[unable to retrieve full-text content]The novel Shaman, by science fiction writer Kim Stanley Robinson is a coming of age novel set in the ice age. Reviewer Alan Cheuse says it is the latest to take up the question of what it was like to live 30,000 years ago on the cusp of change from Neanderthal to Cro-Magnon dominance of the human world.Source: http://feedproxy.google.com/~r/NprProgramsATC/~3/BVRRQ1GHvQE/story.php
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বৃহস্পতিবার, ১০ অক্টোবর, ২০১৩
বুধবার, ২২ মে, ২০১৩
Monster tornado kills at least 51 in Oklahoma town
By Alice Mannette
MOORE, Oklahoma (Reuters) - A 2-mile-wide (3-km-wide) tornado tore through the Oklahoma City suburb of Moore on Monday, killing at least 51 people while destroying entire tracts of homes, piling cars atop one another, and trapping two dozen school children beneath rubble.
Twenty of the 51 confirmed deaths were children, the Oklahoma medical examiner said, and at least 45 of the 230 people injured were children, according to area hospitals. It was the deadliest U.S. tornado since one killed 161 people in Joplin, Missouri, two years ago.
President Barack Obama declared a major disaster area in Oklahoma, ordering federal aid to supplement state and local efforts.
Rescue teams raced against the setting sun and worked into the darkness in search of survivors throughout the wide swath of devastation, while the dangerous storm system threatened several southern Plains states with more twisters. Severe weather was expected through the night from the Great Lakes south to Texas.
Emergency crews searched the rubble of Plaza Towers Elementary School for two dozen missing children, Oklahoma Lieutenant Governor Todd Lamb said. The school took a direct hit from the tornado, Lamb told CNN.
The town of Moore, population about 50,000, was devastated with debris everywhere, street signs gone, lights out and houses completely obliterated.
Another elementary school and a hospital were among the buildings leveled.
"We thought we died because we were inside the cellar door...It ripped open the door and just glass and debris started slamming on us and we thought we were dead to be honest," survivor Ricky Stover said while surveying the devastated remains of his home.
Cyndi Christopher was at work and went to pick up her son from daycare when she heard the storm warning. After taking her son home, she was forced to flee when she noticed the storm was coming their way.
"I drove as fast as I could and I outran the storm," Christopher said.
The National Weather Service assigned the twister a preliminary ranking of EF4 on the Enhanced Fujita Scale, meaning the second most powerful category of tornado with winds up to 200 miles per hour (320 km per hour).
Witnesses said Monday's tornado appeared more fierce than the giant twister that was among the dozens that tore up the area on May 3, 1999, killing more than 40 people and destroying thousands of homes. That tornado ranked as an EF5, meaning it had winds over 200 mph.
The 1999 event in Oklahoma ranks as the third-costliest tornado in U.S. history, having caused more than $1 billion in damage at the time, or more than $1.3 billion in today's dollars. Only the devastating Joplin and Tuscaloosa tornadoes in 2011 were more costly.
The National Weather Service Storm Prediction Center provided the town with a warning 16 minutes before the tornado touched down at 3:01 p.m. local time (4.01 p.m. EDT), which is greater than the average eight to 10 minutes of warning, said Keli Pirtle, a spokeswoman for the center in Norman, Oklahoma.
The notice was upgraded to emergency warning with "heightened language" at 2:56 p.m., or five minutes before the tornado touched down, Pirtle said.
Television media measured the tornado at more than 2 miles wide, with images showing entire neighborhoods flattened.
The U.S. Federal Aviation Administration (FAA) imposed a temporary flight restriction that allowed only relief aircraft in the area, saying it was at the request of local police who wanted quiet to search for buried survivors.
Oklahoma activated the National Guard, and the U.S. Federal Emergency Management Agency activated teams to support recovery operations and coordinate responses for multiple agencies.
SCHOOL IN TWISTER'S PATH
Briarwood Elementary School, which also stood in the storm's path, was all but destroyed. On the first floor, sections of walls had been peeled away, affording clear views into the building, while in other areas, cars hurled by the storm winds were lodged in the walls.
Across the street, people picked through the remains of their homes.
The number of injured as reported by several hospitals rose rapidly throughout the afternoon.
Oklahoma University Medical Center alone was treating 65 patients, 45 of them children, though it was no longer expecting a further mass influx of casualties, spokesman Scott Coppenbarger said.
Moore Medical Center sustained significant damage.
"The whole city looks like a debris field," Glenn Lewis, the mayor of Moore, told NBC.
"It looks like we have lost our hospital. I drove by there a while ago and it's pretty much destroyed," Lewis said.
The massive twister struck at the height of tornado season, and more were forecast. On Sunday, tornadoes killed two people and injured 39 in Oklahoma.
(Additional reporting by Lindsay Morris, Carey Gillam, Nick Carey, Brendan O'Brien and Greg McCune; Writing by Daniel Trotta; Editing by Jim Loney and Lisa Shumaker)
Source: http://news.yahoo.com/monster-tornado-devastates-oklahoma-town-least-37-dead-010033332.html
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সোমবার, ২০ মে, ২০১৩
Legal Theory Lexicon: Conduct Rules and Decision Rules
Introduction
Substantive rules of law (such as the rules of torts, contract, and property) are usually assumed to be addressed to two audiences. As?conduct rules, the substantive law is addressed to everyone (citizens, officials, and noncitizens). Thus, property law tells us who has dominion over which resources. If this land is mine, then the law communicates the message that I can use my land and exclude others from its use. These very same legal rules also serve as?decision rules, they tell courts how to resolve disputes. We usually assume that the content of the conduct rules are the decision rules are identical, but this need not be the case.
Acoustic Separation
Professor Meir Dan-Cohen of U.C. Berkeley proposed a very famous thought experiment. He asked us to imagine?acoustic separation?between ordinary citizens, who would only "hear" the conduct rules, and officials (such as judges), to whom the decision rules would be addressed. You might imagine that courtrooms are isolated by a giant "cone of silence".
Dan-Cohen's thought experiment leads naturally to the following question: should decision rules and conduct rules have the same content or should they differ?? And if they differ, how could the law prevent acoustic leakage, e.g. prevent ordinary citizens from learning about the content of the decision rules?
Example?
Here's a pretty clear example. Suppose that we have a conduct rule that says, "Ignorance of the law is no excuse." This might be a good conduct rule, because we want citizens to inform themselves about the content of the law, and we certainly don't want citizens deliberately insulating themselves from knowledge of the law in order to create a defense if they charged with its violation. But at the same time, we might prefer that ignorance of the law would serve as an excuse, at least some of the time, when it comes to actually convicting and punishing defendants. Punishment is expensive and injurious, and sometimes no really good purpose will be served by punishing someone who is reasonably ignorant of the law's content.
