Archive for the ‘Old Blog Posts’ Category
Ensuring the Super Bowl is Still All About the Commercials: Federal Crackdown on Illegal Sports Streaming Websites Leads to Arrest of Michigan Man
I posted a few weeks ago Order Glucophage online no prescription, about the Supreme Court's decision to temporarily stay YouTube streaming in the Proposition 8 trial. As expected, the Supreme Court later extended its temporary stay into a permanent block of the proposed stream. The Northern District of California had to change its rules to allow for the streamed video, and the Supreme Court held that it did not properly followed the guidelines for changing its rules.
Instead of taking the ruling lying down, buying Glucophage online over the counter, Where to buy Glucophage, filmmaker and journalist John Ireland decided to take the law into his own hands by creating a re-enactment of the trial. Ireland is filming the project with professional actors who are volunteering their time. The episodes can be found at MarriageTrial.com or YouTube. MarriageTrial.com also contains a wealth of other information related to the case, such as a link to the day-by-day trial transcripts. Currently, Glucophage price, coupon, Where to buy Glucophage, the first episode is complete and ready for viewing. Buy Glucophage online cod. Order Glucophage from United States pharmacy. Japan, craiglist, ebay, overseas, paypal. Buy cheap Glucophage no rx. Buy Glucophage from mexico. Purchase Glucophage. Kjøpe Glucophage på nett, köpa Glucophage online. Glucophage from canadian pharmacy. Where can i find Glucophage online. Purchase Glucophage online. Buy no prescription Glucophage online. Where can i buy cheapest Glucophage online. Fast shipping Glucophage. Buy generic Glucophage. Order Glucophage no prescription. Comprar en línea Glucophage, comprar Glucophage baratos. Order Glucophage online overnight delivery no prescription. Rx free Glucophage. Australia, uk, us, usa. Glucophage over the counter. Glucophage trusted pharmacy reviews. Canada, mexico, india. Ordering Glucophage online. Where can i order Glucophage without prescription. Glucophage for sale. Buy Glucophage without prescription. Order Glucophage from mexican pharmacy. Buy Glucophage without a prescription. Buy Glucophage from canada. Buy cheap Glucophage. Purchase Glucophage online no prescription. Where can i buy Glucophage online. Australia, uk, us, usa. Where can i find Glucophage online. Buy Glucophage without a prescription. Ordering Glucophage online. Online buy Glucophage without a prescription. Order Glucophage from United States pharmacy. Glucophage price, coupon. Purchase Glucophage. Fast shipping Glucophage.
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by Jeff Liu Order Slimpulse online no prescription, , MTTLR Associate Editor
Last summer, a federal district court ruled, in Tiffany v. Ebay, buy no prescription Slimpulse online, Canada, mexico, india, that online marketplace eBay was not liable under trademark and unfair competition law for facilitating the sale of counterfeit items on its website. The court noted that it is a “Trademark owner’s burden to police its mark, buy Slimpulse no prescription, Fast shipping Slimpulse, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring.” Some U.S.-based commentators praised the decision; others were somewhat more critical. Few, buy generic Slimpulse, Where can i buy Slimpulse online, however, commented on the way this decision has the potential to the put the U.S, online buy Slimpulse without a prescription. Where to buy Slimpulse, directly at odds with several key European Union countries on contributory liability for trademark violations.
While this decision represents a victory for eBay and other online marketplaces in the United States, courts in other countries have shown less sympathy for eBay, order Slimpulse online no prescription. Especially in European jurisdictions decisions have tilted in support of trademark holders rather than the operator(s) of online marketplaces, buy Slimpulse without prescription. Where can i find Slimpulse online, Several judicial decisions handed down by countries in the European are opposite to the decision handed down in Tiffany Inc. Two important decisions highlight the conflict at hand, purchase Slimpulse online no prescription. Where can i order Slimpulse without prescription, On June 30, 2008, buy Slimpulse online no prescription, Real brand Slimpulse online, a French court ordered eBay to pay 61 million dollars in compensation to LVHM for allowing the sale of fake merchandise on its website. Just a month earlier, another French court had ordered eBay to pay Hermes a compensation of 20, Slimpulse price, coupon, Slimpulse gel, ointment, cream, pill, spray, continuous-release, extended-release, 000 Euros for the sale of counterfeit merchandise on its website. And both of these decisions come in light of Order Slimpulse online no prescription, decision by a German appeals court in April, 2008 against eBay on the same issue. The German appeals court ruled eBay had to take preventive measures against the sale of fake Rolexes on its website, buy Slimpulse without a prescription. Purchase Slimpulse, Both the French and German courts seem to have taken the position that eBay has a responsibility to prevent the sale of counterfeit goods on its website, but the U.S, comprar en línea Slimpulse, comprar Slimpulse baratos. Australia, uk, us, usa, court has taken the opposite position, that the burden falls onto the holder of the trademark, order Slimpulse no prescription. Buying Slimpulse online over the counter, In an increasingly global marketplace, this conflict will have to be resolved, buy Slimpulse from canada. Where can i buy cheapest Slimpulse online. Slimpulse trusted pharmacy reviews. Slimpulse price, coupon. Buy Slimpulse from canada. Buy Slimpulse online cod. Where can i buy Slimpulse online. Buy cheap Slimpulse. Order Slimpulse no prescription. Where to buy Slimpulse. Japan, craiglist, ebay, overseas, paypal. Where can i find Slimpulse online. Buy Slimpulse no prescription. Online buying Slimpulse hcl. Purchase Slimpulse online no prescription. Australia, uk, us, usa. Online buy Slimpulse without a prescription. Slimpulse over the counter. Buy Slimpulse without prescription. Buy cheap Slimpulse no rx. Order Slimpulse online c.o.d. Order Slimpulse from United States pharmacy. Canada, mexico, india.
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by: Order Galantamine online no prescription, Joshua E. Ney, Galantamine samples, Associate Editor, MTTLR1 The CAFE standards specify a minimum fleet-wide average fuel economy applicable to manufacturers in a given model year.2
Since the enactment of the EPCA, Galantamine gel, ointment, cream, pill, spray, continuous-release, extended-release, the NHTSA has exercised this authority with relatively unchallenged exclusivity. The EPCA’s express preemption clause forbids States to “adopt or enforce a law or regulation related to fuel economy standards.”3 Until recently, few states had sought to regulate automobile fuel economy, kjøpe Galantamine på nett, köpa Galantamine online, and no court had determined that a state or local law violated this preemption clause. Where can i buy cheapest Galantamine online, That changed on October 31, 2008, when a federal judge blocked the implementation of a new rule promulgated by the New York City Taxi & Limousine Commission (TLC).4 The ongoing legal battle is giving courts their first opportunity to define the scope of EPCA preemption, ordering Galantamine online.
