Don't Pan My Book, Buster! NYU Prof and Editor of the European Journal of International Law Accused of Libel for his OK of Uncomplimentary Book Review
Two highly esteemed German Law Professors write book reviews about the same book, authored by a Senior Law Lecturer domiciled in Israel.
ONE of the German profs writes a favorable review, but the OTHER prof pans the book. Ordinarily this is a "ho hum" situation on planet Earth. Your average academic book is read only by specialists in the field and has a small circulation - to our knowledge 250 sold books is already good. Who really cares? But in this case, there is a joker in the deck.
It is time to polish once more that tarnished old saying that "hell hath no fury like a woman scorned...."
At Slaw.ca, Simon Fodden in Libel Accusation from a Book Review outlines the case:
"A professor of law at NYU and the editor-in-chief of the European Journal of International Law, Professor Weiler was summoned to appear in French criminal court to defend himself against a complaint of criminal libel lodged by ... a senior lecturer at the Academic Center of Law & Business in Israel. The basis for her complaint? Professor Weiler approved the publication of a review of her book ... [a review] written by [an esteemed German professor of law], a review with which she disagreed and which [the professor] declined to withdraw upon her complaint to him."Read the full slaw.ca posting here, and take a look at the .pdf of the correspondence regarding this case between the author of the book and editor of the journal which published the book review.
Normally, we would favor the underdog, since we are not great friends of the peer-review "crony system" and because academics in writing reviews can sometimes be scornful pundits - we are not saying that was the case here - but it does happen. In the instant case, the book review in question is not our cup of tea - but, then again - when do we ever agree with the mainstream critics? Books and their reviews are always a matter of opinion - everyone knows that. And we all have a right to our opinon.
However, after reading the statements of the book's author in the .pdf cited above, we are not on the side of the book author at all. Her statements and actions have far more greatly stained her reputation in our eyes than any possible negative statement in a book review.
See in this regard, Opinio Juris, Criminal Libel for Publishing a Critical Book Review? Seriously? by Kevin Jon Heller. We agree.
Our question to close is whether the problem here is the book author's overzeal
or rather an antiquated French legal system which is thus far permitting this circus.
Consider that the case involves:
1) a book published in the Netherlands
2) authored by an Israeli who studied in France (who may be a French national?)
3) a book reviewed by a German national
4) which review was published by an American
5) in a European Journal
6) whose main contact address is in Italy.
Read in this regard Book Reviews, Criminal Libel, and the Jurisdiction of French Courts at ConflictofLaws.net by Gilles Cuniberti.
World Financial Crisis - The Worst is Over Says Blackstone's Schwarzman
World Financial Crisis - The Worst is Over Says Blackstone's Schwarzman
Jason Kelly writes:
"February 26, 2010 from Bloomberg -- Blackstone Group Inc., the world’s biggest private-equity company, paid Chairman Stephen Schwarzman a salary of ....
Schwarzman, 63, told investors yesterday that “the worst is over” as markets stabilize and buyout managers are able to sell some assets and make deals."
Did the Federal Circuit Misapply the Transformative Standard in Bilski in Prometheus Labs v. Mayo?
I had been meaning for quite some time to comment on what appears in this quarter to be a clearly erroneous holding on the law in the Federal Circuit's ruling in the Prometheus case (Prometheus Laboratories, Inc. v. Mayo Collaborative Services), currently on petition for certiorari as follows:
In the Supreme Court of the United States
MAYO COLLABORATIVE SERVICES (D/B/AMAYO
MEDICAL LABORATORIES) ANDMAYO CLINIC
ROCHESTER,
Petitioners,
v.
PROMETHEUS LABORATORIES, INC.,
Respondent.
__________
Petition for a Writ of Certiorari to the United
States Court of Appeals for the Federal Circuit
__________
PETITION FOR A WRIT OF CERTIORARI
__________
JONATHAN E. SINGER
JOHN A. DRAGSETH
Fish & Richardson P.C.
3200 RBC Plaza
60 South 6th Street
Minneapolis, MN 55402
(612) 335-5070
EUGENE VOLOKH
405 Hilgard Avenue
Los Angeles, CA 90095
STEPHEN M. SHAPIRO
Counsel of Record
TIMOTHY S. BISHOP
JEFFREYW. SARLES
Mayer Brown LLP
71 South Wacker Drive
Chicago, IL 60606
(312) 782-0600
Counsel for Petitioners
The Federal Circuit, reversing the district court, upheld Prometheus’s patent claims covering a process for correlating the level of certain chemicals in a patient’s blood with the patient’s health. By those claims, Prometheus seeks to monopolize the use of blood tests in the research, diagnosis, and treatment of disease, such that a physician violates the patent merely by thinking about the correlation between the test results and the patient’s health or treatment. This Court granted certiorari to determine whether basic scientific relationships may be monopolized in this way in Laboratory Corp. of Am. Holdings v. Metabolite Labs., Inc., 548 U.S. 124, 135 (2006) (“LabCorp”), but dismissed the writ for lack of adequate issue preservation. Dissenting from dismissal, Justices Breyer, Stevens, and Souter explained that such patents are invalid under this Court’s precedents, and that resolving the issue presented in LabCorp was of great importance to innovative scientific inquiry and effective medical research and treatment.
The question presented is as follows:
Whether 35 U.S.C. § 101 is satisfied by a patent claim that covers observed correlations between patient test results and patient health, so that the claim effectively preempts all uses of these naturally occurring correlations.
Eugene Vokokh writes at the Volokh Conspiracy:
"As we argue in the petition,
Prometheus’s claims ... attempt to exclude the public from using the results of basic human metabolic testing in the research, diagnosis, and treatment of disease. They do so by claiming protection for the process of recognizing a correlation between the level of certain chemicals in the patient’s blood and the patient’s health.... [T]he claims are silent as to what should be done with such correlations and as a result purport to cover and thus preempt all possible uses of the biological correlations....As previously noted, I wanted to comment this case already before the petition for certiorari, but I did not get to it. However, I was once again jogged into action recently when I ran across the following posting by Eric W. Guttag at CAFC: Method for Calibrating Drug Dosage Is Transformative | IPWatchdog.com | Patents & Patent Law where he writes inter alia:Prometheus’s broad patent claims attempt to turn a physician’s thought processes into infringement.... Importantly, Prometheus’s claims do not recite what is to be done once the physician recognizes the correlation [based on blood test results]. As a result, the claims cover and preempt all such uses. They begin and end with observation of the test results. What the physician might do with that observation is irrelevant because simply thinking about the subject suffices to infringe the patent. As Prometheus’s expert testified, if the physician reads an email with the test results, it would not matter if she “crumples it up, throws it away, reads it, acts on it, doesn’t act on it, any assumptions you want to come up with.” The physician infringes the moment she recognizes the correlation. "
"In reversing the district court’s ruling in Prometheus, Judge Lourie, writing for the Federal Circuit panel, was faced with the unenviable task of trying to reconcile the “natural phenomena” prohibition with the Bilski “machine or transformation” test. First, Judge Lourie concluded that the “administering” and “determining” steps of the patented drug dosage calibration method were “transformative.” Specifically, the “transformation is of the human body following administration of a drug and the various chemical and physical changes of the drug’s metabolites that enable their concentrations to be determined....Read Guttag's full posting here.
With all due respect, Judge Lourie’s opinion in Prometheus is clear evidence of how tortuous it is to apply the Bilski “machine or transformation” test objectively to drug dosage calibration methods like those in Prometheus. In fact, the earlier non-precedential 2008 per curiam decision in Classen Immunotherapies, Inc. v. Biogen Idec presaged how arbitrary the Bilski test can be when applied to such drug/medical dosage calibration techniques. Classen, which came out not long after Bilski, is astounding for its brevity (one paragraph of 69 words), or as Kevin Noonan poignantly observed, the claimed method for essentially calibrating an immunization schedule for a treatment group, relative to a control group, was longer than the opinion by 20 words. But more significantly and as I commented when it came out, Classen is ghastly for completely failing to explain how this “new” Bilski test was applied to the claimed immunization schedule calibration method. And while Prometheus does far more than Classen to explain how Bilski should be applied to such drug/medical dosage calibration methods, I still see much “straining” in Judge Lourie’s opinion in trying to reconcile the “natural phenomena” prohibition with the “machine or transformation” test."
We agree that the Federal Circuit opinion is "strained", to put it mildly. Judge Lourie's patent decisions do not bear the good seal of the future in our book.
Guttag's reasoning reminded us of the core logic in Lab Corp v. Metabolite Labs, where certiorari was dismissed as improvidently granted. The Fire of Genius wrote about that:
"Reviewing LabCorp’s brief on the merits, as well as a number of amicus briefs, Crouch reported in December 2005 that “[a]ccording to LabCorp, the claim involves ‘no actual invention beyond the scientific discovery it recites.’ The claimed correlation is a scientific principle or law of nature, and its discovery alone cannot be patentable,” according to LabCorp."In view of the upcoming Supreme Court decision in the Bilski case, it is most certainly instructive to look at the Federal Circuit's confused decision in Prometheus, where the holding, to again quote Guttag, was as follows:
"[T]hat the “administering” and “determining” steps of the patented drug dosage calibration method were “transformative.” Specifically, the “transformation is of the human body following administration of a drug and the various chemical and physical changes of the drug’s metabolites that enable their concentrations to be determined...."EVERY legitimate medication or diagnostic test - patentable or not - will in some manner affect the human body, so that the impact of any medication or diagnostic test on the human body is, in our view, NOT the transformative element required by Bilski. All medicines and diagnostic tests by their very nature are intended to cause changes or measure changes in the human body, but the human body is not thereby "transformed" but remains the fundamental human body that it is. Standard blood tests are not a "transformation". Nor can it be that any medication or test is transformative simply because the patent claimant claims that it affects the human body.
Rather, the medication or the diagnostic test must itself involve a physical transformation of the invention vis-a-vis prior art. A needle that takes human blood for blood testing can be improved in form and function - THAT is an invention, but such a needle can not claim a monopoly on blood-taking. Similarly, a well-calibrated thermometer can be improved in its physical technology to measure the not always constant human temperature by various means and at various locations on or in the body, but it can not thereby claim a monopoly on calibrated thermometers to measure human temperature or reserve certain areas of the body as monopoly zones. Similarly, radioisotopes or - less effective - dyes are injected into the human body as aids in finding lymph nodes nearest to tumors, but no one should be able to claim an exclusive monopoly on using these methods for diagnosis. Particularly the latter example is closely analogous to Prometheus because the injected material is used for diagnosis and the human body is "affected", i.e. "marked", by the injection. That is not the transformation that Bilski is talking about.
On petition for certiorari, Mayo correctly asks the Supreme Court, as noted at Patently-O:
"Whether 35 U.S.C. § 101 is satisfied by a patent claim that covers observed correlations between patient test results and patient health, so that the claim effectively preempts all uses of these naturally occurring correlations."
Obviously, the answer is no, and we hope that the SCOTUS is wise enough to so find.
As the Federal Circuit wrote - without, however, holding accordingly - this is an attempt to patent methods - rather than a physically transformed invention:
"Prometheus is the sole and exclusive licensee of the ’623 patent and the ’302 patent. The patents claim methods for calibrating the proper dosage of thiopurine drugs...."Naturally occurring correlations viz. processes in the human body - if the Supreme Court of the U.S. (SCOTUS) correctly decides the matter - can never serve as the basis for a transformative patent claim. Otherwise, this would grant ANY medication or diagnostic test monopoly rights on the respective affected naturally occurring correlation in the human body that is being medicated or diagnosed, and no other medication or diagnostic test would be able to impact or test those correlations or processes without violating somebody's patent.
Medical devices or diagnostic test kits that test naturally occurring correlations or processes can be patented, but the correlations or processes themselves can not be subject to patentable monopoly claims. That seems so elementary as to defy legal rebuttal.
As the - wrongly over-ruled District Court - had already correctly decided (we quote from the Federal Circuit opinion):
"The court stated that the inventors did not “invent” the claimed correlation; rather, “6-TG and 6-MMP are products of the natural metabolizing of thiopurine drugs, and the inventors merely observed the relationship between these naturally produced metabolites and therapeutic efficacy and toxicity.” Invalidity Opinion, 2008 WL 878910, at *7."Hence, the Prometheus case must be reversed and the Bilski standard must be clarified to point out that the transformative test must apply to the physical invention - here a diagnostic test - itself, not to its impact on human beings. Nearly EVERYTHING we make impacts human beings, one way or another. That is not the transformation Bilski is talking about.
In the instant case, Invention A - let us say Test Kit A - can test the metabolites X and Y and Invention B - a completely different Test Kit B - can test the metabolites X and Y, but Invention A can not bar any other inventions that test metabolites X and Y just because they test them. Rather, the physical test kit itself - if it is an invention - must be infringed for patent infringement to be present. Conversely, Test Kit B, if later in time to Test Kit A, must involve a physical transformation - which it does in this case - as the Mayo Kit - as opposed to previously existing Prometheus Kit - is intended to use different - and we presume, improved - calibration levels to determine toxicity. That's progress. As the Federal Circuit wrote:
"Prometheus marketed a PROMETHEUS Thiopurine Metabolites test (formerly known as the PRO-PredictRx® Metabolites test) that used the technology covered by the patents in suit. Mayo Collaborative Services and Mayo Clinic Rochester (together, “Mayo”) formerly purchased and used Prometheus’s test, but in 2004, Mayo announced that it intended to begin using internally at its clinics and selling to other hospitals its 2008-1403 own test. Mayo’s test measured the same metabolites as Prometheus’s test, but Mayo’s test used different levels to determine toxicity of 6-TG and 6-MMP.... Mayo rescinded its announcement shortly after the lawsuit was filed and still has not launched its test."As it stands, there is no transformative difference between the Prometheus calibration test and the hedge fund method that was found non-patentable in Bilski. Prometheus is not trying to get a monopoly on an invented medical device or to protect a patent on a particular invented Test Kit - it is trying to get a monopoly on a diagnostic method and is trying to prevent others from using that method anywhere, in any way and in any form, to the detriment of the health of everyone, and only for the sake of their own pocketbook.
REVERSED.
LawBrain - A Collaborative Forum for Legal Knowledge
LawBrain:
"LawBrain is a project of FindLaw, a Thomson Reuters business, that is the world's leading provider of online legal information and Internet marketing solutions for law firms. LawBrain was launched in December 2009 as a collaborative forum to pool legal knowledge and create an interactive online space for discussion of legal topics and terms."
It's Moot, It's Smoot
Julianna Smoot announced as White House social secretary:
by Anne E. Kornblut at 44 Politics and Policy, Washington Post
We originally wanted to title this post It's Moot - only, but we figured nobody would get it.
European Commission - Education & Training - External Programmes and Policies - Study In Europe
Want to study in Europe? This website can help.
European Commission - Education & Training - External Programmes and Policies - Study In Europe
"There are more than four thousand higher education institutions in Europe, from top-level research establishments to small, teaching-focused colleges. Europe itself is no less diverse, extending from the Arctic Circle to the coast of Africa, where tiny principalities sit side-by-side with many of the world’s leading economies.
A fascinating destination, but which country should you go to? Which university should you choose? What do you need before you leave? What will happen when you arrive? These are just some of the questions you’re probably asking yourself already.
Study in Europe is here to help. We provide up-to-date information on thirty-two European countries, their universities and what it takes to live and study in them.
Use Study in Europe to find the university that suits you best. A well-informed decision will make your time abroad even more valuable."
Cross-country study: Economic policy challenges in the Baltics - ECFIN - European Commission
Cross-country study: Economic policy challenges in the Baltics - ECFIN - European Commission pdf [2 MB]
(European Economy. Occasional Papers. 58. February 2010. Brussels. Internet only. 106pp. Tab. Graph. Ann. Bibliogr. Free.)
KC-AH-10-058-EN-C ISBN: 978-92-79-15024-1 ISSN: 1725-3187
Summary for non-specialists pdf [70 KB]
"The study reviews the process of economic transformation in Estonia, Latvia and Lithuania from the early years of these countries' regained independence to the current downturn. In particular, the study examines macroeconomic and budgetary developments and policy, real and financial integration with the rest of the EU and medium-term challenges to optimise growth prospects. The emphasis lies on inferring policy lessons for small open economies undergoing rapid real and financial convergence, including the positive contribution which pursuing prudent policies over the medium term can make, also at a time of a crisis."doi:10.2765/39481"
ePractice.eu : eGovernment and eInclusion in Europe
Here is a useful site for government facts and doings in Europe: ePractice.eu.
"ePractice.eu is a portal created by the European Commission which offers a new service for the professional community of eGovernment, eInclusion and eHealth practitioners. It is an interactive initiative that empowers its users to discuss and influence open government, policy-making and the way in which public administrations operate and deliver services.They have a very useful set of factsheets at "An overview of the eGovernment and eInclusion situation in Europe":
ePractice.eu involves practitioners from all 27 Member States, EU-member candidate states and EFTA countries. Practitioners from other countries outside the EU are also welcome to join."
"The ePractice eGovernment and eInclusion factsheets aim to provide an overall picture of the situation and progress of eGovernment and eInclusion in 34 European countries: EU Member States, EU Candidate countries and EFTA countries. Local editions of the ePractice eGovernment factsheets are being produced in cooperation with local organizations. Print copies of the ePractice eGovernment factsheets are available upon request and stock availability. For more information about print copies please contact idabc@ec.europa.eu"
Xerox Files Patent Suit Against Google and Yahoo for Various Alleged Search Method Infringements while Congress Twiddles and Bilski Festers at SCOTUS
And now comes Xerox, the xeroxing document company,
who we all know invented "search".
Hah!
You have to love the absurdity of the U.S. patent system - CHAOS.
Thomas Claburn at InformationWeek, February 23, 2010, reports that Xerox [has filed a] Patent Suit Against Google [and] Yahoo claiming triple damages - of course - and claiming that various elements of Google and Yahoo search violate Xerox patents on methods and apparatus for integrating information and knowledge.
But what else can we rightly expect, given the state of the current patent law?
As Claburn notes at the end of his article in connection with this suit:
"The most recent proposed legislation, the Patent Reform Act of 2009, has been sitting in committee in the Senate for almost a year."And we ask of the U.S. Supreme Court - will their upcoming now long-festering decision in Bilski put an END to the PATENT MADNESS?
We doubt it.
Take a look at this Federal Circuit decision from February 25, 2010 (yesterday) in which many brilliant human legal minds - perhaps we exaggerate - are involved in supremely important cogitation on the crucial patent invention (?) of "static" prices not found (?) in prior art - that's what the jury determined folks - surely experts on the matter, we presume, but fear not, for the dynamic "re-centering" of "price levels", such as could not be disabled by the user, was declared as a significant "non-static" element of the exculpated non-infringing competition, who were thus dynamically "in motion". That's what the courts found, more or less, broadly described, tongue-in-cheek.
What sane man would believe that the USPTO ever issued a patent for essentially that?
Static prices in any inventive context as an "invention"....?
Not in our world, but perhaps we do not live in the same world as the USPTO?
You see, we view the world like this. Prices can be either static or dynamic in ANY context and any invention or method can USE that non-inventive phenomenon to their advantage or disadvantage, but they can not INVENT that phenomenon in the context of any method. Prices are not a transformed element and can not be used as a material basis for obtaining a patent. Why do legislators and courts not understand the difference?
Progress on Patent Reform in the European Union (EU)
James DeGiulio writes at Patent Docs in Europe Takes Step Closer to Single EU Patent and Patent Court that:
"On December 4, 2009, the European Competitiveness Council unanimously adopted a legislative package designed to create a single EU patent and EU patent court....Also in the EU, the wheels of patent legislation turn slowly.
The reform proposal still needs to undergo an official review by the European Council and the European Parliament ... [and] the European Court of Justice has yet to deliver an opinion on the compatibility of the patent court and draft agreement with EU treaties. This opinion is expected at the earliest by summer 2010."
US Patent Reform Agreement Allegedly Finally Achieved in the U.S. Congress
Diane Bartz for Reuters reported from Washington on February 25, 2010 at Tentative US patent reform pact reached [acc. to] Sen. Leahy writing that:
"Leading U.S. lawmakers have reached a tentative agreement to reform the nation's patent system, said Senator Patrick Leahy, chairman of the Judiciary Committee and a leader in the effort."That report was updated by Bartz with more details at UPDATE 2-Tentative US patent reform pact reached-Sen. Leahy where she writes:
"[S]ources working on the issue said that the bill would require judges hearing patent infringement cases to play a gatekeeper role in helping identify appropriate damages.
The measure also gives the patent office the authority to set its own fees, said the sources, who asked to speak privately since they were not authorized to discuss the matter.
One has to be cautious about expecting anything this field since a nearly identical report of Congressional progress was made nearly one year ago, with little result.
The wheels of "comfortable" government and Congress itself sometimes seem to move slower than USPTO patent applications, and THAT is slow.
