Common Sense

The Current Debt Crisis--What a Statesman Would Do

2011-08-01T16:05:00.002-06:00

I don’t claim to be an expert on the current debt ceiling debate raging in the beltway and now being felt around the world. It is not unlike a hurricane that is brewing off shore with the possibility that a last minute change may spell disaster or relief, depending on several factors, including the unpredictability of chaos. What I do know is that the debt storm brewing, unlike a real hurricane, was man made. It therefore can be unmade. If it had a beginning, it will have an end. One can argue all day about who created it, when it was created, how to change it, or it’s final impact. All those questions, although interesting, won’t change the fact that the winds are starting to pick up outside and those winds are just the precursor of what might be a great storm that devastates many.

The discussions of some in Congress with the weight of rhetoric and ideology are not methods or tools of change, they are the gravitational centers of a polemic mass. They are not helpful as tools of compromise, but are the flags of politicians looking for the votes of the populous or the chance to make a foe look bad regardless of consequence. Populism is great if it is educated. An educated populous should, however, embrace change and the notion that stress and crisis are necessary for growth. You can paint yourself into a corner very quickly with the brush of ideology. When you are drawing lines, you ought look at what’s behind you.

Good decisions are not made for the masses when extreme polarity is at play. This is especially true when the environment is ever changing. When trying to solve an issue, you need to have as many options available as possible so you are not limited lest you cause the brewing storm to cause more damage.

When 9/11 occurred it was unexpected. There were perhaps signs, but the manner and way it occurred was unexpected. It caused overwhelming pain and destruction. Families and individuals were ripped apart in ways that will never completely heal. It also initially caused financial upheaval. The turmoil was unplanned, unnecessary and unwanted by rational human beings. One of the goals of the terrorists who planned and carried out the plot was to hurt us at our financial center or core. They failed. The economy was strong enough to take the impact and a taller building is rising. Though that storm was unplanned, we survived and rebuilt.

Now, ten years later, a financial storm of perhaps greater proportion may soon befall us if elected men and women do not step forward as statesmen, put aside politics and forego the stale and corrupt immovability of polemic ideology. Is it not ironic that this storm is our own creation? No one else caused this but ourselves. We will be responsible for the damage. Did we not elect the officials that are making the decisions? We apparently like the reality we created. We elect and we watch. It’s like Rome in a coliseum. The problem is, however, we will be the ones that get hurt. We are both the gladiator and the slave.

The other fascinating point is that we have been here before. Debt as a percentage of GDP has been higher in the United States. World War II saw higher debt when compared with GDP. However, the stakes now feel higher. For over a 140 years the United States has been the world’s biggest economy and has made the rules for the rest of the world when it comes to commerce. The rest of the world knows this. China knows this. Maybe we are tired of being number one. Being number one has advantages but so does being number two. Perhaps it is less stressful. Perhaps we want to draft off others in the future as they have done. That debate will inevitably arise more focused as China’s economy gains momentum and influence, and possibly overtakes the US in about 20 years. For now, we have a storm to attend to in D.C.

What is needed are people brave enough to see the future as one of possibility and growth. The keys or tools to solve the problem are also the keys of opportunity. These tools to work solutions are relatively simple but it will take calm and self disciplined people to either change course or prepare for the impact. I hope they start soon if they have not already. It may even storm for a while so remaining calm is even more necessary.

Here are some ideas: Place the leaders of the various factions into small groups. Put opposites in the same room. Bring in facilitators, mediators or peacemakers if necessary. Allow these many smaller groups to handle just one of the issues each. Allow them to hear each others positions informally and to actively listen i.e. “What I hear you saying is you don’t want to have to pay for something unless you can afford it.” “What you want is for people to have a job at a company that is not over taxed so it can hire.” etc. These small groups will hopefully build new personal relationships. Let them come up with creative solutions. People are real when they are one on one. They are not when they are 60 vs 225 vs 210 vs 100.

Next idea: Sometimes you have to sacrifice to finish a deal. Sometimes you have to make concessions to make a deal work. It is not perfect, but at least it allows for there to be momentum. If one side gives a little then perhaps the other side will as well. What’s the alternative? Civil discord or perhaps worse. Politics is by it’s nature a short term project. It yields little long term gain. It is thunder without the rain. Statesmanship, on the other hand, is long term and forward thinking. It knows, for the good of others, tough decisions are made for the future. It does not seek to gain another majority in a few months or to create more argument to justify itself. A fool speaks without meaning. A statesman speaks with authenticity and heart. In the next election perhaps we ought to elect statesmen, not fools. One of our best thinkers, Benjamin Franklin, offered this advise to his fellow statesmen on compromise: Be willing to sacrifice, not your principals, but your overwhelming urge to be right. It’s a republic if we can keep it.

Trust, open options, future looking, and the ability to concede when necessary to continue are the keys to the dilemma we face. The deal will not be done by having separate press conferences or by signing a pledge. It’s “We the People.” Just because you can tie yourself up, should you? What if you need those hands because an unexpected fire starts and you need to pour water on it? The deal will be done by true gentlemen and gentlewomen of intellect and heart placed in small groups across small tables. They will needs their hands in order to shake the hands of each other when the deal is finally done.

By the way, I have a new website at: www.intermountainmediationcenter.com
where you can view additional information about what I currently do.

THE LOST CONTINENT OF ATLANTIS AND THE SHOT HEARD AROUND THE WORLD

2011-05-21T00:55:00.002-06:00

I have a prediction. This will not be my last post unless in the outside chance Harold Camping is correct about May 21, 2011, 4pm eastern time to be exact. Reality has a way of doing it's own thing. For many, it gets in the way. I suppose the rapture performs a necessary escape for those that want a simple answer. The world has become too complicated for them and so a magic man is going to come and make it all better. That will show the other several billion of us or so! I'm sure they won't have an "I told you so" or, "you should have listened to me" attitude when they reach heaven. Or will they? The rest of us will be stuck here on earth trying to work out all the devastation and havoc that judgment day has brought. Escaping it would be nice but some of us will be left cleaning up the mess. So what if Mr. Camping is wrong? Well that's okay because we have 2012 and it's right around the corner. What if 2012 comes and goes, what then?

I have a tendency to listen, actually eavesdrop, on random people that I find along the way. The other day I was in a Cambridge bookstore and overheard a man who was clearly articulate with above average intelligence explain to the patient bookstore owner that he saw remnants of the Atlantian civilization all up and down Massachusetts Avenue and that somehow MIT was involved and it, along with the military industrial complex, knew all about this. Moreover, in the very store I was standing in was an actual relic from that former advanced civilization. It was a collage "dare he say" that was on the wall that had a distinct Atlantian metal bracket as part of the piece of art. When the owner pointed out that a friend of his had made the art piece and had given it to him as a gift the Atlantian expert asked whether his friend had any particular knowledge as to where that metal piece came from? The truth is a sticky wicket. It's hard to identify especially when you are less than 100 percent sure. You see, if what you are espousing is less than 100% truth it is technically not true. You can say it is and perhaps many will believe you and it may even make you feel better but it is only a theory or road sign pointing you hopefully in the right direction. I guess we will never really know the truth about that bracket and whether MIT is using that bestowed technology from Atlantis for good or evil.

Before headlining a GOP fundraiser, the Tea Party darling and possible Republican Party candidate for U.S. President, Michele Bachmann, told a group of students and conservative activists in Manchester, New Hampshire, "You're the state where the shot was heard around the world in Lexington and Concord." My ancestors who fought on both sides of that war were apparently wrong when they thought that those shots were fired in Massachusetts, not New Hampshire. It's probably just me, but isn't it ironic that the Tea Party has a name that goes back to the Revolution and that its main spokesperson doesn't have a clue that Lexington Green is where the shot rang out in 1775? Most of us would say the man in the bookstore was mentally ill or delusional. But why? He believed what he was saying was true. Doesn't Mr. Camping and Michele Bachmann also believe in what they are saying? Does the truth even matter anymore? What is one to do?

So here is my prediction: I, and about 7 billion of you will be left here on this blue planet tomorrow. We will still be surrounded with war, poverty, famine, earthquakes, floods, global warming, opportunists, the naive and gullible, naysayers, scientists, skeptics, dictators, followers, con artists, peacemakers, the pure in heart, dreamers, optimists, philosophers, the weak, the afflicted, the powerful, the haves and the have nots, etc., etc., etc.

So what are we to do then? Here is a thought: Pretend God is coming and let's clean up the place so she enjoys her visit. If God doesn't show up at least your children and grandchildren will be happy you left something for them that you cared about, respected and didn't waste. Another thought: What if we showed God, the universe, or your big toe that this creation didn't all have to go to hell and that we decided just to have heaven on earth? Seems more logical to me in the long run.

Henry Vane and Gene Sharp Welcome You To Boston

2011-02-19T19:16:00.002-07:00

I decided to spend the day with my son Stuart, who is attending Berklee College of Music, at the Boston Public Library. The Boston Public Library opened its doors in 1848 and was the first large library opened to the public in the United States, and the first to allow people to borrow books and other materials and take them home to read and use. With over 30 million different books and A/V materials, that is a great deal of trust put into the public.

When you walk through the giant doors of the library off of Copley Square you first walk into a smaller corridor. To the left is a bronze statue of a Puritan looking man. I have visited this library a few times before but never had I stopped to read the the name on the inscription of the bronze statue. This time as I walked in, I was stopped by a young middle-eastern man who had a small digital camera who wanted his picture taken standing next to the bronze statue. After a brief moment, the picture was taken and he was on his way. I walked over to the statue and read that it was that Sir Henry Vane (Harry Vane) (born 1613– beheaded in 1662), an English statesman, who was also briefly present in North America, serving as a one term Governor of the Massachusetts Bay Colony. I went upstairs to the great hall where all of the oak desks and green lamps are found and began to research Henry Vane. I learned he also helped create Roger Williams' Rhode Island Colony and Harvard College. But more importantly, he was a tremendous proponent of religious tolerance, and the inherent rights of man. After a prolific career as a statesman who spoke without hesitation regarding freedom, he was ultimately beheaded by Charles II for treason. The King didn't like his politics as it undermined his power.

Here are some of the words of Henry Vane:

"The power which is directive, and states and ascertains the morality of the rule of obedience, is in the hand of God; but the original, from whence all just power arises, which is magistratical and co-ercitive, is from the will or free gift of the people, who may either keep the power in themselves or give up their subjection and will in the hand of another." King and people were bound by "the fundamental constitution or compact", which if the king violated, the people might return to their original right and freedom.

Sean Gabb, a British libertarian, notes that Vane was in the vanguard on issues of religious freedom. Although he was "among a small and easily defeated minority", his successors 150 years later "were responsible for the clearest and most solid safeguards of civil and religious freedom ever adopted into a constitution."

James Kendall Hosmer, editing Winthrop's Journal in 1908, wrote of Vane that "...his heroic life and death, his services to Anglo-Saxon freedom, which make him a significant figure even to the present moment, may well be regarded as the most illustrious character who touches early New England history. While his personal contact with America was only for a brief space, his life became a strenuous upholding of American ideas: if government of, by, and for the people is the principle which English-speaking men feel especially bound to maintain, the life and death of Vane contributed powerfully to cause this idea to prevail."

The last several years have brought much change to the world. Technology has provided tools that can connect me instantaneously to someone thousands of miles away. Information is powerful. A power that even a King or a dictator cannot always fully control try as they may. Information creates a leveling effect.

I received an email from Dorit Cypis. A great woman who is the head of the Middle East Initiative for Mediators Beyond Borders to which I belong. At the very moment I was immersing myself in Henry Vane at the Boston Public Library she had sent me an email concerning Gene Sharp that she entitled "Dictatorship to Revolution--the text behind the current social uprisings." What was attached to Dorit's email was one of Gene Sharp's 90 page booklets entitled "From Dictatorship to Democracy--A Conceptual Framework for Liberation" I had recently heard of a Gene Sharp from and article written in the New York Times. It described him as being a shy, thoughtful, elderly man who was one of the primary information providers to the recent populist uprisings, not only in Egypt, but in other countries as well. He has been writing his thoughts for several decades. Amazingly, he is not a big user of the internet nor social media. But when thoughts are as powerful as his, they have a way of of finding and flowing into the river of change. His contribution, like that of Vane has too been a strenuous upholding of democratic ideas: that government of, by, and for the people is the principle which men feel especially bound to maintain. His life has contributed powerfully to cause this idea to prevail all over the world. He lives and writes in Boston.

After the recent events in Egypt that we all watched unfold on CNN one might expect that we could all just simply move onto the next world event as if a box had been checked and Egypt had completed its' revolutionary to do list task. Gene Sharp, in his writings is quick to warn that, "Nor should this analysis be interpreted to mean that when a specific dictatorship is ended, all other problems will also disappear. The fall of one regime does not bring in a utopia. Rather, it opens the way for hard work and long efforts to build more just social, economic, and political relationships and the eradication of other forms of injustices and oppression. It is my hope that this brief examination of how a dictatorship can be disintegrated may be found useful wherever people live under domination and desire to be free."

So now comes the hard work and long efforts. Revolution is not an event but a process, a process that if done correctly continues on and on in the hearts and minds of those who see a better way. May Henry Vane and Gene Sharp welcome you to Boston and to the idea that all people are inherently free and that government exists of, by, and for the people.

Finding Your Melody

2010-12-21T22:30:00.011-07:00

My son is leaving. He is on his way out of Utah and taking up residence in Boston while attending Berklee College of Music. To say I am both a mixture of happy and sad is an understatement. One of the things we have in common is our love of music. We both hear it passionately and at least one of us will most likely make a life of music. About 5 years ago, Stuart and I attended a Pat Metheny concert at Kingsbury Hall in Salt Lake City. Pat and his ensemble were debuting his new work "The Way Up" which is a 68 minutes piece in 4 movements. It is jazz, but classical, fusion, but latin, driving, but effortless (here is an excerpt of the introduction of the piece: http://www.youtube.com/watch?v=Ecz3ykm_TRU

I did not know it at the time I attended the concert but Stuart and I were watching his future. Pat Metheny was the youngest professor to teach at Berklee and has a doctorate from there. The drummer, Antonio Sanchez, is a graduate of Berklee. Lyle Mays, Pat's longtime piano player/composer extraordinaire went to Boston to play with Metheny in the 70's and has been an artist in residence at Berklee ever since. The bassist Steve Rudby has also been an artist in residence at Berklee.