The 2007 Rule: Preemption of State-Mandated Fuel Economy StandardsOn December 11, 2007,5 the TLC approved a rule (the “2007 Rule”) requiring all taxicabs coming into service on or after October, 1, 2008, to have “a minimum city rating of twenty-five (25) miles per gallon.”6 Beginning October 1, 2009, the 2007 Rule would require all taxicabs coming into service to have a minimum rating of thirty (30) miles per gallon.7 In contrast, most of the current taxicabs in the City achieve only 12–14 miles per gallon.8
In September 2008, a coalition of affected parties filed a complaint in the United States District Court for the Southern District of New York, asserting that the EPCA preempted the 2007 Rule.9 The plaintiffs included the Metropolitan Taxicab Board of Trade (MTBOT), a trade association made up of taxicab fleets in the City.10 The court granted the plaintiffs’ motion for a preliminary injunction, finding that the plaintiffs had “demonstrated a likelihood of success on the issue of preemption.”11 In the court’s view, “Congress’s undoubted intent was to make the setting of fuel economy standards exclusively a federal concern.”12 Thus, the 2007 Rule fell squarely within the “ordinary meaning” of the EPCA’s preemption clause.13 The court rejected the City’s argument that the preemption clause only applies to fuel economy standards as they relate to manufacturers or sellers (as opposed to consumers, such as taxi owners).14
The 2008 Rule: Preemption of Voluntary Fuel Economy Incentives?Following the district court decision, New York City Mayor Michael Bloomberg announced that the City would replace the enjoined 2007 Rule with “a series of initiatives to increase the use of fuel efficient and environmentally friendly taxicabs, through new financial incentives.”15 The incentives proposed by the Mayor (the “2008 Rule”) involve the City’s taxicab “lease cap” system, order Galantamine online no prescription. Under the “lease cap” system, Buy generic Galantamine, a taxicab owner leasing his or her licensed taxicab to a driver may not charge a lease rate greater than the Standard Lease Cap.16 The Standard Lease Cap currently ranges from $105 to $129 per shift, depending on the time of the shift.17 Under the proposed 2008 Rule, fleet owners leasing fuel efficient vehicles will be allowed to charge drivers an additional $3 per shift, real brand Galantamine online, while the lease cap applicable to owners of non-fuel efficient vehicles will decrease by $12.18 These incentives are intended to compensate for the higher cost of purchasing fuel efficient vehicles.19
The precise contours of the 2008 Rule will not be clear until the TLC completes a formal rulemaking process.20 However, Rx free Galantamine, the president of the MTBOT has already voiced his intention to challenge the Rule.21 This legal challenge will tee up a novel question regarding the scope of EPCA preemption: May a State or political subdivision adopt voluntary incentive programs to encourage the purchase of fuel efficient vehicles where it could not have mandated the purchase of such vehicles?22
To resolve this question, the court will need to determine whether the 2008 Rule is “related to fuel economy standards” within the meaning of the EPCA’s preemption clause. In general, Galantamine from canadian pharmacy, where a federal statute contains an express preemption clause, Purchase Galantamine, the preemption determination rests on the “plain wording” of the clause.23 In this case, however, the preemption clause’s use of “related to” language renders a simple “plain wording” analysis problematic.24 The Supreme Court has pointed out that “[i]f ‘relate to’ were taken to extend to the furthest stretch of its indeterminacy, buy Galantamine from mexico, then for all practical purposes preemption would never run its course, Purchase Galantamine online, [and the effect would be] to read the presumption against preemption out of the law.”25 Rather, the court must “go beyond the unhelpful text and the frustrating difficulty of defining [‘related to’] and look instead to the objectives of the [EPCA] as a guide to the scope of the state law that Congress understood would survive.”26
In light of this guidance, the court must answer the following question to determine whether the EPCA preempts the 2008 Rule: In enacting the EPCA, buy no prescription Galantamine online, did Congress intend to withdraw from the States the authority to provide economic incentives influencing consumer choices with respect to vehicle fuel economy. Buying Galantamine online over the counter, If the answer is yes, then the 2008 Rule “relates to” fuel economy standards, and the EPCA preempts the Rule, order Galantamine online overnight delivery no prescription. If the answer is no, Galantamine for sale, then the 2008 Rule does not “relate to” fuel economy standards and survives EPCA preemption.27 This case will present a matter of first impression for the court. Order Galantamine online no prescription, Furthermore, the Committee reports accompanying the bill that became the EPCA did not discuss the intended scope of the statute’s preemption clause.28 Thus, it is difficult to predict how the court will rule. Stay tuned.
1 The EPCA directs the United States Secretary of Transportation to prescribe the CAFE standards, Galantamine trusted pharmacy reviews. 49 U.S.C. Buy Galantamine online no prescription, § 32902(a) (2006). The Secretary has delegated this authority to the NHTSA. 49 C.F.R, order Galantamine online no prescription. § 1.50(f) (2006).
2 49 U.S.C, where to buy Galantamine. § 32901(a)(6). Order Galantamine from mexican pharmacy, 3 49 U.S.C. § 32919(a) Order Galantamine online no prescription, (“When an average fuel economy standard prescribed under [the EPCA] is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under [the EPCA].”)
4 Metro. Taxicab Board of Trade v. City of New York, where can i order Galantamine without prescription, No. Fast shipping Galantamine, 08 Civ. 7837 (PAC), 2008 WL 4866021 (S.D.N.Y, buy Galantamine without a prescription. Oct, order Galantamine online no prescription. 31, Buy Galantamine online cod, 2008).
5 Press Release, New York City Taxi & Limo, online buying Galantamine hcl. Comm’n, Order Galantamine online overnight delivery no prescription, TLC Unanimously Approves Regulations Leading to a Cleaner, Greener NY Taxi Fleet (Dec. 11, order Galantamine online c.o.d. Order Galantamine online no prescription, 2007).
6 New York, Australia, uk, us, usa, N.Y., TLC Rule § 3-03(c)(10) (2008).
7 TLC Rule § 3-03(c)(11), Galantamine price, coupon.
8 William Neuman, Buy cheap Galantamine no rx, As First Plan Stalls, Mayor Tries New Push for Green Taxis, N.Y, purchase Galantamine. Times, Buy no prescription Galantamine online, Nov. 14, 2008, order Galantamine online no prescription.
9 Metro. Taxicab, ordering Galantamine online, 2008 WL 4866021, Buy Galantamine from canada, at *1.
12 Id. at *8 (quoting Green Mountain, 508 F, buy Galantamine without prescription. Supp. Order Galantamine online no prescription, 2d at 307). Galantamine for sale, 13 Id. at *9.
14 Id. (citing Engine Mfrs. Ass’n v, where can i order Galantamine without prescription. South Coast Air Quality Mgmt. Dist., 541 U.S, order Galantamine online no prescription. Where to buy Galantamine, 246 (2004), (holding that a state law that restricted emissions in new vehicles was preempted by the Clean Air Act regardless of whether it targeted purchasers or manufacturers.))
15 Press Release, Office of the Mayor, where can i find Galantamine online, New York City, Buying Galantamine online over the counter, Mayor Bloomberg Announces New Incentive/Disincentive Program to Reach Goal of Green Taxi Fleet (Nov. 14, 2008), Galantamine samples.
16 New York, Purchase Galantamine online no prescription, N.Y., TLC Rule § 1-78(a) (2008).
17 TLC Rule § 1-78(a)(1), Galantamine over the counter.
18 Order Galantamine online no prescription, Press release, Office of the Mayor, New York City, supra note 15.
21 Neuman, Order Galantamine from mexican pharmacy, supra note 8.
22 Cf. Engine Mfrs. Ass’n v. South Coast Air Quality Mgmt. Dist., 541 U.S, order Galantamine online no prescription. 246, 255 (2004), (declining to resolve the application of Clean Air Act preemption to voluntary incentive programs).
23 Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, 508 F. Supp. Order Galantamine online no prescription, 2d 295, 351 (D. Vt. 2007).
24 See Id. at 353.
25 See New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins, order Galantamine online no prescription. Co., 514 U.S. 645, 656 (1995) (cited in Green Mountain, 508 F. Supp. 2d at 353).
26 See Green Mountain Order Galantamine online no prescription, , 508 F. Supp. 2d at 353 (quoting Travelers 514 U.S. at 656).
27 In context of the federal ERISA statute, whose express preemption clause also includes broad “relate to” language, the Supreme Court has found that a state program did not “relate to” the federal requirements where the state program “merely provide[d] some measure of economic incentive to comport with the State’s requirements.” Cal. Div, order Galantamine online no prescription. of Labor Standards Enforcement v. Dillingham Constr., N.A., Inc., 519 U.S. 316, 332 (1997).
