing a financial crisis, ended coverage last month for more than 25,000 working parents. Even so, the state still covers working parents with incomes slightly higher than the poverty line.

The national health law's Medicaid expansion would start covering all citizens in 2014 who make up to roughly $15,400 for an individual, $30,650 for a family of four.

The federal government will pay the full cost of the Medicaid expansion through 2016. After that, the states will pick up 5 percent of the cost through 2019, and 10 percent of the cost thereafter.

Why would a governor say no?

These state leaders are in favor of smaller government. In principle, they don't want the federal government to expand ? even if that expansion would help their own citizens. Also Medicaid is costly, taking a huge bite out of budgets already. And they don't want to be on the hook for paying any more of the tab even if it's years down the road.

"We don't need the federal government telling us what to do when it comes to meeting the needs of the citizens of our states," Florida Gov. Rick Scott wrote recently in an opinion piece for U.S. News and World Report. "And we don't need Washington putting states on the hook for future budget obligations."

Also, many conservatives view Medicaid as a wasteful, highly flawed program, akin to no health coverage. Many doctors across the country won't treat Medicaid patients because the payments they receive are so low.

When the Supreme Court ruled that states could opt out of the health law's Medicaid expansion, it raised the chances for inequity at a time when more Americans have fallen from the middle class into poverty, said Isabel Sawhill, a senior fellow at the Brookings Institution.

"Why should a sick person in Connecticut have access to health care when they don't in Mississippi and Texas?" Sawhill asked. "We really do have a very high level of poverty as a result of the recession. And the safety net is weaker than ever."

Medicaid, the nation's single largest insurer, is a state and federal program created in 1965 as a companion program to welfare cash assistance to single parents. Today, the elderly and disabled cost nearly 70 cents of every Medicaid dollar, not the stereotypical single mother and her children.

What's largely unknown to many Americans is who is left out of the safety net, said Cheryl Camillo, a senior researcher at Mathematica Policy Research. "A huge chunk of the populace is not covered, even by Medicaid," she said.

The political rhetoric during a presidential campaign focuses on the middle class and leaves the uninsured working poor largely invisible, said Rand Corp. researcher Dr. Art Kellermann.

"We hear a lot of talk about unemployment and the aspirations of middle-class Americans. But we don't hear about the consequences of unemployment and the consequences of the collapsing middle class," Kellermann said. Losing health insurance is one of those consequences.

"It's like the public just doesn't want to believe anything else until it hits home," he said, "Until it's their own child, brother or parent that got laid off when they were 58, until then, it's not real."

___

AP Medical Writer Carla K. Johnson reported from Chicago. AP Writer Christopher Sherman contributed to this report from San Juan, Texas.

Source: http://news.yahoo.com/making-11-000-excluded-medicaid-195936677.html

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Source: http://www.arlynsfineaccessories.com/product-reviews-electronics/you-could-shop-online-for-replica-handbags-and-that-too/

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Tunisia's new constitution 'not ready' before April 2013

Tunisia's new constitution will not be adopted until April 2013, six months later than planned, the head of the drafting committee said on Monday, threatening to compound political uncertainties.

"The final draft of the constitution could be put to the vote (in the National Constituent Assembly) at the end of April," said Habib Khedher, a member of the ruling Islamist party Ennahda and MP in the interim parliament.

"I think that is a realistic target," Kheder told AFP.

The government had until now insisted that it would meet the deadline of October 23 for ratifying the new constitution, in order to hold planned general elections in March next year.

The new timetable looks likely to delay those fresh elections and aggravate the political uncertainties already facing Tunisia, which has been rocked by social unrest in recent months.

The government's failure to improve living standards, as well as fears that a rising Islamist tide threatens personal freedoms, have led to strikes, protests and confrontations with the police.

Kheder declined to comment on when he now expected the elections to be held, saying that was "the responsibility of the government."

The constitution's revised timetable will be discussed at a meeting of the NCA on September 3, ahead of the next parliamentary session, he said.

Tunisia's main parties were given one year to draft a new constitution, after elections last October that brought Ennahda to power at the head of a coalition also grouping centre-left parties the Congress for the Republic and Ettakatol.

Opposition MPs were quick to criticise the new hitch to the democratic transition in Tunisia, 17 months after the revolution that overthrew veteran strongman Zine El Abidine Ben Ali and touched off the Arab Spring.

"Can the country handle another such delay? Can Tunisia's fragile economy withstand another delay?" asked Issam Chebbi, MP and spokesman for the Republican Party, when contacted by AFP.

"We will demand a law that fixes a date for the elections," he said, adding that "the longer the transition lasts, the more the chaos will spread."