The essence of "The Way Up" is really quite a simple. It is the essence of life. After about 4-5 minutes of of driving rhythm played in multiple time signatures 3,4, 5,6,7, etc., Metheny introduces and plays what will be the main theme basically solo in a two against three feel. He finds the melody of the piece that will be played in various ways throughout the remainder of the next three movements. There is frenetic playing, moments of loudness and softness, chaos, pulsing beats in various syncopated times, variations of themes, counter-variations, thesis, antithesis, synthesis, confusion, sadness, melancholy, tranquility, explosions of emotion, technical mastery of complex equations without emotion (5 against 4 for example), noise and quiet, tension from playing over the bar and floating without gravity.

The true essence of musicianship is the essence of a mountain climb, a journey, a practice, a life's work. It is yes. It is no/know. It is spirit and it transcends you and the physical. At the level of a Metheny or a Sanchez, or a Mays or a Rudby, you are a Master. I suspect they would be the first to tell you, besides the endless amount of practice/climbing they have done, that they really cannot explain where the music resides because that place is sacred and they will not speak of it. At this level, space and time become meaningless. You may see them play it in the physical sense and you can certainly hear it, but as the Master you are inside it, you are it. You become a conduit. God or the Universe takes over. When you ask a Master what the essence of it is they can only point to it and say it is up there. They can only direct you toward the top of the mountain. The way up.

After a total literal climax in the third movement which leaves you tired and unable to think, the fourth and final movement built from previous themes eventually surrenders to a clear and uncluttered flowing stream of that simple melody that was found in the beginning--that melodic journey that had a theme and that found wings and began to soar--at times in double time or warp speed and at other times falling like honey, dripping slow. But somehow all the contrasts are the same. Two notes, three notes, endless notes, played endlessly. They become one. In the end, the melody is just played simply. From it's first introduction it has been through up and downs, has been torn apart and put back together again and again. It gets stuck, gets confused, gets lonely (only few journey to the top and this takes getting used to) and then it simply flows as it finds its way up. Find your melody Stuart and become.

Thanksgiving Wish

2010-11-23T21:36:00.009-07:00

Be careful what you wish for. I read a great deal. I do not say this to boast but to make a point. I read primarily American history from the 1600's to the late 1700's. I read about our country's founding and the personalities of the people that played a part in that founding. What I realize from my readings is what little I really know. In fact, the more I read the more I realize I know nothing compared to a Franklin, Adams (both John and Abigail), Hamilton, Madison, Jefferson, Warren, Bradford or a Massasoit. I marvel at the brilliance that these founders possessed. They did not all hold the same notions as to what direction our country should progress but they had one thing in common--a belief that a knowledge of history was essential when proceeding to a hopeful future. They struggled with the concepts of egalitarianism, elitism, and pluralism. They studied philosophy, nature, science, the rights of man, god or the universe, and communicated their ideas thoughtfully, provocatively and with intelligence. They were smart. I suspect on average, smarter than most alive today. I would wish nothing less for our future. What do you wish for?

I am aghast at what I currently see today as politicians, producers of information, and many of those with contrived followings claim as their knowledge in such things and concepts as the constitution, democracy, republicanism, and economics, perhaps after being at a weekend seminar put on by a group with an agenda, after reading a paper drafted by a think tank, or even worse just speaking without having thought. I even feel less secure when a great number in our country seem to put trust in someone that clearly doesn't read literature, have a sense of history and would do reality TV.

We have been blessed and perhaps lucky up until now for the most part. Although there has been many times we have been at the brink of disaster, smart thoughtful people were there to lead and a smart educated public followed. We owe much of this to the people that came before us. It will not always be so however if we do not continue to carry on the work they began and realize that a great republic with a democratic foundation is not worth anything without an informed public lest we become an illiterate mob.

Read a book. Read literature. Read history. Read the Constitution. Study philosophy. Pray. Dance. Chant. Meditate. Do something significant that changes and informs people, especially if it is your family or neighbor. Take time to stop, listen and think--hopefully before you speak. Do you really want an episode of Reality TV or do you wish for something better? If not for you, your children. You can only play a part for so long. The character will inevitably change or be written off the show. Turn the cameras around and show the utter unreality of what is taking place. The last time I spent time with my family I did it without having a director, 3 producers, 10 cameras and trailer that catered food. The truth will ultimately prevail if thoughtful people calmly step forward and conduct themselves from within and not from without.

My Opinion on Climate Change

2010-02-15T20:01:00.026-07:00

I am sorry if this sounds a bit like a diatribe. This is only my opinion of what I witnessed. I've been in hibernation since Denmark and the Climate Change Conference. My first sensation upon arrival at the conference was that of dizziness due to the shear drama and the volume of the event. The Belle Center, the facility where the conference was held, was a mammoth structure that easily held 15,000 people from every corner of the world. The large halls within held the leaders of our planet. It was as large a scale of planetary "leadership" as I have ever witnessed. I put leadership in quotes because I really am struggling as to what that is and what is needed for our planet. What I saw was more about process than substance--sometimes a rigged, overly formal petty process at that. I initially thought this may be due to the shear size and possibly the lack of clarity of the climate change subject matter. Arguments between countries would deteriorate into such things as what should be the logo of the next conference or whose delegates were stopped at security and weren't allowed inside Belle due to improper credentialing. This would go on for several minutes of valuable time. This is not to say that there were no caring leaders present. Some, in fact, are the most humble, careful and thoughtful leaders with whom I've ever had the privilege of meeting and listening to. There just seemed to me to be a general lack of leadership and vision as a whole. The fire did not seem to be lit in most of the delegations. There were clear exceptions--the Small island nations, etc., but overall the conference felt like a cork bobbing in an angry sea.

The apartment that I stayed in during the conference was in Christianhavn, a small island oasis away from the masses. My apartment building was over 300 years old and honestly felt ghostly-but in a good warm way. It was simple, quiet and only lit by candles at night. I could see the reflection of my small apartment in the canal below. It was a place to reflect. On my way home, the second Saturday of my work at the Belle Center, I walked home though a march of 100,000 protesters that demanded a climate treaty. It was loud and frightening in some ways outside but my refuge gave me respite. I knew then that the hoped for treaty wouldn't happen, and not due to the protesters lack of trying, but due to lack of clarity of vision inside the Belle Center.

My MBB group held a conference mid-week at the Glyptotek Museum where we invited world delegates to learn about mediation--a practical approach to facilitate positive change--a few actually appeared. This art museum is one of the best I have ever seen. It is built around the personal collection of the son of the founder of the Carlsberg Breweries, Carl Jacobsen. During this outside conference, I had the opportunity one night to slip out from the group and walk quietly around seeing amazing ancient sculptures from Egypt, Rome, Greece, not to mention more modern works by Rodin and Degas. The collection of paintings within its walls, most of which were French impressionists, included Monet, Pissarro, Renoir, Degas and Cézanne. I stood motionless as I looked at Van Gogh, Toulouse-Lautrec and Bonnard. It showcased what the potential of humanity could be and sometimes is. The art was alive and speaking.

For some reason I have been thinking about the American Revolution and in particular Thomas Paine and Paul Revere. As you recall, Paine wrote an anonymous pamphlet in the early part of 1776 that spread among the colonies such that within 3 months over a 100,000 copies were sold. What Paine was saying was far from original. Scots and other philosophers had been saying such similar ideas for centuries. What he did though was to speak in plain language with a vision of the future that was descriptive enough for the masses to understand and be energized about.

Here are some of his words:

“ These are the times that try men's souls: The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated”

I have also read extensively about Paul Revere. Although the story we hear of in grade school is not too historically accurate (the real story is much better), I am always amazed at the fact that one man can have such an impact at spreading the word. It is equally apparent that luck or invisible forces come into play as well. When Revere left his home on the North-end of Boston that windy and damp Spring night, a large British warship, the Somerset was anchored in the Charles River between his hidden row boat and the riverbank by Cambridge to where he would row to his awaiting horse. To make matters worse, it was a full moon and the whole river was visible to the men watching as outlooks from the Somerset. They knew their comrades would soon march and they were told to stop all river traffic at any cost. Thank God Boston has hills. As the moon rose Beacon Hill caused a perfect moon shadow on the watery path that Revere rowed through as he heard the moorings creak and the men talking from the Somerset.

The Chairperson of Intergovernmental Panel On Climate Change or the IPCC, Dr. Rayendra Pachauri, delivered the opening speech at COP15 in Copenhagen on December 7 2009. Here are the highlights:1)Warming of the climate is unequivocal 2)Since the mid 20th century most of the new warming is anthropogenic or man-made 3) Possible disappearance of sea ice by the latter part of the 20th century 4)Increase frequency of hot extremes 5)Increase in cyclones 6)Decrease in water resources in certain ares including the Great Basin where I live 7)Possible elimination of the Greenland Ice sheet which will cause sea level rise of 7 meters 8) Increased risk for 20-30% species extinctions if we warm 1.5 to 2.5 degrees C. 9) Greater flood risk due (although overall less precipitation)but more violent and unpredictable storms. As I said, these are only highlights--it's in some ways much worse. Many in the small islands of the world, including Tuvalu, are already feeling the effects of a rising sea.

Much lately has been said about the accuracy and efficacy of some of the science of the IPCC. It has over 2500 scientists looking at climate change. Sometimes they get it wrong. Recently, they indicated they made a 300 year calculation error regarding glacier melt in the Himalayas. Most of the critics rushed to the conclusion that this error and a few others point the the fact that it is all a bunch of quack science behind climate change. Two thoughts: When that part of the world adds another 1 billion people in the next few decades and the ice is only half melted should that make us feel any better? Should we not care about our great, great grandchildren because they are not here yet?

Heraclitus, the famous Greek Philosopher said something to the effect, "You can not step twice into the same river, for it is not quite the same river nor is it quite the same man." The IPCC will not get their predictions 100% right. Maybe not even 50%. But is that really the point? What if the sea rises only 3 feet? What if the air is only moderately polluted? What if only 10 percent of the species become extinct? On the other hand, what if they underestimated the climate change fall-out and the planet becomes uninhabitable in a few centuries? The point here is one of change but also chance. If it isn't now right in front of us why would you worry and why should you change? There are lots of opinions but somehow truth will still find its way. When will you see it, if ever? We are in a society that confuses opinion with truth and how to deal with the differences.

I have opined previously that effective revolutions take time--a slow burn if you will. The real ones never end, they continue towards a calculus of the vision they sought to create. Slow is the genius. It gives time for people to awaken and be touched by the truth of reality. It gives time to lighten the darkness of the expanding boundaries. It has to be malleable to avoid breakage. Different people will interpret ideas differently. But what the hope is is that the overall community of mankind has a place in mind where we all can reside.

People are born with the potential to make a difference if they have a desire to involve themselves in the flow of the climate revolution. We need to progress in process and substance. Ultimately, the truth of what is occurring exists. Are we willing, as an "only present now population" to take a chance that the future is someone elses problem? Are your thoughts opinions or more truth? Do you know the difference? Are you sure? Are you willing to risk the planet on your opinion or truth? Or would it be better to yearn for a vision of the future that makes our journey together more fluid? Where is our Revere that rides into the night to call out? Where is our Paine who makes it simple to understand and lights the vision?

Step Forward.

CLIMATE CHANGE ADAPTATION

2009-12-18T17:04:00.002-07:00

Here is an article about adaptation in a warming world:

La. Indian village holds out against plea to move
Dec 13, 2009 (11:01p CST)
By CAIN BURDEAU (Associated Press Writer)

ISLE DE JEAN CHARLES, La. - AP Video
A day in the life of Edison Dardar starts with a caterwaul of a shout. A yawlp. His chest puffs up: "Yay-hoooo!" Morning cries down the road greet him. "Wa-hoooo!" .... "Yaaaah!" .... "Aaaahh-eee." The Indian fisherman smiles. His cousins and nephews are doing well.

Soon enough, roosters and dogs join the morning chorus, and the island is awake.

"It keeps your chest clear," the 60-year-old barrel-chested fisherman rationalizes. "Over in Bourg, if I did that, they'd probably put me in jail."

Bourg is a tidy Cajun bayou town a few miles north of Dardar's hurricane-smashed Indian village in the marsh where holdout families are being urged to move to by a tribal chief, scientists and public officials.

Why? Because life on this spit of soggy land 6 miles from the Gulf of the Mexico may soon be impossible for the interrelated families with French, Choctaw, Houma, Biloxi and Chitimacha bloodlines that go back 170 years when a Frenchman came here with his Choctaw wife and named the island after his father, Jean Charles.

The road to the island is caving in. Hurricanes are flooding homes more often. The Gulf gets closer every year. Isle de Jean Charles is at risk of disappearing under the Gulf of Mexico.

But to Edison Dardar and his kin, the name Bourg sounds like a prison.

"What am I going to do there? Wake up and look at the road?" Edison Dardar shrugs. "No, not me. I'm not moving. This island is more beautiful than ever. This island is a gold mine for me."

He casts for shrimp at sunset behind his house. Sips coffee at Oxcelia's, his sister's place up the road, in the mornings. Checks in on Leodilla, his blind, 90-year-old mother who's old enough to remember the huts made of mud and grass, or bousillage. His wife, Elizabeth, is content watching old Westerns like "Bonanza" and feeding her chicks. A son still lives at a home they raised on 12-foot stilts after Hurricane Andrew in 1992 flooded the island. It wobbles like Jell-o when someone walks from one room to the next.

With a bad limp from 40 years of backbreaking work dredging for oysters, Edison Dardar hobbles over to a handmade plywood sign on the road through the village. He stands next to it proudly.

It reads: "Island is not for sale. If you don't like the island stay off. Don't give up fight for you rights. It's worth saving. Edison Dardar Jr."

"My son wrote it," Dardar, who cannot read and write himself, says with a grin.