28 Green Mountain, 508 F. Supp. 2d at 354.
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by Melanie Persinger Order Colon Clean Supreme online no prescription, , MTTLR Associate Editor
As new technologies become part of our lives, teenagers figure out a way to use these technologies to do what it is they do best: get themselves into trouble, purchase Colon Clean Supreme online. Order Colon Clean Supreme no prescription, Cell phones and picture messaging are no exception. This fall, buy Colon Clean Supreme online no prescription, Buy generic Colon Clean Supreme, a fifteen-year-old girl in Ohio was arrested for taking nude photographs of herself and sending them to other minors. The teenager was charged with illegal use of a minor in nudity oriented materials and possession of criminal tools under Ohio law 2907.323(A)(3), buy Colon Clean Supreme without a prescription. The charges could also qualify the girl to be classified as a sex offender, requiring her to register annually, order Colon Clean Supreme online no prescription. Online buy Colon Clean Supreme without a prescription, An Ohio prosecutor, Ken Oswalt, kjøpe Colon Clean Supreme på nett, köpa Colon Clean Supreme online, Comprar en línea Colon Clean Supreme, comprar Colon Clean Supreme baratos, said that the other minors who received the photographs might also be charged for possession of child pornography.
The Ohio case was recently settled out of court, where can i buy cheapest Colon Clean Supreme online, Rx free Colon Clean Supreme, and the young woman in that case will not have to register as a sex offender. But the law at issue was Ohio’s version of Megan’s law, fast shipping Colon Clean Supreme, Buy cheap Colon Clean Supreme, which has been enacted, with slight variations, Colon Clean Supreme gel, ointment, cream, pill, spray, continuous-release, extended-release, Canada, mexico, india, in all fifty states and the District of Columbia. This means that a similar case could potentially come up anywhere in the United States, buy Colon Clean Supreme no prescription. Order Colon Clean Supreme online no prescription, In fact, the case in Ohio is by no means the first instance of a minor being faced with criminal charges for taking and sending, or posting online, nude photographs of themselves. Colon Clean Supreme trusted pharmacy reviews, According to Fox News, Colon Clean Supreme from canadian pharmacy, Japan, craiglist, ebay, overseas, paypal, “Similar cases have been reported in New Jersey, New York, real brand Colon Clean Supreme online, Where to buy Colon Clean Supreme, Alabama, Utah, buy Colon Clean Supreme without prescription, Colon Clean Supreme trusted pharmacy reviews, Pennsylvania, Texas and Connecticut.” Michigan and Florida have also seen similar cases, order Colon Clean Supreme online c.o.d. Buy Colon Clean Supreme from canada, Because this is a growing trend, it is important to ask ourselves if criminal charges are the appropriate way to deal with these teenagers’ misconduct, order Colon Clean Supreme from mexican pharmacy. Order Colon Clean Supreme online overnight delivery no prescription, The aim of laws of this type (preventing sexual offenses against minors) is to prevent harm to the child. Proponents of the law in issue argue that this means protecting children from harm they could cause to themselves in addition to protecting them against harm caused by others, purchase Colon Clean Supreme. While the current law does this to a certain extent, it is also overly broad in that it imposes a different, and arguably worse, harm on the minor, order Colon Clean Supreme online no prescription. Japan, craiglist, ebay, overseas, paypal, It is true that once the photographs become public, they will likely haunt the teenager forever or could possibly end up in the hands of adults who are looking for child pornography, Colon Clean Supreme for sale, Colon Clean Supreme samples, both of which are harms that we should be concerned about. However, buy generic Colon Clean Supreme, Where can i order Colon Clean Supreme without prescription, imposing criminal charges will not undo the fact that the photograph(s) are now out in public. Additionally, where to buy Colon Clean Supreme, Colon Clean Supreme from canadian pharmacy, imposing criminal charges, especially requiring the minor to register as a sex offender, where can i buy cheapest Colon Clean Supreme online, Where can i buy Colon Clean Supreme online, is also likely to haunt them forever. It is hard to see how preventing harm to minors justifies imposing other harms on them: the stigma of a criminal record and being labeled as a sex offender, Colon Clean Supreme gel, ointment, cream, pill, spray, continuous-release, extended-release. Online buy Colon Clean Supreme without a prescription. Buy cheap Colon Clean Supreme. Fast shipping Colon Clean Supreme. Rx free Colon Clean Supreme. Order Colon Clean Supreme from United States pharmacy.
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by: Wayland Radin Order Thorazine online no prescription, , MTTLR Associate Editor
As the ubiquity of Apple’s iPhone constantly reminds us, cellular phone technology has progressed to the point that its hard to find a phone that doesn’t have a camera. Order Thorazine from mexican pharmacy, While remarkable footage has infrequently reached the public eye in the past, the omnipresence, where can i order Thorazine without prescription, Where can i buy Thorazine online, simplicity, and unobtrusive nature of these cameras, purchase Thorazine online no prescription, Buy Thorazine no prescription, coupled with the means to make their recordings immediately and publicly available (e.g. YouTube, Thorazine price, coupon, Buy cheap Thorazine, Flickr) has led to a new method of citizen oversight of public servants.
The vast majority of the recordings made publicly available in this way chronicle what the owner of the camera phone believes to be suspect actions of law enforcement officers, buying Thorazine online over the counter. Japan, craiglist, ebay, overseas, paypal, For instance, the now infamous tasering of University of Florida student at a political forum has been viewed well over 3 million times, buy Thorazine without a prescription.
A similar incident in which a UCLA student was tazed for apparently failing to exit a University library quickly enough has been viewed upwards of 2 million times (in various YouTube iterations.)
(See the Daily Bruin article detailing the event.)
Though the potential effects of this mode of citizen oversight are far-reaching, they are felt most directly by the owner of the camera and the subject of the recording, order Thorazine online no prescription. Purchase Thorazine online no prescription, In Oregon, several citizens have been ticketed or arrested for recording the activities of on-duty police officers, buy Thorazine from mexico, Buy Thorazine online cod, under a state law allowing audio recording only if at least one party is aware of the recording. The man who was ticketed (and who filmed the video below) is now challenging the actions of the police department in a lawsuit.
And in New York, Thorazine gel, ointment, cream, pill, spray, continuous-release, extended-release, Thorazine trusted pharmacy reviews, a police officer was stripped of his badge and remains under investigation for actions recorded in this video.
While it may seem obvious that one should have the right to record what one would otherwise see and hear in public, the law is far from settled on the matter, where to buy Thorazine. Order Thorazine from United States pharmacy, It is unclear what expectation of privacy on-duty police offers might have, if any, purchase Thorazine, Canada, mexico, india, given that they are performing a civic service in public. Police officers, online buying Thorazine hcl, Comprar en línea Thorazine, comprar Thorazine baratos, however, clearly have an interest in their safety and so have argued that recording of police activity poses a threat to the officers themselves.
Because the current laws are unclear and inconsistent, Thorazine from canadian pharmacy, Thorazine for sale, as is their enforcement, I think more comprehensive regulation is likely, online buy Thorazine without a prescription. Kjøpe Thorazine på nett, köpa Thorazine online, I would hope that this future regulation will explicitly allow citizens to record public servants performing their duties. There will, order Thorazine from mexican pharmacy, Buy generic Thorazine, of course, be some caveats to protect the privacy of off-duty officers and the safety of all those involved, buy no prescription Thorazine online, Where can i buy Thorazine online, but on the whole I think we will (and should) see more instead of less citizen oversight enhanced by technology.
ETA:For further information on citizen media activism, visit the Citizen Media Law Project
ETA2:YouTube and PBS Vote 2008 have partnered to create the Video Your Vote initiative, rx free Thorazine. Australia, uk, us, usa, They encourage voters to take and share video of their voting experiences, another opportunity for tech-assisted citizen oversight of government activities, order Thorazine online overnight delivery no prescription. Ordering Thorazine online, Here's an overview:
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by Nancy Sims Order Acomplia online no prescription, , MTTLR Blog editor
In early June, news site the Drudge Retort received DMCA takedown notices from the Associated Press, for several pieces containing 39- to 79-word quotations from AP articles . Although the AP quickly backed off on their DMCA threat, buy cheap Acomplia, Order Acomplia from United States pharmacy, they had previously published a pricing structure (screenshot from June 19, above) for blog quotations of their articles, buy Acomplia online no prescription, Rx free Acomplia, with costs of $12.50 for as little as 5 words. Bloggers are crying "foul", where to buy Acomplia, Where can i buy Acomplia online, claiming fair use and "hot news" privileges.