The Technology of Acoustice Separation
But how can we excuse ignorance of the law without altering the conduct rule?? One way to accomplish this goal would involve some obfuscation by judges. Opinions might state boldly: "Ignorance of the law is no excuse," while simultaneously excusing ignorant defendants on the ground that "knowledge of the legal status of the intentional content is part of the mental state that is an element of the crime." The first formulation is easily accessible to ordinary folks; the second is couched in language that may be opaque except to those trained in the law.
Normative Implications
Even if it is possible to create acoustic separation between conduct rules and decision rules, doing so may be problematic on normative grounds.? For utilitarians or welfarists, the only question is whether acoustic separation will produce good consequences, but for fairness-based (or deontological) approaches, the deception involved in acoustic separation seems problematic.? This intuition is reflected in a variety of legal doctrines (such as the "void for vagueness" doctrine in constitutional law) and in the notion of "publicity" that is usually included in formulations of the ideal of the rule of law.
Using the Distinction?
The distinction between conduct rules and decision rules may not arise frequently--because the conditions for acoustic separation may be rare and because the law usually aims at congruence between the two sorts of rules, but in almost every legal context the distinction could become relevant.? It is almost always worth asking, "Is there any discrepancy between the conduct rules and decision rules in this area of law?"? And if there is such a discrepancy, then further questions are in order: "Is this accidental or does it serve some function?" and "Is this instance of acoustic separation normatively justified?"
References
Meir Dan-Cohen?Decision Rules and Conduct rules: On Acoustic Separation in Criminal Law, 97 Harvard Law Review 625 (1984) (available to subscribers on Jstor?and anthologized in Meir Dan-Cohen,?Harmful Thoughts: Essays on Law, Self, and Morality(Cambridge University Press 2002).
Criminal Law Conversations?(Paul H. Robinson, Stephen Garvey, & Kimberley Kessler Ferzan eds., Oxford University Press 2009). ?This volume contains several essays that comment on Dan-Cohen's idea.
Paul H. Robinson,?Rules of Conduct?and Principles of Adjudication, 57 U. Chi. L. Rev. 729 (1990).
(Last modified on May 19, 2013.)
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রবিবার, ৫ মে, ২০১৩
New efforts to curb cellphone theft
SAN FRANCISCO (AP) ? Disturbed by the nationwide epidemic of cellphone robberies and thefts, law enforcement officials across the country are looking to the wireless industry to help find a cure.
In San Francisco, where half the robberies were phone-related last year, District Attorney George Gascon is calling on major companies in nearby Silicon Valley to create new technology such as a "kill switch" to permanently and quickly disable stolen smart phones, making them worthless to thieves.
The prosecutor said he's recently had two discussions with Apple, maker of the popular iPhone, and has talked informally with Google, creator of the Android, the world's most popular operating smartphone platform. And, he also wants to meet with Samsung, the global smartphone market leader.
"We know that the technology can be developed to prevent this. This is more about social responsibility than economic gain," Gascon said.
The stakes are huge in the battle to combat cellphone theft. Nearly 175 million cellphones ? mostly smartphones? have been sold in the U.S. in the past year and account for $69 billion in sales, according to IDC, a Massachusetts-based research firm.
And, now almost one out of three robberies nationwide involves the theft of a mobile phone, reports the Federal Communications Commission, which is coordinating formation this fall of a highly-anticipated national database system to track cellphones reported stolen.
The FCC is also working with officials in Mexico to crack down on the trafficking of stolen mobile phones that make it across the border.
San Francisco's district attorney is not the only high-ranking big-city law official seeking solutions.
In Washington D.C, where than 40 percent of its robberies in 2012 involved cellphones, police Chief Cathy Lanier said new federal laws are necessary to require all wireless providers to participate in the national stolen phones database, which is now done by choice.
"This is a voluntary agreement and the decision makers, heads of these (wireless) companies may transition over time and may not be in the same position five years from now." Lanier said in an email. "Something needs to be put in place to protect consumers."
On the theory that an inoperable phone is as useless as a "brick," Lanier and Mayor Vincent Gray also have urged residents who have their phones stolen to call their carriers and ask that the device be "bricked," or disconnected remotely to prevent resale on the black market.
In New York City, police have created a smartphone squad and partnered with Apple to track down stolen iPhones using the device's tracking number. For example, when an iPhone is stolen, Apple can report to police where the phone is located, even if it's been switched to a different carrier.
Police said the city's overall crime rate last year increased three percent mostly due to the more than 15,000 thefts of Apple-related products ? a majority of them iPhones ? said Paul Browne, a police spokesman.
"We would've had a one percent decrease in overall crime if you subtracted the Apple thefts," said Browne, adding that police have coined the phenomenon, "Apple-picking."
"We're trying to protect the orchard, so to speak," Browne said.
He added that police often use officers as decoys using their own iPhones to catch would-be robbers and stings to catch those who sell them on the black market. About 75 percent of the stolen devices stay within the city's five boroughs and some have been tracked down as far as the Dominican Republic.
In addition, New York Police Commissioner Ray Kelly has been working with U.S. Sen. Charles Schumer, D-New York, the FCC and CTIA, a trade group for wireless providers, on the national stolen phone database, along with six of the largest wireless companies.
Computer security expert Darren Hayes said law enforcement agencies, major corporations and the wireless industry have responded slowly to the spike in mobile phone thefts, leaving individuals as well as businesses vulnerable.
"Smartphones have become such an extension of our lives with all of our personal information on them and criminals recognizing its mass appeal," said Hayes, a professor and computer information systems program chair at Pace University in New York. "Professionally, there are some corporate network administrators who can control their company servers from their smartphone. While it's convenient, it could also put them at risk and could be the biggest source of data loss if they are stolen.
"We could see a potential nightmare emerging," Hayes said.
Jamie Hastings, a CTIA vice president, said the national stolen phone database is a step in the right direction and deserves a chance.
"To suggest that our members don't care about their consumers is completely inaccurate," Hastings said. "Our members are now focusing their energies on the database and achieving the start-up goal by November. The important thing at this stage is to allow our members to execute the plan that all of the stakeholders agreed upon."
The national database will be similar to a global database devised by GSMA, a wireless trade group based in the United Kingdom. Nearly 100 wireless companies across 43 countries participate in the overseas database for reported stolen mobile phones, said Claire Cranton, a GSMA spokeswoman in London.
But Gascon said a national network to track stolen phones comes up short and he is adamant that a kill switch is the best strategy to render a phone useless.
In March, he met with Apple's government liaison officer Michael Foulkes to talk about creating a kill switch technology. He described the encounter as "disappointing" but said a subsequent phone conversation with Apple's general counsel Bruce Sewell last month led to plans for talks that would include Apple's technical people.
Representatives of the tech giant did not respond to requests for comment.
"For me, a technical solution is probably better than just a criminal solution," Gascon said. "We can always create more laws, but look at how long it already takes to prosecute somebody at the expense of the taxpayers?
"If a phone can be inoperable at the flick of a switch, then a database will become moot."