___

From New Orleans, it's a long road to this alligator- and mosquito-infested marsh island. The road goes past the city's outskirts, postwar suburbs and po' boy sandwich shops; it sails across Cajun farmlands of sugar cane fields, moss-draped oaks and roadside watermelon vendors. You must drive beyond the inland fishing towns connected by clunky drawbridges and bayous bobbing with shrimp trawlers and hyacinth.

Push on, and the canopy thins out, the road crosses a levee and enters the wide open expanse of marsh tidelands that run for miles out to the Gulf of Mexico.

An end-of-the-world nausea sets in on the narrow road that rolls across open water toward Isle de Jean Charles. A crooked yellow sign warns: "Water On Road." When high tides and a stiff southern wind combine, the road is slick with water. Half the road caved in after last year's hurricane season.

A gut check hits as the road wends through the island. Half the houses are empty shells, blown apart by hurricanes. Most of the others are raised high on pilings - not for the view, but to keep sofas, beds and Grandma's photos out of the Gulf's regular inundations. The church is gone, the store is gone, most of the children too.

The islanders are living the doomsday scenario that many researchers say awaits Miami, Houston, Savannah, New York: A rising sea at the doorstep.

The village sits outside the main levee systems of south Louisiana, and in the middle of some of the fastest eroding wetlands in the world. For the past 80 years, oil drilling, logging and the Army Corps of Engineers' levee building on the Mississippi River have doomed the island. The knockout is the combination of sea level rise and intense hurricanes.

"In the 1980s, I asked someone to take me to look at Fala, an important Indian settlement, and he took me out there in a boat and said, 'Look down,'" recalled Jack Campisi, an anthropologist who's worked to get south Louisiana's American Indians recognized by the federal government. So far, the Bureau of Indian Affairs has shot down their petitions. "What's at stake is a viable ethnic identity. It's easier to do if you have a federal relationship."

Many tribes moved into the swamps to escape enslavement or forced banishment after Congress passed the 1830 Indian Removal Act. Today, there are about 20,000 American Indians on the coast. Until the 1950s, most Indians lived in isolation with limited interaction with whites. Old timers recall barefoot children scampering into the woods to hide when the first cars rattled onto the island in the 1950s.

Before the coast was overrun by the oil boom and shipyards, the Indians lived off the land, growing small gardens and raising livestock. Fish, oysters, crawfish and crabs were staples. For medicine, they relied on plants. There was "bon blanc" tea made from a leafy plant. Medicinal teas were gotten from boiling "citronelle," "venera," a Houma word for sage, and the bark of the "bois connu" tree.

"We had no running water. We washed our clothes in the bayou," recalled Hilda Naquin, a 95-year-old Houma woman who grew up between mud walls covered in newspapers and under a thatched palmetto roof. "We didn't have much to eat. My grandpa used to plant a garden. Thank God for that. Our oven was made outside with the dirt and mud."

This isolation was imposed, as stories of discrimination attest. Indian children were barred from schools until the 1960s and called "sabines," a derogatory term.

"My daddy couldn't go get a haircut up the bayou. He couldn't get a hamburger in the town of Golden Meadow," said Laura Billiot, Hilda Naquin's daughter. "The prejudices are still there today; not as bad, but they're still there."

___

Albert Naquin, one of two tribal chiefs recognized by the islanders, stands on the sinking road surveying his old village. The sound of water laps at the road and fills the silences between his words.

"They had a small lake over yonder, just north of here. Wonder Lake. Now it's all open water," Naquin says.

He resembles a defeated general surveying a battlefield. The contours of the past - smoke rising from thatched-roof homes, barefoot children splashing in crawfish ponds, fishermen poking through the marshes in pirogues - shimmer on the flat marsh horizon in front of him. But these are only memories now. For him, it's time to move inland and reconstitute the tribe behind the safety of levees.

"We didn't have any money. We lived off the land. We had our own cows, we had our pigs, we had chickens, and they were fishermen, and they also raised the garden. So, during the Depression, we didn't even feel that at all," Naquin says.

The idea of moving to Bourg was Albert Naquin's idea. He's talking with state and federal officials about a $12 million plan to buy a tract of land for 60 homes, in return for not fixing the road.

But his intentions are regarded with skepticism and open hostility by the families that remain on the island. Naquin's family moved off the island after a hurricane destroyed their home in the 1970s.

"Sometimes I feel like Moses," he says. "But Moses had something to go by. I don't have anything. I mean, I'm just an old Indian guy from down here."

He shakes his head. "I'm taking a beating."

Isle de Jean Charles is not the first Indian village to face relocation because of erosion and sea level rise. These factors are combining to force the relocation of seaside villages like Newtok, Shishmaref, Unalakleet and Kivalina in Alaska.

"This is not something that is happening just in Louisiana and it is not something that is theoretical," said Robert Young, the director of the Program for the Study of Developed Shorelines at Western Carolina University in Cullowhee, N.C. "If we don't at least talk about relocation, nature will make those decisions for us, and they won't necessarily be the ones we want to make."

Since Hurricane Katrina, Louisiana officials and the Army Corps of Engineers have set about drawing lines across south Louisiana to determine what can and cannot be saved from sea level rise and delta erosion.

"They drew this broad red line, and said the entire area below the red line would be at risk," said Michael Dardar, a diesel mechanic, tribal historian and a leader with the United Houma Nation. "Every major Houma community is below that red line. Lower Dulac, Pointe Aux Chenes, Isle de Jean Charles. Our whole way of life is in danger."

This bleak future has been the topic of a recent series of community meetings, called "How Safe, How Soon?"

And at each meeting, Brenda Dardar, the principal chief of the Houmas, has gone in with the same message:

"We need to make sure that we can adapt, whether it's elevating our homes, building smart or moving to a different location. Our history's important, our culture's important and preserving our communities is important."

___

Isle de Jean Charles may be on the wrong side of the line being drawn across the map of south Louisiana. But defiance here seems immovable. The Dardars, Naquins, Billiots and Verdins aren't going easily.

"I wouldn't move. No way. I don't care if this place floods time and again. Nobody but me is living on this land," says T.J. Dardar, a fisherman and one of Edison's cousins, squatting outside his dilapidated wooden house. It's missing siding, needs a coat of paint; piles of beer cans, burnt trash and assorted junk lie around it. A heap of asphalt shingles, with a couple of television boxes thrown in, slumps into the canal across the road.

Notwithstanding the flooding, dangerous road and declining sense of community, it's not hard to see why people want to stay.

"You can do anything you want on this island - catch your crabs, your shrimp, dry your shrimp," Edison Dardar says. "I see nothing changed, me," he says on a walk through his village. So what, he says, if there is now water where he once saw grass? "We were killing duck (when there was land). Now we're killing shrimp. If you're hungry, you make a living."

Back home, his tangy shrimp are drying on a tarp behind his house. Chickens squawk. He mashes a piece of shrimp between his teeth. "They still need to dry some more."

Time slows down here. The plop of a fish brings a great silence of the marsh. Dardar rests for a moment and the symphony of frogs, bugs and birds comes back.

"Make some good gumbo, jambalaya. Talk about good, partner."

"Leave? For what?" he says.

Negotiating Copenhagen

2009-12-18T09:44:00.004-07:00

This is a piece written by a colleague of mine that describes the situation in Copenhagen well:

Thursday 17 December 2009
Copenhagen deal will require more than a little give
and take
JOHN STURROCK
LAST week, I found myself in the Bella Centre in Copenhagen, the location for the
negotiations on climate change.
It is a vast cavern, with scores of rooms serving as the location for talks, presentations,
media activity and lobbying. I was struck by the sheer mass of people, with laptops, leaflets,
cameras and TV screens, milling around in the hope of influencing discussions.
That image has stayed with me as we hear daily of the difficulties facing negotiations. The
sheer complexity of the treaty arrangements under discussion, the fact that nearly 200
countries are participating, and the energetic presence of hundreds of non-governmental
organisations (NGOs) and other international bodies, must make the talks almost
unmanageable. Add to that the diversity of positions on the main issues and the challenge is
great indeed.
Senior diplomats would acknowledge that the process could be done differently. In
conventional negotiations, with a large number of participants, efforts would probably be
made to create smaller working groups to report back to a larger body. The trouble in
Copenhagen seems to be that small groups are working in secret, and exclusion creates
hostility and fear. In the absence of trust, nations fear being taken advantage of by those
whose interests they perceive to be different.
Lack of trust at international level is not surprising, but it makes negotiation difficult. It leads
to the leaking of drafts, a more hectoring tone, hardening into threats and walkouts. Often,
these are carefully orchestrated moves in a game of chess where much else is happening. It
is understandable in negotiation to hear people say: "If you do this, we'll do that…" or "If you
don't give us X, we will not agree to Y". But parties can then find themselves with much less
room for manoeuvre than they need when negotiations reach crisis point. Backing yourself
or the other party into a corner makes it more difficult for crucial concessions to be made.
In Copenhagen, the risk is that some countries will fear losing face even when they know
that, to get an overall deal, they should move. Whatever diplomatic skills leaders such as
Gordon Brown and Barack Obama can bring could be crucial. Can they help others to
change position with dignity and make concessions themselves which are game-changing?
A heroic move to break the impasse may be needed.
In difficult negotiations, all can seem lost until very late in the day. Sometimes, it needs
people to go to look over the precipice and consider again the Big Picture, to realise that the
alternative to a deal is worse than what is on the table. For the rich nations, this may be the
knowledge that, if they don't help the developing nations to tackle climate change seriously
now, emissions will spin out of control so that by 2030 there will be no way back – for
anyone. For the developing countries, the knowledge that, unless global warming is
controlled, the Himalayan glaciers will recede still further, threatening water supplies to
billions of people, and the desertification of large parts of Africa will be hastened, should
provide a strong incentive to reach a conclusion.
While we cannot escape responsibility for what we have done, there may be a time when
letting go of the past is essential if we are to grasp a workable future. Forgiveness is a
sensitive subject with which we may need to wrestle. We can now see that human progress
has come at a great cost. Mistakes have been made. There comes a point when it is futile to
seek to find fault. The reality is that we are all in this together and the only way forward is to
recognise the mutuality of our interests. If we don't, there is a very serious risk that by 2050,
we will have deep regrets.

More From Ken

2009-12-07T00:43:00.001-07:00

Copenhagen Diary:
Reflections from Inside the Climate Change Conference
by Ken Cloke
Entry 2: Sunday, December 6, 2009
This morning, we travelled by bus and tram to the Bella Center to register for the Conference (see photo attached). The lines were not too bad, and it was all efficiently administered by our Danish hosts. Still, we have been notified that if more than 15,000 participants register by Monday there will be rationing. Already there are 5,000 press representatives and they have stopped registering more. Several of our members who went to register in the afternoon got trapped in the Bella Center due to a bag that had been left and resulting bomb threat.
In the afternoon and evening, 22 of us met at Tina’s for a wide-ranging discussion of how to influence delegates. We are a great group and the energy is amazing. At the meeting we each talked about why we came, and the responses were beautiful. Everyone is inspired by what we have created and clear about our mission. We all feel we are representing an idea whose time has come.
The central problems are where to meet, how to communicate with each other, and how to convince delegates that mediation is a useful tool in confronting climate change conflicts, without slipping into the kind of advocacy that seeks short-term advantage through pressure and manipulation.
I said I thought the highest form of advocacy happens when the person you are speaking with understands the idea without any sense that you advocated for it. Even those who oppose mediation should be seen as contributing directly to our future efforts by offering us ways to improve the breadth and effectiveness of our explanation.
I also said that standing directly behind us are dozens of family members and friends, hundreds of MBB members, thousands of mediators, and people all around the world whose lives will be better because of our efforts.
We are all aware that tomorrow the real work begins, and that we need to mediate our way into the mediation process – but this is what we do all the time, so I think it will come naturally to us.
I also worked today on the following letter we are sending to newspapers and blogsites. If you know someone to send it to, please feel free to pass it on.
Mediation and Climate Change
By Kenneth Cloke, President, Mediators Beyond Borders
Global climate change is widely regarded by scientists as non-linear, “chaotic,” inherently unpredictable, and subject to a wide range of environmental impacts. These changes can create disastrous consequences for the earth’s diverse life forms, including us. The potential consequences are so severe that it makes sense for us to take steps to mitigate their impact.
Even those who question the human role in bringing about climate change may agree with these statements.
They may also readily agree that climate changes are already resulting in increased conflicts, due partly to increased competition for scarce resources, and resulting in famine, displacement, shortage of potable water, loss of arable land, and vulnerability to extreme weather conditions.
These conflicts extend to the negotiation and implementation of solutions to these problems, including those currently being proposed and implemented in Copenhagen. Political conflicts over climate change will delay by years, if not decades, the effectiveness of solutions to the problem, thereby causing more conflicts, and so on.
Marshall B. Burke, Edward Miguel, Shankar Satyanathd, John A. Dykemae, and David B. Lobell, in the Proceedings of the National Academy of Sciences, (go to: http://www.pnas.org/) conclude as follows:
We find strong historical linkages between civil war and temperature in Africa, with warmer years leading to significant increases in the likelihood of war. When combined with climate model projections of future temperature trends, this historical response to temperature suggests a roughly 54% increase in armed conflict incidence by 2030, or an additional 393,000 battle deaths.
We desperately need immediate solutions -- not only to climate change problems -- but to the ways we resolve the conflicts that are caused and aggravated by them; conflicts that reduce our ability to reach and implement agreements that can alleviate the problem.
At Mediators Beyond Borders (MBB), we believe that mediation and alternative dispute resolution are powerful and effective ways of reducing and resolving the conflicts being generated by climate change.
For this reason, we are urging delegates to include mediation in the language of their climate change treaty, and in the negotiations leading up to it. This proposal has been endorsed by over 40 leading conflict resolution organizations, and by 160 practitioners from around the world.
More tomorrow. Love to all of you,
Ken