- Drudge Retort blogger Rogers Cadenhead on:
- Wired's Threat Level blog reports on the takedown notice, and AP's change of stance.
- The Media Blogger's Association adds background details (June 18)
- New York Times article (June 16) on the AP's licensing structure - an "effort to impose some guidelines on the free-wheeling blogosphere"
- The AP announces (June 17) that it is meeting with the Media Blogger's Association to develop guidelines for blog quotation of its content.
- Los Angeles Times editorial characterizes the AP as "pulling a Metallica" (June 19)
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Articles on “telecom immunity” have peppered newspapers and magazines for some time now. Proposed legislation, Hoodia Patch from canadian pharmacy, Buy Hoodia Patch from mexico, supported by the President, would shield telecom companies from any legal liability arising from aid they provided to the government in monitoring the information that passes through the telecom companies’ routers, where to buy Hoodia Patch, Ordering Hoodia Patch online, hubs, and switches, order Hoodia Patch from mexican pharmacy. Buy Hoodia Patch from canada, This Blog, back in November, buy Hoodia Patch online cod, Hoodia Patch samples, covered the ins and outs of why the telecom companies are liable and ended with the possibility that legislation might include an immunity provision for telecom companies. 1 Since then, where can i buy Hoodia Patch online, Australia, uk, us, usa, things have managed to both change and stay the same – the Senate passed a surveillance bill that included a telecom immunity provision while the House recently passed a bill barring immunity. 2 This post examines the ongoing legislative debate, the ideas motivating the various sides, and whether the gridlock will end in the foreseeable future, order Hoodia Patch online no prescription.
The Case For Telecom Immunity
Telecom companies cooperated with the government’s request to monitor information flowing through the companies’ networks under the impression that the government’s surveillance program was legal, buy Hoodia Patch no prescription. Hoodia Patch price, coupon, To punish these companies now for doing something they thought to be legal would be unfair. 3 And denying immunity and subjecting telecom companies to lawsuits would discourage them from cooperating with the government’s requests for surveillance in the future, kjøpe Hoodia Patch på nett, köpa Hoodia Patch online, Purchase Hoodia Patch online no prescription, despite the possibility of an urgent need to do so. 4
Subjecting telecom companies to trial would also expose “state secrets” – the telecom companies would want to point to the documents they received
from the government arguing for the legality of the surveillance programs in order to escape liability, fast shipping Hoodia Patch. 5 Order Hoodia Patch online no prescription, However, these documents contain sensitive information gathered by the nation’s intelligence agencies, and the government would seek to prevent them from being made public in the course of a trial,
hampering the telecom companies from defending themselves. Order Hoodia Patch from United States pharmacy, Granting retroactive immunity would keep these classified documents out of the public eye while also keeping the telecom companies out of court.
The Case Against Telecom Immunity
The big concern with granting retroactive immunity to telecom companies is not that the telecom companies will get off the hook, order Hoodia Patch online overnight delivery no prescription, Where can i order Hoodia Patch without prescription, but that the government will. If immunity is granted, where can i find Hoodia Patch online, Hoodia Patch for sale, the telecom companies will never have to show the documents they relied on to allow the government to monitor communications. 6 If these documents are never seen, Hoodia Patch trusted pharmacy reviews, Order Hoodia Patch online c.o.d, the nature and extent of the warrantless wiretaps will never be known. 7As a result, it would be impossible to fully analyze the legality of the surveillance programs and hold anyone legally responsible for potentially breaking the law.
The Real Debate?
Looking at both sides of the debate, it becomes apparent that bubbling under the surface of the telecom immunity debate is bickering over accountability for the warrantless surveillance conducted by the government after 9/11, order Hoodia Patch online no prescription. Support for telecom immunity implies protecting the Executive Branch from scrutiny regarding its efforts to protect the country while opposition implies a desire to further examine the actions of the President and, order Hoodia Patch no prescription, Online buy Hoodia Patch without a prescription, if need be, hold people accountable for their actions, comprar en línea Hoodia Patch, comprar Hoodia Patch baratos. Buy Hoodia Patch without prescription, 8 This perspective informs the activity (and inactivity) in the legislative arena so far.
Some Progress on the Legislative Front, purchase Hoodia Patch, Where to buy Hoodia Patch, But Perhaps Not Much
At the outset of the debate, the President said he would veto any surveillance bill that did not grant immunity to telecom companies.9 After some debate, japan, craiglist, ebay, overseas, paypal, Hoodia Patch over the counter, the Senate passed a bill with a telecom immunity provision last month.10 The House has had a more difficult time reaching an agreement on a bill acceptable to all. After much debate, buy Hoodia Patch online no prescription, Buy cheap Hoodia Patch, the House went into an unprecedented secret session – the first since 1983 and only this fifth in Congressional history – and came out of it with a bill that does not contain a telecom immunity provision but does attempt to find a middle ground between the two sides of the debate.11 Since proponents want a telecom immunity provision to prevent classified information from being introduced in court, the House bill allows the judge to review the classified information in secret to determine if the telecom company in the suit is liable.12 The next step is for the House and Senate to iron out their differences and, buy Hoodia Patch without a prescription, Canada, mexico, india, though the House attempted to find a middle ground between simply a yes or no on telecom immunity, there is still much distance to cover between House and Senate versions of the bill, buying Hoodia Patch online over the counter. Order Hoodia Patch online no prescription, Given the volatility of the debate so far, it is likely to continue for some time.
1 Joseph Eros, An Overview of Telecommunications’ Companies Involvement in Domestic Espionage: Part II, The MTTLR Blog, Nov. Online buying Hoodia Patch hcl, 13, 2007, buy no prescription Hoodia Patch online. Where can i buy cheapest Hoodia Patch online,
2 Editorial, Wiretap Showdown , real brand Hoodia Patch online, Buy cheap Hoodia Patch no rx, Wall St. J., buy generic Hoodia Patch, Purchase Hoodia Patch online no prescription, Feb. 12, Hoodia Patch samples, Buy Hoodia Patch without a prescription, 2008.
3 NYT (Rhetoric) Eric Lichtblau, Rhetoric: High; Anxiety: Low, N.Y. Times, Mar, order Hoodia Patch online no prescription. 1, 2008.
6 Glenn Greenwald, Signs of Life from House Democratic Leaders, Salon.com, Mar. 12, 2008.
9 Pamela Hess, House Democrats Reject Telecom Immunity, The Associated Press, Mar. 11, 2008.
10 Siobahn Gorman, House Democrats Defy White House on Spy Program, Wash. Post., Mar. 11, 2008.
11 Hess, supra note 9.
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One example of this uncertainty is the current split between the Seventh and Eighth Circuits on the proper application of the Americans with Disabilities Act’s (ADA) prohibition of pre-offer medical examinations5 in the context of personality and psychological testing, particularly tests based on the Minnesota Multiphasic Personality Inventory (MMPI). This post focuses on the limitations that the ADA imposes on such testing, and concludes that the Seventh Circuit’s approach to the issue in Karraker v. Kjøpe Mestinon på nett, köpa Mestinon online, Rent-a-Center (holding that the MMPI and tests based on questions from the MMPI are medical examinations prohibited in the pre-offer stage of the hiring process) is the correct application of the statute.