Administration Asks For Public Input On Intellectual Property Enforcement | Techdirt
Court in Italy Convicts 3 Google Execs in Absentia for Privacy Violation Due to Delay in Takedown of Previously Flagged Objectionable Online Video
Italian Court Convicts 3 Google Executies in Absentia for Privacy Violation Due to Delay in Takedown of Flagged Online Video
Via Sylvia Poggioli at npr.org, the Associated Press informs us that:
"An Italian court convicted three Google executives of privacy violations Wednesday because they did not act quickly enough to remove [an objectionable] online video....Read the full story here.
In the first such criminal trial of its kind, Judge Oscar Magi sentenced the three in absentia to a six-month suspended sentence and absolved them of defamation charges....
Google Italy, which is based in Milan, said it took down the video two hours after being notified by police, as is required by law. Prosecutors argued that viewers had flagged it well before police contacted Google, and the fact that it shot to the top of a 'most entertaining videos' list on the Italian site, had 5,500 views and 800 comments during the two months it was online meant it should have been noticed sooner. [emphasis added]
Thanks to the footage and Google's cooperation, [the young criminals responsible were] identified and sentenced by a juvenile court to community service. The events shortly preceded Google's 2006 acquisition of YouTube."
There is a saying in jurisprudence that hard cases often make bad law and this is such a case. No normal person wants to condone the online publication of the type of objectionable material in question, but there are no laws on the books - also not in Italy - that Internet providers have to pre-screen material posted to the Internet, nor are they required by law to screen such material within a given time period if such material is "flagged" by users as objectionable, nor are there standards in place for what kinds of "flagged" material must be taken down - or not. Who is to play the role of the "judicial God" in such cases?
Indeed, as noted in the posting cited above:
"In the United States, the Communications Decency Act of 1996 generally gives Internet service providers immunity in cases like this, but no such protections exist in Europe."One reason for that of course is that the European Commission and its EU lawmakers are still asleep on many critical issues of Internet governance and competent leadership should be found in Brussels to move things forward.
The Italian judge in this case of course rightly wants to put an end to the uploading of this kind of material, but imposing criminal sanctions on executives of Internet providers is most certainly not the right legal path to do this, as it inflicts punishments upon those who are totally unaware - given the state of the laws - that they are committing a crime (within the definition of the law). That of course is an absurd result, legally seen.
Using the criminal law against Internet providers in court is also a flagrant violation of the basic rules that apply to the imposition of criminal sanctions. See Herbert Packer and The Limits of the Criminal Sanction. The criminal law is not a cure-all for all social ills.
It is up to the legislatures - and NOT the courts - to remedy the Internet situation by legislating appropriate - reasonable - standards. It is simply not the job of any judge to MAKE "his" law in a case such as the one at issue here, even if that judge might wish that the law on the books supported his well-meant intentions in this particular case.
This appears to be an instance which must soon be corrected by the legal system in Italy because it erodes the basic foundations upon which the entire Internet is built. One can not make Internet builders or their lawful representatives criminals in the courts just because of the many criminals out there in society who criminally use the new technologies that they have devised. That - my dear judge in Italy - can NEVER be the law.
Otherwise, we might as well shut down the entire mobile communications of the world because it is known by everyone that mobile (cell) phones are used for criminal purposes, also in the political sphere. Making executives of mobile communications companies criminally liable for such use would be as equally absurd as the Italian decision in this case.
The fault is not with Google. The fault is with Italy. Get your laws straightened out folks. Present the companies of the world with clear legislative standards in your jurisdiction and those companies will abide by them, simply as a matter of good business practice.
Outsourcing and Data Protection in the European Union: EU Standard Contract Clauses Must Be Changed Regarding Overseas Transfers of Personal Data
Out-law.com alerts us to the fact that a recent formal Decision of the European Commission requires that Model clauses for overseas transfers of personal data be updated, writing
"Outsourcing companies outside the EU will now have to get written permission to subcontract the processing of personal data after the European Commission changed arrangements permitting the export of such information.Read the full article here for more details and a link to an Out-law.com guide to overseas transfer of personal data.
The EU's data protection regime limits the export of personal data outside the European Economic Area (EEA) which comprises the EU, Iceland, Norway and Liechtenstein.
A small handful of countries have proved their data protection regimes the equivalent of the EU's and so are permitted to receive personal data without further steps (Switzerland, Canada, Argentina, Guernsey, the Isle of Man and Jersey), while the US has a special arrangement, the Safe Harbour scheme, under which participating US companies can receive data if they promise to abide by rules over and above US law.
For transfers to all other countries there must be specific data protection contractual arrangements in place before the personal data of EU residents can be sent to companies based there for processing. The European Commission produces standard clauses that are used in such contracts.
The Commission has changed the terms of those clauses to allow companies in non-European Economic Area (EEA) countries to sub-contract work, but only with the explicit permission of client companies." [emphasis added]
Racist Content on California Server is within UK Jurisdiction based on the Test of Substantial Measure of Activities in the UK
Out-law.com alerts us to the following UK Court of Appeal decision: Racist content on US server is within UK jurisdiction, says Court of Appeal | Pinsent Masons LLP
"The law of England and Wales applies to material published online, even if it is hosted on a server in another country, the Court of Appeal has ruled. As long as a substantial measure of the activities takes place in England, its law will apply, it said."
Intellectual Ventures and Invention Capital : Financing Inventors and Monetizing Creations : Making Big Money out of Patents : The "New" Software ?
Intellectual Ventures has been labelled "Intellectual Vultures" as a consequence of its acquisition of 30,000 patents and collection thus far of more than $1 billion in license fees. That is big business. What goes on?
In Investment Firm Hopes to Turn Patents Into Invention Capital Market, Steve Lohr at the New York Times reports on this "nonpracticing entity" - called a patent troll by its detractors - that makes no products of its own but deals in patents only.
The March 2010 Issue of the Harvard Business Review under the title Funding Eureka! features an article written by Nathan Myhrvold, former chief technology officer at Microsoft and Founder and CEO of Intellectual Ventures, in which Myhrvold makes the case that his company is not a patent troll but is trying to "create a capital market for inventions" and "to make applied research a profitable activity that attracts vastly more private investment than it does today".
Is it possible that Myhrvold represents the future of patents?
The California Senate Message is : "Oops! This link appears to be broken": California Senate Passes Tax Bill on Online Retailers such as Amazon.com
LawUpdates.com informs us that:
California Senate Passes Tax Bill on Online Retailers such as Amazon.com
As LawUpdates.com writes:
"The bill now goes to the State Assembly where it is likewise expected to pass....The bill is intended to shore up California's disastrous finances (!) which - we might suggest - are in such dire straights principally because the California legislature has historically been populated by members who knew not what they were doing - and apparently that is still the case. But now the big spenders have run out of cash and are desperately searching for full pockets elsewhere.
[T]he bill requires out-of-state sellers, such as Amazon.com that pay commissions to California firms or residents for sales referrals (often through a website link) to collect use tax on their sales to California residents. According to a study issued by the State Senate, existing law requires Californians to self-report and pay the use tax on these purchases, but compliance is low [LawPundit tongue-in-cheek comment - who would have thought it?]."
We wanted to know just who these mysterious legislators were and so we went to the official website of the California State Legislature and clicked on the Map Search of California Senate Districts and then on the map of the Bay Area, where one can then allegedly click on the individual numbers of the Senate districts to find its legislative human occupier.
HA!
The joke is on YOU
as the message that we got for every district there was
(as of 4 p.m. CET):
"Oops! This link appears to be broken."
Now, citizens of this world, if the California State Legislature is not capable of keeping its website operational in this digital day and age, you can hardly expect them to run their State in any mode other than "chaos", now can you?
No one doubts that governments largely subsist by taxing whatever they can get their hands on - indeed, the United States came into being precisely because of a State-side "crowd mutiny" against an egregious instance of taxation by the British Parliament (legislators all) - The Stamp Act of 1765. You might expect some kind of a "learning curve" about this topic to have emerged among modern legislators, but apparently not in California.
Let us take an example of one of the provisions of this bill from LawUpdates.com:
"In general, an out-of-state retailer must have sufficient business presence (also known as “nexus”) in order to be required to collect and remit the tax. Under current law, a retailer is considered “engaged in business in this state” and required to collect the California use tax on sales made to California consumers when it maintains storage or warehousing facilities in the state or it has a representative or independent contractor operating in this state for the purpose of selling, delivering, installing, assembling, or the taking of orders for the tangible personal property."To the surprise of no one, LawUpdates.com notes that:
"The CA Senate in its legislative analysis found that a contentious issue in sales and use tax administration relates to the extent to which a state may compel an out-of-state retailer to collect use taxes from its in-state customers. The issue is of considerable importance because, although Californians are required to self-report out-of-state purchases for use in this state, the compliance rate is very low."A law like that might be called stupidity personified, but we will limit ourselves to calling it a slimy contradiction to the general principle that the Internet should not be subject to taxation:
"The 1998 Internet Tax Freedom Act halted the expansion of direct taxation of the Internet, grandfathering existing taxes in ten states. [1] In the United States alone, some 30,000 taxing jurisdictions could otherwise have laid claim to taxes on a piece of the Internet.[2] The law, however, did not affect sales taxes applied to online purchases. These continue to be taxed at varying rates depending on the jurisdiction, in the same way that phone and mail orders are taxed."Now, if we had such an alleged business "nexus" in California, we would move it to a neighboring State tomorrow. Needless to say, we would definitely never establish a new such business in the State of California.
Besides, the new bill as a law would - in our opinion - be clearly unconstitutional as an unreasonable restriction on the course of interstate commerce, which would slow to a standstill if every State passed similar laws. Unthinkable.
In any case, if this is an example of the way that California hopes to solve its financial problems, the California legislators should all go and get their heads examined.
We propose instead a new California Ballot Proposition to run as follows:
"Resolved: that the Legislature of the State of California be disbanded for one year, or, alternatively, until such time and place that competent legislators can be found and duly elected. Until such time, the State of California is to manage its affairs based solely on the laws already on the books .... which should not be difficult ... given the voluminous 29 titles that are already available for enforcement...."In this manner, many millions of dollars - perhaps billions - could be instantly saved - far many more than through any Internet taxation - and, as a special bonus, even more severe legislative damage could be spared in the future since no new idiotic laws could be passed in the interim.
Some observers of course may argue that the California State Legislature is essential for the efficient operation of the State of California, but we have seen no evidence of that.
So, Californians, what about it?
Take a chance and pass a Proposition to disband the California State Legislature for one year - IMAGINE the savings! And the people of the State would probably not even notice a thing in their everyday affairs, as existing State contracts would of course be automatically renewed - but with NO increases, period - another saving of millions.
365 days later ... sadder, but wiser ... the California Legislature could then be newly reconstituted under NEW TITLE 30: Legal Sanctions for Stupid Internet-Related Legislation, which would read:
"Any California legislator actively proposing, supporting or voting for stupid Internet-related legislation will be required to undergo a one-year remedial Law School operated CLE-type course of re-education, concentrating on the purposes and methods of laws and the legislative process, especially in the context of Constitutional Law. A special intensive course on the Internet, running for six months and conducted by the EFF, is to be part of this legislative rehabilitation."
Law and Copyright: Oral Arguments at the GBS Fairness Hearing : The Google Books Amended Settlement Agreement : Should it be Approved?
The Laboratorium has a summary of the oral arguments at the GBS Fairness Hearing.
Prior to that, Ivy Anderson, Director of Collections at the California Digital Library wrote:
"Late last week, Google and the plaintiffs filed their final briefs in defense of the Google Books Amended Settlement Agreement (ASA) that is before the New York Southern Federal District Court. As the rhetoric around the Settlement heats up to white-hot intensity in the final days before the Fairness Hearing on February 18th, I’d like to offer a few personal thoughts from my vantage point at the California Digital Library....Read the rest at Hurtling Toward the Finish Line: Should the Google Books Settlement Be Approved?: California Digital Library
I like to compare this to the building of the great Temple of the Sagrada Familia in Barcelona, a city with which my family has an ancestral connection. When my husband’s grandmother left Barcelona as a young girl in the late 19th century, the Sagrada Familia had barely erected its first stone. In 2006 more than 125 years later, her great-granddaughter traveled to Barcelona for the first time, where she was able to observe Gaudi’s monumental edifice, still under construction. At this writing, completion is projected for 2026.
Like the Sagrada Familia, without the Google Books Project we could still be building the digital library of the future 100 years from now."
Tutankhamun and "Where the Great Akhenaten Lies" : Asharq Alawsat Newspaper (English)
Tutankhamun and "Where the Great Akhenaten Lies" : Asharq Alawsat Newspaper (English)
Zahi Hawass reports on the great discovery made regarding the identification of Akhenaten among the mummies of Egypt, inter alia writing:
"At a press conference for international media figures held by the Supreme Council of Antiquities last Wednesday at the Egyptian Museum in Cairo, I announced that important [archeological] discoveries had been made that shed more light on the dynasty of the golden pharaoh Tutankhamen. These discoveries marked the beginning of a new chapter in using modern techniques and advanced technology in the field of archeological discoveries."Read the rest here, where it appears quite clearly from the Hawass statements that Akhenaten has been convincingly identified.
EU Commission and EU Competition Law vs. Microsoft : The "Browser Ballot" and Windows 7 : EU and Microsoft Near Agreement on User Choice of Browsers
EVIDENCE? Tut Revisited: But is the Evidence so Clear that KV55 is Akhenaten and not Tut's brother Smenkhkare
Mark Rose at Archaeology Magazine in Tut: Disease and DNA News, February 16, 2010, asks however, based on an age estmitaion of KV55 at death as being a younger man, perhaps in his 20's, whether the evidence is so clear that KV55 is Akhkenaten according to the DNA rather than Tut's brother Smenkhkare (Smenchkare).
EVIDENCE? The DNA Evidence is Clear: Tutankhamun was the Son of Akhenaten (Echnaton) : The Cause of Tut's Death Is Speculative as a Matter of Science
The manner in which the medical community and archaeologists handle evidence is hair-raising and can be exemplified again with current events in the case of the DNA and CT study of Tutankhamun.
Who was Tutankhamun and was he murdered by the Philistines?
Nearly five years ago I made a posting to the LexiLine group on the History of Civilization at 33 LexiLine Newsletter 2005 Who was Tutankhamun - Jonathon Aton - The Me'il in which I identified the young "co-regent" Tutankhamun as the son of Akhenaten (Echnaton). Tut was NEVER the Pharaoh himself. My identification has now been proven correct by DNA evidence in a study conducted by Egypt's Supreme Council of Antiquities (SCA) under the leadership of Secretary General Zahi Hawass, a study published in Vol. 303 No. 7, February 17, 2010 of the Journal of the American Medical Association, of which the following is the Abstract:
"Ancestry and Pathology in King Tutankhamun's FamilyThe results of the study were released within the last 24 hours (February 16/17, 2010) to the public and have already been summarized in part at the Wikipedia:
Zahi Hawass, PhD ;Yehia Z. Gad, MD ;Somaia Ismail, PhD ;Rabab Khairat, MSc ;Dina Fathalla, MSc ;Naglaa Hasan, MSc ;Amal Ahmed, BPharm ;Hisham Elleithy, MA ;Markus Ball, MSc ;Fawzi Gaballah, PhD ;Sally Wasef, MSc ;Mohamed Fateen, MD ;Hany Amer, PhD ;Paul Gostner, MD ;Ashraf Selim, MD ;Albert Zink, PhD ;Carsten M. Pusch, PhD JAMA. 2010;303(7):638-647.
Context The New Kingdom in ancient Egypt, comprising the 18th, 19th, and 20th dynasties, spanned the mid-16th to the early 11th centuries BC. The late 18th dynasty, which included the reigns of pharaohs Akhenaten and Tutankhamun, was an extraordinary time. The identification of a number of royal mummies from this era, the exact relationships between some members of the royal family, and possible illnesses and causes of death have been matters of debate.
Objectives To introduce a new approach to molecular and medical Egyptology, to determine familial relationships among 11 royal mummies of the New Kingdom, and to search for pathological features attributable to possible murder, consanguinity, inherited disorders, and infectious diseases.
Design From September 2007 to October 2009, royal mummies underwent detailed anthropological, radiological, and genetic studies as part of the King Tutankhamun Family Project. Mummies distinct from Tutankhamun's immediate lineage served as the genetic and morphological reference. To authenticate DNA results, analytical steps were repeated and independently replicated in a second ancient DNA laboratory staffed by a separate group of personnel. Eleven royal mummies dating from circa 1410-1324 BC and suspected of being kindred of Tutankhamun and 5 royal mummies dating to an earlier period, circa 1550-1479 BC, were examined.
Main Outcome Measures Microsatellite-based haplotypes in the mummies, generational segregation of alleles within possible pedigree variants, and correlation of identified diseases with individual age, archeological evidence, and the written historical record.
Results Genetic fingerprinting allowed the construction of a 5-generation pedigree of Tutankhamun's immediate lineage. The KV55 mummy and KV35YL were identified as the parents of Tutankhamun. No signs of gynecomastia and craniosynostoses (eg, Antley-Bixler syndrome) or Marfan syndrome were found, but an accumulation of malformations in Tutankhamun's family was evident. Several pathologies including Köhler disease II were diagnosed in Tutankhamun; none alone would have caused death. Genetic testing for STEVOR, AMA1, or MSP1 genes specific for Plasmodium falciparum revealed indications of malaria tropica in 4 mummies, including Tutankhamun’s. These results suggest avascular bone necrosis in conjunction with the malarial infection as the most likely cause of death in Tutankhamun. Walking impairment and malarial disease sustained by Tutankhamun is supported by the discovery of canes and an afterlife pharmacy in his tomb.
Conclusion Using a multidisciplinary scientific approach, we showed the feasibility of gathering data on Pharaonic kinship and diseases and speculated about individual causes of death."
"Scholars had not reached consensus on the identity of Tutankhamun's parents. An inscription calls him a king's son [emphasis added], but it was not clear which king was meant. An extensive DNA analysis whose results were publicized in February 2010 confirmed that he was the son of Akhenaten and Akhenaten's sister (also his wife).[8]At one time Tutankhamun had been thought to be a son of Amenhotep III and his Great Royal Wife Queen Tiye [added insert from us: the hieroglpyh from which this erroneous idea came actually reads "ancestor" rather than "father"]. Instead, he has been confirmed as their grandson, child of their son and daughter.[9] Later research claimed that he may have been a son of Amenhotep III, although not by Queen Tiye. She would have been more than fifty years old at the time of Tutankhamun's birth.
DNA results released in February 2010 confirm Tutankhamun as the biological son of Akhenaten and grandson of Queen Tiye. Tutankhamun's mother has been confirmed as Mummy KV35YL, a sister of Akhenaten. Her identity as of this date is still unidentified.[10]
A common hypothesis held that Tutankhamun was the son of Akhenaten, also known as Amenhotep IV, and his minor wife Queen Kiya. Queen Kiya's title was "Greatly Beloved Wife of Akhenaten" so it is possible that she could have borne him an heir. Supporting this theory, images on the tomb wall in the tomb of Akhenaten show a royal fan bearer standing next to Kiya's death bed, fanning someone who may be a princess. Researchers also thought the figure was a wet nurse holding a baby, considered to be the boy king-to-be.
Professor James Allen [link added: President of the International Association of Egyptologists] argued that Tutankhamun was more likely to be a son of the short-lived king Smenkhkare rather than Akhenaten. Allen argued that Akhenaten chose a female co-regent named Neferneferuaten as his successor, rather than Tutankhamun. He thought that would have been unlikely if the latter were his son.[11][12] Smenkhkare appears when Akhenaten entered year 14 of his reign. Scholars believe that during this time Meritaten married Smenkhkare. Smenkhkare, as the father of Tutankhamun, would have needed at least a three-year reign to bring Tutankhamun to the right age to have inherited the throne. However, if there had been lengthy co-regency between Amenhotep III and Akhenaten, Amenhotep could have been Tutankhamun's father (later disproved by DNA testing).[12][13]
Recently, Zahi Hawass, Secretary General of the Egyptian Supreme Council of Antiquities, announced the recovery of a part of a limestone block depicting Tutankhamun and his wife Ankhesenamen, along with text. These identify both Tutankhamun and his wife Ankhesenpaaten as "children of the king's body" or the biological son and daughter of Akhenaten. This shows the repetition of marriage between royal siblings."
The junk that the mainstream media have written about the new - mostly DNA evidence - is further proof that mainstream academia and mainstream journalists feed the clueless public with more-or-less pablum nonsense, concentrating not on important matters of the identity of Pharaohs but rather on the speculatively sensationalistic question of Tut's cause of death, whereas the identity question is far more important to Egyptology and the reconstruction of man's ancient history. The mainstream media and Egyptologists have already announced that the cause of Tut's death is clear, whereas the actual study says:
"These results suggest avascular bone necrosis in conjunction with the malarial infection as the most likely cause of death in Tutankhamun."
That "suggestion" is pure IDLE speculation given the fact that 4 of the 11 mummies examined showed signs of malaria and that Tut's foot malformation must have been of very long standing.
As written at Why Evolution is True in What killed King Tut?