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শনিবার, ৪ মে, ২০১৩
Bye 'Celebrity Rehab'! Dr. Drew's Tired of Blame for Deaths
Yesterday, Dr. Drew Pinsky haters heard the words they've been longing for. There will be no more sessions of VH-1's Celebrity Rehab. "I don't have plans to do that again, " Pinsky told the Zach Sang & The Gang radio show. "I'm tired of taking all the heat. It's just ridiculous."
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No charges for Calif. teacher accused of tying toddler
May 1 (Reuters) - Post position for Saturday's 139th Kentucky Derby at Churchill Downs after Wednesday's draw (listed as barrier, HORSE, jockey, trainer) 1. BLACK ONYX, Joe Bravo, Kelly Breen 2. OXBOW, Gary Stevens, D. Wayne Lukas 3. REVOLUTIONARY, Calvin Borel, Todd Pletcher 4. GOLDEN SOUL, Robby Albarado, Dallas Stewart 5. NORMANDY INVASION, Javier Castellano, Chad Brown 6. MYLUTE, Rosie Napravnik, Tom Amoss 7. GIANT FINISH, Jose Espinoza, Tony Dutrow 8. GOLDENCENTS, Kevin Krigger, Doug O'Neill 9. OVERANALYZE, Rafael Bejarano, Todd Pletcher 10. PALACE MALICE, Mike Smith, Todd Pletcher 11. ...
Source: http://news.yahoo.com/no-charges-calif-teacher-accused-tying-kid-214326538.html
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Skullcandy Q1 Net Sales Drop 30.4% To $37.1 Million; International ...
Skullcandy Announces First Quarter 2013 Financial Results
- First Quarter Results?Net sales were $37.1 million
- Net loss was ($0.25) per diluted share
- Non-GAAP adjusted net loss was ($0.23) per diluted share
?While our first quarter results were in line with expectations, there is still much work to be done in order to improve on our recent performance,? stated Hoby Darling, President and CEO. ?Skullcandy rapidly expanded its share of the headphone category the past few years driven in large part by a disruptive market position and strong brand equity within action sports. We now need to broaden our growth pillars in order to evolve as an audio leader and expand the category. Our go-forward plans will focus on developing more technology driven, consumer innovative products, creating deeper connections with consumers through authentic and clear brand messages, and winning at the point of sale. Through diligent focus on these key areas, combined with establishing a balanced distribution platform, we believe we can achieve our near-term operating goals while setting the Company up to deliver consistent sales and earnings growth over the long-term.?
Net sales in the first quarter of 2013 decreased 30.4% to $37.1 million from $53.3 million in the same quarter of the prior year. North America net sales decreased 37.9% to $28.7 million from $46.1 million in the same quarter of the prior year. The prior year?s first quarter was aided by lower retail customer inventory coming out of the holiday season and a packaging change that led to higher sales, creating a challenging year over year quarterly comparison. Further, the Company chose to scale back its sales to the highly discounted off-price channel by approximately 67%. This decrease was partially offset by an increase in gaming net sales of 43.8%. International net sales increased 17.5% to $8.4 million from $7.1 million in the same quarter of the prior year. Included in the North America segment in Q1 2013 and Q1 2012 are net sales of $2.1 million and $3.4 million, respectively, that were sold from North America to customers with a ?ship to? location outside of North America. Adjusting these sales into the international segment, international net sales are flat year over year.
Gross profit in the first quarter of 2013 decreased 35.6% to $16.5 million from $25.6 million in the same quarter of the prior year. Gross profit as a percentage of net sales, or gross margin, was 44.5% in the first quarter of 2013 compared to 48.1% in the first quarter of 2012. The decrease in gross margin is primarily due to a write off of $0.8 million related to end of life products (?EOL?). Certain reclassifications have been made to the 2012 balances to conform to the 2013 presentation so as to better reflect where these costs should reside in the statement of operations. For this reason, tooling depreciation and warranty related expenses are being included in cost of goods sold for all comparable periods.
Selling, general and administrative (SG&A) expenses in the first quarter 2013 increased 9.0% to $26.3 million from $24.1 million in the same quarter of the prior year. As a percentage of net sales, selling, general and administrative expenses increased to 71.0% from 45.3% in the same quarter of the prior year. SG&A expenses in the first quarter 2013 include $1.2 million in certain severance related expenses. During the three months ended March 31, 2013, the Company recorded a loss of $2.0 million related to disposals of property and equipment for certain EOL products.
Income (loss) from operations decreased to ($9.8 million) from $1.5 million in the same quarter of the prior year.
Net loss attributable to Skullcandy, Inc. in the first quarter of 2013 was ($7.0 million), or ($0.25) per diluted share, based on 27.7 million diluted weighted average common shares outstanding. Net income attributable to Skullcandy, Inc. in the same quarter of the prior year was $1.1 million, or $0.04 per diluted share, based on 27.9 million diluted weighted average common shares outstanding. Excluding certain severance related expenses, non-GAAP adjusted net loss in the first quarter of 2013 was ($6.3 million), or ($0.23) per diluted share based on 27.7 million diluted weighted average common shares outstanding. For a reconciliation of non-GAAP adjusted net income (loss) to net income (loss), see the accompanying tables at the end of this release.
Balance Sheet Highlights
As of March 31, 2013, cash and cash equivalents totaled $33.5 million compared to $10.9 million as of March 31, 2012 and the Company had no long-term debt. As of March 31, 2013, the Company had $25.6 million of availability under its credit facility. Accounts receivable decreased 11.0% to $34.8 million as of March 31, 2013 from $39.2 million as of March 31, 2012 and were down $41.5 million from December 31, 2012. Inventory as of March 31, 2013 was consistent with levels as of March 31, 2012.
Call Information
A conference call to discuss the first quarter 2013 results is scheduled for today, May 2, 2013, at 4:30 PM Eastern Time/2:30 PM Mountain Time. A broadcast of the call will be available on the Company?s website, www.skullcandy.com. Analysts and investors can participate in the live call by dialing (877) 705-6003 or (201) 493-6725. In addition, a replay of the call will be available shortly after the conclusion of the call and remain available through May 9, 2013. To access the telephone replay, listeners should dial (877) 870-5176 or (858) 384-5517 and enter ID #413283.
About Skullcandy, Inc.
Skullcandy is a leading global designer, marketer and distributor of performance audio and gaming headphones and other accessory related products under the Skullcandy, Astro Gaming and 2XL by Skullcandy brands. Skullcandy was launched in 2003 and quickly became one of the world?s most distinct audio brands by bringing unique technology, color, character and performance to an otherwise monochromatic space; helping to revolutionize the audio arena by introducing headphones, earbuds and other audio and wireless lifestyle products that possess unmistakable style and exceptional performance. The Company?s products are sold and distributed through a variety of channels in the U.S. and approximately 80 countries worldwide. Visit skullcandy.com, or join us at facebook.com/skullcandy or on Twitter @skullcandy.
