Category: News

  • Ten Ways to Avoid the Americanization of International Arbitration

    by Roger Alford

    The ABA Journal has an interesting article on the Americanization of international arbitration. There’s nothing particularly new to our readers in this article. It’s a theme that my friend and colleague Tom Stipanowich has written about extensively.. But the fact that the story is being told in the largest legal publication in the United States is significant. The focus of the story is on transplanting American practices to the international arbitration arena, almost at the request of American counsel or arbitrators. Here’s a few choice quotes:

    “If arbitration is to commit suicide, it will do so of its own choosing, because the parties have chosen to make it more expensive, time-consuming and more like litigation,” said Joe Profaizer of Paul, Hastings.

    “The proliferation of electronically stored information is a major cost driver in U.S. litigation, and it’s becoming a major cost driver in international arbitration,” said Christopher Larus of Robins, Kaplan, Miller & Ciresi. “As more and more companies have to delve into their electronic records, it’s becoming more and more expensive.”

    “The U.S. must recognize that international arbitration is international. The system must accommodate a wide variety of traditions and practices. It can’t just accommodate the American model, or people will stop using it,” says Glenn Hendrix of Arnall Golden Gregory.

    So if the parties are so concerned about the Americanization of international arbitration, why don’t they fix it? That might mean (1) embracing mediation; (2) avoiding U.S. arbitrators; (3) avoiding U.S. counsel; (4) building in pre-dispute discovery limits into the contract; (5) vesting the arbitrators with greater discretion to limit discovery; (6) imposing more serious deadlines for the different stages of arbitration; (7) adopting expedited arbitration rules; (8) embracing advanced technologies for e-discovery; (9) selecting arbitrators who are particularly adept at case management; and (10) establishing more creative fee structures for resolving disputes.

    These are just a few ways that one could avoid the increased costs and delays of international arbitration. I doubt that such concerns are paramount when a billion dollars is in dispute. I don’t accept the premise that the Americanization of international arbitration is always a bad thing. But for many disputes where cost and delay are significant priorities, there are ways to avoid the Americanization of international arbitration.

  • Food Network bringing better grub to nation’s ballparks, airports

    Food-network

    There’s nothing wrong with peanuts and Cracker Jacks, but how about something a little different at the ballpark? Your choices, in that case, would be nachos or pretzels, both swimming in that gummy "cheese." The Food Network has heard the call for more elegant eats at stadiums and airports and has struck a multiyear deal with hospitality/food service provider Delaware North Companies to create menu, restaurant and retail concepts at places like the New Meadowlands in New Jersey, Los Angeles International Airport, the Kennedy Space Center, Yosemite National Park and the Busch Stadium in St. Louis. Hotshot chefs who’ve become famous on the Food Network have already cracked the entertainment venue market as restauranteurs, but this deal is for the flagship brand, which gives it even broader exposure to diverse crowds. Expect to see its dishes popping up at Major League Baseball games this season. Seventh-inning stretch flambe! The two companies are already partnering on an Asian restaurant chain called Skewers, with Iron Chef Masaharu Morimoto, set to launch in 20 major U.S. airports. Not sure what that’ll do to the traffic at Chick-fil-A, but maybe there’s room for both?

    —Posted by T.L. Stanley

  • Rahm Emanuel Slipped Up: Did Not Mean To Disclose Mayoral Ambitions

    WASHINGTON — Chicago political tea readers were pondering on Tuesday what was behind the timing of White House chief of staff Rahm Emanuel’s admission to PBS’ Charlie Rose that he wants to run for mayor of Chicago when Mayor Daley quits.

    After all, Emanuel tried mightily in January to douse chatter about his mayoral ambitions when such talk first surfaced. The staunch Daley loyalist said then he hoped Daley would run for another term in February 2011.

    Back then, there were no on-the-record quotes from Emanuel about his interest.

    Why, then, did he open up when Rose asked him Monday afternoon: “Is there any other job in government you’d like to have?”

    Emanuel responded, “One day I would like to run for mayor of the city of Chicago.”

    Emanuel told me Tuesday night he never intended to go as far as he did with Rose. The question came up at the end of a wide ranging interview. The usually disciplined Emanuel says he slipped up.

    Earlier in the day, Rep. Luis Gutierrez, who is at odds with Emanuel over the slow pace of comprehensive immigration reform in the Obama White House, told me, “I am sure every word that he spoke was not some sort of off-the-cuff remark but calculated to achieve some political goal.

    “When I see Rahm Emanuel, [from now on] I don’t know if I am talking to the president’s chief of staff and if that is his chief priority, or if I am talking to a future candidate for the mayor of the city of Chicago,” Gutierrez said.

    FOOTNOTE: Emanuel never liquidated his political war chest when he joined the White House; as of April 15, he had $1,175,109.76 cash on hand that could be transferred to a mayoral campaign.