"... Hawass, with his usual penchant for publicity, is going around telling reporters, with no reservations, that malaria definitely killed the young king. Well, maybe, but falciparum malaria isn’t always fatal. Two of of Tut’s great-grandparents had it, and, as the authors note, they died in their 50s, and the infection might have been chronic, or suppressed by their immune systems."Already in the year 1923, as can easily be seen from a photograph of Tut's body, which is reproduced at page 297 of the 1996 British Museum Dictionary of Ancient Egypt (reproduced there courtesy of the Griffith Institute), it was well known already nearly 87 years ago that Tut had suffered a broken leg in his life and that there was a serious problem with his unequally sized feet - as can be seen from our cut-out and coloring of the lower half of that image (our added red circles show the leg break and the foot malformation):

The notion that the new DNA and CT study dispells the possibility that King Tut met a violent death is sadly mistaken - it proves nothing, merely adding the malaria element to an already shaky theory.
As written at TourEgypt.net in Who Killed King Tut? by The Government of Egypt and edited by Jimmy Dunn:
"The possibility that Tutankhamen did not die of natural causes was first raised 28 years ago when an X-ray analysis of his mummy was made by the anatomy department of the University of Liverpool. It revealed that the king may have died from a blow to the back of his head.
Early this year, a new X-ray analysis cast more light on the subject, this time suggesting that Tutankhamen may have been murdered in his sleep. The examination was conducted by a trauma specialist at Long Island University, USA, "The blow was to a protected area at the back of the head which you don't injure in an accident, someone had to sneak up from behind," said the specialist.
X-rays also show a thickening of a bone in the cranium which could occur only after a build-up of blood. This would indicate that the king might have been left bleeding for a long time before he actually died. In short, scientists suggest that the king was most probably hit on the back of his head while asleep and that he lingered, maybe for as long as two months, before he died....
[O]n the pedestal of one of Horemhab's statues is a text in which he left a message to all Egyptians, indicating that he was not the man who committed the crime. He declared in writing that he was loyal to his king and carried out all his orders faithfully. He also warned any Egyptian who may read the text, against 'normalizing' relations with foreigners and told them never to trust them: "Egyptian brothers, don't ever forget what foreigners did to our King Tutankhamen", Horemhab wrote."
Why the mainstream scholars continue to ignore other evidence and seek to force a speculative interpretation upon the public is something that we can not understand. But it is typical for Egyptology.
"I recently received a letter asking me for an illustration of the robe or Me'il of the Cohen Gadol, the Hebrew High Priest, and also asking me who in my opinion Tutankhamun was. The two questions are inter-related.
See the following website for one interpretative drawing of the Cohen Gadol's priestly garments http://messianic-torat-chayim-sg.org/Torah/kohengadol.html. That is pretty much a fantasy drawing, but a good attempt.
Actually, the robe of the Cohen Gadol will not have been substantially different than that worn by the Pharaohs of Egypt, based on the following example ramsesIII.jpg of the garment of Ramses III which I have [also] uploaded to our LexiLine files at
http://groups.yahoo.com/group/LexiLine/files/Egypt/
You can see there both the top and bottom robe, the ephod, the belt in layers, as well as the tassels on the robe, some of which, also on Ramses III, appear to be small bells - as allegedly also on the robe of the Cohen Gadol in descriptions of the me'il. This picture is a scan from a superb book by Peter A. Clayton, Chronicle of the Pharaohs, Thames and Hudson Ltd., London, 1994, available at http://www.amazon.com/exec/obidos/ASIN/0500050740/. The book is a must buy for anyone in this field as the best book of this kind in Egyptology (i.e. it is an understandable overview of all the pharaohs and their reigns according to the mainstream views). No other book comes even close. I use it all the time, even though it of course carries forward many mainstream errors in Egyptology.
Remnants of the Hebrew High Priest's robe were in my opinion found in the Tomb of Tutankhamun. Such a robe would have been far more Egyptian in nature than the drawing above and the Cohen Gadol would not have had a beard - quite the contrary, priests were bald: (quoted from http://snipurl.com/fetq viz.
http://www.mnsu.edu/emuseum/prehistory/egypt/dailylife/hairstyles.html.
"Priests were required to keep their entire bodies cleanly shaved.
They shaved every third day because they needed to avoid the danger
of lice or any other uncleanness to conduct rituals. This is the
reason why priests are illustrated bald-headed with no eyebrows or
lashes."
In addition, both the bearded Asiatics (Assyrians, etc.) and the black peoples were arch enemies of the clean-shaven Pharaohs, as shown at the Tomb of Tutankhamun on the prow of a miniature ship. In discussing the origin of the Pharaohs, it is rather remarkable that such important pieces of evidence are ignored by Egyptology.
For an extensive review of the items found in the Tomb of Tutankhamun, see generally
http://www.lexiline.com/lexiline/lexi80.htm and more specifically
http://www.lexiline.com/lexiline/lexi25.htm and also
http://www.lexiline.com/lexiline/lexi600.htm
The identity of Tutankhamun can be explained as follows:
In my opinion, the evidence is incontrovertible that King Saul =Echnaton (Akhenaten), King David = Sethos and King Solomon = Ramses II with Shishak = Ramses III.
Accordingly, Tutankhamun can only be ATON, i.e. JON-ATHON ("young Aton, young Adonis, "Jaun-(IE)donis"), one of the sons of Saul in the Bible. Saul was Echn-ATON viz. Akhen-ATEN ("old Aton", old Adonis, "Vec-(IE)Donis"). The other brother was Semenchkare, Biblical Ish-Boshet, who served a short time as Pharaoh before being executed. The hieroglyphs which the Egyptologists read as SE-Mench are actually ISH-Boshet. SE = ISH. The other error occurs because there are two alternative readings for the small chisel - one is MNCH (Indo-European e.g. latvian MI(N)CHA), MIEC- "to knead, strike" but the other is B[.....] which is Indo-European viz. Latvian PASIT (=BOSHET) "to strike at". The Egyptologists have chosen the wrong alternative of the two for Semenchkare.
Young ATON (Jon-ATHON) saved David's life and was his best friend, but was killed at an early age - according to the Bible - battling the Philistines, in a battle in which Saul ("old Aton") also lost his life. According to the Bible, the latter's body was mutilated by the Philistines and has thus never been found by the Egyptologists, probably having been buried somewhere in Canaan.
Tutankhamun never served as Pharaoh but was heir to the throne. This explains his having a royal cartouche but being excluded from the ancient lists of the kings of Egypt. He never manned the throne. His untimely death brought his best friend David onto the throne, and so Jonathon was buried in regal style by David, who had become King David = Sethos (Setoy).
Note in this regard that the alleged pharaoh Haremhab viz. Horemhab at this time was actually Hiram (also written Huram), King of Tyre, one of King David's best friends. Horemhab never served as sovereign Pharaoh of Egypt, contrary to the erred opinion of Egyptology, but was only a vice-regent (see http://www.varchive.org/tac/harcrown.htm) later given a royal status - whence the cartouche - by King David. Haremhab built many buildings for David (so the Bible) upon which he also placed his name as the builder of them - but pharaoh himself he was not, but only King of Tyre. The kingly reign attributed to him actually belonged to King David (Sethos viz. Setoy) and this is why in spite of two tombs being attributed to Haremhab by the Egyptologists, his mummy is not found among the mummies of the kings which have been recovered in the mummy depots. The Egyptologists incorrectly read "Tyre" on the hieroglyphs as DJOSER whereas Haremhab's cartouched hieroglyph showing the hand holding an object
is clearly to be read as TUR ("hold") i.e. TYRE and not DJOSER.
Nearly all of the furniture and treasures in the tomb of Tutankhamun are from a later period. The tomb was reopened and the holy vessels of the Mishnayot were hidden there, including the Ark of the Covenant (also called the Ark of the Law, Ark of the Testimony, Ark of God) with the tomb being resealed by the priests and the entrance being covered by tons of rubble - such tomb only having been found in our modern era by Howard Carter as the Tomb of Tutankhamun.
See in this regard
http://www.lexiline.com/lexiline/lexi80.htm and
http://www.lexiline.com/lexiline/lexi000.htm
for the hiding of the Ark of the Covenant and the holy vessels."
NEW PHOTOGRAPH at LAWPUNDIT: Today's Header Photo of Traben-Trarbach
There was nice sun today in town for the first time in weeks so I took the opportunity to create a new header photo of Traben-Trarbach for LawPundit.
The NEW SOCIALISM : Bailing out the Rich and "Acquiring" Foreign Countries via Credit Squeezes : The Risks and Costs are "Socialized" to the Taxpayers
If you oppose socialism, you are in for a real surprise, because you may - unknowingly - be among the biggest socialists of all - something that we have labeled the "NEW SOCIALISM".
We trace our initial political and economic understanding of this new socialism directly to a key insight of John Lanchester, who we refer to in a previous LawPundit posting at Laughing All the Way to the Bank - Dwight Garner reviews I.O.U.: Why Everyone Owes Everyone and No One Can Pay - by John Lanchester. Garner benignly identifies Lanchester's brilliant recognition of the NEW SOCIALISM as "black satire" when he writes as follows:
"“I.O.U.” crosses over into black satire when Mr. Lanchester describes how bankers used their new tools to make money from poor people, the worst credit risks, by prying their cash loose through predatory lending, then pooling this money and selling it off. Who cared if these people defaulted on their mortgages? The risk had already been passed along to others, and ultimately, when banks failed, to taxpayers. Mr. Lanchester calls this “a 100 percent pure form of socialism for the rich.”"That's quite right - but it is NOT really satire at its core. It is reality.
The rich continue to get richer and the poor continue to get poorer. How is that achieved?
Our first example of the NEW SOCIALISM is the bank impact - one year later - of last year's "bailout" of US financial institutions by the government, speak by the taxpayers. The Wall Street Journal at WSJ.com in Geithner Gets Some Credit—But Still No Cheers writes:
"The most biting critique isn't that the Obama-Geithner plan failed to stabilize the banks; rather, it's that it was too generous and worked so well that surviving banks are hampering the rewrite of finance rules needed to prevent a repeat. "Reform was put off until after the most powerful banks had grown even bigger, returned to profitability, and regained their political clout," economist Simon Johnson of the Massachusetts Institute of Technology writes in a forthcoming book."The surviving "bailed out" banks are flourishing again splendidly as winners of the bailout lottery - at the expense of the taxpayers and the little guys who essentially fund the banks' risks. That is all completely contrary to the economic and philosophical concepts of true capitalism, where the classic justification for permitting capitalists or entrepreneurs to take unconscionable profits is - by capitalist thinking - to greatly reward the capitalists' (alleged) economic risk-taking. But in fact, a smart capitalist today bears virtually NO RISK at all in financial dealings, preferring to speculate, as it were, with other people's money, i.e. the risk is "socialized" in a variety ways to the poorer "mass" of society, who bear the ultimate consequences as increasingly overburdened taxpayers, foreclosed mortgagees, unemployed persons, etc. The NEW SOCIALISM.
What is true at the level of the banks is equally true at the level of nation-states, where weaker countries are permitted to pile up exorbitant amounts of credit -- often to buy the goods and services offered by the countries who are providing that credit. Countries such as Latvia or Greece have put themselves into dire financial straits because WESTERN banks have extended too much credit to people and institutions in those countries, credit which was often used to buy things that the borrowers did not really need, such as armies of gas-guzzling motor vehicles.
As a good example, instead of the provision of sensible and futuristically viable public or private transportation in Riga and the Baltic States generally, everyone now has obtained a car for the now hopelessly clogged streets of the few large cities - all on credit of course, in countries which have not yet been retooled industrially or agriculturally to cope with the demands of world markets. How, except for selling off their lands and depleting their forests - the only natural economic resources that a country like e.g Latvia has - can such countries hope to pay off their debts? Where is the repayment money to come from?
That is the diabolical beauty of credit extended to developing nations who have no chance to repay the large sums of credit extended to them - the debt is then in fact used by the lender nations to gain other advantages. A country which can not be bought directly is bought indirectly. A few profit and the mass of citizens pays through the loss of their nation's natural resources.
Greece has put itself into such a difficult situation that we read headlines such as this one at the New York Times:
Germany, Forced to Buoy Greece, Rues Euro Shift - NYTimes.comand even America itself is implicated as a potential buy-out candidate:
Niall Ferguson: The Next Greece? It's The US!
Is it time to learn to speak Chinese?
Computer-implemented Claims Continue to be Rejected by USPTO Board of Patent Appeals and Interferences
Computer-implemented Claims Continue to be Rejected by USPTO Board of Patent Appeals and Interferences
As written by Eric M Shelton of McDermott Will & Emery:
"In a decision applying the Bilski “machine-or-transformation test” (see IP Update, Vol. 11, No. 11), the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (the Board) continued its practice of invalidating computer implemented method claims under § 101. Ex parte Gutta, Appeal No. 2008-3000 (BPAI, Jan. 15, 2010) (Pate, III, APJ)." [link added]Read Shelton's analysis here.
. . .
Practice Note: The U.S. Patent and Trademark Office (USPTO) recently issued guidelines for examination under § 101 (see IP Update, Vol. 12, No. 9 )."
Law and Ancient Texts? The Last UK University Palaeographer? King's College London to Shut Down UK's Only Palaeography Chair
Not much money in studying ancient texts.
Just ask the author of the posting you are now reading.
Hence, we are not surprised to read at The Guardian in Writing off the UK's last palaeographer that:
"The decision by a London university to axe the UK's only chair in palaeography has been met by outrage from the world's most eminent classicists. John Crace on why the study of ancient writings matters – and why history will be lost without it...."As Crace writes:
"Indus Valley script
Plenty more work to be done . . . palaeographers are yet to decipher the Indus Valley script....
Palaeographers are used to making sense of fragments of ancient manuscripts, but King's College London couldn't have been plainer when it announced recently that it was to close the UK's only chair of palaeography....
Not that palaeography has the answer to everything. No one has still made head or tail of Linear A (dating back to around 1900BC), and the Indus Valley script of the third millennium BC is still a mystery.
[Our comment: Maybe the politicians, journalists and academic mainstreamers alike, should first do their homework about the Phaistos Disc and about the Indus Valley Script, before they go into uninformed decisionmaking and propagandizing.
For example, in the Indus Valley Script pictured by Crace -
- as can easily be seen from my graphic at the top of the page of my blog at Indus Valley Script, with the human to be replaced by the upturned arrows and the comparable bow-type symbol, the Indus Valley script pictured by Crace marks the stars from the Winter Solstice to the Autumn Equinox ca. 2000 B.C. Obviously this a stamp - so the reverse is intended, i.e. from the Autumn Equinox to the Winter Solstice.]
But just days before King's made the announcement, its sister London institution, University College, was boasting how two of Ganz's former students, Dr Simon Corcoran and Dr Benet Salway, had pieced together 17 fragments of parchment that form an important Roman law code – believed to be the only original evidence yet discovered of the Gregorian Codex (a collection of constitutions upon which a substantial part of most modern European civil law systems are built) that had been thought lost for ever." [emphasis added]
Copyright Infringing Plagiarism or Literary Remix? AXOLOTL Roadkill a Literary Sensation in Berlin : Originality vs. Authenticity as a Legal Defense?
Copyright infringing plagiarism or literary remix? Will the real author please stand up.
In Author, 17, Says It’s ‘Mixing,’ Not Plagiarism, Nicholas Kulish at the NYTimes.com informs us that Helene Hegemann, a mere 17 years old - but daughter of Carl Hegemann, one of the most prominent and innovative dramaturgs in Europe, now a Professor at the Department of Dramaturgy in Leipzig - seems to be following in her father's footsteps and has landed a beststeller in Germany with her first book, Axolotl Roadkill, a novel just announced as a finalist for the $20,000 fiction prize of the Leipzig Book Fair - a nice gesture to one of their own?
It was Carl Hegemann:
"[W]ho developed the theoretical superstructure for this hybrid artistry: "A reality is no longer encountered, but brought forth by the ‘members’ of a culture.”But who really wrote this book?
One major problem with the book - as it turns out - is that:
"[A] blogger last week uncovered material in the novel taken from the less-well-known novel “Strobo,” by an author writing under the nom de plume Airen. In one case, an entire page was lifted with few changes."As written in Helene Hegemann, the art of cut and paste in the Berliner Zeitung in picking the "European of the 'Week":
"Helene Hegemann says she’s sorry, she knows it was wrong “not to mention all the people whose writings helped me”. And yet she stands by her novel: after all, “there’s no such thing as originality anyway, there’s only authenticity”. What’s more, she’s only a “lodger” in her own mind: “I help myself to whatever inspires me.”"Who is Airen? and what if there is some kind of a literary connection to Carl Hegemann?
As the legal mind would say - an interesting case.
Google's Blogger - Blogger.com - Will Not Support FTP Publishing After March 26, 2010
The Blogger decision at Google is a sign of the times, of course, as everyone is scrambling to get users onto their platform and not that of the competition, not the least of which is Google, who two days ago added Google Buzz to Google Mail (GMail) as a clear counter to Facebook."Dear FTP user:You are receiving this e-mail because one or more of your blogs at Blogger.com are set up to publish via FTP. We recently announced a planned shut-down of FTP support on Blogger Buzz (the official Blogger blog), and wanted to make sure you saw the announcement. We will be following up with more information via e-mail in the weeks ahead, and regularly updating a blog dedicated to this service shut-down here: http://blogger-ftp.blogspot.com/ .The full text of the announcement at Blogger Buzz follows.
Last May, we discussed a number of challenges facing[1] Blogger users who relied on FTP to publish their blogs. FTP remains a significant drain on our ability to improve Blogger: only .5% of active blogs are published via FTP — yet the percentage of our engineering resources devoted to supporting FTP vastly exceeds that. On top of this, critical infrastructure that our FTP support relies on at Google will soon become unavailable, which would require that we completely rewrite the code that handles our FTP processing.
Three years ago we launched Custom Domains[2] to give users the simplicity of Blogger, the scalability of Google hosting, and the flexibility of hosting your blog at your own URL. Last year's post discussed the advantages of custom domains over FTP[3] and addressed a number of reasons users have continued to use FTP publishing. (If you're interested in reading more about Custom Domains, our Help Center has a good overview[4] of how to use them on your blog.) In evaluating the investment needed to continue supporting FTP, we have decided that we could not justify diverting further engineering resources away from building new features for all users.
For that reason, we are announcing today that we will no longer support FTP publishing in Blogger after March 26, 2010. We realize that this will not necessarily be welcome news for some users, and we are committed to making the transition as seamless as possible. To that end:
- We are building a migration tool that will walk users through a migration from their current URL to a Blogger-managed URL (either a Custom Domain or a Blogspot URL) that will be available to all users the week of February 22. This tool will handle redirecting traffic from the old URL to the new URL, and will handle the vast majority of situations.
- We will be providing a dedicated blog[5] and help documentation
- Blogger team members will also be available to answer questions on the forum, comments on the blog, and in a few scheduled conference calls once the tool is released.
We have a number of big releases planned in 2010. While we recognize that this decision will frustrate some users, we look forward to showing you the many great things on the way. Thanks for using Blogger.Regards,Rick KlauBlogger Product Manager1600 Amphitheatre ParkwayMountain View, CA 9404"
e-LegalTechnology.org : A Specialist Directory & Resource Tool for Law Professionals
Legal Technology Companies, Law Firm Applications, Events, Conferences, Training, Jobs, White Papers, News
"e-LegalTechnology.org is a specialist directory and resource tool for lawyers, legal professionals and legal technology specialists. Our site offers detailed descriptions of hundreds of service providers, legal applications, events, seminars, webinars, white papers, articles, jobs and press releases all specific to the legal technology sector."
This is not an ad on our part but merely alerts our readers to this potentially useful website.
Awesome, the News that Readers Share Online - NYTimes.com
The Premier Supreme Court Fantasy League : Playing Like the 10th Justice
Unfortunately, we missed the start of "The Premier Supreme Court Fantasy League" this Supreme Court term, and it looks like great fun and a learning experience to boot, but our question is - who has sufficient time for this sort of thing? We are going to try it now, even though a bit late - if only as an additional instrument to hone our knowledge of Constitutional Law:
FantasySCOTUS.net | The Premier Supreme Court Fantasy League. Play Like The 10th Justice
Maryland Highway Chief: Watch the Super Bowl - Stay Out of Your Cars
Getting There: Drivers getting back to normal -- too fast (updated) - From roads to rails to runways, Michael Dresser tracks transportation - baltimoresun.com
"In a noon briefing, Gov. Martin O'Malley warned that road conditions remain dangerous despite progress in clearing the snow....
The highway chief urged Marylanders to watch the Super Bowl at home tonight rather than risk being on the road after the game."
Digging Out of the Blizzard: Trendsmap.com Shows the Twitter Real-Time Word of the Day in Snow-Affected Areas of the Eastern USA is SHOVEL
Trendsmap - which shows local real-time trends on a map of the world (the larger the word the more important) - currently shows that the real-time Twitter "Word of the Day" in snow areas of the Eastern USA is SHOVEL.