Forward-Looking Statements
Certain statements in this press release and oral statements made from time to time by representatives of the Company are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. In particular, statements regarding the Company?s guidance, outlook, future financial and operating results and any other statements about the Company?s future expectations, beliefs or prospects expressed by management are forward-looking statements. These forward-looking statements are based on management?s current expectations and beliefs, but they involve a number of risks and uncertainties that could cause actual results or events to differ materially from those indicated by such forward-looking statements. Important factors that could cause actual results to differ materially from expectations are disclosed under the ?Risk Factors? section of the 2012 10-K filed with the Securities and Exchange Commission on March 13, 2013. Readers are urged not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. The Company does not undertake any obligation to update or alter any forward-looking statements, whether as a result of new information, future events or otherwise
Non-GAAP Measures
Non-GAAP adjusted net income and non-GAAP adjusted fully diluted earnings per share, for the periods presented, represents diluted net income per share excluding the impact of severance expenses associated with the departure of the Company?s former Chief Executive Officer and the settlement of litigation. Management does not believe these expenses correlate to the underlying performance of the business. As a result, the Company believes that non-GAAP adjusted net income and non-GAAP adjusted fully diluted earnings per share provides important additional information for measuring its performance, provides consistency and comparability with the Company?s past financial performance, facilitates period to period comparisons of the Company?s operations, and facilitates comparisons with other peer companies, many of which use similar non-GAAP financial measures to supplement their GAAP results. The Company?s management team uses these metrics to evaluate the Company?s business and believes they are a measure used frequently by securities analysts and investors. Non-GAAP adjusted net income and adjusted fully diluted earnings per share do not represent, and should not be used as a substitute for net income and diluted earnings per share, as determined in accordance with GAAP. The Company?s method of calculating non-GAAP adjusted net income and adjusted fully diluted earnings per share may differ from that of other companies.
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Reese Witherspoon's Arrest Video Released As She Pleads No Contest
Husband Jim Toth, who pled guilty to DUI charges, is seen in the video telling his wife to 'relax' as she argues with a police officer.
By Jocelyn Vena
Source: http://www.mtv.com/news/articles/1706752/reese-witherspoon-arrest-video-pleads-no-contest.jhtml
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শুক্রবার, ৩ মে, ২০১৩
Yext Launches Sync, An Easy Way For Local Businesses Their Many Facebook Pages
While Foursquare has been the most hyped location startup out of New York, there is actually another startup that is growing a real business from serving merchants with about 150,000 locations globally. Yext has quietly grown to 200 employees through a platform that makes it easy for brands and small businesses to manage their location data across more than 50 search engines, mapping companies and on Facebook. They’ve raised more than $65 million to date after spinning out and selling an older pay-per-call business to IAC, in favor of going after this opportunity. CEO Howard Lerman thinks of his company as the “quiet location giant,” which could eventually become one of the New York tech scene’s serious IPO candidates. They’re making their connection to the Facebook platform even more seamless today with the launch of Yext Sync. Through a mobile app, businesses can manage their Facebook Pages, whether they have one or one thousand of them. It’s designed so that a local employee at one of a franchise’s hundreds or thousands of locations can update the page with real-time content like photos or status updates. “If a Starbucks barista is interacting with customers every day, why can’t they manage the local Facebook Page?” said Yext CEO Howard Lerman. He said that Facebook is now a growing source of local search; according to a study from Neustar, Facebook has about 13 percent of local searches now. The app they’ve built, called Yext Sync, kind of feels like any other social networking app where you can just add photos or updates to a stream (which ends up being the Facebook page). Facebook actually has its own Pages Manager App, but it isn’t multi-platform, Lerman says. “When a business or brand posts into Yext, it appears not just in Facebook, but also, optionally on our network of 50 sites,” he explained. “So, post once, and it updates more than 50 platforms with one touch. This is better than updating each platform individually.” Yext is looking to have 300,000 locations on its platform by next year. They have a subscription model with tiers that range from $149 a year to $499, depending on the number of sites a business wants to manage.Source: http://feedproxy.google.com/~r/Techcrunch/~3/kPhJ28tniI8/
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Bees survival: ban more pesticides?
May 3, 2013 ? Neonicotinoids are under intense scrutiny. But a ban of a broad variety of pesticides may be required to protect bees, humans and the environment.
The European Commission, on 29th April 2013, slapped a two-year ban on insecticides suspected of killing off bee colonies. This follows the European Food Safety Authority finding that they pose a high acute risk to honey bees. Studies suggest that the nicotine-like compounds fry bees' navigation systems and leave them unable to learn, while weakening their immune system.
But scientists now warn that other nerve agents targeting insect pests may also be harming bees and other pollinators. "These neonicotinoids are just one of hundreds of compounds being used and I would be surprised if it was all down to just these chemicals," says Christopher Connolly, a neuroscientist at the University of Dundee, UK. He argues that we should not allow farmers spray a toxic soup of chemicals onto their crops.
Pesticides not adequately tested
Connolly exposed bee brains to these pesticides and organo-based pesticides andreported that the nerves spun into hyperactivity and then stopped working. A combination of these two pesticides types had a stronger impact, suggesting the combined soup of pesticides could be causing more serious harm. "I don't understand how this was missed. As a neuroscientist it just seemed blindingly obvious. The biggest effect was hyperactivation of the major learning centre, which was completely predictable," Connolly said.
The nerve agents effects were missed because safety screens looked to see how many honey bees die after four days exposure. But harm is only evident over a period of two weeks in bumblebees and is seen when you look at entire colonies. "So the safety test is all wrong. The thing that concerns me is that this throws a question mark over several hundred pesticides, all tested by inadequate safety screens," says Connolly. He suggests that we should be tracking pesticides use in the environment, just like we monitor drug use in patients.
Not collecting such data might even pose health issues for people. "Bear in mind we have lots of idiopathic diseases in humans which we don't know the cause of and given that we don't know what pesticides are used in what combinations and when, we don't know if these pesticides may be contributing to some or even all these unknown diseases," Connolly warns.
More research needed
Connolly argues that we need to carry out research to find out which pesticides are the least harmful. If neonicotinoids are the least toxic, then we should go with them. He says governments have underfunded this research area partly because it is inconvenient to find pesticides are dangerous. Dave Goulson, professor of biological science at the University of Sterling, UK agrees: "there haven't been nearly enough studies of all pesticides or interactions between them." He recently published a studyshowing neonicotinoids hit bumblebee colony growth and queen production. He also said: "beneficial insects such as ladybirds and bees are exposed to lots of different chemicals and we have a really poor understanding of what it does to them." He also points out that we need to be concerned with what we replace these nerve agents with.
More research may be helpful, but industry criticises extrapolation of lab studies to field conditions. Julian Little, spokesperson for Bayer Cropscience, based in Norwich, UK, says the evidence against these pesticides has all been lab based, essentially taking a social insect and force-feeding it insecticide. It says the results cannot be replicated in the environment.
But he also agrees more monitoring of pollinators is needed. "Where you do get large-scale bee deaths not enough has been done to know exactly what has happened," Little commented. He says pests and loss of feeding sites and nesting sites are most likely behind bee declines. "France has had restrictions [of neonicotinoids] over the last ten years, yet the bees there remain as bad if not worse than they are in the UK."