What Copenhagen Means

2009-12-05T16:29:00.001-07:00

I'm on the runway waiting to take off to Copenhagen and just received an email from Ken Cloke discussing what Copenhagen means.This has been a journey that started for me several years ago. I had a sense that change was coming and I was to be a part of that change. Had to be is closer to what I mean. I found MBB by nothing short of pure spirit. Here's is what Ken has to say for all of us:
Reflections from Inside the Climate Change Conference
by Ken Cloke
Entry 1: Saturday, December 5, 2009
I am sitting now in the airport at Heathrow, waiting for a flight to Copenhagen to attend the United Nations Climate Change Conference (COP 15), taking time to reflect on everything that has happened over the last several months, and everything that lies ahead.
I recall being asked several months ago how our efforts began. Here are the questions I was asked then and what I said in response:
What is the story of how the Copenhagen Initiative came into being?
I was contacted in the fall of last year by MBB member Tina Monberg who lives in Copenhagen, suggesting that we apply to observe the UN climate change meeting in December. With Barbora’s help at the National Office, we pulled together the requisite documents and were admitted as an observer organization. Tina and I began to correspond and developed the idea of urging member nations to include mediation in the treaty. I contacted Tom Fiutak, who agreed to head up our U.S. delegation, and we were off and running.
What does being involved with the COP15 -- that is, being the sole neutral third-party NGO observer and only mediation org present -- mean for MBB?
It means we have now been catapulted into leadership on a world stage, with global recognition and responsibility for helping make climate change mediation successful, which connects with our core mission of building conflict resolution capacity around the world. As a result, we have also become global leaders in shaping public and political attitudes toward conflict resolution, and will need to bring our highest skills to Copenhagen.
What are your hopes and expectations for the Copenhagen initiative and how successful do you think we'll be in achieving them?
It will take years before the political leaders of the worlds nations recognize the enormous threat posed by climate change and develop the willingness to mediate the disputes that will inevitably arise and torpedo cooperative efforts to mitigate and prevent them. My hope is that we will convince those most involved to use mediation to resolve their disputes, and that we will do so in time to prevent the worst of what are now clearly foreseeable catastrophes and disasters that will alter life on our planet.
What strikes me now, reading over these comments, is how little they reveal about what we have actually done. Here is a different take on how I ended up here.
The beginning seems right. Tina Monberg, an MBB member from Copenhagen thought we might register with the UN as an NGO and observe the conference. What is missing in this account, because it came to us only gradually, is how crucial mediation is to solving climate change problems. How could we have missed this? Here is a simple 10-step chain of reasoning that has now become clear to many of us:
1. The problems we currently face, of which climate change is only one, can no longer be solved locally, or even by a consortium of the largest nation-states.
2. There are no international organizations, including the United Nations, that are presently capable of solving them.
3. None of these problems can be solved through force or litigation.
4. Bitter conflicts and diverse opinions are widespread between nations, political groups and environmental organizations over whether these problems actually exist, who is responsible for them, and how to solve them.
5. All of these conflicts are blocking us from reaching agreements, implementing them, and solving problems in time, and the dispute resolution mechanisms we currently have in place are incapable of resolving them quickly or deeply.
6. If we do not solve them fully and in time, hundreds of millions, perhaps billions of people will die, thousands of species will become extinct, and the Earth may become uninhabitable.
7. These problems will only increase as population and technology grow and we become more interconnected and interdependent.
8. The only way we can solve these problems and increase our chances of surviving is to build our capacity to communicate across differences, agree on solutions and implement them through voluntary international collaboration.
9. To improve our capacity for voluntary collaboration, we will need to reduce the systemic sources of chronic conflict and resistance to change worldwide; and therefore to reduce poverty and inequality, find alternatives to unregulated capitalist market competition, and increase political democracy.
10. To do any of these successfully, we will need to vastly increase our skills in cross-cultural communication, prejudice reduction and bias awareness, informal problem solving, group facilitation, public dialogue, collaborative negotiation, mediation, and conflict resolution systems design.
Our goal, quite simply, in traveling to Copenhagen, is to convince the delegates that, along with reducing CO2 emissions and finding sustainable sources of energy, we need to reduce the level of global conflict and find sustainable methods of living together. If we don’t, even the best proposals with the most unassailable scientific evidence behind them will not succeed. Put simply, our historic approaches to conflict have also become unsustainable.
So what are we going to do? We are now about 100 mediators from 20 countries, all coming to Copenhagen under the auspices of Mediators Beyond Borders, but representing conflict resolvers around the world and people everywhere who believe in the possibility of peaceful solutions.
We are a small but determined band, a kind of “children’s crusade,” finding strength in our strangely naïve, yet deeply realistic belief that we can actually make a difference. We are inspired by Margaret Mead’s brilliantly phrase: “Never doubt that a small group of thoughtful, committed citizens can change the world: Indeed it’s the only thing that ever has.”
More deeply and immediately, as Leonard Cohen put it in song, “[We are] guided by the beauty of our weapons,” which consist of listening with open minds and hearts, working jointly to understand and overcome our problems, seeking mutual gains and the satisfaction of everyone’s interests, and working creatively and collaboratively to find and implement solutions - not only to the problem of climate change, but to the deeper problem of how we solve our problems.
It has been a combination of the importance and clarity of our mission, the beauty of this process, and the presence of MBB as an inspiration for mediator leadership and a catalyzing force for volunteerism that has resulted in the extraordinary teamwork and dedication of the last few months. We have gone from a little idea to a large, active, engaged, committed team of mediators. I will explain more about how this happened and what it feels like as the week unfolds.
I will write again tomorrow with a report on the registration process and our first strategy meeting at Tina’s house tomorrow afternoon.
Please feel free to share these thoughts with anyone you want. And wish us well. We will need it.
Love to all,
Ken

Canary in the Ocean is Singing--COP15

2009-10-13T10:36:00.009-06:00

I am headed to Copenhagen in December for the UN Climate Change Conference known as COP15. I'm going with an NGO called Mediators Beyond Borders who has been asked to participate. Our primary goal is to insert a mediation clause in the agreement that will hopefully come out of this world climate meeting. This mediation clause, if inserted, will provide countries and others governing bodies with a way to deal with issues and opportunities as they will undoubtedly arise as the world looks to solve the global warming dilemma.

In preparation for my going to Copenhagen, I have been reading a great deal. I just finished a report called the "2009 State of the World--Into a Warming World" by the Worldwatch Institute. Within that report was an article by Aliferti Tawakeand and Jaun Hoffmaister on small island adaptive management. Specifically, they have focused on Fiji and other small countries in the area with something they call LMMA or Locally Managed Marine Areas. It is a community based network where locals share knowledge among traditional elders, community leaders, NGO's, educators and stakeholders. They do not exclude government but rather use them as partners as opposed to commanders. It is a bottom up model as opposed to top down. They are empowered on how to best use their limited resources in light of the predicted climate change. The islands are the canary in the mine so to speak. We should be watching, listening, learning and acting from their example.

Which brings me to the Nobel Prize for Economics. Elinor Ostrom, a political scientist at Indiana University, won the Nobel Prize for Economics yesterday on a theory that caught my ear and sounded familiar. She basically showed how common resources -- forests, fisheries, oil fields or grazing lands -- can be managed successfully by the people who use them, rather than by governments or private companies. She said to reporters after she won that "what we have ignored is what citizens can do and the importance of real involvement of the people involved -- versus just having somebody in Washington ... make a rule."

So the road to Copenhagen starts with you, the individual. As the Dali Lama points out, "We and they no longer exist. This planet is just us. The destruction of one area is the destruction of yourself. That is the new reality." (From Dr. Kenneth Cloke's new book: "Conflict Revolution") It seems apparent that mediation needs to be in place once the parties to the convention in Copenhagen sign the new agreement that replaces the one from Kyoto that expires in 2012. Without this method to solve conflict, global problems will be more difficult to negotiate and more time consuming. Based upon what I have studied, time is not something we have much of if we are to effectuate the change that is needed.

I will endeavor to blog about what I learn and what we achieve as I prepare and go onto Copenhagen and beyond.

Beef Recall Due to E. Coli

2009-06-25T13:37:00.006-06:00

HEALTH RISK: HIGH

JBS Swift Beef Company, a Greeley, Colo., establishment is recalling approximately 41,280 pounds of beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

The products subject to recall include:

Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21852."
Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21853."
Boxes of "Swift, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31852."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31853."
Boxes of "Swift, USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33852."
Boxes of "USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33853."
Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."
Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79852."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79853."
Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "90853."

These beef products were produced on April 21 and 22, 2009, and were shipped to distributors and retail establishments in Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin.

The problem was discovered through FSIS microbiological sampling and an investigation into the distribution of other products.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. Individuals concerned about an illness should contact a physician.

FDA CONFIRMS PEANUT CORP OF AMERICA AS SOURCE OF SALMONELLA

2009-01-21T12:32:00.002-07:00

FDA Confirms Peanut Corp As Source Of Salmonella

Federal health officials said Wednesday that they have confirmed the source of a salmonella outbreak that has sickened almost 500 people as Peanut Corp. of America.

Peanut Corp., based in Lynchburg, Va., produced peanut butter mostly distributed to nursing homes and schools as well as peanut paste used in dozens of products sold directly to consumers in retail stores. Last week the company recalled peanut butter and peanut paste made at its Blakely, Ga., facility after July 1.

The Food and Drug Administration said that in addition to products made by Peanut Corp., more than 125 recalls of crackers, cookies, ice cream and even some pet food have been announced the past few days. Earlier Wednesday, PetSmart Inc. (PETM) recalled seven types of Grreat Choice Dog Biscuits.

The Centers for Disease Control and Prevention said that 486 people in 43 states and Canada have been sickened by a specific strain of salmonella known as Typhimurium, which has contributed to six deaths.

SANS PEANUT BUTTER ROUND TWO

2009-01-21T11:12:00.003-07:00

The Peanut Butter Product Recall List Grows

FDA: Don't Eat Products Containing Peanut Butter or Peanut Paste That Might Be Tied to Salmonella Outbreak

From WebMD Health News Jan. 20, 2009 -- The list of recalled products containing peanut butter continues to grow in the wake of the salmonella outbreak that has sickened at least 475 people in 43 states and Canada.

The outbreak strain of Salmonella typhimurium may have contributed to six deaths, according to the CDC.

Yesterday, the FDA confirmed that the source of the outbreak is peanut butter and peanut paste made by the Peanut Corporation of America (PCA) at its Blakely, Ga., processing plant.

PCA's products aren't sold to grocery stores. PCA only sells peanut butter to institutions and food manufacturers. Some food makers use PCA's peanut butter or peanut paste to make products including crackers, cookies, cakes, cereal, candy, and ice cream.

Many products containing PCA's peanut butter or peanut paste have been recalled. The lengthy list includes, but is not limited to, the following companies:

General Mills: Lara Bar Peanut Butter Cookie flavor snack bars and Jam Frakas Peanut Butter Blisscrisp flavor snack bars
Clif Bar & Company: Clif Bar Chocolate Chip Peanut Crunch, Clif Bar Crunchy Peanut Butter, Clif Bar Peanut Toffee Buzz, ZBaR Peanut Butter, Clif Builders Peanut Butter, Luna Nutz over Chocolate, Luna Peanut Butter Cookie, and all Clif Mojo Bars
Kroger: Private Selection Peanut Butter Passion Ice Cream sold at City Market, Fred Meyer, Fry's, King Soopers, QFC, and Smith's stores.
Kellogg Company: Certain Austin and Keebler brand peanut butter sandwich crackers, select snack-size packs of Famous Amos Peanut Butter Cookies, and Keebler Soft Batch Homestyle Peanut Butter Cookies.
The FDA's web site has a list of recalls related to the salmonella outbreak.

So for now, the FDA advises consumers not to eat commercially prepared products containing peanut butter or peanut paste, or peanut butter served at institutions, unless they're sure that those products don't contain PCA peanut butter or peanut paste.

The FDA reminds consumers to throw out recalled products in a manner that prevents others from eating those items, and to see a health care provider if you think you got sick from eating peanut butter. But if I were you, I'd save the UPC code or take a picture of the product in case you get sick from it.

Time To Revisit COOL Or Is It Too Hot?

2008-06-10T18:23:00.007-06:00

First adopted on the Senate floor in late 2001, mandatory Country of Origin labeling (COOL) was to be in place on September 30, 2004, but language in the FY2004 consolidated appropriations act (P.L. 108-199) delayed implementation for meats, produce and peanuts, but not seafood, for two years, until September 30, 2006. Debate over COOL carried into the 109th Congress, which (in USDA’s FY2006 appropriation, P.L. 109-97) postponed implementation for an additional two years — until September 30, 2008 (a provision in H.R. 2744). Other measures in the 109th Congress would have made COOL voluntary for meats (including H.R. 2068, S.1300, and S. 1333). Still others (e.g., S. 135, S. 1331) would have expanded COOL requirements and/or accelerated its current implementation date.

The contrasting intents of these bills reflected the continuing divergence of opinion among lawmakers over whether a federally-mandated labeling program is needed. Some contend that mandatory COOL will provide U.S. products with a competitive advantage over foreign products because U.S. consumers, if offered a clear choice, prefer fresh foods of domestic origin, thereby strengthening demand and prices for them. Moreover, proponents argue that U.S. consumers have a right to know the origin of their food, particularly at a time when U.S. food imports are increasing, and whenever particular health and safety problems arise. Supporters of the COOL law argue that it is unfair to exempt meats and produce from the longstanding country labeling already required of almost all other imported consumer products, from automobiles to most other foods. They also note that many foreign countries already impose their own country-of-origin labeling.

Opponents of mandatory COOL counter that studies do not provide evidence that consumers want such labeling. They believe COOL is a thinly disguised trade barrier intended to increase importers’ costs and to foster the unfounded perception that imports may be inherently less safe (or of lower quality) than U.S. products. Food safety problems can as likely originate in domestic supplies as in imports, as evidenced by the more than 30 recalls of U.S. meat and poultry products announced by USDA in 2006 alone, these opponents point out. Opponents argue that all food imports already must meet equivalent U.S. safety standards, which are enforced by U.S. officials at the border and overseas; scientific principles, not geography, must be the arbiter of safety. Industry implementation and record-keeping costs, estimated by USDA to be as high as $3.9 billion in the first year and $458 million per year after that, would far outweigh any economic benefits, critics add. (COOL proponents assert that these cost estimates were grossly exaggerated while some in industry claim they were too low).