Take a look.
When push comes to shove, the practical things in life are the most important.
After all, there were up to 3 feet of snow in parts of Maryland, Virginia and West Virginia.
That is a lot of snow shoveling, folks.
Our best wishes go out to all of our readers in the snow-affected areas. Hang in there and help out your neighbors too, if you can. Slow and easy. You can't move that amount of snow instantly.
Snow? Global Warming? Natural Laws & Climate Change: Sun Enters New Solar Cycle: Sunspot Activity Forecasts : NCAR, NASA, Tidal Planets, Solar Dynamo
Global warming or snow? Whatever you may think of the climate now - it may change. What is current evidence for forecasting solar activity and climate in the next decade?
There are laws and then again there are LAWS - natural laws. Let us look at those natural laws.
Sexy science: Earth at the mercy of a restless Sun - at Times Online by Marcus du Sautoy tell us that_
"On January 19 a huge blast of light and energy erupted from the surface of the Sun, the equivalent of millions of atomic bombs being detonated. This event, called an M-class solar flare, was followed quickly by four more bursts of increasing magnitude from the same source — a sunspot.We are now in solar cycle number 24.
Solar flares are so powerful that they can wreak havoc with electricity grids on Earth and scramble GPS equipment. Some have further suggested that the Sun’s activity can affect the world’s climate. These recent flares herald the beginning of an increase in solar activity that is due to peak in the summer of 2013 as part of solar cycle number 24."
What does that mean for us and the climate in the next decade?
An NCAR (National Center for Atmospheric Research) News Release in the year 2006 titled Scientists Issue Unprecedented Forecast of Next Sunspot Cycle, showed the following graphics, which would have predicted more solar activity than in the previous sunspot cycle:

NASA, however, disagrees with NCAR in its solar cycle forecasts, and provides us with the following SPECTACULAR sunspot prediction graph, which predicts a much less powerful sunspot cycle than the solar cycle we have just gone through:

Who is right?
Let us look at the alleged causes of variations in solar activity.
A popular - if also scientifically controversial - explanation for sunspot cycles relies on Planet Tidal Theory, which is discussed at Landscheidt Cycles Research. The Planet Tidal Theory, which is based on planetary angular momentum and previous sunspot cycles, suggests we may be facing a Grand Minimum in the coming decade:

Although some mainstreamers scoff at Planetary Tidal Theory, it matches data derived from the study of the sun as dynamo, a model which predicts an upcoming Dalton Minimum.
A research paper recently published in the Journal of Atmospheric and Solar-Terrestrial Physics - hat tip to IceAgeNow.com and Dalton Minimum Returns - predicts a "Dalton Minimum", i.e. a minimum of sunspot activity at the currently approaching solar cycle sunspot maximum. The research paper, which relies on calculating the internal dynamo of the sun, was authored by C. de Jager and S. Duhau and published in Journal of Atmospheric and Solar-Terrestrial Physics, vol. 71 (2009), 239 – 245. Here is the abstract of that Research Paper - Forecasting the parameters of sunspot cycle 24 and beyond - from Science Direct:
"Solar variability is controlled by the internal dynamo which is a non-linear system. We develop a physical–statistical method for forecasting solar activity that takes into account the non-linear character of the solar dynamo. The method is based on the generally accepted mechanisms of the dynamo and on recently found systematic properties of the long-term solar variability. The amplitude modulation of the Schwabe cycle in dynamo's magnetic field components can be decomposed in an invariant transition level and three types of oscillations around it. The regularities that we observe in the behaviour of these oscillations during the last millennium enable us to forecast solar activity. We find that the system is presently undergoing a transition from the recent Grand Maximum to another regime. This transition started in 2000 and it is expected to end around the maximum of cycle 24, foreseen for 2014, with a maximum sunspot number Rmax=68±17. At that time a period of lower solar activity will start. That period will be one of regular oscillations, as occurred between 1730 and 1923. The first of these oscillations may even turn out to be as strongly negative as around 1810, in which case a short Grand Minimum similar to the Dalton one might develop. This moderate-to-low-activity episode is expected to last for at least one Gleissberg cycle (60–100 years)."Those same authors are also authors of an earlier "Rapid Communication" in that same journal titled Episodes of relative global warming which is abstracted as follows:
"Solar activity is regulated by the solar dynamo. The dynamo is a non-linear interplay between the equatorial and polar magnetic field components. So far, in Sun–climate studies, only the equatorial component has been considered as a possible driver of tropospheric temperature variations. We show that, next to this, there is a significant contribution of the polar component. Based on direct observations of proxy data for the two main solar magnetic fields components since 1844, we derive an empirical relation between tropospheric temperature variation and those of the solar equatorial and polar activities. When applying that relation to the period 1610–1995, we find some quasi-regular episodes of residual temperature increases and decreases, with semi-amplitudes up toBut that "present period of global warming" appears on the basis of their subsequent Research Paper, as already abstracted above, to be coming to an end.0.3 °C. The present period of global warming is one of them."
On the whole, the majority of the above sources seem to point toward lesser rather than greater solar activity in the currently starting sunspot cycle.
Did someone say snow?
U.S. Supreme Court Justice Anthony M. Kennedy Criticizes California Prisons and Attacks U.S. Criminal Sentencing (8 Times Longer than Europe)
The Los Angeles Times in a report by Carol J. Williams headlines that U.S. Justice [Anthony M.] Kennedy laments the state of prisons in California, writing:
"U.S. Supreme Court Justice Anthony M. Kennedy criticized California sentencing policies and crowded prisons Wednesday night, calling the influence that unionized prison guards had in passing the three-strikes law "sick."Kennedy is an expert in this field of legal inquiry. See the 2004 Report of the ABA Justice Kennedy Commission Fact Sheet which stated:
He said U.S. sentences are eight times longer than those issued by European courts."
"The United States imprisons more people than any other country in the world.The ABA subsequently issued a June 23, 2004 press release as follows:
- The nationwide inmate population today is about 2.1 million people. In California alone, there are more than 160,000 persons behind bars.
- Between 1974 and 2002, the number of inmates in federal and state prisons rose from 216,000 to 1,355,748, a more than six-fold increase.
- The likelihood of an American going to prison sometime in his or her life more than tripled between 1974 and 2001.
- According the U.S. Department of Justice Bureau of Justice Statistics, the number people incarcerated under state and federal jurisdictions per 100,000 of the total population grew from 139 in 1980 to 476 in 2002....
- In countries such as England, Italy, France and Germany, the incarceration rate is about 1 in 1,000 persons.
- Between 1982 and 1999, direct expenditures on corrections by federal, state and local governments jumped from $9 billion to $49 billion, an increase of more than 440%.
Over-reliance on incarceration disproportionately affects minorities.
- An African American male born in 2004 has a 32.2 percent likelihood of being incarcerated sometime during his lifetime....
- An African America male born in 2001 has a 1 in 3 chance of being imprisoned during his lifetime, compared to a 1 in 6 chance for a Latino male and a 1 in 17 chance for a white male. If current rates of incarceration continue, 32.2 percent of African American males born in 2001 will be incarcerated at some point in their lives, compared to 16.7 percent of Hispanic males and 5.9 percent of white males.
- About 10 percent of African-American men in their mid-to-late 20s are behind bars. In some cities more than half of young African-American men are under the supervision of the criminal justice system.
- More than 60 percent of the people behind bars in America are people of color.
- In 1999, African-Americans constituted 13 percent of drug users, Hispanics, 11 percent, and whites, 72 percent. In that same year, African-Americans constituted 35 percent of drug arrests, 53 percent of drug convictions, and 58 percent of those in prison for drug offenses.
Criminal justice systems do not prepare people to successfully reenter society.
- Approximately 95 percent of all inmates are eventually released.
- Nationwide, more than 650,000 inmates will be released from prison in 2004.
- According to the Criminal Justice Institute, the national recidivism rate in 2000 was almost 34 percent.
- In California, the state with the highest recidivism rate in the country, more than 55 percent of inmates released from prison return within 2 years.
Drug laws, particularly mandatory minimum sentences for drug crimes, are the largest driver of expanding prison populations.
- Between 1980 and 1990, the number of drug arrests almost doubled – from 581,000 to 1,090,000
- In 2001, the average federal drug trafficking sentence was 72.7 months, the average federal manslaughter sentence was 34.3 months, the average assault sentence was 37.7 months, and the average sexual abuse sentence was 65.2 months.
- In state court, the average sentence imposed in state courts for felony drug trafficking was 35 months."
"ABA COMMISSION CITES OVER-RELIANCE ON INCARCERATION, CALLS FOR NEW "SMART ON CRIME" APPROACHIn spite that report, little has been done in the United States to reform the criminal justice system or its draconian three-strikes sentencing system.
Recommendations presented to Supreme Court Justice Anthony M. Kennedy
WASHINGTON, D.C., June 23, 2004 - According to a report issued today by a special American Bar Association commission, America's criminal justice systems rely too heavily on incarceration and need to consider more effective alternatives.
"For more than 20 years, we have gotten tougher on crime," said ABA President Dennis W. Archer. "Now we need to get smarter. We can no longer sit by as more and more people-particularly in minority communities-are sent away for longer and longer periods of time while we make it more and more difficult for them to return to society after they serve their time. The system is broken. We need to fix it."
The recommendations, which do not reflect ABA policy, will be considered by the ABA House of Delegates for adoption as policy at its Annual Meeting in Atlanta, August 9 and 10.
Archer today joined Stephen Saltzburg, chair of the ABA Justice Kennedy Commission, in presenting the commission's recommendations to U.S. Supreme Court Justice Anthony M. Kennedy.
The recommendations, the result of a nearly year-long review of issues confronting state and federal criminal justice systems, address four primary sets of issues: sentencing and incarceration issues, racial and ethnic disparities in criminal justice systems, prison conditions and prisoner reentry issues, and pardons and clemency processes.
The commission noted that the United States imprisons more people than any other country in the world. With more than 2.1 million people behind bars, and some 650,000 set to be released this year, the commission urged jurisdictions to invest in programs that help inmates return to communities, provide alternatives to incarceration for offenders who would benefit from substance abuse and mental illness programs, and help eradicate the disproportionate impact "tough on crime" laws have on minorities. The commission also called on Congress to repeal mandatory minimum sentences.
"These recommendations are intended to make our criminal justice systems more effective and to utilize our limited resources more efficiently," said Saltzburg. "For too long we have focused almost exclusively on locking up criminals. We also need to look at the other side of the coin: what happens when they get out. We have to remember that roughly 95 percent of the people we lock up eventually get out. Our communities will be safer and our corrections budgets less strained if we better prepared inmates to successfully reenter society without returning to a life of crime."
The commission noted that about one-third of the more than 650,000 inmates who will be released this year can be expected to return to prison. Many of its recommendations are intended to help jurisdictions find ways to reduce the recidivism rate. One method, the commission noted, is for Congress and state legislatures to eliminate unnecessary legal barriers that make it difficult for some to become productive members of society. People with drug convictions-even minor possession charges, for example-are permanently ineligible for federal student loans, housing assistance or public assistance.
The commission also called on Congress to repeal mandatory minimum sentences, particularly with respect to drug crimes. "Mandatory minimum sentences tend to be tough on the wrong people," said Saltzburg. The commission's report notes that the average federal drug trafficking sentence was 72.7 months in 2001. By comparison, the average federal manslaughter sentence was 34.3 months, the average assault sentence was 37.7 months, and the average sexual abuse sentence was 65.2 months.
For minorities the situation is even more striking. The commission noted that an African American male born in 2004 has a 1 in 3 chance of being incarcerated sometime during his lifetime, compared to a 1 in 6 chance for a Latino male and a 1 in 17 chance for a white male. Nationwide about 10 percent of African American men in their mid-to-late 20s are behind bars. In some cities more than half of young African-American men are under the supervision of the criminal justice system.
The commission recommended numerous steps that jurisdictions across the country can take to address those problems. Among the highlights are proposals to:
* repeal mandatory minimum sentences;
* study and fund alternatives to incarceration for offenders who may benefit from treatment for substance abuse and mental illness
* develop and implement policies and procedures to combat racial and ethnic profiling;
* implement prison policies and programs that, from the beginning of incarceration, assist prisoners in preparing to reenter society by providing, for example, substance abuse treatment, educational and job training opportunities, and mental health counseling and services;
* identify and remove unnecessary legal barriers that prevent released inmates from successfully reentering society;
* establish community partnerships that include corrections and police officers, prosecutors, and community representatives committed to promoting successful reentry into the community and that measure their performance by the overall success of reentry;
* expand the use of executive clemency to reduce sentences, as well as other processes by which persons who have served their sentences can request a pardon, restoration of legal rights and relief from collateral disabilities.
* establish criminal justice racial and ethnic task forces to study and make recommendations concerning racial and ethnic disparity in the various stages of the criminal justice process; and
* establish reentry clinics in law schools in which students assist individuals who have been imprisoned and are seeking to reestablish themselves in the community, regain legal rights, or remove collateral disabilities
Archer formed the ABA Justice Kennedy Commission in October 2003 to address the "inadequacies - and the injustices - in our prison and correctional systems" identified by Justice Kennedy in his speech to the 2003 ABA Annual Meeting in San Francisco. In the months since, the commission has held public hearings in Washington, D.C., San Antonio, and Sacramento, Calif. During those hearings the commission heard testimony from more than 75 judges, prosecutors, defense lawyers, corrections officials, state and federal sentencing commissioners, former inmates, victims advocacy groups, and law enforcement officials.
For more information on the ABA Justice Kennedy Commission or a complete set of the commission's draft recommendations, visit the ABA Web site at www.abanews.org.
With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society."
Europe, for example, still has a much lower violent crime rate than the United States:
"The US homicide rate, which has declined substantially since 1991, is still among the highest in the industrialized world. Only the homicide rate of Northern Ireland in the early 1990s compares to that of the United States today. There were 17,034 murders in the United States in 2006[35] (666,160 murders from 1960 to 1996).[36] In 2004, there were 5.5 homicides for every 100,000 persons, roughly three times as high as Canada (1.9) and five times as high as Germany (1.0).[37][38] Most industrialized countries had homicide rates below the 2.5 mark. Overall the homicide rate in the United States was similar to that of some lesser developed Eastern European countries."It is of course not entirely correct to compare the United States and Europe directly, since each have different demographics, but there are a lot of people in jails and prisons in the United States who simply should not be there and for whom society must find OTHER solutions.
As written by Gary Fields in the Wall Street Journal (November 12, 2009) in U.S. Commission to Assess Mandatory Sentences:
"Congress has ordered the panel that advises judges on prison terms to conduct a review of mandatory-minimum sentences, a move that could lead to a dramatic rethinking of how the U.S. incarcerates its criminals.We wrote about this problem earlier at LawPundit in USA Drug Policy Flawed : 2.3 Million in Jail or Prison : Limits of the Criminal Sanction : Portugal Leads Way to Legal Reform & Drug Decriminalization.The review is a little-noticed element of the National Defense Authorization Act signed into law last month by President Barack Obama. The defense-spending bill calls on the commission to perform several tasks, including an examination of the impact of mandatory-minimum sentencing laws and alternatives to the practice."
Solutions are there to be had, but it would require some modernization of the American criminal justice system. Certain aspects of the American economic system also need be reformed and modernized, something which there is a reluctance to do. People must be taken off the streets - and then be put into gainful employment, not into jails and prisons.
A couple of interesting reads on these subjects are also found at:
Marijuana Policy Project (MPP):
- "Someone is arrested for a marijuana offense every 37 seconds.
- 89% of these are for marijuana possession — not for sale or manufacture.
- In the U.S., there are more arrests for marijuana possession each year than for all violent crimes combined.... Because MPP believes that the greatest harm associated with marijuana is prison, we focus on removing criminal penalties for marijuana use, with a particular emphasis on making marijuana medically available to seriously ill people who have the approval of their doctors."
UPDATE from the Washington Post, Don Thompson, February 6:
California law to free inmates early draws protests:
"A law that took effect last month that was intended to reduce inmate overcrowding by allowing early releases at state prisons and county jails is sowing confusion throughout California.Obviously, the place for violent criminals is jail and prison and these should not be let out. We are in fact in favor of far more stringent penalties for dangerous persons than exist today. In our view, the major legitimate purpose and justification of incarceration is to put such dangerous people behind bars.
Lawmakers of both parties have called for repealing and modifying parts of the law, a county deputies' union has filed a lawsuit asking a judge to block it and a loophole was exposed after an inmate with a violent past was arrested for attempted rape just hours after his release."
When we talk about getting people out of the jails and prisons, we are talking about the petty crimes and white-collar crimes - for which people should not be behind bars if they pose no danger to the public .