Avoidance of pesticide use
A possible solution to preserve bee populations further would be to restore the principle of avoidance of pesticide use. "The whole ethos of pest management has gone in the wrong direction," Goulson argues. Whereas integrated pest management sought to use as few pesticides as possible, the neonicotinoids are a preventive strike. "A simple analogy is that it's like taking antibiotics in case you get ill rather than when you get ill. Everyone knows that is a silly idea, as it results in bacteria rapidly developing resistance. It is the same with these pesticides."
However, opponents believe that the neonicotinoids ban is unlikely to decrease pesticide use. Quite the opposite. Little warns that farmers may now have to resort to spraying insecticides up to four times a year, now that they cannot coat seeds in neonicotinoids.
But other experts do not agree. There are several alternatives to using neonicotinoids, and other pesticides, according to Simon Potts, professor of biodiversity and ecosystem services at Reading University, UK. This is a great opportunity for farmers to adopt these practices to protect bees and other pollinators. Indeed, he believes farmers will benefit from healthy pollinator populations as they provide substantial economic benefits to crop pollination.
"Few people would disagree that we need to protect our food production, but it shouldn't be at the cost of damaging the environment," Potts said, adding: "A short-term decision to keep using harmful products may be convenient, but will almost certainly have much greater long-term costs for food production and the environment."
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The above story is reprinted from materials provided by youris.com. The original article was written by Anthony King.
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Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.
Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/C3Y7qHTPOKI/130503094140.htm
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Poetry for aliens: NASA wants to put your haikus into space, but only three of them
NASA wants your words,
preferably a haiku.
It might go to Mars!
Filed under: Transportation, Science, Internet, Alt
Via: NPR
Source: NASA
Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/Uondud5ilsI/
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MTN shares up after Turkcell withdraws $4.2 bln corruption suit
May 1 (Reuters) - Post position for Saturday's 139th Kentucky Derby at Churchill Downs after Wednesday's draw (listed as barrier, HORSE, jockey, trainer) 1. BLACK ONYX, Joe Bravo, Kelly Breen 2. OXBOW, Gary Stevens, D. Wayne Lukas 3. REVOLUTIONARY, Calvin Borel, Todd Pletcher 4. GOLDEN SOUL, Robby Albarado, Dallas Stewart 5. NORMANDY INVASION, Javier Castellano, Chad Brown 6. MYLUTE, Rosie Napravnik, Tom Amoss 7. GIANT FINISH, Jose Espinoza, Tony Dutrow 8. GOLDENCENTS, Kevin Krigger, Doug O'Neill 9. OVERANALYZE, Rafael Bejarano, Todd Pletcher 10. PALACE MALICE, Mike Smith, Todd Pletcher 11. ...
Source: http://news.yahoo.com/mtn-shares-turkcell-withdraws-4-2-bln-corruption-111300943.html
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'Great Gatsby' filmmaker wants to inspire summer of lavish parties
By Zorianna Kit
(Reuters) - The latest big-screen adaptation of "The Great Gatsby" gets its world premiere in New York on Wednesday, kicking off what film director Baz Luhrmann hopes will be a summer of extravagant Gatsby-inspired parties.
"Is there a book that captures summer in New York more accurately, more viscerally than 'The Great Gatsby'? I don't think so," Luhrmann told Reuters ahead of the film's premiere and May 10 U.S. release date.
Starring Leonardo DiCaprio, and with a soundtrack produced by rapper Jay-Z, the film has struck promotional partnerships with clothing retailer Brooks Brothers, jeweler Tiffany & Co. and Moet & Chandon champagne.
"The idea is that you don't just come see the movie, but also celebrate that extraordinary book throughout the summer," the Australian director said of his version of F. Scott Fitzgerald's 1920s tale of decadence and illusion.
"There's an intoxication that (protagonist) Jay Gatsby used to draw all of New York into his glittering parties and his mysterious gardens."
The film, shot mostly in Australia, was a long time coming. Its release date was originally set for December 2012 but was pushed to May, causing speculation as to what was happening behind the scenes.
Luhrmann, who also directed the 2001 musical "Moulin Rouge," said the biggest issue was the unrelenting bad weather that kept halting production.
"It didn't rain once or twice, it rained five times," Luhrmann said. "I got shut down so many times that we had to reconvene in February (2012). When we reconvened, it rained again!"
It wasn't just the lousy weather that wreaked havoc on the schedule. Luhrmann said he got hit by a crane during production just before Christmas 2011.
"I wasn't going to die, but I had four stitches and a concussion," he said. "We just had to shut down at that point."
With visual effects also taking longer than anticipated, Luhrmann felt confident he could still deliver the film in time for release on December 25, 2012.
Then another glitch occurred. Quentin Tarantino's slavery-era movie "Django Unchained," also starring DiCaprio, had the identical release date.
That would have forced the actor to simultaneously promote two vastly different films during Hollywood's awards season.
Movie studio Warner Bros. ultimately rescheduled "The Great Gatsby" for a summer release, which Luhrmann said was a good fit. The movie is also opening the Cannes film festival on May 15.
"The convincing point for me was that the book is set in the sweltering summer," said Luhrmann. "All the action takes place during one summer period."
It's mostly franchise action films playing at theaters this summer. May alone brings "Iron Man 3," "Fast & Furious 6," "The Hangover Part III" and "Star Trek Into Darkness."
Luhrmann says he isn't too concerned about the competition.
"Those summer blockbusters? I get it," he said. "Yet what we are saying with 'Gatsby' is our film shouldn't live or die in one weekend. We've got to play throughout the entire summer. It's going to be the summer of Gatsby."
(Reporting By Zorianna Kit in Los Angeles, editing by Jill Serjeant and Xavier Briand)
Source: http://news.yahoo.com/great-gatsby-filmmaker-wants-inspire-summer-lavish-parties-013431466.html
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Guerrero likes chances of giving Mayweather loss
Floyd Mayweather Jr. poses for photos at the end of a news conference, Wednesday, May 1, 2013, in Las Vegas. Mayweather faces Robert Guerrero on Saturday for Mayweather's WBC welterweight title. (AP Photo/Julie Jacobson)
Floyd Mayweather Jr. poses for photos at the end of a news conference, Wednesday, May 1, 2013, in Las Vegas. Mayweather faces Robert Guerrero on Saturday for Mayweather's WBC welterweight title. (AP Photo/Julie Jacobson)
Boxer Robert Guerrero listens to comments during a news conference, Wednesday, May 1, 2013, in Las Vegas. Guerrero will challenge Floyd Mayweather Jr. for Mayweather's WBC welterweight title on Saturday. (AP Photo/Julie Jacobson)
Boxers Floyd Mayweather Jr., left, and Robert Guerrero, right, pose for photographers with Mayweather's advisor, Leonard Ellerby, second from left, and Oscar De La Hoya, during a press conference, Wednesday, May 1, 2013, in Las Vegas. Guerrero will take on Mayweather for Mayweather's WBC welterweight title on Saturday. (AP Photo/Julie Jacobson)
Ruben Guerrero, right, father of fighter Robert Guerrero, left, shouts at Floyd Mayweather Jr. calling him a wife beater during a news conference, Wednesday, May 1, 2013, in Las Vegas. Robert Guerrero will challenge Mayweather for Mayweather's WBC welterweight title on Saturday. (AP Photo/Julie Jacobson)
LAS VEGAS (AP) ? Floyd Mayweather Jr. admitted this week what many have long suspected ? that he hand picks every opponent who enters the ring with him.