  • Least Common Complaints About the New iPad, By the The New Yorker [Ipad]

    “Insufficient media coverage…Upscaling makes porn unexpectedly upsetting…When used as murder weapon, oleophobic coating does not completely eliminate incriminating fingerprints.” Read additional less common—but completely valid—iPad complaints from The New Yorker here: [The New Yorker] More »







  • Zipcar Snaps Up UK Car-sharing Network Streetcar

    Zipcar has bought London-based car-sharing firm Streetcar in its latest bid to expand across Europe, the companies announced this morning. The acquisition, valued at about $50 million, expands the size of Zipcar’s UK fleet more than fourfold, to 1,770 vehicles.

    Zipcar CEO Scott Griffith called the deal — which comes on the heels of an investment in Spanish car-sharing startup Avancar — a key step toward making the company a “truly global” car-sharing network, which rents vehicles by the hour or day.

    Streetcar, founded in 2004, has vehicles in 1,100 locations in eight cities. Zipcar and Streetcar combined have about 400,000 members, up from Zipcar’s base of 360,000 drivers.

    In addition to expanding Zipcar’s footprint, acquiring Streetcar comes with an opportunity to also make that footprint a little greener. Griffith said in a call this morning that the company’s “been testing” the plug-in electric vehicles in Streetcar’s fleet.

    Already, Griffith said hybrid vehicles (primarily the Toyota Prius) typically make up 10-15 percent of Zipcar’s fleet. And in July 2009, Zipcar announced the launch of what it calls its first EV Pod, starting with a fleet of 20 hybrids and two plug-ins (an all-electric Citroen c1 and a plug-in hybrid Prius) in London, with plans to grow the EV Pod to some 400 vehicles by 2012, with 30 percent of them being hybrid.

    But don’t expect Zipcar to switch the bulk of the fleet over to plug-ins anytime soon. Griffith has told us that more vehicle software and data (among other things) will be needed in order to get there. “We don’t want to put new barriers up at a time when car sharing is really moving into the mainstream,” and all-electric vehicles are still pretty foreign to most drivers, he said in an interview last year.

    Today’s acquisition comes more than two years after Zipcar absorbed its largest competitor: Seattle-based Flexcar, owned by AOL Co-founder Steve Case. The merger resulted in a company with 180,000 subscribers and more than 5,000 vehicles in 48 cities.

    At 10 years old, Zipcar has discussed plans to seek an initial public offering since at least last year, and Griffith said today that equity in Zipcar made up the “primary consideration” in the  $50 million deal with Streetcar. Last summer, while Zipcar said it had “no immediate plans to go public,” it was reported to be targeting an IPO for 2010.

    Photo courtesy of Zipcar

    Related GigaOM Pro articles (subscription required):

    Mobility on Demand Takes Aim at Transit Networks’ “Last Mile”

    Location-Based Services: From Mobile to Mobility

    Electric Vehicles Give “Mobility as a Service” a Jumpstart

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  • AUTO RACING MUST BE OUTLAWED! (Jan, 1959)

    AUTO RACING MUST BE OUTLAWED!

    BY SENATOR RICHARD L. NEUBERGER
    with Lester David

    IT happened recently in my home State of Oregon: A car driven by a young automobile race driver hurtled out of control at Portland Speedway and crashed into a retaining wall. Don Porter, father of four small children and himself only 31, died violently.

    Six weeks earlier at the Indianapolis Speedway, a car went out of control and immediately caused a dozen others to pile up. Headlong into the traffic jam rushed Pat O’Connor of Indiana. Unable to stop, he plowed into the rear of a car and flipped over. Young O’Connor’s car burst into flames and he perished in the wreckage.

    And two days after this, a Porsche-Carrera driven by Hodge Bruch turned over three times during a race at Bridgehampton, N. Y. Bruch, father of three, died on the way to a hospital.

    Some people call this sport. I call it wanton, tragically unnecessary bloodshed. Some call it healthy, exhilarating competition. I call it shameful and uncivilized.

    The three deaths I have described are only the latest in a long, macabre list which stretches back over the years almost to the very start of automobile racing. Every step of the way, car racing has been accompanied by massacre. Tracks all over the country have counted—are still counting!—their dead. I believe the time has come for the United States to become a civilized nation and to stop this carnage which has persisted too long. I believe full study should be given to outlawing automobile racing, once and for all, by legislation effective in all 49 states.

    There are a number of reasons why I am convinced this must be done.

    In the first place, the exhibitions are degrading to the human spirit. I do not pose as a psychologist, but is there any serious doubt that the majority of persons who throng to these proceedings are there because of the extreme hazard to the drivers? For every spectator who really understands and loves automobiles, there are a hundred who come be- cause men are in constant peril of being killed or mangled.

    And this, to me, is pathetic. It is a lowering of the essential dignity of man. It approaches dangerously close to the raw crowd lust of the Roman “circuses” where the populace jammed the arenas to watch gladiators battle to the death.

    We toss critical barbs at the Spaniards because of their bull-fighting. We roll our eyes heavenward and shudder at the goriness of this national sport. And yet how many bull fights are as bloody as the race not long ago in San Diego, Calif., where a woman driver died hideously and newspaper photographers took pictures of her hand protruding agonizingly from beneath her over-turned racing car I have heard and read many criticisms of some films, TV programs and books because they expose our children to violence. Yet we permit our youngsters to visit automobile race tracks. Is not the impact of a supposedly violent tele- vision show upon an impressionable young mind comparatively mild compared with the effect of a roaring, rendering crash in which racing drivers are slaughtered or maimed?