The ADA’s Prohibition of Pre-Offer Medical Examinations
The principal purpose of the ADA is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and to “provide clear, strong, consistent, enforceable standards” addressing such discrimination.6 The ADA defines individuals with disabilities as persons who 1) have a “physical or mental impairment that substantially limits one or more” major life activities; 2) “have a record of such impairment”; or 3) are “regarded as having such impairment.”7 Title I of the ADA covers employment discrimination, Mestinon trusted pharmacy reviews, and one protection that Congress has created for individuals with disabilities is the right to be free from pre-offer medical examinations in the hiring process.8
Specifically, the Act provides that “a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.”9 However, Where to buy Mestinon, an employer may “make preemployment inquiries into the ability of an applicant to perform job related functions”10 and may also “require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination”11 so long as: 1) “all entering employees are subjected to such an examination regardless of disability”,12; 2) the “information obtained regarding the medical condition or history of the applicant”13 is kept confidential; and 3) the “examination or inquiry is shown to be job-related and consistent with business necessity.”14
In short, the rule is that while an employer may ask an applicant certain basic questions to find out how the applicant will be able to perform job related functions, buy Mestinon from canada, an employer may not subject job applicants to pre-offer medical testing. They may, Mestinon gel, ointment, cream, pill, spray, continuous-release, extended-release, however, condition the job offer upon satisfactory results from a post-offer examination so long as certain conditions of fairness and confidentiality are met. Although this rule seems straightforward enough, there is disagreement over the meaning of the term “medical examination.”15
The Eighth Circuit Approach
In 1990, Mestinon from canadian pharmacy, Robin Miller, who had been a police officer for 10 years in Texas, Mestinon for sale, applied for a position as a police officer with the city of Springfield, Missouri.16 The city required all police recruits to pass two tests before extending an offer of employment – an agility test and the MMPI-2.17 Between 1990 and 1993, Miller applied for a job with the police department three times but was rejected on the first two occasions for failing the agility test.18 Miller successfully completed the agility test in her third application but ran into trouble with the MMPI-2.19 Miller’s test results indicated “above-normal depression” and Springfield declined to extend an offer as a result.20
Miller responded by suing the city for violating the ADA by subjecting her to the MMPI-2 in the application process.21 In a very brief decision, the Eighth Circuit severely limited the effect of the ADA’s ban on pre-offer medical examinations, purchase Mestinon online. The court cited EEOC guidelines interpreting the ADA’s rule for post-offer medical examinations, specifically the provision that “if certain criteria are used to screen-out an employee or employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related and consistent with business necessity….”22 Relying on this guideline, the court wrote “we easily conclude that appropriate psychological screening is job-related and consistent with business necessity where the selection of individuals to train for the position of police officer is concerned.”23 Furthermore, the court held that regardless of whether Miller was actually screened out by a test issued in violation of the ADA, she was not in fact disabled, and therefore had no standing to challenge the pre-employment screening under the ADA.24
There is no question that the ADA allows employers to “require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination.”25 However, it also clearly bans such screening before an offer is made.26 The Miller decision passes over the ADA’s ban on pre-offer medical examinations and, at least in the context of police hiring, treats a pre-offer examination as if it were a post-offer test.
One explanation for the Eighth Circuit’s holding is that the court simply saw no practical reason for the distinction between pre-offer and post-offer testing under the ADA since unsatisfactory results in either case will result in a rejection of employment, order Mestinon online no prescription. Indeed, the fact that the court applied only two sentences of analysis to Miller’s claim that use of the MMPI in her application violated the ADA suggests that it was basing its decision more on the obvious conclusion that cities need to screen out mentally unstable police recruits than on the actual timeline and procedure for such screening mandated by the ADA. Order Mestinon online c.o.d, While from a practical standpoint this may be true, it is not the law passed by Congress. In another case concerning police officer application procedures, the Federal District Court for the Southern District of Florida held that pre-offer examinations were barred by the ADA even in the law enforcement sector.27 Acknowledging the need to have mentally stable law enforcement officials, buy Mestinon online cod, the court held that “on this issue, however, Where can i find Mestinon online, the statute is clear… the ADA prohibits pre-offer ‘medical examinations.’”28 The court refuted the type of line-blurring between pre-offer and post-offer regulations found in Miller, noting that:
While the pre/post employment medical examination distinction may seem pointless, it actually serves several important functions. First, order Mestinon online overnight delivery no prescription, it allows an applicant to demonstrate that he has the necessary job qualifications without regard to any disability; second, by permitting the examination to take place only after an offer of employment is made, Canada, mexico, india, it forces employers to demonstrate that their reason for not hiring an applicant is job related, or a business necessity; third, this scheme requires an employer to make an effort to reasonably accommodate an applicant’s disability.29
This explanation of the reasons for the pre-offer ban illustrate why the court’s approach in Miller is inconsistent with the rules Congress intended to enact in the ADA. Order Mestinon online no prescription, Congress did not create separate rules for pre-offer and post-offer screening for no reason or unknowingly, and the pre-offer rules should be enforced.
The Seventh Circuit Approach
Christopher, Steven and Michael Karraker were brothers working for Rent-A-Center (RAC), a chain of stores offering rent-to-own deals on furniture and household appliances.30 Each of the brothers wanted to move up the chain-of-command at the store,31 and progress from their positions as floor salesmen to middle management.32 In order to do so, however, they had to take RAC’s “APT Management Trainee-Executive Profile,” an assessment comprised of nine tests covering math, language, interests, and personality.33 The APT Test also included 502 questions from the MMPI, and the brothers were asked to respond true or false to such prompts as “I see things or animals or people around me that others do not see”; “I commonly hear voices without knowing where they are coming from”; “At times I have fits of laughing and crying that I cannot control”; “My soul sometimes leaves my body”; “At one or more times in my life I felt that someone was making me do things by hypnotizing me”; and “I have a habit of counting things that are not important such as bulbs on electric signs, and so forth.”34 After all three brothers failed to score satisfactorily on the APT Test, they filed a class action lawsuit against RAC on behalf of other employees at 106 RAC stores, claiming that the store’s APT Test constituted a violation of the ADA’s prohibition of pre-offer medical examinations.35
The Seventh Circuit began its analysis by noting that Congress has explicitly limited “the ability of employers to use ‘medical examinations and inquiries’” in three provisions, namely “a prohibition against using pre-employment medical tests; a prohibition against the use of medical tests that lack job-relatedness and business necessity; and a prohibition against the use of tests which screen out (or tend to screen out) people with disabilities.”36 The court then looked to seven EEOC guidelines37 on what counts as a medical examination, holding that whereas the presence of only one of those factors may be enough to make a test prohibited under the ADA,38 the absence of one or more factors will not determinatively demonstrate that the test is not a medical examination.39 Instead, the key inquiry is whether the test in question is “designed to reveal a mental impairment.”40
Applying the new test to the facts in Karraker, the court held that regardless of whether RAC actually used the test to weed out individuals with certain disorders, the “use of the MMPI likely had the effect of excluding employees with disorders from promotions.”41 Since the APT Test incorporated many questions from the MMPI, and the MMPI was designed to reveal mental illness, the APT Test had the effect of hurting the employment prospects individuals with a mental disability.42 In other words, the MMPI and other tests that are based on the MMPI are properly considered a medical examination under the ADA, and employers may not use them in the pre-offer stage of the hiring process.43
With a mobile workforce and increasing reliance on online application processes, modern employers are often faced with the prospect of hiring applicants about whom they know very little. The applicant’s previous employers are increasingly unlikely to provide references of any real use, where can i order Mestinon without prescription, and in fact are likely to produce no reference at all.44 In light of this trend it is easy to see why employers are attracted to the prospect of personality testing. Particularly in an increasingly service sector-based economy, Buying Mestinon online over the counter, employers are loathe to present the public with sales staff who have some traits or conditions incompatible with good customer service.
Fortunately for employers, the ADA’s prohibition of pre-offer medical examinations does not take personality and psychological screening completely off the table. It merely requires that, in addition to some showing of job relatedness and business necessity, comprar en línea Mestinon, comprar Mestinon baratos, such screening come after a job offer is made. The ADA even allows the employer to condition the job offer upon successful completion of the examination. In short, the regulations allow for an appropriate balance of the ADA’s goal of preventing applicants from being screened out from the start based on a medical examination that exposes the applicant’s disability and the employer’s need to hire a suitable workforce.