Index to the book, Stars, Stones and Scholars: The Decipherment of the Megaliths as an Ancient Survey of the Earth by Astronomy | by Andis Kaulins
INDEX to the book,
Stars, Stones and Scholars:
The Decipherment of the Megaliths as an Ancient Survey of the Earth by Astronomy
by Andis Kaulins, 422 pp., 6x9, ISBN: 9781412013444. The book has a 20-page two-column keyword index which we reproduce unformatted below for search purposes for those who might be interested in the immense scope of the subject matter covered by this book:
380 – The Keyword Index to Stars Stones and Scholars
- the numbers refer to the page numbers in the book where the keyword appears
A
Aaran – 52 Aberdeen - 42, 43, 63
Aborigines – 10 Aboyne - 44
Abruzzo – 275 Abydos - 34, 115, 308
Achernar - 160, 299 Aegean Sea - 22
Aeniad – 30 Aesculapius - 5, 97, 102, 168, 169, 280
Africa - 1, 3, 10, 11, 27, 30, 97, 99, 100-102, 167, 169, 226-228, 283, 300, 301, 309
African bracelet – 169 Aghade - 173, 175, 225
agriculture - 13, 22, 207 Ahrensburgian Culture - 17
Aill Na Mireann - 219, 220, 221 Ain - 12, 17, 19, 23, 345
Ain Ghazal - 12, 19, 23 Akita - 356, 358
Akkad – 27 Akkadian - 15
Aksum - 226, 228, 300, 301 Albania - 11
Albarosa – 280 Albersdorf - 244
Albion – 31 Aldebaran - 261, 324, 335, 361, 366
Aleutian Islands – 164 Alfriston - 145
Algonkians – 377 Allen, Richard Hinckley ("RHA") - see RHA
Allerton – 155 Alphard - 94, 122, 237, 366
Alphonsine Tables – 203 Alsace - 324, 338, 339
Altair - 48, 150, 151, 177 Altamira - 9
Altar Rock – 333 Altitona - 338, 339
Amazon – 164 amber - 20
America - 1, 3, 13, 164, 270, 278, 373, 377 Amman - 12, 19, 23
Ammerman, Albert – 13 Amon - 330
Amos – 8 Anatolia - 12, 18, 19, 22
Ancient Britain - 1, 2, 6, 27, 30, 41, 42, 44, 97, 103, 106, 113, 133, 170, 364
Ancient Ireland - 2, 187, 219 Ancient Near East - 9, 19
Andernach - 17, 273 Andisleben - 260
Andromeda - 15, 49, 65, 69, 105, 117, 127, 146, 147, 191-193, 225, 235, 258, 260, 275, 278, 305, 313, 323, 324, 333, 360, 363, 366
Anglesey - 165, 167 Anglo-Saxon - 88, 130, 139, 216
Animal, animals - 20, 68, 194, 224, 265, 284, 291, 305, 323, 339, 340, 376
Ankaa - 49, 50, 366, 368 Annaghmare - 177, 225
ant - 292, 293 Antarctica - 163, 164, 167
Antares – 52-58, 161, 170, 244, 325, 365 Antlia - 77, 91, 93
Antrim - 175, 176, 225 Apennines - 275
Apulia – 275 Apus - 82, 161
Aquarius - 15, 17, 66, 141-145, 189, 190, 258, 275, 321, 324, 338, 339, 366
Aquila - 31, 38, 45, 48, 79, 85, 95, 107, 108, 150-155, 175, 176, 177, 178, 222, 225, 234, 241, 242, 253, 258, 275, 279, 323, 324, 327, 342, 344, 346, 358, 363, 365, 366
Aquitaine – 324 Ara - 145, 161, 184, 188, 217
Arabia, Arabic, Arabs - 1, 10, 11, 39, 44, 45, 47, 57, 71, 100, 167, 173, 174, 203, 255, 260, 261, 271, 291, 299, 327, 339, 344, 354
Arbor Low - 5, 150, 151 Archaeogenetic – 10, 27
archaeologists, archaeology – 10, 13, 18, 21-23, 37, 54, 62, 64, 76, 84, 110, 133, 140, 161, 170, 171, 197, 207, 236, 266, 305, 309, 331, 359
archer – 331 Arcturus - 47, 62, 232, 365
Ardeche - 321, 322, 323, 324 Ardenne - 324, 343, 344
The Keyword Index to Stars Stones and Scholars - 381
Ardmore – 186 Ardristan - 71, 173, 174, 225
Argo - 5, 53, 77, 97, 168, 182, 198, 225, 275, 290, 291, 299, 369
Argonauts - 5, 77, 97, 98, 99, 100, 101, 164, 165, 169, 280
Argyll - 53, 77, 78, 79 Ariadne - 66, 104, 105
Aries - 15, 17, 48, 64, 68, 127, 141, 142, 223, 225, 235, 258, 278, 323, 324, 333, 366
arm - 139, 203, 291, 361 Armagh - 177, 225
arms - 15, 35 Arran - 51, 52, 73
Arras - 324, 342, 344 arrow - 17, 109, 158, 331, 364
Artapanus – 8 Arthur - 19, 97, 98, 105, 171, 194, 325
Arthur’s Stone Dorstone – 105 Arthur’s Stone Maen Ceti - 97, 171, 194
Asakusa – 358 Asia Minor - 30
Asian - 11, 366 Askwith Moor - 156
astronomers, astronomical, astronomy – 1-6, 8, 12, 15-18, 24, 28, 30-33, 37, 40, 44, 57, 62, 68, 73, 77, 80-85, 91-94, 97-103, 105-108, 112, 114, 116, 120, 125- 128, 133-137, , 140, 148-153, 163, 164, 170, 172, 176, 186-189, 193-195, 199, 205-208, 222, 224, 242, 250, 259, 260-264, 268, 269, 275, 278, 282, 289, 307-310, 313, 317, 318-324, 328, 330, 332, 336, 340, 341, 355, 360, 361, 362, 363, 369, 372, 374, 377
Astronomical Measure - 328, 369, 372
Asuka - 354, 355, 356, 357 Atlantic Ocean – 9
Atlas Mountains - 11, 30 Aubrey holes – 128
Aude – 335 Aughnacliffe - 204, 225
Auriga - 15, 18, 48, 69, 70, 201, 202, 225, 252, 257, 275, 278, 303, 323, 324, 333, 358, 363, 364, 366, 377
Australia – 10, 11, 163, 164, 283 Austria - 11
Autumn Equinox - 15, 39, 54, 168, 169, 170, 186, 245, 246, 317, 325, 328, 349, 364
Auvergne – 324 Avebury - 119, 139
Avieloch – 46 Aviemore - 46, 60, 62
Avize - 343, 344 Awanodake - 356
axe - 63, 154, 204, 263, 264, 346 axes - 9, 264, 303
Ayr – 51 Azerbaijan - 11
Azimuths – 40 Aztec - 164
B
Babylonian - 8, 39, 44 Badnabay - 47
Baildon Moor – 156 Balfarg - 48
Ballina – 207 Ballowall - 82
Ballybane - 183, 225 Ballyboher - 224, 225
Ballyedmonduff - 191, 192, 193, 194, 225 Ballykeel - 177, 225
Ballylowra - 200, 225 Ballymeanoch - 78
Ballynacloghy - 197, 225, 247 Ballyvatheen - 201, 225
Balnaguie – 47 Balnuaran - 1, 25, 28-32, 38, 45, 57, 162
Baltic - 1, 9, 10, 11, 12, 17, 20, 21, 27, 30, 31, 32, 34, 35, 39, 317, 318
Baltic Countries, History of – 17 Baltic Sea - 31, 34
Baltynanima - 223, 225 Banning, E.B. – 23
barbs – 15 Barclodiad y Gawres - 97, 165
Barnenez - 325, 346 Barnmeen - 189, 190, 225
barrows - 1, 2, 3, 133, 142 Barvaux - 236
Basilicata – 275 Basques - 27
bat – 365 Bath - 93
Bavaria – 274 Beaghmore - 187, 188, 225, 242
bear - 44, 88, 151, 195, 222, 323, 344 Bede - 31
Bedford – 148 Beijing - 363
382 – The Keyword Index to Stars Stones and Scholars
Beizhangtan – 362 Belarus - 27
Belas Knap – 105 Belgium – 229-236, 238, 247
Belmont Castle – 67 Bemersyde - 67
Berbers – 11, 30 Bergstrasse - 266
Berlin - 36, 242, 260 Bernburg - 260
Bessa – 275 Betelgeuse - 361
Bevis’s Thumb – 142 Biblical - 8, 30, 139, 333
Bidgood, W. – 134 Bielefeld - 250
Big Dipper - 29, 63, 88, 133, 212, 262, 270 Bihan - 345
bird - 6, 15, 20, 72, 93, 108, 109, 152-155, 159, 160, 175, 177, 190, 194, 206, 207, 212, 213, 222, 234, 239, 240, 242, 256, 258, 260, 272, 291, 299, 314, 320, 335, 341, 358, 360, 376, 377
Bird of Paradise - 159, 160 Bishopstone - 145
Bison – 323 Black Sea - 12, 19, 20, 21, 22, 23, 27
Blieskastel - 4, 78, 225, 237, 238 Blind Fiddler - 90
blood type, Rhesus – 30 blood types - 10
Blue Cairn – 44 boar - 20, 200, 239, 376
boat - 4, 34, 35, 53, 77, 144, 153, 164, 175, 182, 189, 257, 291, 302, 308, 315
boatbuilding – 34 bobbin - 92, 181
Bodmin Moor – 93 body - 15, 88, 160, 182, 262, 293, 296
Boeli - 4, 281, 282 Boeotia - 330
Boheh - 208, 225 Boian - 21, 22, 23
Boians – 21 bone tools - 9
Boötes - 31, 45, 46, 47, 59, 60, 61, 62, 88, 89, 91, 93, 105, 110, 122, 153, 154, 178, 191, 203, 215, 222, 225, 229, 232, 234, 245, 256, 258, 324, 327, 329, 330, 339, 374
Bord, Janet & Colin – 84 Bordeaux - 324
border stones – 1 borders - 1, 172, 220
Borders – 49 Borg-in-Nadur - 275, 294, 295
Borrowstone Rig – 64 Bosinski, G. - 17
Bosporus – 22 Bottoms - 82
Bouar - 100, 101, 102 Boubiers - 324, 341
boundaries - 2, 3 Bourg St. Maurice - 324
Bourgogne - 344 bow - 366
bracelet – 169 Braunschweig - 259
breastplate - 133, 134, 333 Brickell Point - 374
Bridestones – 152 Brigance - 30
Brignogan – 325 Brimble – 138
Brimham Rocks – 156 Brise - 349, 350
Britain - 2, 11, 20, 27, 30, 31, 42, 84, 100, 113, 115, 188, 242
British Isles - 4, 27-37, 107, 113, 163, 246 British Museum - 7, 330
Brittany - 31, 188, 242, 324, 325, 346, 347, 348, 349
Brizil – 327 Broceliande - 325
Brodgar – 54 Broomend of Crichie - 43, 50, 63
Broughton – 74 Bruay-la-Buissiere - 342, 344
Brutkamp – 244 Bucharn - 44
bucket - 17, 66, 339, 366 Budge - 33
Bugibba - 275, 296 bugle - 44
bull – 377 Bunsoh - 244
Burford – 115 Burgundy - 324, 344
Burial practices – 20 Burl, Aubrey - 31, 188, 242
Burren - 178, 225 Burtnieku Ezers - 11
Bush Barrow – 133 butterfly - 18, 323, 377
The Keyword Index to Stars Stones and Scholars - 383
C
Caelum - 76, 218, 318, 336 Caerwent - 105
Cahokia – 373 Cairn Baan - 77
Cairn Catto – 44 Cairn G - 216
Cairn of Get – 48 cairns - 1, 2, 3, 31, 37, 38, 48, 57, 171
Cairo - 8, 308 Cala Gilgati - 43
Calanais - 52, 54 Calderstones - 97, 155, 165
Caldicott – 105 Caledonians - 10
calendar - 4, 17, 102, 128, 370 calendric - 4, 136, 207, 266, 313
Callanish - 52, 54 Callippic Cycle - 128
Calzolari, Enrico - 4, 275, 277 Camaret - 325
Camelopardalis - 222, 225, 303, 324, 377 Campania - 275, 280
Camster – 48 Canada - 164, 377, 378
Cancer - 18, 51, 91, 100, 104, 122, 125, 128, 179, 180, 225, 252, 268, 324, 360, 366
Canes Venatici - 30, 258
Canis Major - 74, 79, 91, 98, 100, 122, 131, 164, 204, 225, 234, 274, 275, 280, 281, 284, 294, 295, 303, 318, 322, 323, 324, 335, 377
Canis Minor - 52, 122, 275, 334, 335 Canopus - 77, 82, 90, 100, 164, 182, 299
Capricorn - 4, 100, 126, 142, 144, 145, 152, 153, 155, 175, 176, 189, 190, 225, 258, 275, 303, 327, 360, 366
capstone - 166, 171, 177, 184, 197, 203, 212, 231, 232, 234, 331
Caput, Serpens – 168, 171, 257, 324, 325 Caribbean - 164
Carina - 53, 77, 82, 90, 164, 182, 183, 198, 225, 275, 285, 289-291, 298, 299, 369
Carlow - 173, 175, 225 Carn Brae - 82, 83
Carn Glas – 46 Carn Urnan - 47
Carnac - 4, 30, 34, 324, 325, 326, 327, 328, 329, 330, 349, 350, 351, 352
Carreg Samson – 170 Carrowkeel - 216, 225
Carrowmore - 216, 225 cartouche - 17, 100, 315
carvings - 2, 58, 125, 194, 267, 374, 375 Caspian Sea - 9
Cassiopeia - 4, 15, 45, 85, 99, 108, 127, 135, 191, 220, 222, 225, 235, 260, 261, 275, 277, 278, 279, 313, 323, 324, 333, 355, 357, 362, 366, 374
cat - 195, 265, 303 Catal Huyuk - 12, 18, 19, 27
Catigern – 145 Catstone - 220, 221, 225
cattle - 22, 315 Caucasus - 11, 314
Cauda, Serpens – 234, 257, 322, 323, 324, 325, 346, 347, 349, 352
Cavalli-Sforza, Luigi Luca – 13 Cavan - 178, 225
cave painters, cave paintings - 9, 14, 15, 17, 273, 321, 322, 323
caves - 2, 97, 194 CCR-5-delta-12 - 11
Cebalrai – 346 Céide Fields - 206, 207, 225
celestial equator - 2, 18, 38, 222, 261, 315 Celts, Celtic - 27, 47, 93, 216, 324
Centaurus - 53, 80, 82, 86, 87, 88, 89, 135, 154, 207, 208, 222, 225, 231, 232, 239, 259, 286, 287, 288, 296, 322, 323, 365
Central African Republic - 3, 100, 101, 102 Cepeda Peraza - 368
Cepheus - 33, 38, 40, 41, 42, 43, 44, 45, 63, 84, 85, 99, 102, 105, 108, 115, 117, 146, 147, 222, 225, 235, 245, 258, 259, 279, 313, 323, 324, 327, 343, 344, 353, 354, 355, 357, 359, 362, 365, 366, 374
ceramics - 11, 22 Cerne Giant - 114, 139
Cetus - 15, 17, 50, 64, 65, 67, 68, 76, 141, 142, 224, 225, 278, 333
Chac – 368 Chacmultun - 368
Chadlington – 118 Chalons-sur-Marne - 324
Chamaeleon - 160, 275, 295, 299 Champ Dolent - 346
Champagne - 324, 343, 344 Channel Islands - 324, 331, 332
384 – The Keyword Index to Stars Stones and Scholars
Chartres – 324 Chateau-Ville-Vieille - 324, 335
Chauvet-Pont-d’Arc, Cave Wall Paintings - 14, 321, 322, 323, 324
Cheops - 33, 228, 252, 254, 301, 310-313 Chephren – 33
Chianca - 280, 281 child - 253, 256, 267, 291
China – 11, 93, 164, 283, 354, 359-366 chipmunk - 147, 340
Chipping Norton – 115 Christianity – 284
Chronicles of Japan – 355 chronology - 7, 8, 83
Chunhuhub – 368 Cimmerians – 30
Circinus - 82, 259 Cissbury Ring - 142
civilization - 7, 8, 9-15, 20, 22, 34 Clackmannanshire – 64
Clare - 180, 181, 225 Clark, Grahame - 14
Clava Cairns - 1, 2, 24-33, 37-40, 45, 46, 50, 54, 57, 58, 59, 74, 162, 319
Clermont-Ferrand - 324, 334, 335, 339 Clermont-L-‘Hérault - 324
clock - 134, 136, 355 Cloghstuckagh - 221, 222, 225
Clonkeen - 201, 202, 225 Cloppenburg - 246
Clottes, Jean - 6, 15 club - 31, 153, 154
Cluny – 344 Clutter’s Cave - 113
Clyde River - 39, 73 Cnoc Freiceadain - 48
Cobh – 182 Coignafeuinternich - 47
Coille na Borgie – 48 Coldrum - 145
Columba - 74, 218, 324, 336 colure - 38, 45, 47
Coma Berenices - 30, 62, 94, 122, 178, 256, 258, 303, 330, 365
Commana - 325, 345 Compton's Encyclopedia - 17
conger eel – 65 Congleton - 152
Congy - 324, 343, 344 Connecticut - 373
Coombe Hill – 143 copper - 311
cord - 65, 89, 366 cord of the fish - 2, 66
Cork - 182, 183, 198, 225 Cornwall - 63, 82, 84-88, 91, 139, 299
Corona Australis - 55, 80, 88, 158, 165, 166, 184, 222, 373
Corona Borealis - 45, 91, 110, 154, 178, 188, 222, 234, 245, 257, 330, 339, 365, 373
Corrimony – 47 Corringdon - 91, 93
Corsica - 4, 232, 275, 276, 278, 284
Corvus - 78, 83, 94, 122, 154, 206, 207, 215, 222, 225, 231, 239, 240, 256, 258, 365
Cosmic Egg - 98, 100, 204, 280, 284 Cotswolds - 117
Couches – 324 Coumaraglin - 218, 225
Counozouls - 324, 335 County Antrim - 176
County Armagh – 177 County Carlow - 173
County Cavan – 178 County Clare - 179
County Cork – 182 County Delitzsch - 261
County Derry – 184 County Donegal - 186
County Down - 189, 190 County Dublin - 191
County Fermanagh – 195 County Galway - 197
County Kerry – 198 County Kildare - 199
County Kilkenny – 200 County Laois - 202
County Leitrim – 203 County Limerick - 204
County Louth – 205 County Mayo - 208
County Meath – 209 County Offaly - 202
County Roscommon – 213 County Sligo - 215
County Tipperary – 217 County Tyrone - 187
County Waterford – 218 County Westmeath - 220
County Wexford – 224 County Wicklow – 223
cow - 15, 17, 259 crab – 303
The Keyword Index to Stars Stones and Scholars - 385
Crater - 78, 94, 206, 207, 222, 225, 231, 255, 256, 258
Creevykeel - 192, 193, 214, 215, 225 Creswell Crags - 153, 154
Crete - 226, 228, 300 Crieff - 48, 70
Crimea – 21 Cro-Magnon - 9, 20, 307
Crozon – 325 Crucuno - 327
Crux - 82, 89, 154, 183, 208, 222, 225, 231, 232, 239, 275, 286, 287, 288, 289, 365
Cuchulain - 205, 206 Cuff Hill - 51
Culburnie – 47 Cullerlie - 43, 63
culture, cultures - 7, 9, 12, 13, 14, 15, 17, 20, 21, 22, 23, 259, 305, 307, 341, 354
Cumbria - 163
cupmarks - 2, 3, 6, 31, 37, 38, 40, 50, 54, 56, 69, 72, 74, 100, 119, 125, 139, 147, 151, 155, 158, 182, 190, 208, 209, 212, 237, 313, 317, 336
Cursus – 161 Cyclops - 100
Cygnus - 31, 38, 42-45, 79, 85, 105-108, 112, 118, 148, 154, 175, 178, 205, 212, 216, 222, 225, 234, 241-245, 258, 275, 279, 323, 327, 341, 357, 358, 359, 360, 363
Cymry – 30 Czechoslovakia - 11
D
dagger - 199, 264 Dainas - 92, 211, 288
Danube – 22 David, Nicholas – 102
Dechend, Hertha von – 125 deer - 20, 195, 315, 366
Delitzsch – 261 Delphinus - 242, 342, 344, 358
Denbury - 97, 103, 104 dendrochronology - 8
Deneb - 44, 45, 58, 72, 85, 106, 108, 112, 118, 189, 212, 216, 365, 366
Denghoog - 244, 245 Denisova, Raisa - 9, 11, 12
Denmark - 11, 12 Denton Moor - 156
Derbyshire - 150, 151, 152 Derry - 185, 225
Derrynablaha - 198, 225 Detmold - 250
Devil’s Ring and Finger - 152, 155 Devon - 91, 97, 103, 181
Diphda – 50 distaff - 30
Djer - 115, 116 DNA - 13
Dnieper - 12, 20, 21 Dnieper-Donets - 12, 21
Dniester Bug – 22 Doddington Moor – 50
dog - 20, 206, 258, 270, 303, 340, 377 Dol de Bretagne - 325, 346
dolmen - 1, 2, 3, 31, 37, 86, 181, 184, 203, 218, 225, 229, 231, 232, 233, 234, 235, 243, 244, 245, 247, 248, 262, 270, 280, 324, 327, 331, 336, 344, 345, 351, 355, 357
dolphin - 58, 185 domestication of large animals - 22
Donegal - 186, 187 Doones - 63
Dorado - 164, 299 Dordogne - 15, 343, 344
Dornafield – 104 Douai - 342, 344
Douarnenez – 325 Down County - 189
Draco - 33, 38, 44, 72, 99, 102, 105, 107, 113, 118, 178, 209, 210, 215, 222, 225, 232, 245, 248, 258, 313, 323, 327, 351, 354, 375
Dragon - 38, 57, 359, 360, 363, 364, 365 Draguignan - 324
Dresden – 261 Druid - 61, 62, 133, 134
Druid Temple - 46, 61, 62 Drumelzier Haugh – 74
Drumnart - 212, 225 Drumtroddan - 75, 76
Dschubba - 58, 161, 170, 325 Dublin - 191, 192, 193, 194, 225
duck – 15 Duggleby Howe - 160
Duhr – 313 Dumfries - 51, 73, 75, 76
Dumfries and Galloway – 51 Dunbavin, Paul - 31
Dunstable - 148, 149 Durbuy – 236
386 – The Keyword Index to Stars Stones and Scholars
E
eagle - 108, 150 Earn - 48
Earth – 1-7, 43, 66, 77, 83, 97-102, 164, 228, 242, 276, 284, 299, 301, 309-313, 359
earthworks – 1-4, 97, 103, 129, 142, 149, 176, 188, 207, 238, 260, 299, 327, 339
Easter Aquhorthies - 43, 63 Eber, Eberus - 30
Eckert, R. – 11 eclipses - 4, 8, 83, 120, 128
ecliptic - 2, 4, 18, 37, 38, 62, 125, 186, 222, 261, 369
Edinburgh - 49, 65, 68 eels - 6, 49, 71, 131, 173, 174, 185, 208
Egypt, Egyptian - 5, 8, 10, 12, 15-18, 21, 27, 30, 31-38, 50, 76, 93, 100, 107, 115, 116, 142, 151, 170, 175, 196, 222, 301, 304-310, 313, 314, 315, 327, 330, 352, 362
Einstein – 133 Eire - 172, 173, 220
elephant - 157, 182, 190 Elgin - 44