The new constitution is due to replace the provisional laws that have governed Tunisia since the revolution, and allow fresh elections to take place.

But it has been heavily delayed due to an apparent deadlock over certain key issues, with the Islamists seeking a pure parliamentary system and the other parties wanting important powers to remain in the hands of the president.

The news of further setbacks comes amid heightened criticism of Ennahda by opposition and civil society groups, which accuse the ruling party of increasingly authoritarian and Islamist tendencies.

Another factor behind rising social discontent is the persistence of poor living conditions in certain parts of Tunisia, and high youth unemployment in particular, a key factor behind the revolution.

Explaining the delays to the timetable, Khader said the first version of the constitution should have been presented to parliament at the end of last month, but was never completed, while the final draft should have been ready by October.

The six committees responsible for the six different chapters of the constitution have to submit each article individually for approval by MPs, who can make further amendments.

Only then can the text be adopted by parliament, where it requires a two-thirds majority. Failing this, the draft constitution would be put to a referendum.

Source: http://news.yahoo.com/tunisias-constitution-not-ready-april-2013-170631079.html

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Middle Aged Crazy ? Required Reading: 13 Coffee Books

Source: Daily Shot Of Coffee

Must Read Coffee BooksI love reading about coffee, almost as much as I enjoy drinking the delicious beverage?almost as much. Anyways, over the last few years I?ve read just about every book on coffee that I could get my hands on?some better than others. After a request via Twitter from Matt Williams, I?m putting together a list of some of my favorites.

(First paragraph ? my thoughts on the book, second paragraph a more official description)

Brewing Justice: Fair Trade Coffee, Sustainability, and Survival

Brewing Justice takes a look at fair trade ? the good and the bad ? and the how our favorite beverage affects those who grow it for us. A little dry, text book like a times, but a must read if you want to know more about Fair Trade.

Fair trade is a fast-growing alternative market intended to bring better prices and greater social justice to small farmers around the world. But is it working? This vivid study of coffee farmers in Mexico offers the first thorough investigation of the social, economic, and environmental benefits of fair trade. Based on extensive research in Zapotec indigenous communities in the state of Oaxaca, Brewing Justice follows the members of the cooperative Michiza, whose organic coffee is sold on the international fair trade market. It compares these families to conventional farming families in the same region, who depend on local middlemen and are vulnerable to the fluctuations of the world coffee market. Written in a clear and accessible style, the book carries readers into the lives of these coffee producer households and their communities, offering a nuanced analysis of both the effects of fair trade on everyday life and the limits of its impact. Brewing Justice paints a clear picture of the complex dynamics of the fair trade market and its relationship to the global economy. Drawing on interviews with dozens of fair trade leaders, the book also explores the changing politics of this international movement, including the challenges posed by the entry of transnational corporations into the fair trade system. It concludes by offering recommendations for strengthening and protecting the integrity of fair trade.

Coffee: A Guide To Buying, Brewing And Enjoying

I read this book a few years ago, but it still stands out. A great read, loaded with information to help bring your coffee experience to the next level.

Now in its latest revised edition, Kenneth Davids?s comprehensive and entertaining Coffee: A Guide to Buying, Brewing and Enjoying, remains an invaluable resource for anyone who truly enjoys a good cup of coffee. It features updated information and definitions, a history of coffee culture, tips on storing and brewing, and other essential advice designed to improve the coffee experience. Coffee lovers everywhere will welcome this lively, complete guide to the fascinating world of America?s national beverage.

Coffee Talk: The Stimulating Story of the World?s Most Popular Brew

A good book, although at times I felt like it was covering well covered ground.

In this entertaining yet comprehensive book, food expert Morton Satin describes how, in recent times, coffee has become the magnet that draws people together for spirited interchanges of information and ideas. In the intellectual capitals of the world, coffeehouses have been and continue to be the venues where the great minds flock to discuss the latest developments in the arts, sciences, and social philosophies.

Satin, moreover, traces the rich and intriguing history of coffee, showing how coffee consumption evolved to fit the social and economic needs of different times. His fascinating narrative dispels common myths and conveys such little-known facts as: the dark coffee bean originated in Africa, not South America, as many believe.

Coffee Quest

Looking for a fun, easy read? Check out Dave?s experience as he searches for a better cup of coffee.

Dave Wodnicki is just a regular guy who likes the simple things in life, like a sunny morning and a nice full-bodied cup of coffee. Having spent all of his working life in the high-tech world slurping down countless cups of bad coffee, Dave started looking for something better than just a caffeine fix. A ?flavor? fix was what was needed, and the quest to find it was begun. While on his quest, new pathways were revealed, which led him to the present culture of coffee aficionados. The coffee trail opened up to reveal new views into the world of art and culture. Yet another path led to his awareness and appreciation of agriculture, nutrition, gourmet chefs, and the modern foodie society whose experience and enthusiasm prompted him to pay much closer attention to matters of food and the drink called coffee. This is the story of his adventure through the maze of mediocre mud to the finish line of fantastic flavor. This is the search for the perfect cup of joe?a Coffee Quest.