    My second reason for urging abolition of automobile racing deals with the danger to the lives of the participants.

    Does it make any sense to permit continuation of a sporting activity when the death of a driver or two in a major race is considered normal? In a recent discussion of the subject in Harper’s Magazine, Prof. Laurence Lafore of Swarthmore and Robert W. Lafore quoted a peril exists for drivers of cars who roar around tracks at great speeds and jockey wildly for positions. Anything can happen as tires and brakes, vital to safety, take gruelling punishment. If it doesn’t happen, Providence alone can be thanked.

    And now we come to still another danger—the risk to the spectator. Fortunately, we have not had any catastrophe in this country similar to the flaming death which snuffed out the lives of 82 persons at the famous 24-hour Le Mans race in 1955—not yet.

    But are we absolutely certain it can’t happen here?

    Professor Lafore of Swarthmore makes this chilling assertion in Harper’s: “The special horror of Le Mans was the product of special circumstances but something like it might happen anywhere.” The italics are mine. Lafore points out: “It is clear that the designers and engineers have created a degree of power and speed which leads by a lap or two the driving ability, safety precautions and organizing power of human skill.”

    I’ll ask this question: In all the auto racing tracks of the country, are the spectators completely and sufficiently safeguarded against disaster such as befell the onlookers at Le Mans that tragic day? Is there no possibility that such a catastrophe could be repeated in one of America’s races?

    The world won’t ever forget what occurred at Le Mans. Approximately 250,000 persons were watching the race. About three hours after the contest began, an Austin-Healey driven by Great Britain’s Lance Macklin swerved to avoid a Jaguar driven by Mike Hawthorn. Coming down fast was Pierre Levegh, driving a Mercedes.

    The Mercedes couldn’t veer or brake in time. It struck the Healey in the rear left corner and took off crazily. It hit an earthen embankment on the side of the track and somersaulted over and over for dozens of yards. The driver was hurled out and instantly killed. As it spun, the car exploded and pieces flew into the crowd like a fragmentation bomb.

    The effect was devastating. About 20 persons were mercilessly decapitated by the flying hood. The engine and front axle hurtled into another section and killed dozens more. Others were burned to death as the car’s flaming body descended on them. The toll: 82 dead, 78 injured. Could it happen here?

    I think that if we cannot answer that question with an unqualified no, we are not justified in permitting the continuance of this sport in our country.

    Why wait until a disaster happens before we clean house? If, through the tragedy that came to another nation, we have been taught a sobering lesson, isn’t it foolhardy not to pay attention?

    There’s a tragic footnote to the Le Mans horror. The French authorities took all sorts of precautions for the following year. With all the precautions, a man was smashed to death and some dozen cars crashed, flipped and skidded. This year’s race was no better. The crackups followed one after the other. One driver hit an embankment head-on. He caromed off as another came up. The driver of the first car was killed.

    I am primarily concerned over the adverse impact of automobile racing on the psychology and attitude of youthful Americans. Racing tends to glamorize speed and dare-deviltry in automobile operation, an attitude completely at odds with efforts to install safe-driving principles in the minds of young drivers. Hundreds of thousands of dollars are spent on safety campaigns. How much of this is dissipated by the adverse psychological impact of auto racing on young minds?

    There is something else about automobile racing which worries me. America is gradually becoming a nation of spectators. I would rather see Americans engage themselves in hiking, golfing, camping and bicycling than watching a handful of men —and even women—risk their lives wheeling racing cars around a track. The President’s Conference on Physical Fitness has demonstrated worry over the health, stamina and athletic prowess of most Americans—and I share this concern.

    However, there are some bright spots in the picture. Already the most hazardous of all types of racing, the “open road” kind, has been practically abandoned in this country. These, as the name implies, are held over public highways, with spectators lining the roadsides as the cars zoom by.

    If we need any evidence that we’ve done the right thing by abandoning open road racing here, all we have to do is look toward Europe. It was just a year ago last May that Marquis Alfonso de Portago was streaking along during the Mille Miglia when either a tire blew or an axle broke. His car, a Ferrari, swerved, uprooted a milestone and crashed into a telephone pole.

    An instant later, de Portago and his co-driver were dead. But the horror was far worse. The car had smashed into the dense crowds that lined the road and killed 13 spectators, some of them small children.

    If this isn’t enough to convince us we’ve done right, then all we need do is look toward Cuba. Last March, during the 315-mile Gran Primo de Cuba race, a young driver took a shallow turn, skidded and ran into a crowd. In a moment, seven were dead and 31 injured.

    There is another bright spot in the American auto racing picture. In 1957, the Automobile Manufacturers Association recommended that its member companies (General Motors, Ford, Chrysler, Studebaker-Packard and American Motors) cease all participation in car racing. The AMA directors, meeting in Detroit, recommended in a resolution that the companies no longer enter cars in the various competitions held throughout the country, including stock car racing.

    And this brings up one final point.