elk - 20, 296, 303, 315 Eller Wood - 156
Embo – 47 Emilia Romagna - 275
empty space - 69, 74, 76, 152, 176 Encyclopaedia Britannica - 9, 30, 330
England, English - 1, 2, 4, 9, 10, 14, 27, 44, 81, 82, 90, 91, 97, 101, 105, 113, 114, 137, 141-151, 156, 160, 181, 190, 199, 211, 260, 280, 299, 331, 339
Enif - 205, 206, 258, 303, 366 Enkirch - 272
Enrico Calzolari - 4, 277 Enstone - 117, 147
equinoxes - 15, 18, 45, 47, 58, 63, 69, 74, 83, 85, 93, 135, 161, 251, 258, 318, 328
Er Lannic – 327 Eratosthenes - 310
Eridanus - 4, 49, 51, 72, 75, 114, 160, 218, 225, 245, 299, 318, 324, 333, 336, 366
Escher - 96, 98 Eslie - 43, 63
Estonia - 11, 32, 34, 39, 317, 318, 319 Ethiopia - 228, 300, 301
Europe, European, Europeans – 4-13, 17, 20, 22, 27, 30, 34, 97, 115, 116, 137, 226-229, 237, 250, 262, 275, 278, 283, 300, 315, 322, 324
Externsteine - 249, 250, 251, 252, 253, 254, 255, 256, 257, 258
eyes - 5, 212, 213, 291, 293, 296 Eyre – 80
F
face – 101 Faleyrens - 344
False Cross - 90, 182, 183, 222, 368, 369 family - 41, 43, 256
Far East - 3, 163 father - 41, 43
Fayel – 341 feet - 15, 113, 160, 222, 254, 291, 310
Fell, Barry – 142 Felsberg - 266
Felsenmeer - 265, 266 female - 27, 110, 115, 138, 279, 339
Fenagh Beg - 203, 225 Fengtai - 363
Fergus – 30 Fermanagh - 195, 196, 225
Ferschweiler Plateau - 239, 240 Ferthair - 30
Fife - 48, 49, 64 Filitosa - 4, 232, 284
Finistere – 346 Finland - 11
Firle Beacon – 143 Fiscary - 48
fish - 15, 58, 138, 155, 166, 176, 190, 376 fishermen’s net – 80
flail - 365 flankers – 40
flood - 19, 33, 34 Florida - 164, 374
Flying Serpent, Draco – 33 Folkington - 145
Fomalhaut – 368 Fossum - 302
Fowlis Wester - 3, 70 fox - 20, 303, 365
France - 1, 4, 6, 9, 11-17, 30, 270, 275, 276, 307-327, 330, 331, 335, 336, 339, 349
Franche Comte – 324 Fraserburgh - 44
French - 14, 213, 238, 324, 333, 341, 344 French Riviera - 324, 333
Fresnicourt - 342, 344 Friuli Venezia Giulia – 275
The Keyword Index to Stars Stones and Scholars - 387
G
Gadol - 19, 27, 133, 134, 333 Gaels - 77
Gaetuli, Gaetulia - 19, 27, 30 Gaidel, Gaidels - 19, 27
Galactic Equator - 289, 293 Galactic Pole - 62, 182, 328, 330
Galashiels - 50, 64, 66 Galaxy - 54, 107, 223, 365
Gallardet – 336 Galloway - 51, 73, 75, 76
Galway - 197, 225 Gambia - 226, 228, 300, 301
Gansu - 360, 361 Gantenbrink, Rudolf - 311
Gardom’s Edge – 152 Garfinkel, Yosef - 22, 23
Gargantua – 340 Gargas - 6
Garman – 224 Gask - 46
Gatcombe – 105 Gavrinis - 326, 327, 349, 351
Gemini - 15, 51, 52, 92, 122, 125, 130, 135, 138, 200, 201, 202, 225, 252, 257, 265, 266, 267, 268, 275, 280, 303, 324, 333, 334, 335, 337, 339, 356, 358, 361, 366
gene mutation – 11 genetics - 7, 10, 13, 27
geodetic, geodetic survey – 1-5, 37-40, 54, 73, 77, 82, 91, 97, 98, 103, 105, 106, 108, 112, 114, 118, 137, 151, 158, 160, 163, 164, 186, 187, 189, 193, 195, 199, 207, 227, 228, 242, 250, 259, 260, 263, 266, 267, 268, 270, 275, 276, 278, 282, 301, 309, 310, 317, 318, 319, 324, 327, 330, 331, 336, 340, 341, 344, 349, 354, 374, 377
Georgia, Caucasus - 11
German - 6, 8, 13, 15, 22, 44, 207, 211, 230, 238, 250, 259, 260-267, 274, 313, 339
German Archaeological Institute – 13 Germanic - 237, 238, 260, 269, 270, 313
Germany - 1, 4, 11, 17, 34, 78, 225, 229, 230, 237-251, 259, 266, 270
Ggantija - 275, 286, 287, 288, 289 Ghazal - 19
giant - 15, 40, 52, 65, 257, 262, 301, 346 Giant’s House - 94
Gibraltar - 30, 229 Gienah - 112, 261
Gilgati – 43 Gimbutas, Marija - 13, 20, 21, 22, 34
Gingrich, Owen – 83 Giza - 27, 28, 33, 250, 310, 328
Glasgow - 39, 51, 73, 77 Glassel - 44
Glencullen – 191 Gleninsheen - 180, 181, 225
Globe Stone - 165, 167 Gloucester - 105, 117
goat – 190 Gobekli Tepe - 12
God - 8, 284 Goddess, Civilization of the - 13, 20, 34
Goddess, Mut – 330 Goddess, Red - 271, 272
Gogar Stone – 65 gold plate - 133
gold torque - 61, 62 Golden Stag - 259
golf - 269, 331 Gollenstein - 4, 78, 225, 237, 238
Gönnersdorf – 273 goose - 107, 108, 341, 358
Gori, Davide – 277 Gotland - 11
Göttingen – 264 Gourhet-Bréhet - 30
Gozo - 275, 276, 278, 285, 286, 289 grain threshing - 365
Grampian - 43, 63 Grand Menhir Brise - 349
Grande Borne – 335 grandparents - 256
granite - 190, 194 graphics software - 3
Great Flood - 18, 19, 27, 33 Great Mound - 137, 362
Great Square - 287, 303, 305 Great Wall – 359-364
Great Wolds Valley – 160 Greater Eslie - 43
Greece - 11, 27 Greek - 15, 30, 47, 130, 310, 327
Greek mythology – 15 Großenkneten - 246
Grossenrode – 264 Grus - 145, 275, 368
Guatemala – 371 Gudda - 27
Gudensberg-Maden – 262 Guernsey - 324, 331
388 – The Keyword Index to Stars Stones and Scholars
H
Hadrian’s Wall - 4, 50, 114 Hagar’Qim - 275, 297
Hal Saflieni - 291, 298, 299 Hameln - 250
hand - 13, 23, 115, 152, 155, 181, 203, 253, 260, 262, 266, 291, 323, 361
Hannover – 250 Hanuman, monkey - 333, 366
Harewood Greystone - 156, 158 Harold’s Stones - 105, 118
harpoon - 15, 17, 158 Harris - 53, 54, 77
Harrogate - 156, 158 Hasumi Yasui - 364
hat - 74, 175, 339 Hauptmann, Harald - 13
Haute (Midi) Pyrenees – 6 Haute-Normandie - 340
Hawkes, Jason – 84 Hawkins, Gerald - 120, 126, 128
head - 15, 31, 33, 44, 58, 68, 69, 74, 84, 91-93, 107-109, 113, 122, 139, 161, 167-171, 174-176, 184, 186, 190, 194, 204-210, 218, 222, 223, 231, 236, 242, 246, 248, 254-257, 261, 291-296, 299, 313, 327, 339, 341, 349, 351, 358, 360-369, 374-377
heart - 323, 365 Heath, Therfield - 148
heaven - 1, 2, 3, 4, 5, 24, 33, 37, 38, 39, 44, 54, 56, 57, 66, 74, 76, 77, 79, 88, 90, 93, 98, 100, 101, 104, 106, 107, 113, 131, 133, 137, 139, 148, 150, 170, 172, 190, 192, 193, 194, 201, 211, 214, 225, 242, 246, 251, 255, 257, 258, 262, 266, 270, 273, 284, 285, 287, 288, 289, 299, 302, 303, 305, 313, 316, 319, 323, 327, 328, 329, 332, 335, 349, 353, 359, 362, 370, 372, 375
Hebrew - 1, 8, 27, 44, 45, 57, 133, 313, 333, 354
Hebrew High Priest - 27, 133 Hebrews - 10, 11, 30
Hecang - 363, 364 Heel Stone - 130, 131
Heidenstein – 274 Heifetz, Milton D. - 83, 189, 360
Hele - 130, 139 Helfenstein - 262
Hembury – 91 hen - 44, 160, 253
Hercules - 45, 47, 152-155, 178, 195, 222, 225, 234, 245, 253, 257, 324, 340, 365
Hereford – 105 Herefordshire Beacon - 1, 105, 113, 114
hermetic - 1, 37, 57, 86, 87, 88, 90, 164, 284, 313, 359, 360
Hermitage – 316 Hevelius - 48
Hexi Corridor – 361 Hibernia - 30
Hierakonpolis - 175, 260, 305, 306, 307, 309, 314
hieroglyphs - 8, 76, 142, 196 Hill o’ Many Stones - 48
Hindu - 4, 52, 345 hippopotamus - 157, 305
Hoar Stones - 105, 117, 147 Hokkaido - 358
Holestone Crag – 176 Holland - 34
Hollstein, Ernst – 8 Holtorf, Cornelius - 242
Honshu - 356, 357, 358 hook - 15, 17
Hor-Aha - 5, 98 horn(s) – 15, 222, 259, 323, 353, 359
Horologium - 218, 299 horse - 22, 165, 222, 260, 278, 323, 366
Houdain - 342, 344 Höxter - 250
Hu the Mighty - 30, 33 Huangyaguan - 363
Huelgoat - 325, 348 Hügelgräber - 269
human figure - 16, 74, 266, 296 humanity - 5
Hunnenstein – 274 Hunsrück - 269, 270, 272
Hunt. hunter - 13, 145, 305, 366 Hunt Palette - 305
Hunter’s Burgh – 143 Hurlers - 84, 85, 86, 139
Hyades - 2, 15, 50, 140, 174, 200, 225, 275, 318, 319, 320, 323, 333, 335, 361
Hydra - 4, 53, 78, 82, 83, 91-94122, 128, 154, 181, 197, 207, 222, 225, 231, 237, 238, 247, 251, 254, 258, 268, 324, 327, 344, 349, 350, 351, 364, 365, 366, 373, 374
Hydrus - 54, 56, 66, 80, 145, 160, 161, 162, 164, 299, 309, 368, 369
Hypogeum - 275, 291, 298, 299
The Keyword Index to Stars Stones and Scholars - 389
I
Ice Age - 12, 17, 33, 34 Ignatievka - 9, 16, 17
Ilkley Archaeological Group – 156 Indians - 11
Indo-European - 5, 11, 58, 73, 92, 181, 202, 203, 207, 211, 222, 286, 291, 292, 315, 317, 324, 345
Indonesia – 283
Indus Valley – 34, 145, 156, 157, 165, 166, 184, 190, 283, 368
Innerleithen – 72
Inverness - 25, 28, 29, 38, 45, 46, 57, 60, 61, 62, 319
Iraq - 22
Ireland - 4, 6, 11, 30, 31, 44, 49, 71, 92, 100, 103, 172, 173, 174, 175, 176, 178, 181, 186, 187, 188, 189, 191, 194, 203, 207, 212, 215, 217, 220, 222-225, 242, 247
Irish - 27, 30, 31, 77, 115, 173, 200, 205, 207, 213, 220, 288
Irminsul – 138 Ishibutai dolmen - 355, 357
Isle of Man - 5, 88, 98, 165 Israel - 19, 22, 23, 133, 333
Italian - 44, 228, 275, 280, 286
Italy - 4, 11, 275, 276, 277, 278, 280, 281, 282, 300, 301
Itzimte – 368 Ivanov, V.V. - 11
J
Janzé – 325 Japan - 12, 37, 164, 354, 355, 358
Jason – 5, 98, 99, 151, 164, 165, 280 Jericho - 19, 23
Jersey - 324, 331, 332 Jiuquan - 361
Jomon Culture, Japan – 12 Jordan - 12, 19, 23
Jostandis – 260 Julieberries - 145
Jupiter – 4 Justice Stone - 65
K
Kabah – 368 Kafafi, Zeidan - 19
Kaiechos – 196 Kameishi - 354, 355
Kanayama – 358 kangaroo - 164
Kapova – 9 Karelia - 315
Karnak – 330 Kassel - 262, 263
Katav-Ivanovsk - 17 Kaulins, Andis - 1, 10, 25, 29, 172, 250
Kellersteine – 247 Kelley, David B. - 360
Kelus – 10 Kelvingrove - 39, 73
Kent - 96, 145
Kents Cavern - 5, 91, 95, 96, 97, 98, 99, 100, 104, 153, 190, 191, 280
Kerampaulven – 348 Kercado - 327, 352
Kergo – 327 Kerguntuil - 349
Kerioned - 327, 352 Kerlagat - 327
Kerlescan - 327, 353 Kermario - 327, 351
Kerroch – 327 Kerry - 182, 198, 225
Khasekhemwy – 17 Khons - 330
Kiaupa, Zigmantas – 17 Kiel - 244
Kielder Stone – 50 Kildare - 199
Kilimanjaro – 100 Kilkenny - 200, 201, 225
Killadeas - 195, 196, 225 Kilmartin - 52, 77, 78
Kilmichael Glassary – 79 Kilmihil - 180, 181, 225
Kinbrace – 48 King Arthur - 5, 98, 105, 163, 164, 171
King Orry - 5, 98, 101, 102 Kings Men - 106, 107, 110, 111
Kings Stone - 106, 107, 108, 109, 341 Kintyre – 51
390 – The Keyword Index to Stars Stones and Scholars
Kirchhain-Langenstein – 264 Kit’s Coty - 145
Kiuic – 368 Kleinenkneten - 246
knife – 15 Knights of the Round Table - 5, 98
Knights, Whispering – 112 Knockeen - 218, 225
Knossos - 226, 228, 300, 301 Knowlton Rings - 2, 140
Knowth - 209, 210, 225 Konya - 18
Korea – 11 Krupp, E.C. - 330
kudurri – 1 Kunda Culture - 17
Kurgan - 34, 314 Kyffhäuser - 260
Kyhna – 261 Kyoto - 354
Kyushu - 358
L
L’Ancresse Bay – 331 La Bretellière - 324, 338, 339
La Hogue Bie - 331, 332 La Longue Rocque - 331
La Spezia - 4, 227, 275, 277, 278, 279, 300, 301
La Temblais – 325 La Trinitè sur Mer - 327
La Varde Dolmen – 331 Labna - 368
Lacerta - 44, 84, 85, 108, 117, 146, 147, 205, 206, 225, 235, 245, 258, 323, 344, 360, 363, 366
Lagmore – 44 LAIKS - 11
Lake Onega – 316 lamb - 139
Lamorna – 82 Lamorna Cave - 82, 90
Lancashire - 155
landmarks - 1, 22, 100, 142, 262, 328, 359, 360
Lange Stein - 264, 267, 268 Langsteiner Wiener B - 11
Languedoc – 324 Lannion - 325
Lanvénael – 325 Lanyon Quoit - 82, 86, 87
Lanzhou – 362 Laois - 201, 225
Laozi - 361
Large Magellanic Cloud - 3, 82, 90, 159, 182, 218, 299, 309
Lascaux - 6, 9, 14, 15, 16, 17, 224, 253, 273, 307, 320, 321, 322, 324
latitude - 126, 228, 301
Latvia - 9, 11, 12, 20, 318, 319, 366
Latvian - 5, 11, 21, 22, 30, 31, 33, 43, 45, 47, 50, 52, 58, 63, 65, 92, 112, 142, 181, 195, 196, 202, 203, 207, 211, 218, 222, 253, 262, 275, 286, 288, 291, 292, 313, 318, 324, 327, 339, 345
Lauder - 64, 66 Lazio - 275
Le Balat – 31 Le Creux es Faies - 331
Le Dehus – 331 Le Plec - 30
Le Trepid – 331 Leachonich - 47
Lécluse – 344 Leda - 15
Leeds – 157 Legend Rock - 373
legends - 27, 30, 54, 88, 97, 100, 107, 115 legs - 18, 68, 79, 182, 190, 322, 323
Lehmsiek – 244 Leighterton - 105
Leipzig – 261 Leitrim - 225
Leitrim County - 203
Leo - 15, 45, 52, 53, 91, 92, 94, 104, 122, 123, 128, 181, 190, 197, 222, 225, 247, 255, 258, 264, 270, 271, 303, 313, 321, 324, 327, 366
Lepenski Vir - 21, 22 Lepus - 252, 324
Lerici - 275, 277, 278 Les Bonnets - 342, 344
Les Fouaillages – 331 Lesconil – 325
The Keyword Index to Stars Stones and Scholars - 391
Lesser Eslie – 43 Lewes - 2, 4, 142, 143, 144, 145
Lewis – 9 Lewis, Island - 52, 53, 54, 77
Lewis-Williams, David - 6, 15 LexiLine.com - 8, 17, 133, 333
Leys Castle - 61, 62 Lezardrieux - 325
Lia Fail - 209, 211 Liagans - 180, 181, 225
Liangzhou – 361 Liaotung - 360
Libra - 52, 186, 222, 231, 256, 258, 324, 327, 339, 360, 365
Liguria - 275, 277, 278 Lille - 324
Limerick - 204, 225 Limoges - 324
Limousin – 324 Ling Tai - 362
Lisbunny - 217, 225 Liskeard - 94
Lithuanian - 11, 92, 260, 318, 354 Little Heaven - 145
Litziger Lay – 272 Liverpool - 155, 165
lizard - 117, 147 LMC - 82, 90, 182, 218, 299, 336
Loch Borralan – 47 Loch of Garman - 224
Lockyer, Norman - 125, 126 Locmariaquer - 326, 327, 349, 350
Lodian – 23 Loire - 324, 337, 339, 344
Lomas, Robert – 31 Lombardy - 275
Londonderry - 184, 185 Long Stone - 117, 264, 267
Long, William - 132, 133, 134 Longford - 204, 225
Longformacus – 66 longitude - 228, 301
loom - 92, 181 Lordenshaws - 49, 50, 72
Lorraine - 324, 339 Lothian - 49
Loudon Wood – 44 Lough Gur - 204, 225
Louth - 205, 225 Loze, Ilze - 12
Lukaszewicz – 10 lunar mansions - 128, 364, 365, 366
Lund in Links - 48
Lupus - 52, 53, 80, 82, 86, 87, 88, 89, 165, 166, 222, 259, 322, 323, 336, 365
Luxembourg - 230, 239, 240 Lyneham - 105, 115
Lynx - 52, 195, 265, 280, 323 Lyon - 324
Lyra - 44, 107, 178, 222, 234, 241, 242, 258, 322, 323
M
MacBain’s Gaelic Dictionary - 5, 207, 222, 224
Macbeth Stone – 67 MacFarlane's Gaelic Dictionary - 207
Machrie – 52 Madagascar - 167
Maes Howe - 31, 34 Mäesalu, Ain - 17
Magdalenians - 9, 12, 14, 15, 17, 19, 20, 23, 273, 307, 320
Maglemosian - 9, 12 Maiden Bower - 148, 149
Maikop – 314 Mainz - 8, 267, 268
Malaysia - 283
male - 17, 27, 48, 93, 115, 137, 138, 279, 284, 306
Malta - 275, 276, 278, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299
mammoth - 169, 323 Mamoiada - 4, 282
man - 1, 2, 6, 7, 9, 15, 20, 47, 64, 91, 97, 98, 139, 153, 154, 190, 207, 208, 215, 253, 256, 268, 291, 303, 305, 306, 321, 339, 365, 374
Manetho – 33 Manio - 327, 352, 353
Mannan Stone - 64, 199 manta ray - 166
map - 1, 14, 16, 18, 40, 44, 57, 58, 63, 73, 79, 80, 88, 99, 101, 103, 104, 132, 137, 142, 150, 156, 163, 167, 172, 188, 201, 225, 227, 229, 242, 277, 278, 282, 283, 285, 303, 318, 324, 325, 327, 344, 349, 354, 377
392 – The Keyword Index to Stars Stones and Scholars
Marburg – 264 Marche - 275, 325
Marionburgh – 44 Mark of Cassiopeia,- 277
marten – 20 mask - 369, 370
Maya - 4, 368, 369, 370, 371 Mayburgh Stone - 97, 163, 164
Mayo - 206, 208, 225
measure - 4, 5, 37, 40, 41, 57, 58, 62, 78, 82, 97, 98, 133, 142, 162, 183, 203, 222, 228, 254, 301, 328, 349, 369
Meath - 209, 210, 211, 220, 225 Mecklenburg-Vorpommern - 241, 242
Medelhavsmuséet - 305 Mediterranean - 34, 115, 280, 283, 367
megaliths, megalithic sites – 1-377 Meldrum - 63, 97
Melrose - 50, 67 Memel Culture – 20
Memsie – 44 Men-an-Tol - 82, 89
Menat - 93, 324, 327, 329, 330 Menec - 327, 329
menhir - 324, 331, 335, 339, 340, 341, 344, 345, 348, 349, 350
Menit Chain, Egypt – 107 Menkar - 64, 224, 323, 333
Menkaure – 33 Mensa - 160, 299
Merida - 368, 369 meridian - 58, 161, 287
Merlin - 5, 74, 97, 98, 99, 101, 102, 104, 168, 280, 325
Merry Maidens - 89, 90 Mesolithic - 9, 11, 12, 17
Mesopotamia - 1, 8, 22, 34, 37, 73, 87, 139, 367
Metapontium – 280 Method - 1
Metonic Cycle - 128, 313 Mexico - 11, 164
Mexitli – 164 Miami Circle - 373, 374, 375, 376, 377
Middle East - 12, 24 Middleton Moor - 156
Midmar Kirk - 40, 43, 63 Midsummer Hill - 1, 105, 114
Milky Way - 2, 15, 17, 31, 38, 48, 57, 64, 67, 69, 79, 89, 91, 98, 100, 112, 118, 125, 128, 131, 132, 135, 137, 158, 161, 173, 198, 199, 204, 208, 225, 234, 259, 261, 275, 279, 280, 284, 286, 289, 290, 303, 313, 315, 316, 318, 322, 323, 324, 333, 353, 354, 355, 357, 359, 360, 361, 362, 363, 365, 366, 375, 376, 377
Mill Bay – 82 Millar, F. Graham - 93, 133
Min – 352 Minchinhampton - 105, 117
Minerva – 216 Minions - 86
Minyans – 5 Mireann - 220, 222, 225
Mitchell, Samuel Alfred – 8 Mizar - 30, 38, 45, 46, 60, 72
Mizuochi – 355 Mnajdra - 275, 295
Molise – 275 Monaghan - 212
Mongolian – 22 monkey - 333, 354, 366, 372
Mont Blanc - 275, 324 Mont St. Odile - 338
Monte Lungo - 201, 282, 283 Monteville - 373
Montignac – 14 Moon - 4, 33, 40, 54, 126, 144, 365, 366
moon stations - 128, 364 Morbihan - 30, 326, 327, 349, 351
Morocco - 30, 226, 300 Moselle - 270, 271, 272, 273
Moses – 8 mother - 13, 267
Mougau – 345 mound - 161
Mound Hill – 161 mounds - 2, 3, 34, 142, 176, 360
Mount Bego – 324 Mount Caburn - 143
Moyvoughly – 221 Muff - 186
Mul.Apin – 45 Mulfra Quoit - 82, 86, 87, 88
Mull - 52, 53, 77 Mullagharoy - 209, 225
mummification - 20, 169 Mur de Bretagne - 325, 348
Musca - 82, 89, 145, 164, 275, 289-293 Museum - 39, 73, 181, 242, 308, 316
Mut – 330 Mycenae – 100
The Keyword Index to Stars Stones and Scholars - 393
N
Nabala Stone - 317, 318 Nahr - 1, 5, 45, 57