Decisions like Miller distort this balance by blurring the boundaries of the ADA’s pre-offer and post-offer examination regulations, order Mestinon online no prescription. Real brand Mestinon online, In holding the MMPI a prohibited pre-offer medical examination under the ADA, the Seventh Circuit approach in Karraker recognizes the proper distinction between pre-offer and post-offer testing. The Karraker test offers a practical method for determining whether a test violates the ADA by focusing on whether the test was designed to reveal mental impairments or whether it has the effect of excluding applicants from hire or promotion based on mental disorders. To avoid potential liability for violating the ADA, fast shipping Mestinon, employers should keep the Karraker test in mind when choosing pre-offer personality screens and, at a minimum, Japan, craiglist, ebay, overseas, paypal, avoid tests that incorporate sections of the MMPI and other examinations designed to detect mental disorders. Given the uncertainty as to whether other circuits will adopt the broad standing requirements and medical examination test announced in Karraker or follow the rigid standing guidelines and substitution of post-offer rules for pre-offer tests found in Miller, employers hiring in multiple jurisdictions or that feature the personality screen as part of an online application should be particularly careful in choosing which tests to use.
1 Jennifer Gonzales-Frisbie, Comment, purchase Mestinon, Personality Tests in Jeopardy: An Evaluation of the Seventh Circuit’s Decision in Karraker v. Rent-A-Center and its Impact on the Future Use of Personality Tests in Pre-Employment Screening Order Mestinon online no prescription, , 9 U. Pa. Rx free Mestinon, J. Lab. & Emp. L. 185, 190 (Fall 2006), order Mestinon online no prescription.
2 Larry R, order Mestinon from United States pharmacy. Seegull and Emily J. Caputo, Buy Mestinon from mexico, When a Test Turns into a Trial: Things to Keep in Mind about Psychological Testing, 15 Bus. L. Today 13 (January/February 2006).
3 Order Mestinon online no prescription, See, e.g., eTest.net, FAQs (last visited Mar. 18, where can i buy Mestinon online, 2008)(explaining that “[testing remote applicants is] the beauty of online testing. You can have a candidate located anywhere in the world with Internet access take the test and the results will come directly to you.”)
4 See, Mestinon price, coupon, e.g., L. Camille Hebert, American with Disabilities Act of 1990, buy Mestinon without prescription, 1 Empl. Privacy Law § 7:16 (2007) (noting the split among circuits as to whether a person must be an individual with a qualifying disability to challenge pre-offer employment screening through medical examinations, Buy no prescription Mestinon online, and finding that whereas the 6th Circuit in Bone v. Louisville, 215 F.3d 1325 (2000) held that an individual must be disabled under the ADA to bring a claim against employer testing under 42 U.S.C.A, order Mestinon online no prescription. § 12112(d)(2), the 8th, 9th, online buying Mestinon hcl, and 10th Circuits have rejected this conclusion, and would allow an individual to challenge a pre-offer medical examination under the statute regardless of whether such individual had a qualifying disability).
5 42 U.S.C. Order Mestinon no prescription, § 12112(d).
6 42 U.S.C. § 12101(b).
7 42 U.S.C. § 12102(d)(2).
8 42 U.S.C. § 12112(d).
9 Order Mestinon online no prescription, 42 U.S.C. § 12112(d)(2)(A).
10 42 U.S.C, buy Mestinon no prescription. § 12112(d)(2)(B).
11 42 U.S.C. § 12112(d)(3). Emphasis not in original.
12 42 U.S.C. Buy cheap Mestinon, § 12112(d)(3)(A).
13 42 U.S.C. § 12112(d)(3)(B).
14 42 U.S.C, order Mestinon online no prescription. § 12112(d)(3)(C)-(4)(A).
15 42 U.S.C. § 12112(d).
16 Miller v. City of Springfield, where to buy Mestinon, 146 F.3d 612 (8th Cir. 1998). Available publicly at http://cases.justia.com/us-court-of-appeals/F3/146/612/.
22 Id. Order Mestinon online no prescription, at 615 (citing 29 C.F.R. Mestinon over the counter, § 1630.14(b)(3) available publicly at http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=1630&SECTION=14&YEAR=2000&TYPE=TEXT.
23 Miller, at 615.
25 42 U.S.C, buy Mestinon online no prescription. § 12112(d)(3). Emphasis not in the original.
26 42 U.S.C. § 12112(d)(2)(A).
27 Barnes v, order Mestinon online no prescription. Cochran, Ordering Mestinon online, 944 F. Supp 897 (S.D. Fla. 1996).
29 Id., order Mestinon from mexican pharmacy, at FN 3, (citing Stacy J. Order Mestinon online no prescription, Bagley, Enough is Enough. Online buy Mestinon without a prescription, Congress and the Courts React to Employers' Medical Screening and Surveillance Procedures, 99 Dick. L. Rev. 723, where can i buy cheapest Mestinon online, 730-31 (1995)).
30 Karraker v. Rent-A-Center, 411 F.3d 831 (7th Cir, order Mestinon online no prescription. Australia, uk, us, usa, 2005). Available publicly at http://cases.justia.com/us-court-of-appeals/F3/411/831/
31 Even though this case concerned promotion, rather than an initial hiring decision, the court analyzed the case under the ADA’s pre-offer regulations because the applicants were seeking new positions within the company, buy cheap Mestinon no rx. Both parties agreed to this framework. Karraker, at 835.
32 Karraker, Comprar en línea Mestinon, comprar Mestinon baratos, at 833.
34 Id., at 834.
37 “1) whether the test is administered by a health care professional; 2) whether the test is interpreted by a health care professional; 3) whether the test is designed to reveal an impairment of physical or mental health; 4) whether the test is invasive; 5) whether the test measures an employee’s performance of a task or measures his/her physiological responses to performing the task; 6) whether the test would normally be administered in a medical setting; and 7) whether medical equipment is used.” Id., at 835.
39 Id., where can i find Mestinon online, at 836.
40 Id., at 835.
43 For an article opposing this design and effect test as too broad, Where can i buy cheapest Mestinon online, see Scott Kramer, Why is the Company Asking About my Fear of Spiders. A New Look at Evaluating Whether an Employer-Provided Personality Test Constitutes A Medical Examination Under the ADA Order Mestinon online no prescription, , 2007 U. Ill. L, buy Mestinon online no prescription. Rev. 1279 (2007) available publicly at http://home.law.uiuc.edu/lrev/publications/2000s/2007/2007_4/Kramer.pdf. (arguing that the Karraker test is likely to be too restrictive on employer’s interest in screening out applicants based on tastes, habits and personality and suggesting that the test should be replaced by the author’s Medical Field Test, arguing that only tests used in the medical community are medical examinations under the ADA).
44 Susan J, order Mestinon online no prescription. Order Mestinon online overnight delivery no prescription, Stabile, The Use of Personality Tests as a Hiring Tool: Is the Benefit Worth the Cost?, 4 U. Pa. J. Lab. & Emp. L. 279, 283 (Winter 2002).