In the all becoming too common current food illness crises, one should ask where are these tomatoes coming from? Why does it take so long for the FDA to figure out where they are coming from? Are there funds available? Wouldn't a quicker response to the origin of the crop save lives? Clearly, a label would help this process. In the meantime, farmers with good, clean crops suffer irreparable financial damage. Congress is now on year seven of this debate. I suspect BLT is off the menu at the congressional cafeteria.

More Tomato Info

2008-06-10T18:11:00.003-06:00

The Food and Drug Administration is alerting consumers nationwide that a salmonellosis outbreak appears to be linked to consumption of certain types of raw red tomatoes and products containing raw red tomatoes. The bacteria causing the illnesses are Salmonella serotype Saintpaul, an uncommon type of Salmonella.

The specific type and source of tomatoes are under investigation. However, preliminary data suggest that raw red plum, raw red Roma, or raw round red tomatoes are the cause. At this time, consumers should limit their tomato consumption to tomatoes that have not been implicated in the outbreak. These include cherry tomatoes, grape tomatoes, tomatoes sold with the vine still attached, and tomatoes grown at home.

Update on the Outbreak

June 10, 2008: The Food and Drug Administration has expanded its warning to consumers nationwide that a salmonellosis outbreak has been linked to consumption of certain raw, red tomatoes.

At this time, FDA is advising consumers to limit their consumption of tomatoes to the following types of tomatoes. The following types of tomatoes listed below are NOT likely to be the source of this outbreak.

* cherry tomatoes
* grape tomatoes
* tomatoes sold with the vine still attached
* tomatoes grown at home

Also, FDA recommends consuming raw red plum, raw red Roma, or raw red round tomatoes only if grown and harvested from the following areas that HAVE NOT BEEN ASSOCIATED WITH THE OUTBREAK:

Alabama
Arkansas
California
Georgia
Hawaii
Louisiana
Maine
Maryland
Minnesota
Mississippi
New York
Nebraska
North Carolina
Ohio
Pennsylvania
South Carolina
Tennessee
Texas
West Virginia

Belgium
Canada
Dominican Republic
Guatemala
Israel
Netherlands
Puerto Rico

Consumers who are unsure of where the tomatoes are from that they have in their home are encouraged to contact the store or place of purchase for that information.

Consumers should also be aware that raw tomatoes are often used in the preparation of fresh salsa, guacamole, and pico de gallo, are part of fillings for tortillas, and are used in other dishes.

Restaurants, grocery stores, and food service operators have been advised by the FDA not to offer for sale or service raw red plum, Roma, or red tomatoes and products made from these types of tomatoes unless they are from one of the areas listed above.

Since mid April, there have been 167 reported cases of salmonellosis nationwide caused by Salmonella Saintpaul, an uncommon form of Salmonella. At least 23 hospitalizations have been reported.

Tomatoes in Utah Eyed In Salmonella Outbreak

2008-06-03T22:39:00.002-06:00

An outbreak of salmonella food poisoning first linked to uncooked tomatoes has now been reported in nine states, including Utah, U.S. health officials said Tuesday.

Lab tests have confirmed 40 illnesses in Texas and New Mexico as the same type of salmonella, right down to the genetic fingerprint. An investigation by Texas and New Mexico health authorities and the Indian Health Service tied those cases to uncooked, raw, large tomatoes.

Authorities have not yet determined a specific type of tomato for the outbreak, nor have they linked the outbreak to any specific farm, distributor or grocery chain.

At least 17 people in Texas and New Mexico have been hospitalized. None have died, according to the U.S. Centers for Disease Control and Prevention.

Another 30 people have become sick with the same Salmonella Saintpaul infection in Arizona, Utah, Colorado, Kansas, Idaho, Illinois and Indiana. CDC investigators are looking into whether tomatoes were culprits there, too.

In Texas and New Mexico, raw large tomatoes — including Roma and red round tomatoes — were found to be a common factor in the 40 illnesses. But no farm, distributor or grocery chain has been identified as the main source, said Casey Barton Behravesh, a CDC epidemiologist working on the investigation.

"The specific type and source of tomatoes is under investigation," she said.

Salmonella is a bacterial infection that lives in the intestinal tracts of humans and other animals. The bacteria are usually transmitted to humans by eating foods contaminated with animal feces.

Most infected people suffer fever, diarrhea and abdominal cramps starting 12 to 72 hours after infection. The illness tends to last four to seven days.

Many people recover without treatment. However, severe infection and even death is possible. Infants, the elderly and people with weakened immune systems are at greatest risk for severe infections.

In Texas and New Mexico, the patients ranged in age from ages 3 to 82. Of the 40, 38 were interviewed. Most said they ate raw tomatoes from either stores or restaurants before becoming ill between April 23 and May 27.

Another 17 cases are under investigation in New Mexico, CDC officials said.

USDA OFFERS FOOD SAFETY TIPS FOR A SUCCESSFUL SUMMER GRILLING SEASON

2008-05-19T09:05:00.004-06:00

The days are getting longer, the weather is getting warmer and Memorial Day is fast approaching – all signs that the summer grilling season is nearly upon us. As you make plans to kick off the summer grilling season at your Memorial Day barbecue this year, USDA reminds you that safe food handling skills are the key to making your cookout a big hit with your guests.

“When you’re enjoying a cookout with friends and family, the last thing you want to do is make them sick,” said Under Secretary for Food Safety Dr. Richard Raymond. “Before you even fire up the grill, you need to be aware of safe grilling and food preparation practices that will make sure your guests enjoy a tasty and safe meal.”

Whether you’re hosting a neighborhood barbecue or cooking for a few friends and family members, the USDA’s Meat and Poultry Hotline offers four easy steps to help you Be Food Safe and reduce the threat of foodborne illness:
Clean: First things first – make sure you start with clean surfaces and clean hands. Be sure that you and your guests wash your hands before preparing or handling food. Hands should be washed with soap and warm water for 20 seconds before and after handling food. Equally important are the surfaces that come in contact with raw and cooked foods – make sure they are clean before you start and are washed frequently.

Separate: Raw meats and poultry should be prepared separately from veggies and cooked foods. When you chop meats and veggies, be sure to use separate cutting boards. Juices from raw meats can contain harmful bacteria that could cross-contaminate raw veggies and already cooked foods.

Cook: Masters of the grill are no match for foodborne illness, so it’s important to have all the right tools. Your food thermometer is the most important tool that will tell you if your food is thoroughly cooked, as color is not a reliable indicator of doneness.

Meat and poultry cooked on a grill often brown quickly and may appear done on the outside, but still may not have reached a safe minimum internal temperature to kill any harmful bacteria. Steaks, roasts and chops should be cooked to 145 °F. Hamburgers should reach 160 °F. All poultry should reach a minimum of 165 °F. Fish should be cooked to 145 °F. Fully cooked meats like hot dogs should be grilled to 165 °F or until steaming hot.

As you take the cooked meats off the grill, be sure to place them on a clean plate or platter, NOT on the unwashed dish that held them when they were raw. The juices left on the plate from the raw meats can cross-contaminate cooked foods.

If you prefer to prepare meats using a smoker, the temperature in the smoker should be maintained between
225 °F and 300 °F for safety. Be sure to use your food thermometer to be certain the food has reached a safe minimum internal temperature.

Chill: Keeping food at a safe temperature is always a major concern at picnics and cookouts. Too often, food is prepared and left to sit out while guests munch over the course of several hours. However, bacteria can start to grow on perishable food that has been sitting out too long.

It’s important to keep hot food hot and cold food cold. Hot food can be kept safe at 140 °F or above in chafing dishes, slow cookers or warming trays, and cold food can be kept chilled at 40 °F or below with ice packs or ice sources underneath.

Perishable food should never sit out for more than two hours. And if the temperature is above 90 °F – which can be common at summer picnics – perishable foods shouldn't sit out more than one hour. Refrigerate or freeze leftovers promptly and discard any food that has sat out too long.

One of the best resources available before you plan a summer cookout is USDA’s virtual representative, “Ask Karen,” a feature that allows you to ask food safety-related questions 24 hours a day. Visit “Ask Karen” at AskKaren.gov. Food safety coaches are available by phone at the USDA’s Meat and Poultry Hotline at 1-888-MPHotline (1-888-674-6854). Recorded messages are available 24 hours a day and the Hotline is staffed with food safety experts, Monday through Friday from 10 a.m. to 4 p.m. Eastern Time.

Wendy's Needs to Jump

2008-05-06T13:09:00.005-06:00

Writing occurs when it's ready. I went rather spontaneously to Zion National Park in Southern Utah last weekend to get away from the mundane. Zion Park is magical as is the small town at its entrance, Springdale. With a bit of hiking and effort you find yourself in the middle of beautiful nowhere. Sure, you will pass the varied Europeans along the way (first French, then German, then English) but eventually you will find yourself with just the elements, wind, water and earth. Standing within the great expanse and vista you find inner peace, balance and perspective. Every step takes you closer to the openness you are searching for. People, places, senses, become more acute and take on a more magical meaning.

Fast forward two days to May 6, 2008. We sued Wendys--again--in Federal Court in Salt Lake City. We have in good faith attempted the last several months to resolve two tragic cases of E.coli poisoning without litigation. We've been to mediation twice with no resolution on these two cases.

As you might recall, from my earlier blog and outside news reports, in the summer of 2006, public health officials in Weber County, Utah, became aware of several people who attended a teachers’ conference luncheon that had contracted E. coli O121:H19. The case for all purposes is a slam dunk. So why would Wendys choose to drag this out you may ask? They have the money to settle. They have individuals within it's organization that mean well. They have insurance. They have suppliers who have insurance. So why so long? In the long run, whether everyone involved pays x or x plus three won't amount to anything as far as they are concerned. They can sell more, make more, choose more, have more, create more, more, more, more, more. It's an institution with deep roots that spread. Unfortunately, institutions don't make decisions, people do. One person. Once that person makes up his mind, it will be over. Literally. Maybe not immediately, but it will be the domino that starts the process. Here's the formula, it's rather simple: Have the thought, say it, take the action and don't look back. Jump into the flow of the river that is carving a beautiful landscape. It's easier, smoother and you might just enjoy the ride of what you are creating. Our clients would appreciate it as well.

It's Spring in Salt Lake City

2008-03-25T11:40:00.002-06:00

It's amazing that 14 year old girls innately know when it's Spring.

Washington Never Went to Yellowstone

2008-03-24T23:58:00.005-06:00

Grey wolves were re-introduced in the greater Yellowstone area in a controversial but very successful program in 1995. They were apparently absent there for almost 70 years, although I've talked to a few old-timers in the area that claim that they were never really all gone. I'm not sure I believe them, but it made for a good story especially around the campfire late at night. The animals that were placed in Yellowstone came from Canada and have done remarkably well, reproducing at a rapid rate. I have now seen a wolf pack in Yellowstone as it has stalked its prey. I watched from just outside my car. The prey appeared to be an elk. At least that's how I remember it. I mean it's not like there was sniper fire in the area or something that made me so damned nervous that I can't remember that there were a few wolves in the area that were taking down an elk. Oh, and I don't think I was wearing a flack jacket either. Nor did I run to my vehicle due to possible incoming. I remember my kids were waiting for me in the car as I snapped off a few photos. I can't remember if they were reading poetry or not.

After reading American Creation and Founding Brothers by Joseph J. Ellis, I find it interesting that our Founding Fathers never campaigned for the presidency. They were asked by a few close associates and then voted on by the electoral college. They usually told their friends no a few times before they warmed up to the idea. Washington, Jefferson, and even Lincoln to a great degree, never sought to become President. They would have viewed that as a character flaw. They served the people for a season and then expected to retire to a private life.

Washington actually had a great reluctance to come again into public life after the war. In a letter to the Marquis de la Fayette, regarding the desire for many that he, Washington, become President, Washington observed:

"Your sentiments indeed coincide much more nearly with those of my other friends, that with my own feelings. In truth, my difficulties increase and magnify as I draw towards the period, when, according to the common belief, it will be necessary for me to give a definitive answer in one way or other. Should circumstances render it in a manner inevitably necessary to be in the affirmative, be assured, my dear sir, I shall assume the task with the most unfeigned reluctance, and with a real diffidence, for which I shall probably receive no credit from the world. If I know my own heart, nothing short of a conviction of duty, will induce me again to take an active part in public affairs. And in that case, if I can form a plan for my own conduct, my endeavours shall be unremittingly exerted, (even at the hazard of former fame or present popularity,) to extricate my country from the embarrassments in which it is entangled through want of credit, and to establish a general system of policy, which, if pursued, will ensure permanent felicity to the commonwealth. I think I see a path as clear and as direct as a ray of light, which leads to the attainment of that object. Nothing but harmony, honesty, industry, and frugality, are necessary to make us a great and a happy people. Happily the present posture of affairs and the prevailing disposition of my countrymen, promise to co-operate in establishing those four great and essential pillars of public felicity."

What is it today that someone would actually want to be President so bad that they would embellish their past or have to campaign for two years before they take office? Washington saw his men starve to death at Valley Forge. He saw the blood stained snow as they marched to the Delaware River during Christmas to cross during a blizzard. He road his horse over snake-like trenches and saw the blown-off body parts of his young soldiers as they literally dug their way towards freedom in the trenches at Yorktown-- much to his aides dismay as they took incoming. He turned the tide of retreat several times and rallied his nearly naked men toward the battle. He was prepared for the presidency. He didn't have to beg for it or talk about it. His reputation and honor didn't need embellishment.

If you ever walk deep into the wilderness and have the opportunity to hear the wolves cry, stop and listen. I hope for a moment you feel your heart beat faster. I also hope that no one is around to film it so it doesn't show up a few months later on Youtube.