    Promoters of auto races say that these contests are essential to the technical development of various advances in car construction. They assert it’s necessary to run racing cars at great speeds in order to test new devices and gadgets for general use in passenger vehicles.

    I challenge this ridiculous claim.

    Even if this should be true, isn’t it perfectly obvious that the necessary high speeds can be achieved without running 20 or 30 cars simultaneously around a narrow track before huge audiences of spectators?

    If high speed is the main thing, why not run each car against the clock, but alone on the track? In this way, the high speeds allegedly so vital to technical improvements in vehicles would be achieved and 90 per cent of the hazard would be elimi-


  • The Value of Urban Parks


    The U.S. House Urban Caucus’ Urban Parks Taskforce organized a briefing on urban parks and their role in creating green spaces which can revitalize neighborhoods, improve health, and create jobs. Parks also play a major role in fighting childhood obesity, providing safe and healthy places to play. Caucus members heard from Joe Hughes, Professor, Georgia Institute of Technology; Susan Wachter, Professor of Financial Management, Wharton School of Business, University of Pennsylvania; Eddie George, former NFL player and landscape architect; and Salin Geevarghese, Senior Advisor, Office of Sustainable Housing & Communities, U.S. Department of Housing and Urban Development (HUD). The National Recreation and Parks Association (NRPA) and ASLA played key roles in putting the panel together.

    Introducing the briefing, Representative Chaka Fattah, Democrat from Philadelphia, who is chair of the caucus, said a new consensus is forming among the administration and legislative branch: urban parks can’t be separated from broader urban revitalization efforts.

    Representative Albio Sires, Democrat from New Jersey, sponsor of the Urban Revitalization and Livable Communities Act (HR 3734), which now has 114 House co-sponsors, said when he arrived from Cuba in his youth, local parks were his refuge. In his community, parks provide a crucial space for working class families and a foundation for ”important social structures.”

    Sires said parks need both to enable both ”passive” activities (sun-bathing, dog walking, or sitting and reading the newspaper) and “active” activities (frisbee-throwing, jogging, touch football). “What’s active, what’s passive — we need to plan these out and integrate into park design.” In addition to the health benefits, he argued that parks are crucial to economic revitalization. ”If you fix up a park, you’ll see the houses nearby get fixed up. Businesses come back.”  

    However, Sires said small city mayors still need to continually hunt for funds wherever they can get them, “pulling a little from here and a little from there,” to get their local park projects off the ground. To increase the federal funds that can be used for park investment, he led the development of the Urban Revitalization and Livable Communities Act.

    The panelists made arguments for increasing investment in urban parks:

    Joe Hughes, Professor, Georgia Institute of Technology: After studying the role parks can play in resolving the real estate crisis, Hughes found that under-performing commercial real estate in urban areas could be transformed into urban parks. Vacant properties, if turned into parks, become productive assets, instead of economic drains on local communities. “Parks play a role in market restoration, value creation, job creation, green space development, and neighborhood stabilization.”

    In the case of Atlanta, which has had a high rate of bank failures, a five billion investment in transforming underperforming real estate into urban parks could create 100,000 new jobs. Additionally, the plan could yield higher property values (and, therefore, higher tax revenue). To make his case, Hughes pointed to a study that shows homes less than 1,000 feet from a park are worth 11 percent more than other homes. “Parks are critical drivers of economic development. We should be thinking at a big scale about how to transform our urban core.”

    Susan Wachter, Professor of Financial Management, Wharton School of Business, University of Pennsylvania: “Parks help create communities of lasting value,” which Wachter says is the true measure of neighborhood sustainability. “Parks bring nature to the city, create safe spaces, enable social interaction, sequester carbon.” Most importantly, Wachter added, parks can create environmentally and economically resilient communities.

    She cited a “before and after event” study done in Philadelphia that isolated the effects of investments in various forms of green infrastructure. The return on investment (ROI) was high for homes near the improvements. Planting trees raised nearby property’s value by 10 percent. Improved streetscapes yielded up to 28 percent gains. While residing next to a vacant lot dropped property values by 20 percent, stabilizing the empty lot led to a 17 percent increase. Being located within a business improvement district (BID) improved property values by 30 percent. “Planting trees alone can help create a virtous cycle of reinvestment.”

    Eddie George, former NFL player and landscape architect: “I am all about healthy people and healthy spaces.” George said parks are linked to economic development, combat the urban heat island effect, and provide critical stormwater management services. In Columbus, Ohio, George’s firm is revitalizing the downtown, pulling down a vacant 9-acre shopping mall. “The City Center Mall outlived its usefulness. It was designed as a fortress and cut off connectivity. The demise of the mall led to increased disinvestment in the area.”

    The new 9-acre park George is designing in the mall’s place, Columbus Commons, will tranform the space into a sort of Millennium Park for the city. The park, which will open in 2011, will offer mixed-use spaces and ground-level retail. There will be green roofs on parking garages.

    George argued that maintaining parks will cost local governments. “Many cities can’t afford this, but we need to invest.”