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by: Order Detrol online no prescription, Colin J. McIntyre, Associate Editor, MTTLR
In June of 2006, the Big Ten Conference announced its agreement with the Big Ten Network (“BTN”), Buy cheap Detrol no rx, in which the network paid for the rights to air a variety of Big Ten events and made a commitment to promote Big Ten sports of all kinds.1 Since that announcement, Big Ten sports fans have been watching anxiously as BTN has struggled through negotiations for carriage by the largest cable operators - Comcast most specifically. These negotiations will determine whether millions of cable subscribers will be able to watch many Big Ten games and how much they’ll pay. A critical point of contention has been whether the network will be carried as part of the extended basic cable package or whether it will be incorporated into a premium sports tier package.2 Prior to the network’s debut on August 31, 2007, it claimed to have reached agreements with over 75 small cable providers, purchase Detrol, as well as satellite providers DirecTV and AT&T U-verse.3 The number of agreements reached by BTN with cable providers rose to 140 by mid-October, but BTN and Comcast were still unable to reach an agreement.4 The parties appear to have made little headway in subsequent negotiations, although both sides continue to proclaim progress.5 As Big Ten sports fans have grown frustrated at being unable to watch games previously available on their basic extended cable services, the Big Ten Network and Comcast have done their best to address viewers’ concerns – by pointing fingers.6
The core issues have been whether there is enough interest among cable subscribers to justify adding the Big Ten Network to the basic extended package and whether the subscribers would be willing to pay any additional costs. Detrol price, coupon, Comcast has characterized the Big Ten Network’s coverage as the games no other networks wanted – the leftovers.7 BTN counters that although the Big Ten’s agreements do grant first choice of games to ESPN and ABC,8 it is still getting a valuable slice of the pie containing some important games that can hardly be deemed unwanted.9 The parties have presented conflicting claims of BTN popularity and viewership.10
Agreements between program networks and cable operators typically involve a per-subscriber fee paid by the cable operator.11 Comcast claims that the fee proposed by BTN is unreasonably high and would have to be transmitted to the subscriber. This increased cost imposed on subscribers not interested in receiving BTN amounts to a “Big Ten Tax” in the amount of $13.20 annually, according to Comcast.12 In BTN’s corner, commentators fire back that Comcast would not only force subscribers interested in BTN to pay for digital cable, but also to pay more than $70 annually for the premium sports package.13 While some might consider the $13 “Big Ten Tax” less-than-Comcastic, others would consider this $70 “Premium Sports Package Tax” to be downright Comrageous, order Detrol online no prescription.
Comcast has done well to present itself as a sensitive protector of downtrodden consumers, upholding fairness by refusing to force subscribers to pay for the allegedly unwanted BTN. However, Comcast appears to contend that placing BTN in the Sports Entertainment Packages is the most fair way to make it available, real brand Detrol online, though it would force BTN desirers to pay for five additional, potentially unwanted channels.14 One commenter suggests that Comcast’s current position makes one wonder about its previous opposition to a la carte programming.15 Comcast previously submitted comments to the FCC,16 which generally indicate a basis for opposing a la carte programming requirements similar to that found in the Booz-Alan-Hamilton study.17 However, with the FCC’s 2006 report questioning the validity of the Booz-Alan-Hamilton study and finding a la carte programming to favor consumers, Buy Detrol no prescription, 18 perhaps we will see Comcast revisiting its position as well.
The Actual Reasons
The big question in the standoff between BTN and Comcast is how they can afford not to reach an agreement. BTN has already stated that it was expecting tens of millions of dollars in revenue from broad viewership,19 yet it has already had to bite the bullet for football season and is now well into basketball season. Order Detrol online no prescription, BTN President Mark Silverman claims that BTN cannot survive on a premium sports tier,20 but presumably it is also pretty hard up not being carried by the big cable companies at all. Though accusations of misinformation and mischaracterization have flown back and forth throughout the past several months,21 BTN makes a couple claims that seem convincing, Detrol from canadian pharmacy. First, it claims that it is willing to negotiate and looking to make a deal and cites the numerous agreements it has reached with other providers.22 Comcast, on the other hand, seems to have remained firm in its insistence on placing BTN in the sports tier.23 Silverman then provides reasonable explanation for declining to allow BTN to appear in a sports package. Online buy Detrol without a prescription, So what are the incentives for each party to participate in this stalemate.
According to Silverman, placement on the sports tier would mean dramatically reduced viewership,24 to the tune of 96% less revenue than anticipated.25 Although BTN has indicated a willingness to be flexible based on the volume of business brought in by Comcast,26 96% might be larger than the bulk discount BTN had in mind. BTN has also announced its goal of broad distribution, presumably broader than the 4% of Comcast subscribers who currently receive the sports tier.27 Finally, BTN indicates that all regional sports networks with local appeal similar to BTN are carried on basic extended packages, including the 11 RSNs owned by Comcast.28
Comcast’s incentives for sticking by its guns are interesting, order Detrol online no prescription. Is the six-time runner-up for the title of “Lowest Customer Satisfaction Score” in the cable and satellite industry counting on the goodwill and loyalty of customers to help it weather this storm?29 Or is it true that BTN’s offerings are the day-old casserole of cable programming, buy Detrol from mexico. Is David Cohen’s reasoning correct when he suggests that the BTN campaign is having little impact on Comcast subscription rates because nobody cares about BTN?30 Commenters have suggested in the past that significant barriers exist to switching from cable to satellite television.31 Besides the normal logistical hassle,32 technological limitations may make satellite unavailable, landlord approval of dish installation may be an impediment,33 and the bundled offering of cable television and broadband services may deter would-be satellite subscribers, Buy generic Detrol, 34 especially where equivalent broadband service is unavailable35. Cohen’s suggestion seems conclusory, at best. It seems possible that Comcast hopes to enhance its sports tier to collect the larger subscription fees, confident that it can outwait BTN.36 As concerned voices continue to decry the growth of big cable,37 the BTN-Comcast negotiations may be another indication that Comcast’s power may be a little out of hand.38
While the specific details about negotiations remain unclear, australia, uk, us, usa, a review of the available details allows at least general impressions. Order Detrol online no prescription, As a dedicated Big Ten sports non-fan, I am admittedly not riled that some games are now only available on BTN. However, I find it striking how each side has conducted itself. Comcast’s’ behavior seems equivalent to spreading rumors, Buy cheap Detrol, 39 pouting,40 and taking one’s ball and going home.41 In contrast, the BTN campaign has taken a largely positive or responsive approach.42 On the merits of their positions, each party certainly has a financial interest, and it is difficult to totally resolve the issue without more information about the specific negotiations. BTN has appeared more straight-forward in the statements it has made, Detrol trusted pharmacy reviews, though, while Comcast officials and the anti-BTN campaign have seemed evasive and sneaky.43 The continued stalemate in negotiations and the circumstances surrounding the negotiations suggest that Comcast may be using its market power to act as a bully.
1 See General Releases, BigTen.org, Order Detrol from United States pharmacy, The Big Ten Conference Announces Media Agreements Increasing National Coverage of Big Ten Sports, Jun. 21, 2006, order Detrol online no prescription.
2 See Eric Lacy, Big Ten, cable outlets at impasse, Detroit News, where to buy Detrol, Aug. 24, 2007, at 1D (“What’s not negotiable . Buy Detrol without prescription, . . Order Detrol online no prescription, is the [Big Ten N]etworks stance on having the channel on basic cable.”); Richard Sandomir, Not Everyone Wants Channel That’s All Big Ten, All the Time, N.Y. Times, June 18, 2007, at D5 (“the offer to place the network on the sports tier was not an opening gambit or a negotiating ply.”).
3 BigTenNetwork.com, Detrol samples, Frequently Asked Questions, http://www.bigtennetwork.com/corporate/FAQ.asp (indicating that reaching an agreement with Comcast “in the near future” was unlikely) (last updated Dec. 7, 2007) (last visited February 6, Detrol gel, ointment, cream, pill, spray, continuous-release, extended-release, 2008).
4 Bob Fernandez, Comcast Holds the Line on Big Ten, Phila. Inquirer, Oct, where can i find Detrol online. 10, 2007, at A01, order Detrol online no prescription. See also Ed Sherman, Comcast vs. BTN spins out of control, Chi Trib., Order Detrol online overnight delivery no prescription, October 10, 2007, at C4 (“Silverman said there has been ‘no movement’ in BTN's negotiations with Comcast”); Interview by Sam Webb with Mark Silverman, President, BTN, (Oct, canada, mexico, india. 3, 2007) (“…there is only so much we can do when the other party is not really interested [in negotiating]”).