God in a Cup: The Obsessive Quest for the Perfect Coffee

I?m not going to lie, at first I thought this book was some sort of book about religion. Turns out this book looks into the world of specialty coffee from Stumptown?s office to the small farms where some of the best coffee in the world grows. Must read for anyone that wants to know more about specialty coffee.

Can a cup of coffee reveal the face of God? Can it become the holy grail of modern-day knights errant who brave hardship and peril in a relentless quest for perfection? Can it change the world? These questions are not rhetorical. When highly prized coffee beans sell at auction for $50, $100, or $150 a pound wholesale (and potentially twice that at retail), anything can happen.
In God in a Cup, journalist and late-blooming adventurer Michaele Weissman treks into an exotic and paradoxical realm of specialty coffee where the successful traveler must be part passionate coffee connoisseur, part ambitious entrepreneur, part activist, and part Indiana Jones. Her guides on the journey are the nation?s most heralded coffee business hotshots?Counter Culture?s Peter Giuliano, Intelligentsia?s Geoff Watts, and Stump-town?s Duane Sorenson.

With their obsessive standards and fiercely competitive baristas, these roasters are creating a new culture of coffee connoisseurship in America?a culture in which $10 lattes are both a purist?s pleasure and a way to improve the lives of third-world farmers. If you love a good cup of coffee?or a great adventure story?you?ll love this unprecedented look up close at the people and passions behind today?s best beans.

How Starbucks Saved My Life: A Son of Privilege Learns to Live Like Everyone Else

Not a big fan of Starbucks books, but I really liked this one.

In his fifties, Michael Gates Gill had it all: a mansion in the suburbs, a wife and loving children, a six-figure salary, and an Ivy League education. But in a few short years, he lost his job, got divorced, and was diagnosed with a brain tumor. With no money or health insurance, he was forced to get a job at Starbucks. Having gone from power lunches to scrubbing toilets, from being served to serving, Michael was a true fish out of water.

Javatrekker: Dispatches From the World of Fair Trade Coffee

One of my favorites. If you want to learn more about where your coffee comes from, check out this book today. It?s informative and I enjoyed following along with Dean as he traveled to coffee growing countries around the world.

In each cup of coffee we drink the major issues of the twenty-first century-globalization, immigration, women?s rights, pollution, indigenous rights, and self-determination-are played out in villages and remote areas around the world. In Javatrekker: Dispatches from the World of Fair Trade Coffee, a unique hybrid of Fair Trade business, adventure travel, and cultural anthropology, author Dean Cycon brings readers face-to-face with the real people who make our morning coffee ritual possible.

The Art and Craft of Coffee: An Enthusiast?s Guide to Selecting, Roasting, and Brewing Exquisite Coffee

Another great book on how to get a better cup of coffee. Well written and has great images too.

While there is a plethora of books on the history and economy of coffee, there are surprisingly few about enjoying coffee. With 200 color photos and friendly text, this highly readable and accessible coffee guide is divided into two sections, covering the beans and the brew. In addition to providing a general knowledge of coffee, Sinnott (curator, www.coffeecompanion.com) strives to give readers tools to prepare world-class coffee at home. Along with selecting, roasting, grinding, and brewing coffee, he discusses serving coffee-correct temperatures, using sugar and milk, and the equipment needed. Troubleshooting tips, charts, step-by-step instructions, and a variety of recipes add to the book?s usefulness and value.

The Coffee Companion: A Connoisseur?s Guide

If you want to learn more about the different types of coffee, different brewing methods, etc ? this book is for you.

With a Starbucks on nearly every corner and a Mr. Coffee in nearly every home, it is an understatement to say that coffee is a well-rooted part of American cuisine. And while 400 billion cups of coffee are consumed each year worldwide, it might seem that coffee consumption would be at a plateau, but its desirability is at an all-time high. In The Coffee Companion, coffee lovers will find a thoroughly spectacular guide to help them continue their coffee consumption, with only the best coffees of the world. This richly illustrated guide describes and rates more than 150 coffees from around the world, including tips on roasting, grinding, and blending beans to create the perfect brew. For the true connoisseur, there?s also an in-depth coverage of estate coffees plus expert guidance on tasting coffee properly. Top it off with a delectable collection of recipes for classic coffee drinks. Not just an indispensable book for coffee lovers everywhere, The Coffee Companion is a visual hymn to all (the best) things coffee.