    Salin Geevarghese, Senior Advisor, Office of Sustainable Housing & Communities, U.S. Department of Housing and Urban Development (HUD): Geevarghese said the issues were all interconnected. “People don’t see these things as separate and don’t live these things separately.” As a result, EPA, HUD, and the Department of Transportation forged a partnership on sustainable communities (see earlier post) to deal with the cross-cutting issues related to transportation, green space, and housing. 

    Echoing arguments made by Ron Sims, Deputy Secretary of HUD (see earlier post), Geevarghese said where you live, “your zip code,” can predict how healthy you are, how educated you are. “How can we disentangle that?” He thinks that community ownership is intimately linked with community safety, and that requires investment in community infrastructure, including parks.

    Also, Geevarghese thinks the concept of green jobs need to be reformulated to include parks and recreation, or “conservation,” jobs. 

    The panelists agreed on a range of other points:

    • The federal government should be involved in local urban parks because urban parks are just another form of infrastructure. Historically, the federal government has invested in infrastructure to get the country out of severe economic downturns.
    • Green infrastructure is not just about environmental sustainability, but also about creating communities of value, and reversing disinvestment in urban cores.
    • The private sector needs to be more involved in urban park financing and development.
    • Non-profits also need to be at the table. Representative Chaka Fattah said that foundations have played a “energizing role” in revitalizing parts of Philadelphia.
    • At the regional and even local levels, the transaction costs involved in getting everyone to the table are high.
    • Local leaders need to understand that parks have economic benefits. George said “it’s not just about spending more money. Park projects are investment.”

    Learn more about the legislation

    Image credit: Columbus Commons / Eddie George, EDGE

  • Ecos “Fun!” Electric “Jeep” Has 100 Mile Range, Reasonable Price

    If you’ve been reading Gas 2.0 for awhile now, you probably know I am a big Jeep fan. I like my Wrangler for its versatility and reliability. It is also a great conversation starter, because it seems like every other vehicle I see is a Wrangler (what else might you expect from a farm town). My Wrangler gets terrible gas mileage though, and I have secretly longed for a diesel engine or even an electric motor.

    The Ecos Fun! is not a Wrangler. Nor does it appear very versatile, seeming more like a glorified golf kart. But Ecos claims the Fun! has a 100 mile range and a top speed of 70 mph, all starting at $24,995 — very reasonable if you ask me. And it sorta looks like a Jeep.

    (more…)

  • Restoring Mughal Landscapes


    The Dumbarton Oaks Garden and Landscape Studies Program, which is affiliated with Harvard University, organized a lecture on the restoration of two of the most important Mughal empire landscapes — Humayun’s Tomb in New Delhi, and the Bagh-e Babur in Kabul, both UNESCO World Heritage sites. The Aga Khan Trust for Culture, an Islamic philanthropy, has spent the last few years undoing the damage caused by colonization and, more recently, urbanization. Natish Nanda, an Indian architect, who organized the restoration work, said the threats to cultural heritage are real. “Right now, no historically relevant Mughal Garden exists in Pakistan today.” Restoring Mughal landscapes means creating a plan for sustainability and addressing the economic and social factors that support cultural landscapes.

    Aga Khan’s Cultural Trust believes gardens are a part of modern life, and need to better integrated into contemporary society. In India, Mali, Egypt, Pakistan, Afghanistan, there are key examples of Mughal garden art that need to be preserved. One park that was recently restored in Egypt now “brings more visitors than the Great Pyramids.”

    Mughal landscapes originated in Persepolis, Iran, in 7BC. Inspired by Koranic descriptions of paradise, the gardens attempted to offer visual representations of heaven.

    Humayun’s Tomb, New Delhi: The tomb of Humayun, one of the Mughal emperors, predates the Taj Mahal by two centuries. This site in New Delhi is one of the densest set of Muslim buildings in the world. During the era when the tomb was built, it was auspicious to be buried near saints. Given a Sufi saint is buried in the area, Humayun decided to create his tomb there as well.

    The site is imbued with colonial history. After the failed Indian Uprising in the mid 180o’s, the last Mughal emperor and his sons fled to Humayun’s Tomb. Once the British had put down the uprising, which Indians view as the first critical step in the independence movement, they executed the emperor’s sons and exiled him to Rangoon, Burma.

    With British coming over to view the site of Mughal’s final defeat, the local colonial administration decided to turn Humayun’s Tomb into a tourist site. To demonstrate their mastery over the Mughals, the British intervened in the landscape design, replacing the Islamic landscape design with English country gardens. Since then, there have been four efforts to restore the gardens to their original Mughal design, yet each successive effort ended up doing more damage by moving water channels and altering the original design.

    In 1999, Aga Khan’s philanthropy completed an MOU with the Indian government to restore the site to its original design. Nanda said the site “had been beautified, but not restored.” Excavating the site, the trust found the early fountains. They recreated almost 180 groundwater recharge pits, dug out wells, and restored the rainwater system. Lemon, lime, and hibiscus plants were brought back. All sandstone used was hand-chiseled.