Salmonella Risk with Cantaloupes

2008-03-22T13:32:00.006-06:00

The FDA has just sent out a warning about a Salmonella Outbreak in the U.S. involving cantaloupes grown in Honduras. The States involved include Utah. Although we have our own set of problems with our food supply in our own country, we need to question whether our food grown outside of the United States meets the standards we expect and what controls are in place to protect our food supply. Here is the body of the FDA warning:

FOR IMMEDIATE RELEASE
March 22, 2008

FDA Warns of Salmonella Risk with Cantaloupes from Agropecuaria Montelibano
The agency detains products from the Honduran manufacturer

The U.S. Food and Drug Administration has issued an import alert regarding entry of cantaloupe from Agropecuaria Montelibano, a Honduran grower and packer, because, based on current information, fruit from this company appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada. The import alert advises FDA field offices that all cantaloupes shipped to the United States by this company are to be detained.

In addition, the FDA has contacted importers about this action and is advising U.S. grocers, food service operators, and produce processors to remove from their stock any cantaloupes from this company. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes.

To date, the FDA has received reports of 50 illnesses in 16 states and nine illnesses in Canada linked to the consumption of cantaloupes. No deaths have been reported; however, 14 people have been hospitalized. The states are Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin.

The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners. Such intervention is a key component of FDA’s Food Protection Plan.

Symptoms of foodborne Salmonella infection include nausea, vomiting, fever, diarrhea, and abdominal cramps. In persons with poor health or weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their health care professional.

The FDA recommends that consumers take the following steps to reduce the risk of contracting Salmonella or other foodborne illnesses from cantaloupes:

* Purchase cantaloupes that are not bruised or damaged. If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.

* After purchase, refrigerate cantaloupes promptly.

* Wash hands with hot, soapy water before and after handling fresh cantaloupes.

* Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.

* Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood and the preparation of cantaloupe.

* If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.

* Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.

* Use a cooler with ice or use ice gel packs when transporting or storing cantaloupes outdoors.

Ongoing Conversation on Top of the Rug

2008-03-19T09:45:00.009-06:00

I've been out of the office the last few days mostly involved in E. coli cases in state and federal court. While I was out, U.S. Presidential Candidate, Barack Obama, held a press conference that was precipitated by some of the controversial comments his former minister had said regarding race in the United States. This controversy is not new. It's been around since recorded time began.

In the United States, when the founding fathers created a constitution of limited government, arguably the two greatest failures of those founding fathers was the fact they failed to do anything about slavery and the native peoples. It wasn't that it wasn't discussed, it's just that some of the founders thought both topics too hot to do anything about less they fail to form a union over the ongoing controversy. Those topics were left to be debated another day. Along the way, there were other opportunities. Washington (Henry Knox, tried wonderfully but unsuccessfully under Washington to help the Native peoples), Jefferson and presidents till Lincoln all had chances to act, but in one way or another, left the debate to be settled in the future. We eventually erased most of native peoples by the sheer growth of a westward moving population and confronted the slavery issue with a bloody civil war. The effects of slavery did not end with the emancipation proclamation. They continued well into the civil rights movement of the latter half of the 20th century. That discussion is still ongoing. Whether people wish to recognize and join that conversation is another issue.

Today we have a candidate that is half black and half white. He embodies the ongoing argument of race. He may be the Lincoln of our time. History will tell us later if he is elected. Opportunities for change don't always present themselves neatly. It is often quoted that the right answer at the wrong time is still the wrong answer. But it is equally possible that ongoing dialogue about difficult subjects may be the best pressure valve to effect change in a positive direction so that issues of race, crime, poverty, health care, global climate change, war, peace, and pursuit of happiness don't erupt into a wider more entrenched conflict. Let the conversation continue.

Mediation and Walden Pond

2008-03-10T09:28:00.006-06:00

I spent Thursday and Friday mediating E. coli cases involving Wendys and its supplier. About 35 attorneys, company representatives and 6 layers of insurance showed up in a confined area in Federal Court for the District of Utah. We settled three of the cases and still have two remaining. For our clients that are irreparably injured, it is by far the worst thing they have ever endured. For the insurance companies, producers and retailers of the tainted product, it seems to be more of a business decision. However, I did see in the face of one senior executive real concern for our clients. He appears to have what I call humanity.

Henry David Thoreau was a 27-year-old former schoolteacher when he went to live at Walden Pond in the summer of 1845. His friend Ralph Waldo Emerson, who had recently purchased 14 wooded acres of on the northwestern shore of Walden Pond, agreed to let the young writer conduct his "experiment in simplicity" there. Henry built a small cabin next to the large pond and spent a couple of years thinking about what was important. He sought balance. I suspect he took many deep breaths and listened to the silence.

Being in a place where there are over 35 lawyers trying to make a good decision is not a Walden experience. It is however, a necessary step to help seriously injured people. I suspect Thoreau spent a few stormy nights in his small one-room cabin. It allowed him to appreciate the open expanse of thought and the promise of renewal. Although I am disappointed not all of our cases settled, I am hopeful that as the main decision makers have now had time to step outside the small spaces that they occupied last week, they now have an opportunity to find perspective and return with a new expanse of thought to settle the storm that has occurred in the lives of our clients.

Aunt Jemina?

2008-03-05T10:23:00.002-07:00

Limited Number of Aunt Jemima Pancake & Waffle Mix Products Recalled for Possible Health Risk. These products are sold in Utah.

FOR IMMEDIATE RELEASE -- March 4, 2008 – The Quaker Oats Co. announced the products in the recall are a small quantity of Aunt Jemima Pancake & Waffle Mix: Original, Original Complete and Buttermilk Complete, which may have potential salmonella contamination. No other Aunt Jemima, frozen Aunt Jemima or Quaker products are affected.

The products, sold in 2 pound and 5 pound boxes with Best Before dates of FEB 08 09 H through FEB 16 09 H stamped on the top, contain the following UPC codes:

30000 43272: Aunt Jemima Buttermilk Complete, 5 lb.
30000 05040: Aunt Jemima Original, 2 lb.
30000 05070: Aunt Jemima Original Complete, 2 lb.
30000 05300: Aunt Jemima Buttermilk Complete, 2 lb.
Salmonella is a food borne illness that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with salmonella often experience fever, diarrhea, nausea, vomiting and abdominal pain.

No illnesses have been reported in connection with this issue to date. There is very low risk of illness when preparation directions on box are followed and product is not consumed raw or undercooked. Salmonella bacteria is killed at a temperature of 160° F.

If consumers have this product with the indicated UPC codes and Best Before dates, they should return it to the place of purchase for a full refund. Consumers with questions may contact the company by calling the toll-free hotline at 1-800-407-2247 or by logging onto www.auntjemima.com.

Quaker is in the process of recovering the product involved. Quaker knows specifically to which customer warehouses the product was shipped. Approximately 98% of the product is within Quaker's control. The 2% of product which is outside of Quaker's control was shipped to a limited number of retail and mass merchandiser stores (no direct distribution to West Coast). Of that small quantity, the vast majority likely has not been placed on store shelves. Product was shipped to 17 states including Texas, Georgia, Alabama, South Carolina, North Carolina, Illinois, Florida, Missouri, Minnesota, Colorado, Wisconsin, Ohio, New York, New Mexico, Kansas and Utah.

What Stays in Vegas May Not Stay in Vegas-More on the Hepatitis C Outbreak

2008-03-04T22:20:00.005-07:00

Now there is a report that the hepatitis C outbreak in Las Vegas may just be the proverbial "tip of the iceberg." So the question remains. What were they thinking? Trying to save a buck at the expense of public safety? Here's the latest from AP:

Clinic Hepatitis Case May Not Be Unique
By ERICA WERNER,
AP
Posted: 2008-03-04 12:04:44

WASHINGTON (March 3) - An outbreak of hepatitis C at a clinic in the Western state of Nevada might represent "the tip of an iceberg" of safety problems at clinics around the country, says the head of the Centers for Disease Control and Prevention.
The city of Las Vegas shut down the Endoscopy Center of Southern Nevada last Friday after state health officials determined that six patients had contracted hepatitis C because of unsafe practices including clinic staff reusing syringes and vials. Nevada health officials are trying to contact about 40,000 patients who received anesthesia by injection at the clinic between March 2004 and Jan. 11 to urge them to be tested for hepatitis C, hepatitis B and HIV.

In Washington, Senate Majority Leader Harry Reid, met Monday with CDC director Dr. Julie Gerberding, and the Democratic leader shared a media conference call with her after their meeting. Both strongly condemned practices at the clinic.

Health care accreditors "would consider this a patient safety error that falls into the category of a `never event,' meaning this should never happen in contemporary health care organizations," said Gerberding.

"This is the largest number of patients that have ever been contacted for a blood exposure in a health care setting. But unfortunately we have seen other large-scale situations where similar practices have led to patient exposures," Gerberding said.

"Our concern is that this could represent the tip of an iceberg, and we need to be much more aggressive about alerting clinicians about how improper this practice is," she said. At the same time, she said, inspectors also should continue "to invest in our ability to detect these needles in a haystack at the state level, so we recognize when there has been a bad practice and patients can be alerted and tested."

Reid said he would work with Gerberding to try to get the CDC more resources in an emergency spending bill Congress is to take up in April.

State health officials said they were unsure how many of the 40,000 patients they had been able to contact since making the risk public last Wednesday. At least initially they did not have correct addresses for 1,400, officials said.

The clinic's head, Dr. Dipak Desai, bought space in the newspaper the Las Vegas Review-Journal on Sunday in which he expressed "my deepest sympathy to all our patients and their families for the fear and uncertainty that naturally arises from this situation."

Desai offered no apology but said a foundation was being set up to cover testing costs. He also defended practices at his clinic, which performs colonoscopies.

"The evidence does not support that syringes or needles were ever reused from patient to patient at the center," Desai wrote.

A spokeswoman, Nancy Katz, declined Monday to comment further.

The Clark County district attorney is investigating, as are various health agencies, including the Nevada State Board of Nursing. Several lawsuits already have been filed and a hearing is scheduled Thursday before a Nevada legislative committee.

It may never be known how many people contracted hepatitis C because of unsafe practices at the endoscopy center, state health officials said. Brian Labus, head epidemiologist of the Southern Nevada Health District, said that because 4 percent of the population has hepatitis C, he expects to get numerous positive results after the at-risk clinic patients are tested and it may be impossible to determine which of those were infected at the clinic.

Of the six cases that health officials traced to the clinic, five happened on the same day and genetic testing was used to make the connection, Labus said.

Hepatitis C can cause fatal liver disease as well jaundice and fatigue, but 80 percent of people infected show no symptoms. Hepatitis B is a more rare and serious disease that attacks the liver.

Costco Recall of Frozen Chicken Entrees in Utah, Alaska, Idaho, Montana, Oregon and Washington.

2008-03-03T20:21:00.005-07:00

Costco today recalled frozen chicken entrées due to possible Listeria contamination
According to the USDA the health risk is high.
Costco is voluntarily recalling approximately 10,368 pounds of frozen chicken Entrées that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following product is subject to recall:
* Four-pack of 12-ounce packages of "Discover Cuisine Red Curry Chicken & Jasmine Rice." Each package bears the Canadian establishment number "Est. 302" inside the Canadian Food Inspection Agency mark of inspection as well as a "Best By" date of "12 18 08." The item number "2880" also appears by the UPC code on the package.
The frozen chicken entrees were produced on Oct. 18, 2007, and were sent to retail establishments in Alaska, Idaho, Montana, Oregon, Utah and Washington.

The problem was discovered through food safety inspections by microbiological sampling. There are currently no reports of illnesses associated with consumption of this product.

Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease. Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea. Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy.

Media with questions about the recall should contact Inovata Foods Chief Operating Officer Bob McColl, at (780) 454-8665. Consumers with questions about the recall should contact the Costco Call Center at (800) 774-2678.

Consumers with food safety questions can "Ask Karen," the FSIS virtual representative available 24 hours a day at AskKaren.gov. The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day.

Recommendations For People At Risk For Listeriosis

Wash hands with warm, soapy water before and after handling raw meat and poultry for at least 20 seconds. Wash cutting boards, dishes and utensils with hot, soapy water. Immediately clean spills.

Keep raw meat, fish and poultry away from other food that will not be cooked. Use separate cutting boards for raw meat, poultry and egg products and cooked foods.

Do not eat hot dogs, luncheon meats, bologna or other deli meats unless reheated until steaming hot.

Do not eat refrigerated pâté, meat spreads from a meat counter or smoked seafood found in the refrigerated section of the store. Foods that don't need refrigeration, like canned tuna and canned salmon, are safe to eat. Refrigerate after opening.

Do not drink raw (unpasteurized) milk and do not eat foods that have unpasteurized milk in them.

Do not eat salads made in the store such as ham salad, chicken salad, egg salad, tuna salad or seafood salad.

Do not eat soft cheeses such as Feta, queso blanco, queso fresco, Brie, Camembert cheeses, blue-veined cheeses and Panela unless it is labeled as made with pasteurized milk.

Use precooked or ready-to-eat food as soon as you can. Listeria can grow in the refrigerator. The refrigerator should be 40 °F or lower and the freezer 0 °F or lower. Use an appliance thermometer to check the temperature of your refrigerator.

HEPATITIS C OUTBREAK IN VEGAS AFFECTING 40,000--OUT OF NEGLIGENT PRACTICES

2008-02-28T20:34:00.007-07:00

So today we learn that there is a Hepatitis C outbreak that has been caused by the Endoscopy Center of Nevada, putting 40,000 at risk. If you have ever met someone with a severe case of hepatitis C, you know that what they are going through is literally a fight for their life. At times they are walking dead. Hepatitis C damages the liver. It is important to know that 80% of people with the disease do not have symptoms. In those who do, symptoms may not appear for 10-20 years, or even longer. Even then, the symptoms usually come and go and are mild and vague. Unfortunately, by the time symptoms appear, the damage may be very serious. What went wrong in Vegas will not stay in Vegas. Look for major legal fallout.