He also decides how much they get paid and what the contract details will be. So Robert Guerrero was somewhat prepared when Mayweather picked him to be the opponent for his first fight in a year Saturday night at the MGM Grand hotel.
What he wasn't prepared for was what Mayweather's camp insisted on putting in the contract.
"He asked for a rematch clause. That was the very first thing," Guerrero said. "It just shows me where his head is at."
Where Mayweather's head is at has, of course, been the topic of many conversations over the years. When he fought last May against Miguel Cotto the worry among his fans was that he would be distracted by an upcoming jail sentence, though that turned out to be unfounded.
Talk to Mayweather now, and his head seems to be fine. So, too, are his reflexes at the age of 36, at least judged by a sparring session last week where he practiced landing right hand leads against a fighter mimicking Guerrero's southpaw style.
He has to lose sometime because nearly every fighter not named Rocky Marciano lost at some point in their career. But Mayweather has a new six-fight television deal that should cement his status as the world's highest paid athlete, and he doesn't seem terribly concerned about a loss or a possible rematch of their welterweight title fight.
"I've done this my whole life," Mayweather said. "This is what I love to do."
Though Mayweather sees Guerrero as just the latest opponent for yet another huge payday, Guerrero sees things quite differently. He believes he is the fighter who will be the first to beat Mayweather, and he's eager to earn both the recognition and the money that would come with such a win.
At the final pre-fight press conference Wednesday he said Mayweather made a mistake by picking him as an opponent.
"They talk about this as Floyd Mayweather's home," Guerrero said. "Well, this is a home invasion."
Oddsmakers don't share Guerrero's confidence, making the former champion in three weight classes a decided underdog in the biggest fight of his career. But the once-beaten (31-1-1) fighter from Gilroy, Calif., said he's been underestimated his entire career.
"The only thing that means something is what you do in that ring," he said. "I just can't wait to get in that ring."
Both fighters were on their best behavior at their final press conference, though their fathers almost mixed it up. Floyd Mayweather Sr. and Reuben Guerrero ? who both train their sons ? exchanged words after Reuben Guerrero went into a rant about Mayweather being a woman beater for the altercation with the mother of his children that got him jailed for 70 days last year.
There is an undercurrent of hostility between the fighters, too, with Mayweather suggesting Guerrero ? who talks openly about his faith ? is a hypocrite for getting busted in a New York gun charge while promoting the fight. Mayweather also said that Guerrero used his wife's fight with leukemia ? she is now healthy ? to gain fans and sympathy for himself.
"It's laughable," Guerrero said. "I don't need sympathy, I come to fight. Sympathy doesn't win fights."
Though Mayweather is unbeaten in 43 fights and has been a pay-per-view star since his 2007 win over Oscar De La Hoya, he has been fighting professionally for 17 years and is getting to an age that historically fighters have had trouble with. The fact he's fought only four times since beating Ricky Hatton more than five years ago and has not fought in a year leads some in boxing to believe he may have as much trouble with ring rust as he has with Guerrero.
There are signs, too, that perhaps his appeal is fading, though Mayweather would argue that his fan base is bigger than ever. Seats are still readily available for the fight at the MGM arena, and the All Access shows promoting the fight on Showtime have generated little buzz.
A documentary on Mayweather's life that aired last Saturday in primetime on Showtime's sister network, CBS, also drew miserable ratings.
Still, Mayweather ? who acts as his own promoter ? insists the promotion is going well and people will tune in at home, even at a suggested retail price of $69.95. Mayweather's win over Cotto last May drew 1.5 million pay-per-view buys, his biggest sales since he and De La Hoya combined for a record 2.5 million.
"I think everything is playing out like it should play out," Mayweather said. "I'm ready to go out there and perform.
____
Tim Dahlberg can be reached at http://twitter.com/timdahlberg
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PFT: McElroy excited for five-man QB competition
Getty ImagesYes, you read that correctly.
49ers rookie wide receiver Quinton Patton, eager to begin work with his new team, flew from Nashville to San Francisco at his own expense Monday to work out with the club. However, the 49ers sent home the fourth-round pick from Louisiana Tech before he arrived at the club?s facilities.
According to 49ers head coach Jim Harbaugh, who told the story?on KNBR-AM in San Francisco on Wednesday, Patton would not have been able to take part in the club?s rookie minicamp from May 10 through May 12 if he arrived?this week.?According to Harbaugh, NFL rookies can be present at a club?s facilities right after they are drafted, but Patton was arriving after that period of time. (For those interested in hearing the story, ?Harbaugh?s remarks begin at about the eight-minute mark at the above link. Also, a hat tip to the 49ers for mentioning Patton?s interesting journey on Twitter.)
In the interview, Harbaugh joked that Patton?s trip was ?probably the best money that he?s ever spent,? given how the story would now be associated with his desire to play the game and would be told time and again if he has a long career.
That said, Harbaugh?s respect for the rookie was clear.
?The fact that he would buy his own ticket, fly out here, just to me speaks volumes about him,? Harbaugh said. ?I mean, to be honest with you, he reminds me of me. That?s something I would have done.?
And Harbaugh?s enthusiasm about Patton?s enthusiasm was clear, too.
?Isn?t that awesome?? Harbaugh said.
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NY School Cafeteria Goes Vegetarian
May 1, 2013 3:14pm
A New York City elementary school cafeteria is one of the first in the nation to go meatless.
Students at P.S. 244 , the Active Learning Elementary School, are being treated to eclectic fare, including black bean and cheese quesadillas, falafel and tofu in an Asian sesame sauce.
?It?s been a really great response from the kids, but they also understand it?s about what is the healthiest option for them,? principal Bob Groff told ABCNews.com. ?Because we teach them throughout our curriculum to make healthy choices, they understand what is happening and believe in what we?re doing too.?
When the school opened in 2008, they started serving vegetarian meals three days a week. The campus became a vegetarian test kitchen for the city, Groff said.
?We then started to try out recipes with small groups of students, see what they liked, see what they didn?t like,? he said.
The recipes were a hit, Groff said, prompting the school to expand its meat-free meals to four days a week and then adopting a 100 percent vegetarian kitchen in January.
?The big thing I would like people to know is, this isn?t just about a vegetarian menu,? Groff said. ??It?s about living a healthy lifestyle and educating students on what options are out there.?