    Bagh-e Babur, Kabul: In Kabul, the tomb of the Babur, the original emperor of the Mughal empire, was created in 1508. It’s been the site of numerous battles in contemporary Afghan history. Nanda said when he first visited the site in a few years ago, he was dismayed at the degradation of the place Babur wished to be buried. Recently, the garden had been the site of a battle between two warlords. “It looked like a madman has shot bullets into every wall and every tree.”

    Restoring the tomb and gardens created opportunities for employment. “The great thing about conservation work is that it involves lots of jobs.” They first rebuilt the walls surrounding the site — this involved creating almost a mile of mud walls by hand.

    The gardens were then restored to their original design. Nanda said this is “cutting-edge restoration,” and won the approval of UNESCO. While the restoration doesn’t represent the original tomb and garden, “it represents the original intent.”

    Like other orchards in the region, the garden is broken into a grid and features zones with different types of fruit plants — cherries, apricots and quinces now grow in the gardens, drawing some 15-20 thousand people for picnics each Friday.

    Nanda said the restoration work on both sites is incomplete. Aga Khan believes the sites need to be integrated into the communities through education, training and job programs, so they can stand on their own and survive long-term. There are plans to make Humayun’s Tomb in New Delhi accessible to more New Delhi residents, particularly students. The Bagh-e Babur now has events spaces and a pool nearby that earn revenue to pay for the garden’s upkeep. Every business associated with the gardens must be included in economic sustainabilty plans if the restoration is to take hold, Nanda argues.

    Additionally, plans are underway to turn a New Delhi British tree nursery into a national, 70-acre publicly-accessible arboretum. “Right now, it’s still a government tree nursery, and there’s no public access.” The goal is to turn it into an educational park. A landscape master planning process underway will restore the original New Delhi habitat.

    Read more about Humayun’s Tomb and Bagh-e Babur.

    Image credit: Mitesh Vasa Blog

  • Book: The Great Global Warming Blunder: How Mother Nature Fooled the World’s Top Climate Scientists by Dr. Roy Spencer

    Article Tags: Book, Roy Spencer

    Image AttachmentToday (April 20) is the official release date of my new book entitled: [Amazon Link] “The Great Global Warming Blunder: How Mother Nature Fooled the World’s Top Climate Scientists“, published by Encounter Books.

    About one-half of Blunder is a non-technical description of our new peer reviewed and soon-to-be-published research which supports the opinion that a majority of Americans already hold: that warming in recent decades is mostly due to a natural cycle in the climate system — not to an increase in atmospheric carbon dioxide from fossil fuel burning.

    Believe it or not, this potential natural explanation for recent warming has never been seriously researched by climate scientists. The main reason they have ignored this possibility is that they cannot think of what might have caused it.

    You see, climate researchers are rather myopic. They think that the only way for global-average temperatures to change is for the climate system to be forced ‘externally’…by a change in the output of the sun, or by a large volcanic eruption. These are events which occur external to the normal, internal operation of the climate system.

    Source: drroyspencer.com

    Read in full with comments »   


  • How to Win Friends and Influence Monkeys | Discoblog

    monkeys-278x225We’ve all seen this scene being played out in the local park: When a guy walks a cute dog, people don’t hesitate to approach him to strike up a conversation about schnauzer breeds. Or there’s the guy-with-a-baby scenario, in which the baby-hauling dad is perceived as friendly and non-threatening (not to mention irresistible to some women).

    Now, new research from France suggests that male Barbary macaques may be onto the same “baby effect” strategy. The study found that male macaques with an infant were more likely to make male monkey buddies, as the presence of a tiny, defenseless baby immediately breaks down barriers.

    The study, which is due to be published in the journal Animal Behavior, is also the first to demonstrate that infants can serve as social tools for some primates, writes Discovery News.

    Study coauthor Julia Fischer told Discovery News that when a male Barbary macaque comes across another male with a baby, it sets off a “bizarre ritual.”

    Fischer said the males “sit together, embrace each other, then they hold up the infant and nuzzle it. Their teeth chatter and lip smack while making low frequency grumbling noises.”

    The researchers found that the monkeys with babies not only attracted other males for this ritual, they also ended up with quite a few pals this way–which had benefits for these monkeys’ social status. Discovery News writes:

    Males who worked their networks in such a way tended to rise up the monkey social ladder. For example, one male rose from fifth to second place after acquiring “the highest number of male partners.”

    What if a social-climbing monkey doesn’t have his own kid? No problem. The study showed that monkeys sometimes borrow babies, and proceed to use the infants as friend magnets. But it’s not all fun and games for the bambino-carrying monkeys. The researchers found that, much like human males, the male monkeys got stressed out when the kids started bawling.

    Related Content:
    80beats: Maternal Monkey Love: Macaque Moms Coo Over Their Babies
    80beats: Monkey See, Monkey Do: How to Make Monkey Friends
    80beats: Do Tricky Monkeys Lie to Their Companions to Snag More Bananas?
    80beats: When Baby Monkeys Throw Public Temper Tantrums, Moms Often Give In
    80beats: Female Monkeys Chat More Than Males to Maintain Social Ties

    Image: Andreas Ploss


  • Courtney Love “Sick” Of Talking About Kurt Cobain!