Nakano-oene-Oji – 355 Nantes - 338, 339
Naples – 280 Naqada - 35, 175, 260, 305, 307, 309
Nara – 354 Naram-Sin - 98
Narmer - 5, 98 Natufian - 12
Nazca - 162, 366, 372 Near East - 13, 23
Neaufles-Auvergny - 324, 340 Nebra - 260, 261
nebula – 144 Nehar di Nur - 1
Neolithic – 1-4, 9-15, 19-23, 40-45, 74, 82, 91, 108, 113, 137, 165, 170, 181, 194, 208, 225, 242, 256, 280, 306, 313, 324, 331, 332, 339, 341, 349
Neuwied – 273 Newcastle - 4
Newgrange - 30, 209, 210, 211, 225 Newton, Sir Isaac - 7, 104
NGC 6960 - 148, 149 Nickern - 261
Niddrie Stone – 68 Nihon Shoki - 355
Nile - 33, 157, 313 Nippon - 164
Nittmann, Peter – 6 Noah - 19, 22, 34
Nobbin – 242 Nohcacab – 368
Nohpat – 368 Nord-Pas-de-Calais – 344
Norma - 145, 222 Normandy - 12, 324, 340
Norse - 27, 115, 138, 142, 263 Nörten-Hardenberg - 264
North Celestial Pole - 57, 62, 113, 209-211, 225, 250, 275, 282, 313, 322-324, 352
North Ecliptic Pole - 2, 57, 113, 209, 216, 222, 225, 229, 232, 248, 275, 282, 323-329
North Pole - 58, 66, 84, 161, 369 Northeim - 264
Northern Ireland – 2 Northumberland - 50, 72
nose - 99, 190, 223, 291, 293, 295, 366, 376
Notgrove – 105 Nottinghamshire - 153
O
oars – 144 obelisk - 145, 228, 301
Obelisk Tunnel – 145 ochre - 20, 169
Octans - 54, 56, 80, 145, 156, 158, 161, 299
octopus – 100 Odenwald - 265, 266
Odile - 324, 338, 339 Odin - 54, 260, 262, 263
Offa’s Dyke – 105 Offaly - 201, 202, 225
Oise - 324, 341 Oka - 12, 355
Old Keig – 43 Oldenburg - 246, 247
Oley - 373
Ophiuchus - 45, 47, 98, 168, 171, 178, 186, 187, 188, 191, 225, 234, 246, 247, 257, 324, 325, 327, 340, 345, 346, 348, 349, 352, 358, 365, 373
Ord – 47 Ordnance Survey - 1, 41, 42, 44
Oriental Hebrews - 30
Orion - 15, 18, 35, 51, 52, 63, 74, 76, 84, 131, 170, 217, 225, 234, 245, 252, 268, 274, 275, 278, 303, 314, 317, 318, 323, 324, 333, 358, 361, 366, 372, 377
Orkneys - 27, 33, 34, 54, 55, 80, 115, 158
Orleans – 324 Orry - 5
Otley – 156 owl - 177, 212, 213, 262, 291, 323
ox – 365 Oxford - 39, 43, 105, 117
Oxfordshire - 106, 112, 115, 117, 147 Oxkintok – 370
394 – The Keyword Index to Stars Stones and Scholars
P
Paestum – 280 Pajur, Ago - 17
Paleolithic - 9, 20 Palette - 304, 308
palm – 361 Palmaitis, M.L. - 11
Papua – 164 Parallelograms - 135
Parc Cwm – 171 Paris - 9, 324
Parthenon – 310 Parwich - 151
Pas de Calais – 324 pasture - 366
Pateley Bridge - 156, 157
Paviland - 5, 20, 97, 168, 169, 170, 171, 325
Pavo - 54, 56, 80, 97, 98, 145, 155, 156, 158, 184, 299, 368
Peacock – 155 Peak District - 150
Peden’s Pulpit – 68 Peebles - 45, 72, 74
Pegasus - 15, 108, 146, 147, 205, 258, 260, 275, 278, 303, 305, 313, 324, 360, 366
Peking – 363 penguins - 164
Pennsylvania – 373 Pentre Ifan - 170
Penwith - 86, 87, 88, 89 Penzance - 82, 89, 90
Perseus - 3, 6, 15-18, 48, 64, 67, 69, 70, 85, 86, 95, 122, 137, 138, 139, 173, 199, 222, 225, 235, 252, 253, 261, 275, 303, 323, 324, 344, 354, 358, 362, 363, 366, 377
Persian Gulf – 283 Perth - 3, 48, 49, 64, 70
Perthshire - 3, 69, 70 Peru - 372
Peter Nittmann – 15 Peterborough - 164, 373, 377, 378, 379
phallic - 15, 64, 199, 229, 232, 267, 284, 306 Pharaohs - 21, 23, 33, 115, 306
Pharaonic - 5, 7, 18, 20, 34, 43, 76, 107, 142, 190, 196, 222, 250, 306, 315, 330, 361
Pharaonic Egypt - 5, 7, 20, 34, 43, 250 Phoenician - 31
Phoenix - 49, 50, 72, 84, 151, 275, 298, 299, 366, 368
Pianguan – 363 Picardy - 324, 341
Picts - 27, 30, 31 Piedmont - 275
Pierre-Qui-Vire – 337 Pignone – 279
Pima Indians – 11 Pipers - 85, 90
Pisces - 15, 17, 141, 142, 258, 278, 323, 333, 360
Piscis Austrinus - 145, 368 Pitman, Walter - 19, 22
Pleiades - 2, 6, 15, 39, 49, 50, 69, 71, 87, 88, 98, 122, 138-140, 173-175, 199, 225, 234, 235, 252, 261, 275, 314, 318-320, 323, 333, 335, 344, 358, 361, 362, 366, 377
Plouarzel – 325 Ploudalmézeau - 325
Plouescat – 325 Plouhinec – 325
Pointe de la Torche – 325 Poitou Charentes - 324
Poland - 11, 318 Polaris - 44, 58, 105
Pole Star - 38, 43-45, 50, 57, 58, 66, 84, 85, 113, 117, 118, 146, 161, 162, 164, 209, 211, 225, 249, 250, 254, 255, 257, 258, 270, 275, 318, 327, 355, 362, 365, 373, 377
Poles - 275, 309, 328, 353 Polgigga - 82
porpoise - 58, 224 Port Charlotte – 52
Portsall - 325, 347 pottery - 19, 20, 21, 22, 23
Pouget - 324, 336 Poulnabrone - 179, 181, 225
Powledge, Tabitha M. – 13 prairie dog - 340
precession - 1, 38, 43-47, 58, 72, 78, 83-85, 117, 199, 211, 225, 237, 254, 313, 328
Predynastic - 35, 36, 304, 305, 306, 307 Price, Douglas T. - 22
Procyon - 52, 91, 323, 327, 334, 360, 366 Provence - 324, 333
Ptolemy – 8 Pueblo Indians – 11
Pulli – 11 Punchestown - 199, 225
Puppis - 100, 164, 198, 275, 294, 295, 323 Puuc - 368
pyramids - 8, 31, 33, 37, 38, 115, 250, 310 Pyrenees – 324
The Keyword Index to Stars Stones and Scholars - 395
Q
Qinhuangdao - 360, 364 Quadriga - 260
Quadrilatère – 327 Quarry Wood - 44
quartz - 171, 191, 194, 262 quartzite - 191, 194, 263
Queen Maeve – 216 Queen's Chamber - 311, 313
Quéguil-Bréhet – 30 Queyras - 324, 334, 335
Quiberon – 30 Qui-Vire - 324, 337, 339
quoit – 87 quoits - 2, 3, 82, 87, 91
R
rabbit - 58, 190, 255, 259, 365 raccoon - 365
radiometric analysis – 22 Raedykes - 45
Rasalgethi – 340 Rasalhague - 47, 340
rat – 365 Rathiddy - 205, 206, 225
Ratho – 69 raven - 206, 256, 366
recumbent stones – 40 Red Bird - 93, 360
Red Burn – 47 red ochre - 20, 169
Regulus - 270, 366 Reims - 324
relief(s) - 2, 87, 92, 115, 155, 147, 155, 171-175, 195, 205, 222, 224, 306, 330
remen – 310 Reu - 30
RHA (Richard Hinckley Allen), see also the footnotes - 1, 15, 31, 39, 43, 44, 45, 47, 48, 65, 73, 88, 260, 271, 299, 360, 361, 362, 363, 364
Rhesus, blood type – 30 Rhine - 273
Rhone Alps – 345 Riesenstein - 262, 263
rifled - 49, 71, 173 rifled stone - 71
Riom - 324, 337, 339 Ripon - 161
river - 1, 4, 12, 22, 34, 45, 50, 114, 154, 160, 218, 270, 272, 273, 300, 361
Rivock Edge – 156 robot - 311
rock drawings - 79, 167, 183, 272, 282, 283, 302-306, 309, 315, 317, 333, 377-379
Rohl, David – 8, 35 Rollefson, Gary - 19
Rollright Stones (Rollrights) - 105, 106, 107, 108, 109, 110, 111, 112, 114, 341
Roman - 93, 266 Rombalds Moor - 156
Rome - 228, 280, 301 Romulus and Remus - 280
Rondossec – 327 roof - 365
rooster – 366 Roscommon - 212, 225
Rose, Mark – 13 Rostrennen - 325
Rote Göttin – 271 Rough Tor - 91, 93
Round Table - 5, 98, 163, 164 Roussillon - 324
Rouussayrolles – 324 Royston - 148, 149
rudder - 144, 164, 182 Rudston - 160
Rügen - 241, 242 Russia - 1, 9, 11, 16, 17, 315, 316
Russians – 11 Ryan, William - 19, 22
S
Sa Perda Pinta - 4, 282 Saarbrücken - 4, 237
Sagitta - 45, 48, 152, 175, 176, 242, 279
Sagittarius - 54, 55, 80, 125, 131, 135, 155, 158, 165, 166, 175, 176, 184, 185, 222, 225, 243, 322, 323, 324, 327, 331, 356, 358, 360, 361, 364, 365, 368
Sahara – 309 Saik - 47
Sailly-en-Ostravent – 344 Saint Samson sur Rance - 347
Saint Sulpice – 344 Sainte Barbe - 327
Saint-Emilion – 344 Sakafuneishi - 354, 355
396 – The Keyword Index to Stars Stones and Scholars
Sakurajima – 358 Salah - 30
Saltdean – 145 San Bartolo - 371
Sanskrit – 88 Santillana, Giorgio de - 125
Saone-et-Loire – 344 Sarasvati - 34
Sardinia - 4, 201, 275, 276, 278, 281, 282, 283
Saros Cycle - 128, 313 Sarsens - 121, 122, 124
Saruishi - 354, 355 Saudi Arabia - 11
Saulheim - 267, 268 Saumur - 324
Scandinavian – 1,11, 12, 17, 27, 30, 34, 35, 77, 304, 305, 306, 308, 318
Scelinskij, V.E. - 9, 17 scepter - 15, 52
Schalenstein – 244 Scheat - 146
Schelde – 238 Schindeldorf - 269
Schleswig-Holstein – 244 Schwörstadt - 274
Scorpio - 39, 52, 53, 54, 58, 74, 125, 161, 165, 166, 168, 170, 175, 176, 186, 187, 188, 222, 244, 245, 317, 323, 324, 325, 327, 347, 349, 350, 358, 360, 365, 369
Scorpion King – 98 Scota - 27, 30
Scotland – 1-6, 25-33, 38-46, 52-64, 77, 80, 103, 114, 162, 173, 199, 319
Scots - 11, 27, 30, 115 Scottish Chronicle - 30
sculpted - 2, 3, 20, 97, 147, 190, 191, 236, 250, 256, 258, 266, 267, 289
Scutum - 45, 48, 243, 363 Scythian - 34
seafarers - 3, 34, 37, 88, 98 seal - 54, 58, 224
seals – 185 seals, gypsum - 311
Secret Chamber – 312 Semerkhet - 33
Serpens - 45, 58, 161, 168, 169, 171, 178, 187, 188, 215, 222, 225, 234, 246, 247, 257, 317, 322, 323, 324, 325, 338, 339, 346, 347, 349, 352, 358, 365, 369
serpent - 168, 171, 178, 190, 246, 299, 314, 339, 349, 375
Serpievka – 17 Serug - 30
Seven Daughters of Eve - 7, 9, 322 Seven Maidens - 342, 344
Seven Sisters – 145 Sextans - 78
shaft - 311, 313 Shaft of the Dead Man - 6, 14, 15
shaman - 5, 97, 168 Shandan - 361
Shanhaiguan – 364 Shanhaikuan - 360
shark - 76, 185 sheep - 22, 68, 139, 222
Sheriffmuir – 50 Shetlands - 54, 56, 80
Shikoku – 358 Shiwa - 52
shoulder - 30, 203, 206, 215, 339 Shuldt - 242
SI AN BHRU – 209 Sicily - 275, 276, 291
sickle – 15 Siebensteinhäuser - 248
Silbury Hill - 17, 137, 139 Silk Road - 359, 361
Simandre-sur-Suran - 324, 345 Simandre-Sur-Suran - 345
Sirius - 15, 100, 274, 280, 303, 324, 335 Sirokov, V.N. - 9, 17
Sistrum – 107 Skara Brae – 33
Skipton Moor – 156 Skirza Head - 48
Skorba - 275, 292, 293, 296 Skregg - 212, 213, 225
Skull Stone – 159 skulls - 11, 12, 159, 322, 323
Skye - 52, 53, 77, 80 Slighe Cualann - 211
Sligo - 192, 193, 214, 216, 225 Slovenia - 11
Small Magellanic Cloud - 145, 299 SMC - 145
snake, see serpent, Draco, Hydra – 366 Snowden Carr - 156, 159
Sode Boshi – 358 solar eclipse - 8, 216, 261, 313
solstices - 2, 38, 39, 45, 72, 74, 83, 85, 130, 135, 154, 208, 216, 258, 318, 328
Sooaluse – 318 Sothic – 135
The Keyword Index to Stars Stones and Scholars - 397
South Pole – 2, 58, 66, 82, 142, 159, 161, 162, 182, 183, 298, 299, 336, 309, 369
Southern Cross - 45, 82, 89, 275, 286, 365 southern skies - 3, 88
Southern Triangle - 58, 82, 88, 145, 161 Spain - 9, 11, 27, 30
Speckner, Rolf – 257 Spellenstein - 78, 237, 238
Sphinx - 250, 313 Spica - 38, 93, 110, 232, 329, 339, 360
spindle - 30, 92, 181 spinning wheel - 18, 92, 179, 181
Spinster’s Rock - 91, 92, 181 Spofforth Stone - 156, 158
Spring Equinox - 15, 17, 170, 234, 245, 261, 317, 333
squid – 232 St Cleer - 94
St. Barbe – 350 St. Emilion - 324
St. Guénolé – 325 St. Ingbert - 237
St. Ives – 86 St. Mathieu - 325
St. Michel – 327 St. Patrick's Chair - 208, 288
St. Petersburg – 316 stadia - 310
staff - 31, 45, 47, 168 Staffordshire - 155
stag - 222, 259 Stamm, Christian - 257
standing stones – 1 Stanford University - 13
Staraya Zalavruga – 315 Starry Night Pro - 4, 8, 83, 264, 320
stars – 1-369 Steinacleit - 52, 54
Stockholm – 305 stomach - 366
Stone Age, see Neolithic stone alignments, stones – 1-379
Stonehenge - 30, 119-136, 228, 264 Stowe’s Pound - 91, 93
Strasbourg – 324 Straube, Gvido – 17
Strichen – 44 Stripple Stones - 91, 93
Stromberg - 269, 270 Suilven - 47
Sumerians – 21, 22, 30, 34, 39, 43, 45, 51, 151, 323
Summer Solstice - 8, 30, 82, 83, 97, 128, 130, 131, 181, 206, 207, 216, 222, 251, 254, 262, 289, 313, 328, 330, 349, 364, 365, 366, 373, 374
Sun - 4, 8, 33, 40, 54, 92, 126, 128, 131 Sunhoney - 40, 41, 43, 63
Süntelstein – 248 supernova - 148
surveying, surveyors - 1, 2, 3, 4, 5, 43, 57, 101, 103, 165, 167, 220, 225, 226, 228, 229, 237, 242, 247, 269, 278, 300, 301, 349, 373, 377
Sussex - 141, 142 swallow - 365
Sweden - 11, 35, 226, 229, 247, 300, 301, 305
Swinburne – 50 sword - 171, 199, 217, 364
Sykes, Bryan - 7, 9, 13, 322 Sylt - 244, 245
T
Ta’Hagrat - 275, 291, 292
tail - 38, 58, 66, 137, 152, 155, 176, 190, 253, 293, 303, 313, 339, 346, 359, 363
Takamatsuzuka – 355 Tangier - 226, 228, 300, 301
Tanum, Tanumsheide - 35, 226, 228, 300, 301, 302, 303, 305
Tara - 209, 211, 225 Tarxien - 275, 285, 289, 290, 291, 299
Taurus - 2, 15, 39, 40, 50, 51, 68, 73, 74, 122, 200, 201, 217, 225, 234, 235, 245, 252, 253, 257, 261, 275, 278, 314, 318, 320, 323, 324, 333-335, 344, 361, 366, 377
Tauta, folk – 63 Tayside - 49
Temple - 33, 39, 43, 45, 54, 61, 151, 280, 291, 294, 330, 354, 355, 358
Teotihuacan - 33, 367 Terneuzen - 238
tether – 305 Thalimain - 48, 365
The Face - 97, 98, 99, 100, 101 Therfield - 148
Thiele, Edwin R. – 8 Thor’s Hammer - 374
Thornborough Circles - 161, 162 thread - 30, 89, 92, 104
398 – The Keyword Index to Stars Stones and Scholars
Thuban - 38, 105 Thunder Barrow - 143
Thurayya - 71, 173 Tifinag - 142
tiger – 365 Tikal - 370
Timoney - 217, 225 Tinkinswood - 171
Tintagel – 93 Tipperary - 217, 225
Tireighter - 184, 185, 225 Tirnony - 184, 225
Togher – 223 Tokyo - 358
Tollis Hill – 66 Tomnaverie - 44
Tompkins, Peter - 228, 301, 310 tools - 3, 9, 12
Torbay – 96 Tordarroch - 46, 63
Torhousekie – 76 Tormain Hill - 69
Torphins – 44 Torquay - 2, 91, 96, 99, 104, 280
Torry Burn - 49, 71 tortoise - 355, 365
Traben-Trarbach - 271, 272 Tramonti - 277, 278
tree - 8, 33, 138, 159, 207, 365 Tree of Life Stone - 159
tree rings - 8, 33 Trefignath - 165, 166
Tregastel – 349 Tregiffian - 82, 89
Trelew - 82, 90 Trellech - 105, 118
Trentino Alto Adige – 275 Trethevy Quoit - 91, 94
Triangulum - 15, 17, 48, 49, 64, 69, 88, 223, 225, 235, 323, 366, 369
Triangulum Australis - 88, 145, 222 Triangulum Galaxy - 223
Trilithons - 125, 127, 128 Trittenheim - 270
tropical year - 17, 370 Troy - 30
Trundle – 142 Tuatha de Danaan - 63
Tucana - 145, 156, 158, 159, 161, 368 Tuilyies - 49, 71, 173
Tullies Stone - 49, 71 tumuli - 2, 82, 142, 238
Tunis – 301 Turais - 100
turkey – 377 Turkey - 11, 18
turtle - 107, 185, 190, 291, 299, 354, 355, 366
Tuscany – 275 Tweedsmuir - 68
twig - 217, 224 Tyne - 4, 50
Tyrebagger - 43, 63 Tyrone - 187, 188, 225
U
Uist - 52, 53, 77 Ukraine - 12, 22
Uley – 105 Umbria - 275
United Kingdom - 91, 325, 341, 349 Ur - 34, 242
Uragh - 182, 198, 225 Urals - 9, 16, 17
Ursa Major – 29-31, 38, 45-47, 60-63, 72, 88, 105, 118, 122, 131, 133, 153, 154, 212, 213, 216, 222, 225, 255, 262-265, 270, 271, 323, 324, 327, 351, 352, 365, 366, 373
Ursa Minor - 42, 44, 50, 63, 84, 105, 118, 204, 210, 225, 263-265, 327, 352, 373, 374
USA - 164, 360, 374 Uxmal – 368
V
Valle D’aosta – 275 Varenne, menhir - 339
Vastokas – 377 Vedic - 333
Vega - 44, 58, 107, 222, 242, 245, 322, 323 Veil and Lacework Nebula - 148, 149
Vela - 53, 77, 91, 93, 182, 183, 198, 222, 225, 275, 290, 291, 322, 323
Vendée - 324, 339 Veneto and Venice - 275
Vernal Equinox - 17, 18, 76, 92, 302, 324, 366, 372
Vikings – 27 Virgil – 30
The Keyword Index to Stars Stones and Scholars - 399
Virgo - 30, 38, 52, 54, 59, 91, 93, 94, 110, 122, 135, 138, 154, 178, 193, 214, 215, 216, 222, 225, 229, 231, 232, 240, 256, 258, 303, 324, 327, 329, 330, 337, 338, 339, 360, 364, 365
Visbek - 246, 247 Visbeker - 247
Visvamitra – 88 void - 365
Volans - 164, 275, 297, 299 Vulpecula - 242
W
wagon – 366 Wain - 63, 88
Wales - 4, 81, 97, 103, 105, 114, 118, 126, 137, 165, 166, 167, 168, 171, 176, 325
Walker, Martha - 60
Wall Painting - 18, 175, 260, 305, 306, 307, 309, 314
Warrior – 360 Warwickshire - 112
water - 6, 19, 33, 34, 58, 160, 190, 318, 339, 354, 355, 362
Waterford - 218, 225
Wayland’s Smithy - 2, 105, 117, 146, 147, 260
Weissenstein – 262 well - 52, 217, 266, 339, 361, 366
Welsh - 27, 30, 115 Welsh Triad - 30
Weris - 229, 231, 232, 233, 234, 235, 236, 238, 247
Westmeath - 219, 222, 225 Wether Law - 66
Wexford - 224, 225 whale - 190, 224
wheat – 22 Whispering Knights - 112
White Barrow - 91, 93 White Sea - 315
White Stone - 45, 72 Whitehawk - 143
Whitehorse – 373 whorls - 54, 74, 76
Wicklow - 223, 225 wife - 27, 30, 330
Wigtown – 76 Wildeshausen - 246
Wilhelmshöhe - 262, 263 William Long - 133
Wilmington – 145 Wiltshire - 119, 132, 133
Windmill Tump – 105 wings - 291, 366
Winter Solstice - 15, 17, 38, 50, 142, 144, 189, 205, 303, 320, 330, 366
Winterbourne Stoke - 2, 139, 140 Wodanstein - 262, 263
wolf - 20, 280, 303, 366
woman - 148, 181, 184, 215, 253, 256, 289, 291, 339, 374
Woodhenge – 136 Wooley - 34
world - 34, 37, 91, 96, 97, 98, 103, 119, 168, 169, 201, 250, 266, 282, 284, 299, 313
World Map - 282, 283 worldwide - 3, 5, 33, 54, 311
X
Xaghra – 286 Xkalumkin - 368
Xkichmook – 368 Xkipche - 368
Xkpche – 368 Xlapak – 368
Y
Yamaguchi - 358 Yarmukian - 19, 22, 23
Yarrows – 48 Yinchuan - 362
Yorkshire - 156, 158, 160, 161 Yucatan - 359, 368, 369
Yukon – 373 Yumen – 361
400 – The Keyword Index to Stars Stones and Scholars
Z
Zangato, Étienne – 102 Zennor Quoit - 82, 86
Zhangye - 359, 360, 361 ziggurats - 37
Zodiac - 5, 40, 125, 128, 132, 133, 135, 163, 288, 369
Zosma – 313 Zvejnieki – 11
The Tech View at the Economist about Patent Nonsense is that the Era of Frivolous Patents May Soon End
Tech.view: Patent nonsense | The Economist 5 February 2010
"An end to frivolous patents may finally be in sight....