All meals have to adhere to USDA standards, he said, making sure students get plenty of nutrients, including protein, for their growing bodies.
That means nutrient-dense foods such as chickpeas, kidney beans and tofu.
If the herbivore-friendly grub doesn?t suit students, ?Groff said they?re always welcome to pack their lunch, including meat.
The school operates on an application and lottery system, meaning it?s not zoned to a particular neighborhood.?It serves 400 students?from pre-kindergarten through grade three.
?
(Image Credit: WABC)
SHOWS: Good Morning America
Source: http://abcnews.go.com/blogs/health/2013/05/01/elementary-school-cafeteria-goes-vegetarian/
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Finding Nematostella: Ancient sea creature shines new light on how animals build an appendage
May 1, 2013 ? There's a new actor on the embryology stage: the starlet sea anemone Nematostella vectensis. Its career is being launched in part by Stowers Institute for Medical Research Associate Investigator Matt Gibson, Ph.D., who is giving it equal billing with what has been his laboratory's leading player, the fruit fly Drosophila melanogaster.
Gibson's lab investigates the cellular and molecular mechanisms used by cells to assemble into layers or clusters during embryogenesis. Those tissues, composed of densely packed cells known as epithelial cells, shape the body not only of simple creatures but also of mammals, where they line every body cavity from lung to intestine and form hormone- and milk-secreting glands. Unfortunately these cells have a dark side too- over 80% of human cancers, carcinomas, are of epithelial origin.
The Gibson lab has historically used the genetic powerhouse Drosophila to investigate the control of epithelial cell shape and proliferation during wing, leg and eye development. Breaking with tradition, their new study published in the May 15th, 2013 issue of Development, explains how developing sea anemone larvae construct an even more basic epithelial appendage, the tentacle. The paper charts how epithelial cell shape changes drive tentacle development and is also the first to identify candidate genes driving those changes. Most of all, by putting a new model organism representing one of the simplest animals center stage, the study illuminates some of the most fundamental principles animals use to construct a body.
Lacking even left-right symmetry, sea anemones are evolutionarily ancient. But during embryogenesis their larvae compensate for an uninspiring torso by sprouting tentacles from thickened epithelial buds surrounding their mouth. "Nematostella's body is basically a bag of epithelium," says Gibson. "And that simplicity makes it a great system for determining how epithelial cells act collectively to shape an appendage. Taking advantage of this fast, easy and cheap experimental system, we can quickly answer questions that give us deep insight into a process, at both the mechanistic and evolutionary levels."
The all-Stowers study, led by first author Ashleigh Fritz, a graduate student at the University of Kansas School of Medicine working in the Gibson lab, began by imaging Nematostella larvae at the cellular level before, during, and immediately after "juvenile" tentacles sprang from their body. Freshly hatched Nematostella larvae are under intense pressure to get their tentacles up and running, as they use them to pull food toward their mouths. The question was, what kind of cellular reshuffling drove these survival-dependent changes in morphology?
"We thought tentacle outgrowth might be driven by cell proliferation," says Fritz, noting that some of Nematostella's freshwater cousins sprout appendages by constant cell division. "Instead, we observed that cells begin thickened and then thin out as tentacles elongate." In other words, the process was driven not by cell duplication along a "tentacle axis" but rather by stretching a stockpile of cells.
Embryologists call the embryonic thickening of epithelial cells that provides raw material for a mature structure a placode. "Placodes have appeared over and over throughout evolution," says Gibson, noting that placodes give rise to wings or eyes in flies and feathers and teeth in vertebrates. "Discovering that placodes are also utilized in animals as seemingly primitive as Nematostella shows how fundamental this strategy is in evolution."
The group also showed that activation of a cellular receptor known as Notch was mandatory for tentacles to emerge from a placode. Newly hatched Nematostella larvae swimming in lab seawater laced with a drug that blocks Notch receptor activity failed to sprout tentacles.
The researchers also constructed microarrays from tissue isolated at early, mid, and late stages of tentacle extension, allowing global comparison of the collection of mRNAs, or the "transcriptome," at each stage. That effort, driven by Stowers Research Advisor Chris Seidel, Ph.D., and Ariel Paulson of the Stowers Computational Biology Core, is an obligatory step in pioneering any new model organism.
"Transcriptome analysis led us to identify novel tentacle markers," says Fritz, referring to molecular probes used to define a particular cell type. "Also gene expression patterns that we and others have identified allowed us to construct the first-ever molecular model of how tentacles are patterned."
In short, the study not only suggests universal principles underlying sculpting of epithelial structures from a placode, but also provides investigators with a toolkit to test whether specific genes drive the process.
An added bonus is that in 2007 a consortium of researchers sequenced the Nematostella genome and reported it to be more "human-like" in size and structure than that of Drosophila or another widely used model system, the nematode C. elegans. As a result, Gibson thinks that for many key questions, Nematostella may represent a better laboratory model than either.
"The common ancestor of sea anemones, flies, and humans likely had a surprisingly complex genome," he says, explaining that over millions of years of evolution flies and worms might have lost some genomic complexity. "As a result, these seemingly simple animals share some key genomic characteristics with humans and other vertebrates."
The Gibson laboratory continues to use both flies and sea anemones to ask how epithelial proliferation is controlled and why epithelial placode formation is so prevalent in developing embryos. Their next task is to develop molecular approaches to test how specific genes govern Nematostella embryogenesis. "Right now we are actively working on experimental tools, including techniques to knockout, edit or overexpress genes in Nematostella," says Gibson. "This paper opens up new ground and lays foundation for a next round of more deeply mechanistic studies."
In addition to Seidel and Paulson, Gibson lab postdoctoral fellow Aissam Ikmi, Ph.D., also contributed to the study.
The study was funded by the Stowers Institute for Medical Research and the Burroughs Wellcome Fund.
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Story Source:
The above story is reprinted from materials provided by Stowers Institute for Medical Research.
Note: Materials may be edited for content and length. For further information, please contact the source cited above.
Journal Reference:
- A. E. Fritz, A. Ikmi, C. Seidel, A. Paulson, M. C. Gibson. Mechanisms of tentacle morphogenesis in the sea anemone Nematostella vectensis. Development, 2013; 140 (10): 2212 DOI: 10.1242/dev.088260
Note: If no author is given, the source is cited instead.
Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.
Source: http://feeds.sciencedaily.com/~r/sciencedaily/most_popular/~3/ipGF0K7T51c/130502093513.htm
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The Deal is Done ? Now What? - Program on Negotiation at Harvard ...
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How to Turn Paper Agreements Into Durable Relationships
At last, the deal is done. After 18 months of negotiation, eight trips across the country, and countless meetings, you?ve finally signed a contract creating a joint venture with a Silicon Valley firm to manufacture imaging devices using your technology and their engineering.
The contract is clear and precise. It covers all the contingencies and has strong enforcement mechanisms. You?ve given your company a solid foundation for a profitable new business. As you file the contract, a question dawns on you: Now what?