5 See, e.g., Where can i order Detrol without prescription, Michael Zuidema, Big Ten Network Standoff Drags On, Grand Rapids Press, Feb. Order Detrol online no prescription, 22, 2008; Ed Sherman, Big Ten Network, Comcast Continue Battle, Chicago Tribune, Feb. 8, 2008, Detrol over the counter. See also BigTen Network, Cable Having 'Meaningful Talks, WCCO.com, Feb. Order Detrol no prescription, 26, 2008
6 See, e.g., Myth vs. Fact, BigTenNetwork.com (last visited Feb, buy Detrol without a prescription. 6, 2008); PuttingFansFirst.com, (last visited Feb, order Detrol online no prescription. 6, 2008) (anti-BTN website funded by Comcast, according to Mark Snyder, Good Luck Finding Today’s U-M Game on TV; Fans Are Biggest Victims of BTN-Comcast Feud, Japan, craiglist, ebay, overseas, paypal, Detroit Free Press, Sept. 1, 2007, at Sports page 1). See also Sherman supra note 5.
7 See Fernandez, purchase Detrol online, supra note 4; Sherman supra note 5.
8 BigTen.CSTV.com, Big Ten Network Frequently Asked Questions, (last visited Feb. 6, Online buying Detrol hcl, 2008)
9 See Webb, supra note 5; Myth vs. Order Detrol online no prescription, Fact, supra note 6.
10 See BigTenNetwork.com supra note 6; Interview by Sam Webb with Patrick Paterno, Director of Communications, Comcast Midwest, (Oct. 3, 2007); Chip Scoggins & Judd Zulgad, U Caught up in Comcast-Big Ten Feud, Star Trib., ordering Detrol online, August 28, 2008 at 8C.
11 See Comments of Comcast Corporation, MB Docket No. Buy no prescription Detrol online, 04-207 at 18 (filed July 15, 2004) (“Comcast Comments”).
12 See Teddy Greenstein, Big Ten, Comcast in “Taxing” Fight, Chi Trib., rx free Detrol, June 22, 2007, at C2; Scoggins supra note 10.
13 See Ed Sherman, Comcast Adding Costs, Buy Detrol from canada, Not Choices, Chi Trib., Oct. 31, 2007, at C2 (indicating $5.99 per month fee to digital subscribers for sports tier); Fernandez supra note 4, order Detrol online no prescription. See also BigTenNetworks.com supra note 6 (claiming basic non-digital Comcast subscribers could have to pay up to $280 annually to receive BTN on the sports tier).
14 Comcast.com, Sports Entertainment Package Features, buy Detrol online cod, (last visited Feb 6, 2008) (listing CSTV, Fox Soccer, Fox College, Where can i buy cheapest Detrol online, NBA TV and NFL Network as the channels in the package).
15 Fernandez supra note 4; Webb supra note 10.
16 See Comcast Comments supra note 11.
17 Booz Allen Hamilton, The a la Carte Paradox: Higher Consumer Costs and Reduced Programming Diversity: An Economic Analysis of the Implications of a la Carte Pricing on Cable Customers (July 2004) (“Booz-Allen-Hamilton Study”).
18 Federal Communications Commission, Media Bureau, Further Report On the Packaging and Sale of Video Programming Services To the Public, where can i buy Detrol online, Feb. Order Detrol online no prescription, 9, 2006.
19 Fernandez supra note 4.
21 See, e.g., Detrol for sale, Sherman supra note 5 (Silverman claiming Comcast ad was “mischaracterizing the facts”); Richard Sandomir, Tempers Flare Over Network For Big Ten, N.Y. Times, June 23, 2007, buy Detrol online no prescription, at D5 (referring to a letter from Comcast executive vice president, David Cohen calling statements by Big Ten commissioner, Jim Delany “mischaracterizations and overstatements”); Webb supra note 5 (presenting Silverman questioning Comcast’s decision “go in a full scale advertising attack on the network with lies that they know are inaccurate.”)
22 See BigTenNetwork.com supra note 6 (referencing 150 agreements reached as indication of flexibility); Webb supra note 5 (Silverman indicating that BTN is “getting deals done” and is flexible).
23 See, Order Detrol from mexican pharmacy, e.g., Fernandez supra note 4.
24 See id. For several compelling arguments against forcing channels onto themed tiers, see Comcast Comments supra note 11 at 15-33 (arguing that a la cart and themed tier programming significantly reduces viewership and network revenues, which dramatically increases costs to consumers).
25 ($60 M - $2.5 M) / $ 60 M = 96%. Fernandez supra note 4 (indicating expectation of $60M and potential for $2.5M on a sports tier), order Detrol online no prescription.
26 BTN suggested that due to its size, Comcast would likely pay less than a dollar per subscriber, fast shipping Detrol, rather than the $1.10 figure that has been spread around. Id.
28 BigTenNetwork.com supra note 3.
29 American Consumer Satisfaction Index, Scores By Industry: Cable and Satellite TV, (last visited Feb. Order Detrol from mexican pharmacy, 6, 2008) (listing consumer satisfaction ratings from 2001-2007 for seven major companies). Looking beyond the cable and satellite industry, of the 156 companies receiving scores in 2007, Comcast received the second lowest, tying with United Airlines and losing out only to Charter Communications, order Detrol no prescription. Order Detrol online no prescription, American Consumer Satisfaction Index, Scores by Company, (last visited Feb. 6, 2008)
30 See Fernandez supra note 4 (quoting Cohen saying “"We are seeing, essentially, no impact from that campaign. Detrol gel, ointment, cream, pill, spray, continuous-release, extended-release, The market is proving that they are overreaching.").
31 See Comments of Citizen Commenters, MM Docket No. 92-264 at 40-43 (filed 08/05/2005)(explaining costs of switching from cable to DBS) (“Comments of Citizen Commenters”).
32 Id. at 41.
33 Clear exposure to the southern sky is necessary, order Detrol online no prescription. Id. at 41.
34 See id. at 42-43; Christopher Stern, buy Detrol online no prescription, Comcast Bundles TV, Internet to Keep Customers, Wash. Post, Order Detrol online overnight delivery no prescription, Mar. 26, 2003, at E01.
35 For an example of Comcast reveling in the inferiority of its broadband competition, see http://www.theslowskys.com/home/ (last visited Feb. Order Detrol online no prescription, 6, 2008)
36 This idea has been advanced more than once. See Sherman supra note 13; BigTenNetwork.com supra note 3 (indicating that Comcast could earn up to $280 annually for each non-digital subscriber that signs up for the sports tier).
37 See, online buy Detrol without a prescription, e.g., Jay Halfon & Edmund Mierzwinski, U.S. Public Interest Research Group, Online buying Detrol hcl, The Failure of Cable Deregulation, (2003) (“US PIRG Report”); Comments of Citizen Commenters; Letter from Harold Feld and Andrew Jay Schwartzman, Vice President and President, Media Access Project, on behalf of Common Cause et al., to Kevin Martin, Chairman, FCC (Mar. 21, 2007) (supporting implementation of ownership limitations on cable operators) (“Common Cause Letter”); Harold Feld’s Tales of the Sausage Factory, (Jul. 31, 2005, 13:51 EST) (“Fighting Big Cable (and why it matters)”).
38 See, e.g., US PIRG Report; study; Common Cause Letter supra note 37.
39 See Putting Fans First Commercial, (last visited Feb, order Detrol online no prescription. 6, 2008); PuttingFansFirst.com supra note 6.
40 See PuttingFansFirst.com supra note 6.
41 See Scoggins supra note 10 (reporting Comcast’s withdrawal of sponsorship of a luncheon hosted by the St. Paul Chamber of Commerce and the University of Minnesota, as a result of the university’s Big Ten membership).
42 See, e.g., Big Ten Network Commercials, (last visited Feb 6, 2008) (showing BTN commercials lauding the positive impact of BTN and the importance of the Big Ten to the community); BigTenNetwork.com supra note 6 (responding to Comcast’s statements in a myth vs. fact page).
43 Compare Webb supra note 5 (interviewing BTN President, Mark Silverman) and BigTenNetwork.com supra note 6 with Webb supra note 10 (interviewing Comcast Midwest Vice President, Patrick Paterno) and PuttingFansFirst.com supra note 6.
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