* A minority of people have symptoms during the early acute phase of the infection. These symptoms typically develop 5-12 weeks after exposure to HCV. Some people describe the symptoms as being flulike. The symptoms may last a few weeks or months.

o Nausea
o Vomiting
o Diarrhea
o Loss of appetite
o Fatigue
o Pain over the liver (on the right side of the abdomen, just under the rib cage)
o Jaundice - A condition in which the skin and the whites of the eyes turn yellow
o Dark-colored urine (may look like cola or tea)
o Stools become pale in color (grayish or clay colored)

* Prolonged nausea and vomiting can cause dehydration. If you have been vomiting repeatedly, you may notice the following symptoms:

o Fatigue or weakness
o Confusion or difficulty concentrating
o Headache
o Not urinating
o Irritability

* Chronic hepatitis C can lead to cirrhosis of the liver in many people, a condition traditionally associated with alcoholism. Cirrhosis is a condition in which healthy liver tissue is replaced by fibrous tissue, followed by scarlike hardening. As this happens, the liver gradually begins to fail, or lose its ability to carry out its normal functions. Eventually, symptoms develop. Symptoms of cirrhosis include the following:

o Fluid retention causing swelling of the belly (ascites), legs, or whole body
o Persistent jaundice
o Fatigue
o Disturbances in sleeping
o Itchy skin
o Loss of appetite, weight loss, wasting
o Vomiting with blood in the vomit
o Mental disturbances such as confusion, lethargy, extreme sleepiness, or hallucinations (hepatic encephalopathy)

THE LAS VEGAS SUN REPORTS THE STORY HERE:

Endoscopy Center of Southern Nevada doctors Sanjay Nayyar, left, and Clifford Carrol flank fellow doctor Eladio Carrera as he reads a statement during a news conference at the health district Wednesday, February 27, 2008. The Southern Nevada Health District is notifying about 40,000 former patients of the Endoscopy Center of Southern Nevada that they may have been exposed to hepatitis C.

Southern Nevada Health District officials announced today they have identified six cases of hepatitis C, five of which stemmed from procedures occurring on the same day that involved anesthesia at the Endoscopy Center of Nevada.

Following a joint investigation with the Nevada State Bureau of Licensure and Certification (BLC) and with consultation from the Centers for Disease Control and Prevention, the health district determined that unsafe injection practices related to the administration of anesthesia medication might have exposed patients to the blood of other patients.

The health district is recommending 40,000 patients who had procedures requiring injected anesthesia at the clinic between March 2004 and January 11, 2008, contact their primary care physicians or health care providers to get tested for hepatitis C as well as hepatitis B and HIV.

And here is the company’s response:

On behalf of the Endoscopy Center of Southern Nevada, we want to express our deep concern about this incident to the many patients who have put their trust in us over the years. As always, our patients remain our primary responsibility and we have already corrected the situation.

The recent events related to the Southern Nevada Health District study mark the first time anything like this has ever happened at our facility. We have already taken steps to ensure that it will never happen again.

The health district began its investigation in January, and we have been fully cooperating with them. We were officially notified by the health district on February 6, 2008 and submitted our detailed Plan of Correction on February 15, 2008. All concerns noted by the health department were addressed immediately. We continue to work closely with the Southern Nevada Health District and other health agencies during this ongoing review. We want to be sure that every patient who may have been exposed is informed and tested.

To help us with these issues, we have engaged the services of nationally renowned experts who have extensive epidemiological experience and that have worked closely with the Centers for Disease Control in the past. They include Dr. Janine Jason, CEO of Jason and Jarvis Associates. She is a Harvard Medical School-trained physician, epidemiologist, and immunologist who served as a medical scientist and senior epidemiologist at the Centers for Disease Control and Prevention and was on the Emory Medical School faculty for 23 years prior to becoming a private consultant. Dr. Jason has authored more than a hundred peer-reviewed medical and epidemiologic scientific articles.

In addition to our corrective actions, we are on a mission to maintain the trust our patients have had in us during our years of service to southern Nevada.

We wish to emphasize that the actual risk of anyone being affected by this is extremely low, but as a precaution, anyone who has undergone procedures at the Endoscopy Center who required anesthesia should be tested.

As I’m sure you understand this situation brings with it a number of complex elements including patient privacy and regulatory guidelines. At this time, our counsel has asked that we limit our comments to this statement, and we are unable to take questions.

Thank you.

CORRECTION: Earlier this blog said “Health officials say that practitioners were routinely using the same syringe on more than one patient, which is widely known to pass on infection.” Actually, the same syringe was not being used on multiple patients. But single dose vials of medication, which had become infected through their initial use, were being used again. Health officials say this is widely known to pass infection.

More Lantern, Less Bus in the Ditch

2008-02-26T16:19:00.006-07:00

History in the United States is short and still moving outward. It is still being written as it expands. I knew a couple of my Great Grandmothers growing up. They were born in the late 1800's. Their parents were alive when Lincoln was President. My Great, Great, Grandfather was alive during the War of 1812. His father saw the birth of our nation.

One of my favorite places to visit is Boston. Not only is it where my oldest daughter Laura lives and attends college, it is where you can walk into living spaces that played and still play out a roll in the founding of our country. Take Christ's Church, better known as the Old North Church, for instance. This is where a young twenty-three year-old Episcopal Sexton, named, Robert Newman, had been directed by Paul Revere and the Sons of Liberty, to climb the tall steeple where he briefly hung two burning lanterns, signaling the direction independence would take. It was by water. Newman climbed a narrow dark stairwell to reach the top. Liberty demands as such. Once the two lanterns were lit, his friends across the Charles River in Lexington and Concord, readied themselves as they knew the British regulars were coming by boat as opposed to marching by land.

It may be an over simplification, but as I understand it, an argument had arisen between the Crown and its colonial subjects over who would represent the voice of the people. Would it be a distant Parliament separated by an ocean or left to the various individual legislatures found in the colonies at that time? The Crown took a hard position because it was powerful and felt it was the best parent for a rebellious child. In fact, Great Britain was the most powerful country at that time. There would be no negotiation. Ben Franklin was sent to England over a period of several years to work a compromise on behalf of the various individual colonies to try to keep the Empire together. After hitting his head against a wall, even he, perhaps one of the greatest minds of the last 400 years, saw the futility of trying to work a solution with the deaf Crown.

What ultimately happened was a revolt. But not in the sense of what has been or would become a revolution as we have seen in other parts of the world. No, it was a revolution of a very slow burn--one, that some would argue, still continues today. Slow was its genius. It gave time for the people to awaken and be touched by the light of liberty that was burning. It gave time to lighten the darkness. This slow paced revolution continues in our founding document the Constitution. It has the component of Federalism, reserving certain rights to the states. The boundaries are meant to be discussed and constantly shift. It is not meant to be an absolute rigid measuring stick. It's soft and malleable to avoid breakage. Different people will interpret it differently. There is no black and white. There are checks and balances.

People are born with the potential to make a difference if they involve themselves in the flow of the revolution. It is not the end that matters. It is the progress of the process. Although the lanterns of the night only burned a short while so not to be given away to the enemy, that light is still expanding out into the dark night.

The Silly Season

2008-02-22T00:40:00.007-07:00

Plagiarize : to steal and pass off (the ideas or words of another) as one's own (Merriam-Webster Dictionary).

I think I must have plagiarized sometime today. I don't keep track, but that's the point. I know I said something to my friend at lunch. I know I spoke to my office mate. Not too long ago, I read the book "Mayflower" by Nathaniel Philbrick. Being excited to tell someone about Bradford's wife, being so distraught, due to her young child being left behind in England (after being told to do so by her overbearing husband) that she jumped to her death into the icy waters below once it anchored of the Cape; and that it was clear to me that the Mayflower Compact was a forerunner to the U.S. Constitution and the Declaration of Independence in that it provided limited government, I think I forgot to give the author of "Mayflower" credit. But then again, were did he get that idea? Then again, where did Thomas Jefferson get his idea?

By Jefferson's own admission, the ideas contained in the Declaration of Independence were commonly expressed throughout the 17th and 18th centuries. I remember studying about Locke and Hobbes in College and seeing that much of what Jefferson said was lifted to some degree. John Adams claimed that Jefferson also borrowed from Samuel Adams. I'm surprised John Adams didn't claim he wrote it. Perhaps they were friends. I recently learned that the Scottish philosophers in the 17th and 18th century probably came up with just about everything. The Irish undoubtedly will be shocked to hear this since they saved civilization in a time when the Romans were failing and medieval Europe was on the rise. Ireland had monks that liked to copy down everything. Oh, and then you can't forget the Dutch and their Oath of Abjuration. It basically discusses the idea of a people's right to denounce and overthrow their leaders should they fail to respect the people's laws and traditions. I got that from Wikipedia. Thomas Paine's pamphlet, Common Sense had in it the line, "life, liberty, and the pursuit of property," as well as the line, "the pursuit of happiness."

So here's the deal: Sometime along time ago when language began, someone said something. It was overheard and someone else liked it. They repeated it. After a few mellenia I repeated it in some from. I apologize that I can't remember her name so as to give her credit. I think it was Ilene. Nonetheless, I didn't mean not to give her credit. Don't get me wrong, if someone is guilty of copyright infringement or if they pass off an idea or analysis as their own without giving proper credit they should be held accountable. Politics, inherently, is nothing but a form of plagiarism. We take something that has hopefully worked in the past and, with a few minor changes, appropriate it and call it our own. The Mayflower and it's passengers mattered. The People watching them from behind the forest cover mattered. Words matter. I think I just plagiarized again. I'm sorry.

Just Being There

2008-02-20T00:20:00.005-07:00

Don't ask where this idea comes from. Sometimes I'm of the impression that we are not the source of an idea. The idea exists in and of itself. We are just the receptacles of that thought. If we are open to it, it will arrive. If it arrives, it's up to us to listen to it.

There seems to be the thought that being first at something is the preferred method. It is entrenched in our psyches from birth, whether it's little league sports, being the head of the class or making the most money. It is the pursuit to get ahead at all cost no matter what. You can find it at home, at work, on the ski slopes and on CNN as you watch certain candidates and their spouses this season.

In this Machiavellian model, to progress to an end result at any cost, to achieve more knowledge, more power, more this, more that, we ultimately lose. We lose ourselves. Sometimes taking a breath and doing nothing is the best thing to do. Sometimes getting in your car and taking a scenic drive while listening to Rachmaninov, Shostakovich, Chopin, Miles, or Bill Evans is the best thing you can do. But the reality is, is that the people that get this already do this. And most likely the ones that don't are at this very moment thinking of ways to get on top. Their egos, or lack thereof, don't allow just being there--being in the moment. In my experience, there is no top.

My son is just 16 years old. The fact is, is that he will be a better musician than I am. He has a better temperament than I do. He is gifted with balance. Being first is not that important to him. He's more interested in clarity and understanding. For him happiness will come more easily as he is a better container for bliss. He plays in a band that occasionally asks me to play back-up percussion. I add "color" or so they say. I've learned I don't mind being second fiddle. It gives you the opportunity to look around and observe what's going on around you. It gives you more time to step back and contemplate what your part is and how you can best contribute to the whole.

You need that down time, you need to have a place to go and think. If all you are doing is trying to catch up and ultimately win--whatever that is-- you will most likely miss the point of what the universe is trying to whisper to you. If you want to see a person and what they stand for you have to understand what it is they are doing when no one is watching them. Hard to do, but for yourself.

Perhaps that's why there is a Camp David. Perhaps that's why Lincoln had a cottage that he would ride to about 3 miles North of Washington, D.C. As he rode to that Victorian cottage to find refuge, he would have undoubtedly seen the scores of Union troops encamped for a cause he believed deeply in, a cause to which thousands were dying and would continue to die. Quietly, and by himself, and away from the confusion of the White House he drew up the plans of how to unite a divided country, mourn the death of his son Willie, and dream up the Emancipation Proclamation. He understood the necessity of space and just being there.

Nationwide Recall of Beef being Fed to Our Children

2008-02-17T22:44:00.007-07:00

The USDA has ordered the Nation's Largest Beef Recall. Based on what I'm reading and hearing don't be surprised if the Fed's don't bring additional criminal charges against the company Westland/Hallmark. If they don't, they're not doing there job. People should be outraged. Is it not outrageous that food not fit for human consumption is being fed to our children at school? What group of money focused idiots thought this would be a good idea and would go unnoticed? It also clearly calls into question what our government is doing about inspection. Obviously the inspection program at the USDA is soundly asleep at the wheel while our kids are eating beef from sick "downer" cattle. Yet another reason to write your member of congress and tell them to stop hearings that are a waste of time (see blog on Clemens below) and do something for our nations food supply.

Here's the story:

AP Greg Risling
Posted: 2008-02-17 22:31:57

LOS ANGELES (Feb. 17) - The U.S. Department of Agriculture on Sunday ordered the recall of 143 million pounds of frozen beef from a California slaughterhouse, the subject of an animal-abuse investigation, that provided meat to school lunch programs.

In what officials said was the largest beef recall in U.S. history, the Department of Agriculture on Sunday ordered the recall of 143 million pounds of frozen beef from a California slaughterhouse that provided meat to school lunch programs. The recall will affect beef products that came from the Westland/Hallmark Meat Co.
Officials said it was the largest beef recall in the United States, surpassing a 1999 ban of 35 million pounds of ready-to-eat meats. No illnesses have been linked to the newly recalled meat, and officials said the health threat was likely small.

The recall will affect beef products dating to Feb. 1, 2006, that came from Chino-based Westland/Hallmark Meat Co., the federal agency said.

Secretary of Agriculture Ed Schafer said his department has evidence that Westland did not routinely contact its veterinarian when cattle became non-ambulatory after passing inspection, violating health regulations.

"Because the cattle did not receive complete and proper inspection, Food Safety and Inspection Service has determined them to be unfit for human food and the company is conducting a recall," Schafer said in a statement.

A phone message left for Westland president Steve Mendell was not immediately returned.

Federal officials suspended operations at Westland/Hallmark after an undercover Humane Society video surfaced showing crippled and sick animals being shoved with forklifts.

Two former employees were charged Friday. Five felony counts of animal cruelty and three misdemeanors were filed against a pen manager. Three misdemeanor counts — illegal movement of a non-ambulatory animal — were filed against an employee who worked under that manager. Both were fired.

Authorities said the video showed workers kicking, shocking and otherwise abusing "downer" animals that were apparently too sick or injured to walk into the slaughterhouse. Some animals had water forced down their throats, San Bernardino County prosecutor Michael Ramos said.

No charges have been filed against Westland, but an investigation by federal authorities continues.