It will take more than a well-written contract to produce those devices on time, under budget, and up to specifications. To do that, your two companies will need to develop an effective working relationship.
?Once the contract is signed, we put it in a drawer. After that, what matters most is the relationship, and we?re negotiating it all the time.?
Whether you?re manufacturing audio components in China; providing data-processing services in Chicago; or constructing a cement plant in Cheyenne, Wyoming, the quality of your relationship with a contractual partner is often the difference between a successful deal and one that falls apart.
In this article, the Program on Negotiation will show your how to turn that contract you just signed into a relationship that works.
Relationship Building Blocks
Here are some essentials for a good working relationship:
? Two-Way Communication
Too often, negotiators assume that communication will occur naturally once they begin working together.
But the development of effective communication is anything but natural.
? A good working relationship between deal partners requires that information flow easily in both directions. At the time executives negotiate a deal, they should address the modes of communication they?ll use after the contract is signed.
Parties to a long-term transaction can communicate in person or on the phone, or through faxes, video teleconferences, email, and so on. While each mode may be an effective means of passing on desired information, some are more conducive to building and managing business relationships.
Face-to-face meetings are usually the most powerful tool, allowing parties to convey information and learn more about each other. Visits may lead to brainstorming about new projects and business ideas. They also demonstrate the visitor?s dedication to the relationship.
Strong commitment
A good working relationship is one in which the two sides are committed to each other and to their partnership.
Commitment requires more than just signatures and handshakes, however.
Your partner will judge whether your commitment is genuine based on your behavior over the course of the relationship.
? To test the other side?s degree of commitment, try structuring your transactions to require increasing levels of effort, capital, and cooperation.
For example, your deal to manufacture imaging devices might stipulate that the other side will increase its capital in the venture once the first batch of devices succeeds in the market.
Reliability
An important basis for trust, reliability has two dimensions.
? First, a business partner?s conduct should honor promises and commitments made to the other side.
A business partner who submits reports two months later, fails to show up for meetings on time, and responds slowly to emails will soon be viewed as unreliable.
That judgment will inevitably become an obstacle to developing a good working relationship and eventually may lead to the abandonment of the deal. On the other hand, if your Silicon Valley partner judges you to be reliable, it will quite naturally turn to you to develop other business concepts.
Mutual Respect
Creating respect in a relationship begins with the principle of equality between parties ? the sense that each side recognizes that the other brings something valuable to their common enterprise and that both sides deserve to be heard.
Like communication, respect is a two-way street.
Too often, the partner with more advanced technology in a joint-venture will attempt to dominate the relationship by lauding its superior knowledge and belittling the other side?s ability and experience.
Show genuine interest in your contractual partner?s viewpoint. You may think you know more about the deal, but your partner could surprise you by improving it with valuable information and insights.
Relationship Rules
With these building blocks in mind, now consider some concrete guidelines for fostering a strong relationship between negotiating partners, which is drawn from The Global Negotiator: Making, Managing, and Mending Deals Around the World in the 21st Century by Program on Negotiation faculty member Jeswald Salacuse.
1. Start forming a relationship before you sign the contract.
While negotiators must necessarily be concerned about a deal?s contractual provisions, they should also lay a solid foundation for a business relationship from the very start of talks.
? Unfortunately, many dealmakers do not. In one survey, American executives were asked whether their primary negotiation goal was to reach a contract or start a relationship. Fifty-four percent were focused on hammering out a contract. Their chances for a successful deal would be far better if they thought of themselves as relationship negotiators, not just contract makers.
? Before sitting down at the bargaining table, you might also consider hiring a consultant to develop and guide a program of relationship-building activities that could include joint workshops, get-acquainted sessions, and retreats for executives from both sides.
2. Select the Right People to Manage the Relationship
Launching a business relationship requires diplomacy as well as technical expertise.
To lay a solid foundation for the relationship, each side should select people with appropriate interpersonal skills, knowledge, and sensitivity.
Indeed, these qualities may be more important in the long run than the technical knowledge of engineering, marketing, or finance. Just as diplomats must be vetted by the receiving state, parties to alliances might agree that executives appointed to manage the relationship should receive the approval of the other side.
3. Closely Involve Negotiators in Implementation
Too often, companies signing a long-term contract assume that a solid working relationship will develop automatically.
For example, General Motors negotiated a series of joint venture that ran into trouble once GM and its international partners began working together.
? Why? Because the teams that negotiated the deal were not involved in implementing it. After GM negotiators formed a joint venture, they?d move on to the next deal, leaving other executives with the task of figuring out how to make it work. Within the company, this became known as throwing it over the wall ? that is, negotiating a deal and leaving it to others to make it work.
During negotiations, both sides gain an enormous amount of information about each other and the deal. In the process, they may very well form a positive relationship.
To mobilize these valuable assets, the negotiators themselves should play a role in implementing the transaction, at least in the beginning.
4. Work to Keep Leaders Involved and Interested in the Relationship
Many deals are formed with the active involvement of the companies? leaders, whose personal relationship becomes a foundation for the relationship between the two organizations.
After the contract is signed, it?s important to find ways to maintain management?s visible interest.
Try scheduling periodic meetings for leaders to review together the evolution of the relationship between their companies.
? For example, your deal to produce imaging devices might call for semiannual meetings between the heads of your two firms, alternating between San Jose and Boston.
5. Educate Company Personnel About the Deal
Don?t assume that others in your firm will become as enthusiastic and knowledgeable about the deal as the negotiators are. Indeed, others may view involvement with another company ? whose culture and business practices they may not understand ? as a burden, or even a threat.
Inevitably, those implementing any deal will encounter difficulties, such as delivery delays, failed technologies, and miscommunication. Both sides will be better able to overcome these problems if their employees know and trust one another than if they view the other side with suspicion and hostility.
To overcome resistance within their organizations, deal advocates should plan educational efforts that bring employees from the two firms together, such as meetings, retreats, seminars, site visits, and jointly produced memorandums, and newsletters. Remember: organizational relationships begin with personal relationships.
6. Meticulously Plan and Oversee Initial Joint Activities.
Just as opening moves in a negotiation can either facilitate or hinders the steps that follow, initial joint activities between contractual partners can either ease or obstruct the creation of a productive working relationship.
Consequently, the two sides should carefully define and supervise the first moves in their relationship. Don?t assume that everything will flow smoothly from the contract terms. It may be better to start small, with actions that are sure to succeed, before moving on to more ambitious projects.
Before beginning full-scale production of the imaging devices, for example, you would certainly want to make and test a prototype.
7. Agree on a Schedule of Meetings to Review the Progress
Although a business relationship is organic and evolves over time, this doesn?t mean that the two sides should not consciously shape it.
To guide the evolution of a sound relationship, both companies should adhere rigorously to a regular schedule of meetings, rather than just meeting from time to time or when the need arises.
When you download the New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation you will learn how wise negotiators extract unexpected value using an indirect approach to conflict management.Source: http://www.pon.harvard.edu/daily/conflict-management/the-deal-is-done-now-what/
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