    Just in case you didn’t get the memo, The Artist Formerly Known As Courtney Love is “sick” of talking about her dead husband Kurt Cobain.

    Love — who now wishes to be called Courtney Michelle — married the Nirvana frontman in 1992 and later gave birth to their daughter Frances Bean, now 17. Depressed and addicted to heroin, Cobain committed suicide just two years later, leaving Frances fatherless and Courtney devastated. Nonetheless, the troubled Hole star has always spoken fondly of their brief marriage, but after 16 years — Courtney says she’s simply tired of answering questions about the Grunge God.

    Courtney told UK music magazine NME this week: “I am not his spokesperson on Earth. I don’t know what he’d be like now, he could be into society girls, he could be into fat girls, he could be homosexual. We don’t know, he died at 27.”


  • Supreme Court rules legal error no defense against fair debt collection violation

    [JURIST] The US Supreme Court on Wednesday ruled 7-2 in Jerman v. Carlisle that a debt collector’s legal error does not qualify for the bona fide error defense under the Fair Debt Collection Practices Act (FDCPA). The US Court of Appeals for the Sixth Circuit ruled that although the defendants violated the FDCPA by giving erroneous legal advice, they qualified for the FDCPA bona fide error defense. In reversing the decision below, Justice Sonia Sotomayor wrote for the court:
    The Fair Debt Collection Practices Act (FDCPA or Act) imposes civil liability on “debt collector” for certain prohibited debt collection practices. Section 813(c) of the Act provides that a debt collector is not liable in an action brought under the Act if she can show “the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.” This case presents the question whether the “bona fide error” defense in &setc; 1692k(c) applies to a violation resulting from a debt collector’s mistaken interpretation of the legal requirements of the FDCPA. We conclude it does not.Justice Antonin Scalia filed a concurring opinion. Justice Anthony Kennedy filed a dissenting opinion, joined by Justice Samuel Alito.Petitioner Karen Jerman filed an action challenging the debt collection practices of the Carlisle law firm, claiming that they violated the FDCPA when they used allegedly deceptive forms to notify her of a foreclosure on her home. Specifically, Jerman claims that defendants violated the FDCPA by representing to Jerman that her debt would be assumed valid unless she disputed the debt “in writing” even though the FDCPA does not require a written dispute.

  • A new Chrysler needs a new logo, no?

    Filed under: , ,

    Chrysler logos, past and present. Can we do better? – Click above for image gallery

    What image enters your mind when you think about Chrysler? For us, it’s the Pentastar logo. Perhaps that’s because many of us Autobloggers are children of the ’80s when the iconic five-pointed logo was unabashedly emblazoned on everything from minivans to Lasers to New Yorkers.

    More recently, Chrysler has abandoned the Pentastar brand in favor of a couple of winged logos and a version of the brand’s old golden-hued wax seal. These logos are much more modern than the Pentastar, but none of them are as memorable or anywhere close to being as well established as the admittedly dated Pentastar.

    With a bankruptcy and new savior in the form of Italy’s Fiat still fresh in our memories, perhaps now would be a good time to rethink Chrysler’s brand positioning and corporate marketing materials. In fact, the automaker has already done just that, revealing the latest version of its winged logo late last year.

    But is Chrysler going down the right path with its latest reinvention? Our colleagues at AOL Autos wondered if the brand might be able to do a bit better. To find out, AOL Autos commissioned three design firms to redesign the storied automaker’s brand, and the results are as interesting as they are diverse. See for yourself in the image gallery below and be sure to check out the full article with background information and more images. So… got a favorite?

    [Source: AOL Autos]

    A new Chrysler needs a new logo, no? originally appeared on Autoblog on Wed, 21 Apr 2010 10:27:00 EST. Please see our terms for use of feeds.

    Read | Permalink | Email this | Comments

  • The playroom: Dinosaurs on the rampage

    steadman

    I have read, many times, that families should eat together. Lots of sociologists, psychologists, behaviorologists, lots of “ologists,” with published books and columns and radio talk shows, say so. I can only conclude that none them ever had children.

    When it comes to "ologists,” I like paleontologists. They like to be outside, they like to dig in the dirt and they don’t make me feel as though I missed some well-attended parenting lecture last month.

    Despite that lapse, I do know some things. I know that family dinners are overrated, and I know dinosaurs.

    We have 37 plastic dinosaurs, 19 dinosaur magnets, three automated dinosaurs, two remote-controlled dinosaurs, an extensive dinosaur library of children’s books (including dinosaur board books for toddlers), one dinosaur sleeping bag, dinosaur T-shirts, DVDs, puzzles, three sets of dinosaur pajamas, a deck of dinosaur flash cards and a T-Rex plushy. We also eat a lot of dinosaur-shaped chicken nuggets.

    I put four nuggets each on three plates and a bottle of ketchup on the dining room table. I walk back into the kitchen wondering if they can do it. Can they eat a meal, a single meal, without fighting?

    At the point when my youngest is screeching like a Pterodactyl because her brother is on top of the table trying to take the last Stegosaurus nugget from her, and the dog is lapping up the spilled milk, and my oldest is screaming at her brother not to hit the 2-year old, I intervene.