The Coffee Shop Chronicles of New Orleans, Part 1

The story is alright, but my favorite part is descriptions of the coffee shops. I felt like I knew half of the coffee shops in New Orleans before I even stepped foot in the door.

The agnostic, ten-years-sober son of a Baptist minister, B. Sammy Singleton has an opinion about everything. He also has a guidebook on New Orleans coffee shops to write. But when his best friend Catfish-reluctant heir to the Beaucoeur sugarcane fortune-is arrested for ?grave robbing? and then goes missing, events spin out of control. The outcome is a personal journey into a past Sammy thought he had laid to rest, an excavation of buried truths about himself and about what the tragedy-bound Catfish calls the American Holocaust. Set in the French Quarter and Faubourgs Marigny and Trem?, The Coffee Shop Chronicles of New Orleans ? Part 1 smoothly blends satire, mystery, and historical fiction. The book ?reviews? and is often narrated from local coffee shops including CC?s, PJ?s, Rue de la Course, Caf? du Monde, Caf? Rose Nicaud, and Envie, while exploring such themes as the ?sacrament? of coffee drinking, living sober, New Orleans? civil rights history, and the legacy of slavery and Jim Crow in America. According to Swampland.com: Cultures of the South: ?Lummis? tender and affectionate descriptions of New Orleans, his ?Paris of the South,? evoke Pat Conroy?s lush and loving portrayal of coastal South Carolina. Just as Conroy?s South of Broad is a paean to Charleston, so is Lummis? Chronicles a love song to New Orleans. Alternately funny, painful, entertaining, and always unflinchingly honest, The Coffee Shop Chronicles of New Orleans is a must read.?

The Coffee Trader: A Novel

I?m currently reading this novel and can?t put it down. It?s probably one of my favorite works of fiction set around coffee.

Amsterdam, 1659: On the world?s first commodities exchange, fortunes are won and lost in an instant. Miguel Lienzo, a sharp-witted trader in the city?s close-knit community of Portuguese Jews, knows this only too well. Once among the city?s most envied merchants, Miguel has suddenly lost everything. Now, impoverished and humiliated, living in his younger brother?s canal-flooded basement, Miguel must find a way to restore his wealth and reputation.

Miguel enters into a partnership with a seductive Dutchwoman who offers him one last chance at success?a daring plot to corner the market of an astonishing new commodity called ?coffee.? To succeed, Miguel must risk everything he values and face a powerful enemy who will stop at nothing to see him ruined. Miguel will learn that among Amsterdam?s ruthless businessmen, betrayal lurks everywhere, and even friends hide secret agendas.

The Perfect Cup: A Coffee Lover?s Guide To Buying, Brewing, And Tasting

So you want to make a better cup of coffee every morning? I have a book you might want to check out!

For coffee lovers everywhere, The Perfect Cup is the one book you?ll need to appreciate coffee and it s growing status as a gourmet beverage. Coffee expert Timothy Castle chronicles the coffee revolution in America and offers state-of-the-art information on everything from the bean itself to brewing and appreciating the perfect cup. Do different brewing methods produce different-tasting coffees? What is the most common mistake people make at home with coffee? Is there reason to be concerned about ?chemical? decaffeinating processes? These and many other questions are answered in this book. In a section entitled ?How to Buy Coffee and Whom to Buy It From,? Castle includes interviews with more than thirty of America?s foremost coffee retailers and roasters. He also provides an overview of the regions of the world where coffee is commonly grown, and offers more than two dozen unusual recipes featuring coffee in sauces, marinades, main courses, and desserts, such as Grilled Coffee?Marinated Lamb Chops, Cappuccino Muffins, and Chocolate Espresso Souffle.

Uncommon Grounds: The History of Coffee and How It Transformed Our World

My favorite book that covers the history of coffee. This book is loaded with information, but still easy to read.

Since its discovery in an Ethiopian rainforest centuries ago, coffee has brewed up a rich and troubled history, according to Uncommon Grounds, a sweeping book by business writer Mark Pendergrast. Over the years, the beverage has fomented revolution, spurred deforestation, enriched a few while impoverishing the many, and addicted millions with its psychoactive caffeine. Coffee is now the world?s second most valuable legal commodity, behind oil, according to Pendergrast, who is also author of For God, Country, and Coca-Cola.

What books would you add to the list? I?m always looking for new books to read, especially any fiction ones out there.

Required Reading: 13 Coffee Books is a post from: Daily Shot Of Coffee


Source: Daily Shot Of Coffee


Source: http://middleagedcrazy.com/required-reading-13-coffee-books/

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