America’s Supreme Court is about to issue a ruling which, by all accounts, will make it difficult, if not impossible, to get a patent for a business process. And because most business processes are, at bottom, computer algorithms, the Supreme Court’s judgment could also bar all sorts of software patents in the process. As a result, a lot of patents for online shopping, medical-diagnostic tests and procedures for executing trades on Wall Street could be invalidated."
Genetic Privacy : Genetic Testing in New York : Newborn DNA Samples in Texas : German Genetic Diagnosis Act Went Into Effect on February 1, 2010
As reported in numerous German-language sources, the German Genetic Diagnosis Act (Gendiagnostikgesetz, GenDG) - English translation at eurogentest.org - took force on February 1, 2010. This law is of interest for many disciplines, especially in view of the recent "genetic privacy" decision in Texas and the pending passage of Katie's Law in New York.
A summary of the German law is found at DRZE - Predictive Genetic Testing - this is an excerpt:
"1. The German Genetic Diagnostics Act (GenDG)Read the full summary here and the full English translation of the text of the law here.
... The German Genetic Diagnostics Act will come into effect on 1st February 2010 (§ 27).
The Act explicitly aims at defining the prerequisites for genetic testing and genetic analysis performed in the context of genetic testing, as well as for the use of genetic samples and data, and at preventing discrimination on grounds of genetic predisposition, in order to ensure the state's commitment to respect and to protect human dignity and the right to informational self-determination. (§ 1)
The scope of the Act is not limited to predictive genetic testing: it extends, in fact, to genetic testing carried out on (born) human beings (i.e. postnatal) as well as to genetic examination of embryos and foetuses (prenatal; see special provisions in § 15), covering different contexts and purposes of application (§ 2 para. 1). Besides the use of genetic testing for medical purposes, the Act regulates the use in the field of insurance (§ 18) and in working life (§§ 19-22), as well as genetic screenings (§ 16), and also covers tests to determine parentage ('paternity tests', §17). However, it does not address the use of genetic testing and analysis or the handling of genetic samples and data for research purposes (§ 2 para. 2 no. 1). Moreover, the Act does not apply to measures carried out under provisions relating to criminal proceedings, international mutual assistance in criminal matters, and the Federal Criminal Police Office Act (BKA-Gesetz) (§ 2 para. 2 no. 2 letter a), or relating to the Protection against Infection Act (IfSG) (§ 2 para. 2 no. 2 letter b)."
Plese Note: Various English translations of the name of the Act can be found, but "Genetic Diagnosis Act" is by far the most prevalent, even though DRZE uses a different translation.
The Body Snatchers are Alive and Well : In ACLU v. Myriad, the Battle over DNA Patents Rages
The Daily Scan at the GenomeWeb headlines In ACLU v. Myriad, It's Scientific Accuracy, 0, and Wild Speculation, 1, writing:
"Unless you've been living under a sequencer, you already know that the ACLU v. Myriad gene patent hearings began yesterday. Daily Scan was there for the circus, held in a standing-room-only courtroom in downtown New York. The ACLU attorneys spent much of their time arguing that isolated DNA was not 'markedly different' from native DNA, and therefore not eligible for patent protection."The case involves the attempt to patent "isolated" DNA pursuant to the claim that such "isolated DNA" does not appear in that "cut way" as native DNA, i.e. that if you take a set of links out of a previously existing chain link, THAT is an invention.
One has to view this all with a sense of humor. Is it not amazing the creative lengths to which human beings in our society will go to make money? to obtain monopolies where possible and then to subsequently "rip off" their fellows commercially if they can.
A DNA patent means essentially that if "Institution A" obtained a patent on "isolated DNA X" then another "Institution B" which e.g. isolated that same "DNA X" out of YOUR body could not do a thing with it because "Institution A" would OWN the "patent" to that isolated DNA.
We have serious difficulties in viewing DNA patenting as anything other than a gross absurdity. If DNA patents are approved, thousands of commercial enterprises will soon OWN the patents to your body and mine. The patent trolls will function as the body snatchers of the future.
Frankly, from our point of view, the answer in this case has to be - NOT PATENTABLE - because it is NOT man's invention, but God's invention, and God's inventions - whether in whole or in part - are not patentable - at least, given the way that we read the U.S. Constitution.
Ira Glasser - former ACLU Executive Director - at the Huffington Post : Understanding the Citizens United U.S. Supreme Court Ruling
At the Huffington Post, Ira Glasser (Executive Director, ACLU, 1978-2001, Retired) sets straight the erroneous and oft emotionally distorted opinions floating around about the Citizens United Ruling, writing inter alia:
"The recent decision by the U.S. Supreme Court in the case of Citizens United v. Federal Election Commission has been greeted with screaming dismay by most liberals. Many of them mistake the decision for doing things it did not do: for example, one hyperbolic letter to The New York Times asserted that the decision overturned "the century-old ban on corporate contributions to political campaigns." It did no such thing. Corporations are still banned from contributing to a candidate or to a candidate's campaign. The assertion was wrong, and the Times was remiss in publishing such a factually false claim.....One should read that article in full to understand that the Citizens United ruling greatly supports free speech on both sides of the political fence.
1. The issue at stake in the case was whether, consistent with the First Amendment, the government could criminalize speech that criticized a public official who was also a candidate for elective office, 60 days before a general election and 30 days before a primary."
See our previous posting Money is not Speech : The Volokh Conspiracy Calls the Legal & Political Community to Order on US Supreme Court Corporate Free Speech Decision
Changes to EUR-Lex, Official Journal of the European Union (EU), Legislative Acts, New Numbering in Treaties : EUR-Lex Newsletter 8/1/2010
The EUR-Lex Newsletter 8/1/2010 : Access to European Union Law contains important information about changes to EUR-Lex, to the Official Journal of the European Union, to a distinction introduced between legislative and non-legislative acts, and reference to the new numbering of the 'Treaty on European Union' and the 'Treaty on the Functioning of the European Union' as per the Lisbon Treaty. EUR-Lex writes:
"The EUR-Lex website has been harmonized with the other websites of the Publications Office....For more details, see the Newsletter.
From first January 2010 the structure of the Official Journal is adapted in order to take account of the entry into force of the Treaty of Lisbon....
In particular a distinction between 'Legislative acts' (L I) and 'Non-legislative acts' (L II) has been introduced in conformity with the Treaty of Lisbon....
Articles, sections, chapters, titles and parts of the 'Treaty on European Union' and of the 'Treaty on the Functioning of the European Union' are renumbered (Treaty of Lisbon article 5 and Annex)."
EUR-Lex : Free Access to European Union EU Law : Official Journal, Treaties, Legislation, Case Law, Legislative Proposals
EUR-Lex
"EUR-Lex provides direct free access to European Union law. Here you can consult the Official Journal of the European Union as well as the treaties, legislation, case-law and legislative proposals. You can also use the extensive search facilities available on EUR-Lex."Read more here.
Web Censorship, Human Rights and the Law : US Senator Dick Durbin to Hold Hearing on Global Internet Freedom
AFP: US senator asks companies about China rights practices
"US senator on Tuesday asked 30 leading companies, including Amazon, Apple, Facebook, IBM, Nokia and Twitter, for information about their human rights practices in China after Google's threat to leave the country over cyberattacks and Web censorship.
Democratic Senator Dick Durbin of Illinois, chairman of the Judiciary Subcommittee on Human Rights and the Law, also announced plans to hold a hearing in February on global Internet freedom."
Objectives of the fiveIPoffices : EPO, JPO, KIPO, SIPO, USPTO
European Patent Office (EPO) Official Journal January 2010 is Now Online
Doing Business in Europe – the legal pitfalls | Enterprise Europe
Doing Business in Europe – the legal pitfalls | Enterprise Europe
"Considering doing business with Europe? Come along to this new seminar to find out how to avoid some of the legal pitfalls when you sell your goods....
Thursday 4th February 2010, Holiday Inn Rochester [UK]
8.30am - 10.30am
Light breakfast included
To book for this event, click here...."
Why Are There No Arab Democracies? asks Larry Diamond at the Journal of Democracy
Why Are There No Arab Democracies? asks Larry Diamond in the "Twentieth Anniversary Issue" of the Journal of Democracy (January 2010, Volume 21, Number 1).
The Journal of Democracy writes that "Democracy has held its own or gained ground in just about every part of the world except for the Arab Middle East. Why has this crucial region remained such infertile soil for democracy?"
Diamond is a senior fellow at the Hoover Institution and the Freeman Spogli Institute at Stanford University and director of Stanford’s Center on Democracy, Development, and the Rule of Law. He is the author of The Spirit of Democracy: The Struggle to Build Free Societies Throughout the World (2008) and is founding coeditor of the Journal of Democracy. He begins his thought-provoking article as follows:
"During democratization’s “third wave,” democracy ceased being a mostly Western phenomenon and “went global.” When the third wave began in 1974, the world had only about 40 democracies, and only a few of them lay outside the West. By the time the Journal of Democracy began publishing in 1990, there were 76 electoral democracies (accounting for slightly less than half the world’s independent states). By 1995, that number had shot up to 117—three in every five states. By then, a critical mass of democracies existed in every major world region save one—the Middle East. Moreover, every one of the world’s major cultural realms had become host to a significant democratic presence, albeit again with a single exception—the Arab world. Fifteen years later, this exception still stands.Read the article here.
The continuing absence of even a single democratic regime in the Arab world is a striking anomaly—the principal exception to the globalization of democracy. Why is there no Arab democracy?"
BuzzMachine : Davos 2010 : Replace the Old Order?
BuzzMachine
"The theme of this year’s World Economic Forum meeting at Davos was “rethink, redesign, rebuild.” When a friend recited that list for me, I responded that given the institutions there, the more appropriate slogan is “replace....
The World Economic Forum actually does an admirable job trying to push its members into [the] future.
But one must wonder whether they can go fast enough — given this crowd’s resistance to change — and thus whether they are helping the right people."
U.S. Sentencing Commission Proposes Reduced Criminal Penalties for Corporations having Compliance Programs | WSJ Law Blog
In Federal Agency Proposes Reduced Criminal Penalties for Corporations at the WSJ Law Blog, Amir Efrati writes:
"What kind of penalties should companies face when their employees commit crimes?Applying criminal penalties to white-collar crime by employees of corporations has never been very successful and can lead to disastrous results, such as in the case of Arthur Andersen LLP, which ultimately went out of business due to a criminal prosecution for destruction of evidence that cost "thousands of jobs". As written at the previously cited WSJ story by Gary Fields:
[T]he U.S. Sentencing Commission ... last week included a proposal in this 78-page document to reduce exposure by organizations whose employees engage in criminal behavior....
Under the proposal, highlighted in today’s [January 29, 2010] WSJ story, corporations could receive credit during sentencing if they have compliance programs designed to combat white-collar crime....
The proposal, which the commission has released for public comment, would reduce fines and penalties even if high-level company officers were involved in the criminal activity."
"Changing how corporations are handled in criminal cases is one of the commission's priorities this session, and the proposal tackles a controversial area of law. After the corporate accounting scandals in the early 2000s, the Department of Justice prosecuted a number of companies, including Enron's accountant, Andersen LLP. The conviction, though overturned later by the Supreme Court, put the company out of business, resulting in thousands of jobs lost. "The issue involved here is important for law, touching again upon the inexorable question of the limits of the criminal sanction. As we have written previously at LawPundit:
"Who out there in the American criminal justice system understands the basic wisdom found in Herbert Packer's Limits of the Criminal Sanction? What lawmaker, government official, judge, prosecutor, or prison official in the United States has ever read Packer's book - much less applied the inexorable legal policy conclusions demanded by it? (see Google Books, this PPT and Packer's Two Models of the Criminal Process)What about the barbaric system of handcuffs for white-collar crimes? Totally unnecessary.
Not every undesirable human action or activity in society is or should be subject to criminal punishments. There are other - more modern - means available to deal with socially undesirable behavior."
We wrote previously at LawPundit:
"[E]xecutives being carted away in handcuffs - what is the point of this barbaric government behavior - have the authorities seen too many Westerns on TV? Handcuffs are for dangerous violent persons, not for white-collar circumstantial crimes. The whole image is terrible for the entire justice system. It is terrible for America. Land of the free? Model for the world? Hardly. Forget that myth. "Prison Justice" and the "binding of the hands of prisoners" (just look at ancient Egyptian hieroglyphsThe proposals of the U.S. Sentencing Commission unfortunately retain the implicit assumption that "criminal penalties" and "internal government control" are the most advisable ways to deal with white-collar crime in corporations, whereas there is simply no empirical evidence anywhere that such an assumption is accurate.) has been known since antiquity - there are better, more modern and humane solutions.] "
We suspect that any good economist will tell the lawmakers and regulators that white-collar crimes are economic by nature and should be penalized in due course by economic sanctions, rather than by primitive barbaric criminal incarceration and the like.
Arianna Huffington: Davos Diary 2010: Snapshots from My Short But Sweet Visit
Arianna Huffington: Davos Diary 2010: Snapshots from My Short But Sweet Visit
"Things got off to an interesting start before I even arrived. I happened to be on the same flight from D.C. to Zurich as Larry Summers, who was reading Martin Jacques' weighty tome, 'When China Rules the World. His review: 'Interesting...and disturbing.'"
World Economic Forum 2010 Ends
World Economic Forum - Home
"At the World Economic Forum Annual Meeting 2010 in Davos, participants resolved to rethink, redesign and rebuild the global economy to ensure principled growth and sustainability."
Huckabee on Tax Policy at the New Jersey Estate Planning & Elder Law Blog
At the New Jersey Estate Planning & Elder Law Blog Deirdre Wheatley-Liss of Fein Such Kahn & Shepard relates A conversation with Mike Huckabee [former governor of Arkansas] on Tax Policy where she asked Huckabee the following question:
"Governor Huckabee, here in New Jersey we are in the most expensive state to live in and the most expensive state to do business in from a tax perspective. How is it that the government's share in our work could be productive to our businesses instead of having a dampening effect?"Wheatley-Liss summarizes Huckabee's reply:
* Corporate Tax does not exist [because] "Taxes are a cost of doing business that is passed along to the ultimate consumers of good and services - you and me."Read it all.
* A FAIR tax would jumpstart the economy.... Gov. Huckabee explained it as a tax on consumption....
* Eliminate tax penalties for bringing offshore dollars into the US as an immediate solution to our fiscal crisis....
The future of legal education? SIMPLE. SIMulated Professional Learning Environment.
Paul Maharg of Zeugma in his draft document at SlideShare titled The permeable web: community, value and ethics in legal education, discusses SIMPLE - SIMulated Professional Learning Environment - in its application to law studies.
Maharg writes:
"Draft paper. Do not quote without permission of author.
The discussion of an innovative simulation is really a discussion about what legal education can be. "
Future EU Personal Data Protection and Privacy Laws to Target Social Media : Facebook, Twitter, Myspace et al.
Leigh Phillips at the EUobserver in New EU laws to target Facebook writes that:
"[T]he European Commission ... announced plans for comprehensive new laws that have in their sights the massively popular website [Facebook]....Read the whole article here.
Underscoring its new powers under the Lisbon Treaty and the legal basis given to the Charter of Fundamental Rights, the commission said it wants to create "a clear, modern set of rules" guaranteeing a high level of personal data protection and privacy....
Mentioning Facebook, Myspace and Twitter by name, [EU Commissioner for Information Society and Media] Ms Reding said she will start this year with a revision of the 1995 Data Protection Directive...." [link added by LawPundit]
Jewish Law and Constitutional Interpretation : David Friedman cited at Three Jews, Four Opinions
We are a bit late on this December 3, 2009 posting at Three Jews, Four Opinions, but we nevertheless wanted to put in a reference to David Friedman on Jewish Law and Constitutional Interpretation:
"David Friedman has an interesting set of posts on Jewish Law and Constitutional Interpretation and And For the Real Enthusiasts in Jewish Law, A Story. He discusses some of the broad 'interpretive' techniques of the Talmud and compares them to American constitutional interpretation.Read the rest.
There are some interesting differences between the structures of Jewish Law and Anglo-American Common law."





0.3 °C. The present period of global warming is one of them."
) has been known since antiquity - there are better, more modern and humane solutions.] "

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