    “Okay, everybody freeze," I say. “William, get off the table. Sarah, calm down. Emma, give me the nugget.”

    My voice gets even louder: “Sit down. Everybody. Now!”

    I pause. I look each one of them directly in the eyes. But for the sound of milk dripping on the floor, all is silent. It’s my move. I have no idea how to handle this. I’m not sure what to do. So I go back to the paleontologists.

    “Okay, Allosaurus vs. T-Rex, who wins?”

    My son pauses, my older daughter reflects. I can still hear the milk drip, drip, dripping as it hits the floor. The 2-year old quiets and furtively glances between her older siblings as she sucks the breaded coating off a Pterodactyl’s head. I can see my son’s mouth begin to slowly form to speak the “All” sound in Allosaurus.

    Still, they pause.

    Then, my son starts screaming “Allosaurus! Allosaurus! Allosaurus!” My older daughter points at him and fires back that no way could an Allosaurus take out a T-Rex because an Allosaurus is at least 25 percent smaller. My daughter declares herself the T-Rex and the winner.

    My son then jumps on the table and tells her he is faster and more ferocious. He throws back his huge head filled with serrated teeth, bars his sharp claws and roars.

    “You sound like a lion not a dinosaur.”

    I declare dinner over, and we all start marching up the stairs impersonating a crazed T-Rex to the theme from Rocky.

    After the two younger children are in bed, my daughter says to me, “You know Mom, there is no way Allosaurus and T-Rex could fight, because Allosaurus lived in the late Jurassic period and T-Rex lived in the Cretaceous period.”

    “I know,” I tell her. “I know dinosaurs.”


    Maraya Steadman, who lives in a Chicago suburb, is a stay-at-home mother of three children. She can be reached at [email protected].


  • Email your Legislators – Today!

    SOS Rally Day is our opportunity to display our collective strength and to voice our concerns about the issues we care about directly to our legislators.  Tell your legislators to support comprehensive tax reform and a revenue increase to support school funding.

  • AVI Biopharma Ousts CEO Les Hudson in Boardroom Coup

    avilogo1
    Luke Timmerman wrote:

    AVI Biopharma CEO Les Hudson has been ousted as part of a boardroom shakeup. The Bothell, WA-based biotech company (NASDAQ: AVII) said today that chief financial officer David Boyle will take his place as interim president and CEO through an agreement with activist shareholders.

    AVI Biopharma director K. Michael Forrest is also stepping down from the board, and being replaced by Anthony Chase. That leaves AVI Biopharma with a seven-member board made up entirely of independent directors. Christopher Henney, the former CEO of Seattle-based Dendreon, and fellow director Michael Casey are not running for re-election at this year’s annual meeting, so two new faces will soon be joining the company’s board.

    The shuffling at the top was part of an agreement with a group of shareholders composed of George Haywood, Cheryl Haywood, Rockall Emerging Markets Master Fund Limited, Meldrum Asset Management, Con Egan, and Conor O’Driscoll, according to an AVI statement. The company didn’t explain why the change was necessary, and only described it in the vaguest of terms. A company spokesman didn’t immediately return an e-mailed request for comment.

    “This agreement reflects the Board and management team’s focus on serving the best interest of all AVI shareholders and building on the strong foundation we have in place,” said Michael Casey, chairman of the AVI board, in a statement.

    AVI Biopharma has a long and somewhat tortured history. As I pointed out in a breaking news story last July, it is one of the oldest companies in biotech, having sputtered around since 1980 without ever developing an FDA-approved drug, burning through more than $250 million in investor cash, and never becoming profitable. But the company showed some new life last year, raising more than $50 million from investors during the year, adding capital from government grants, and moving to the Seattle area to recruit more staff.

    Since Hudson joined in February 2008, he has pushed forward AVI’s technology for precisely blocking specific strands of RNA as a new mode of developing drugs. AVI is using this science to work on experimental treatments for Duchenne muscular dystrophy, and against really dangerous potential bioterrorist agents that conventional drugs can’t stop—Ebola and Marburg virus.

    The company is eagerly awaiting detailed results from an early-stage clinical trial later this year for its Duchenne muscular dystrophy treatment, which I previewed in this feature back in February. But this hasn’t been enough to float the boat for investors. AVI Biopharma stock sold for $1.23 in early trading this morning, down just a penny on the news of Hudson’s departure, and still a far cry from the company’s 52-week high of $2.73.

    UNDERWRITERS AND PARTNERS



























  • Blago to Feds; Man Up!

    4/20/2010.  Chicago, IL.

    Former Illinois Governor Rod Blagojevich’s news conference on Tuesday.

  • Post-consumer rigid plastic recycling increases

    according to update by the American Chemistry Council. …

    … “The report, prepared by Moore Recycling Associates Inc., Sonoma, Calif., found that in 2008, more than 361 million pounds of post-consumer rigid plastics were collected for recycling nationwide, an 11 percent increase from the previous year. The report also found that in North American markets, much of the recycled material was used to make products such as pallets, crates, composite lumber and gardening items. ” …

    Via Recycling Today: Rigid Plastics Recycling