Officials estimate that about 37 million pounds of the recalled beef went to school programs, but they believe most of the meat probably has already been eaten.

"We don't know how much product is out there right now. We don't think there is a health hazard, but we do have to take this action," said Dr. Dick Raymond, USDA Undersecretary for Food Safety.

Most of the beef was sent to distribution centers in bulk packages. The USDA said it will work with distributors to determine how much meat remains.

Federal regulations call for keeping downed cattle out of the food supply because they may pose a higher risk of contamination from E. coli, salmonella or mad cow disease because they typically wallow in feces and their immune systems are often weak.

About 150 school districts around the nation have stopped using ground beef from Hallmark Meat Packing Co., which is associated with Westland. Two fast-food chains, Jack-In-the-Box and In-N-Out, said they would not use beef from Westland/Hallmark.

Jack in the Box, a San Diego-based company with restaurants in 18 states, told its meat suppliers not to use Hallmark until further notice, but it was unclear whether it had used any Hallmark meat. In-N-Out, an Irvine-based chain, also halted use of the Westland/Hallmark beef. Other chains such as McDonald's and Burger King said they do not buy beef from Westland.

Raymond countered a claim leveled by Humane Society President and CEO Wayne Pacelle, who said a USDA inspector was at the Westland plant for about two hours each day. USDA inspectors are there at slaughterhouses "continuously," Raymond said.

Federal lawmakers on Thursday had called for the Government Accountability Office to investigate the safety of meat in the National School Lunch Program.

Upon learning about the recall, some legislators criticized the USDA, saying the federal agency should conduct more thorough inspections to ensure tainted beef doesn't get to the public.

"Today marks the largest beef recall in U.S. history, and it involves the national school lunch program and other federal food and nutrition programs," said U.S. Sen. Tom Harkin, chairman of the Chairman of the Senate Committee on Agriculture, Nutrition and Forestry. "This begs the question: how much longer will we continue to test our luck with weak enforcement of federal food safety regulations?"

Advocacy groups also weighed in, noting the problems at Westland wouldn't have been revealed had it not been for animal right activists.

"On the one hand, I'm glad that the recall is taking place. On the other, it's somewhat disturbing, given that obviously much of this food has already been eaten," said Jean Halloran, director of food policy initiatives at Consumers Union. "It's really closing the barn door after the cows left."

Associated Press writer Jacob Adelman contributed to this report.

Sesame Seeds and Salmonella

2008-02-15T18:06:00.003-07:00

The FDA just sent out the following press release regarding Nutri-Foods Organis Sesame Seeds due to possible salmonella contamination.

Recall -- Firm Press Release

FDA posts press releases and other notices of recalls and market withdrawals from the firms involved as a service to consumers, the media, and other interested parties. FDA does not endorse either the product or the company.
Nutri-Foods Recalls "Organic Sesame Seeds Natural - Unhulled" Because of Possible Health Risk

FOR IMMEDIATE RELEASE -- February 15, 2008 -- Nutri-Foods, Inc. ("Nutri-Foods") of Royal Oak, Michigan, is recalling its .50 pound packages of "Organic Sesame Seeds Natural - Unhulled" due to possible salmonella contamination, an organism, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting, and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illness such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

The recalled "Organic Sesame Seeds Natural - Unhulled" were sold at Nutri-Foods.

The product comes in a .50 pound clear plastic package with a product SKU #170 at the top and a "packed on" date of December 28. This product was sold from circa December 15, 2007 through January 28, 2008.

No illnesses have been reported to date in connection with this problem.

Production of the product has been suspended while the FDA and manufacturer of the product continue their investigation.

Write Congress and Tell Them You Don't Care About Roger Clemens' Injections in His Backside!

2008-02-13T21:40:00.011-07:00

How much did we as taxpayers pay today to watch Roger Clemens and his former physical therapist talk before a committee of Congress to discuss whether the PT injected him with steroids and human growth hormone? Based on my experience, it was well into the seven figures. Here's a thought: Why doesn't Congress focus on what "we the people" sent them to do? Enact legislation and pass bills that help the economy, build bridges, roads, dams, schools, healthcare, pollution, global warming, poverty, etc, etc, etc.

Here's something you can do: The FDA recently published a report on the need to partner with Congress to make the changes necessary to transform the safety of the nation's food supply. They call it the Food Safety Plan. The Plan recommends legislative changes to strengthen the FDA's ability to continue to protect Americans from foodborne illnesses. In part, the plan will:

Authorize FDA to Accredit Highly Qualified Third Parties for Voluntary Food Inspections.
Require New Reinspection Fee From Facilities That Fail to Meet current Good Manufacturing Practices (cGMPs)
Authorize FDA to Require Electronic Import Certificates for Shipments of Designated High-Risk Products
Require New Food and Animal Feed Export Certification Fee to Improve the Ability of U.S. Firms to Export Their Products
Provide Parity Between Domestic and Imported Foods if FDA Inspection Access is Delayed, Limited, or Denied
RESPOND Rapidly to Minimize Harm.
Empower FDA to Issue a Mandatory Recall of Food Products When Voluntary Recalls Are Not Effective
Give FDA Enhanced Access to Food Records During Emergencies

See the full Plan here: http://www.fda.gov/oc/initiatives/advance/food.html

Although this Plan is by no means perfect, it does put focus on a too common problem in the United States--food poisoning. The CDC estimates that 76 million foodborne illness, or food poisoning, cases occur in the United States every year, which means that one in four Americans contract a foodborne illness annually after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and 5,000 die. The estimated costs in terms of medical expenses and lost wages or productivity are between $6.5 and $34.9 billion (Buzby and Roberts, 1997; Mead, et al., 1999).

Now ask yourself, why do "we the people" care about Roger Clemens and his injections? Write your member of Congress and tell them how you feel about it and, why you're at it, tell them you want a few things to change or you will vote them out. Then they will have plenty of time for America's favorite past-time--just make sure the hot dog is cooked and hot when you get it.

Botulism in Asparagus, Beans and Blackeye Peas

2008-02-12T20:29:00.004-07:00

A recent nationwide recall has been broadened by the U.S. Food and Drug Administration (FDA). Unfortunately, due to the sizes of the cans (institutionalized 6-7 pounders) much of what is being consumed might place consumers at greater risk. I suspect the majority of the cans are not being opened by consumers but more likely retail restaurants, and other larger institutions such as schools and hospitals. I hope they are paying attention.

The FDA is alerting consumers, food service operators, and food retailers that New Era Canning Company, New Era, Mich., is broadening its nationwide recall of canned vegetable products for a third time because of the potential for its foods to be contaminated with Clostridium botulinum (C. botulinum).

C. botulinum produces the toxin that causes botulism and can cause life-threatening illness or death. The affected New Era products are large institutional-sized cans, weighing between six and seven pounds, of various types of beans, blackeye peas, and asparagus.

To date, no illnesses have been reported to the FDA. However, consumers should not consume these products, even if they appear to be normal, because of the potential serious risk to health. Consumers who have the affected products, or who have used them in recipes, should immediately throw the cans and food away.

The potentially contaminated products are marketed under ten different brand names:

Classic Sysco
Code
Frosty Acres Restaurant’s Pride Preferred
GFS
Kitchen Essentials
Monarch Heritage
Necco
New Era
Nugget
Reliance Sysco

Processors other than New Era may be packing these brands. Only products packed by New Era are subject to the recall, so individuals must check the lot numbers on the bottom of the cans to determine if the product is affected by the recall. A complete list of specific brands, products, and lot codes subject to the New Era recalls can be found at http://www.fda.gov/oc/opacom/hottopics/newera.html.

Symptoms of botulism poisoning in humans can begin from six hours to two weeks after eating food that contains the toxin. Symptoms may include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, and muscle weakness that moves progressively down the body, affecting the shoulders first, then descending to the upper arms, lower arms, thighs, and calves. Botulism poisoning also can cause paralysis of the breathing muscles, which can result in death unless assistance with breathing (mechanical ventilation) is provided. Individuals who have these symptoms and who may have recently eaten the products under recall or other food products made with them should seek immediate medical attention.

Any food that may contain the affected products should be disposed of carefully. Even tiny amounts of the C. botulinum toxin can cause serious illness when ingested, inhaled, or absorbed through the eye or a break in the skin. Skin contact should be avoided as much as possible, and hands should be washed immediately after handling the food.

When disposing of these products, double-bag the cans in plastic bags. Make sure the bags are tightly closed, then place in a trash receptacle for non-recyclable trash outside of the home. Restaurants and institutions should ensure that such products are only placed in locked receptacles that are not accessible to the public. Additional instructions for safe disposal may be found at www.cdc.gov/ncidod/dbmd/diseaseinfo/botulism_g.htm . Anyone with questions may call the FDA at 1-888-SAFEFOOD.

This recall is the most recent to result from an ongoing investigation of New Era Canning’s processing plant by the FDA and the Michigan Department of Agriculture. The FDA initiated an inspection of New Era Canning, along with inspections of other low acid canned food manufacturers, following four cases of botulism in consumers who had consumed canned, hot dog chili sauce in the summer of 2007.

Conflict Resolved

2008-02-12T08:27:00.000-07:00

I spent most of the my day yesterday in mediation. It was confidential so I can't discuss any of the specifics, but it was successful in its outcome. What I can say is that it was a case that had been litigated up until mediation for over two years. Both sides had risk. Both sides had strengths and weaknesses. In the end, both sides had to give a bit more than what they really wanted to. But also in the end, both sides had more say and control than what they would have if it had been given to a jury.

There are certain things you can do both as a client and an attorney to prepare for medition that will help in having a successful outcome. These ideas are by no means complete but are some thoughts from what has worked for me and my clients.

First things first, know your case. This doesn't mean your side only, it means try to understand your case from the other side as well. Obviously, there is a dispute or you wouldn't be here. Try to objectively discern if the otherside might have a valid point. Also, not all facts are critical at mediation. You may have lived with your case for a few years but trying to explain the details of the front door to your cabin that is 47 miles down a rutted dirt road may not be salient to this process. It's like the details of a book versus the same story in a two hour movie. I once took a screenwriting class that went over how to adapt a book to a movie. The instructor said the following: "Read the book carefully from cover to cover then put it down. Write out what you remember from it--the main points. If you can't remember all the details they were most likely not that important." So know which facts are critical and which are merely background.

I think it's also affective to research any comparable jury verdicts in your area to some degree. I feel this was probably more important to see what value is in your particular area a few years ago. Area distinctions are becoming less dramatic than they were fifteen years ago. The internet has made the world smaller. Just because I live in Utah or Oregon should I take less that a similar case that is in California or New York? So research cases from your area and beyond. See what's out there.

What are your alternatives to settlement? Will this be your last bite of the apple before litigation? Can you try again if it doesn't wotk out? Could another form of settlement be suggested such as arbitration? Timing is every thing. Some case take a while to become ripe. The right answer at the wrong time is still the wrong answer. Don't short circiut the process of getting to quick to mediation and don't short circuit the process once you are at the mediation or you will most likely take less than you would have otherwise. It is a dance that has several components. Patience still can be a virtue.

Another helpful process to go through with your clients is to explain to them how long and how expensive it will be to go to trial and what outcome is possible at trial. If they could settle today for $500,000, is it better or worse than going to trial a year down the road and spending and additional $50,000 with the amount on the table today at risk to potenetially get another $500,000? The answer may be yes or no but you need to honestly make an assessment.

When preparing both you and your client, make sure your are on the same page in most critical respects. You don't want an additional dispute to errupt during this most critical time of potential settlement at mediation. If you feel it coming on, politely ask the mediator to step outside and work through it until you reach an understanding with your client. Remember to listen to your client as they are the ones that have lived thrugh it.

It is also important ahead of time to explain the mechanics of the system (especially how a mediation session goes) so they are not surprised. Explain to them that the mediator is not the judge but someone that can hopefully facilitate a resolution. They are not there to tell you what to do. You and your cleint get to decide that together.

Like I said, this is by no means an exhaustive list. It is just a list of thoughts I have from spending my day in mediation that can hopefully better help in getting conflict resolved.

Get to Know Listeria

2008-02-11T19:04:00.000-07:00

This is yet another article from the CDC on another bacteria that is an important health problem in the United States caused primarily from undercooked meats and vegetables.

What is listeriosis?

Listeriosis, a serious infection caused by eating food contaminated with the bacterium Listeria monocytogenes, has recently been recognized as an important public health problem in the United States. The disease affects primarily persons of advanced age, pregnant women, newborns, and adults with weakened immune systems. However, persons without these risk factors can also rarely be affected. The risk may be reduced by following a few simple recommendations.

What are the symptoms of listeriosis?

A person with listeriosis has fever, muscle aches, and sometimes gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, confusion, loss of balance, or convulsions can occur.

Infected pregnant women may experience only a mild, flu-like illness; however, infections during pregnancy can lead to miscarriage or stillbirth, premature delivery, or infection of the newborn.

How great is the risk for listeriosis?

In the United States, an estimated 2,500 persons become seriously ill with listeriosis each year. Of these, 500 die. At increased risk are:

* Pregnant women - They are about 20 times more likely than other healthy adults to get listeriosis. About one-third of listeriosis cases happen during pregnancy.
* Newborns - Newborns rather than the pregnant women themselves suffer the serious effects of infection in pregnancy.
* Persons with weakened immune systems
* Persons with cancer, diabetes, or kidney disease
* Persons with AIDS - They are almost 300 times more likely to get listeriosis than people with normal immune systems.
* Persons who take glucocorticosteroid medications
* The elderly

Healthy adults and children occasionally get infected with Listeria, but they rarely become seriously ill.

How does Listeria get into food?

Listeria monocytogenes is found in soil and water. Vegetables can become contaminated from the soil or from manure used as fertilizer. Animals can carry the bacterium without appearing ill and can contaminate foods of animal origin such as meats and dairy products. The bacterium has been found in a variety of raw foods, such as uncooked meats and vegetables, as well as in processed foods that become contaminated after processing, such as soft cheeses and cold cuts at the deli counter. Unpasteurized (raw) milk or foods made from unpasteurized milk may contain the bacterium.

Listeria is killed by pasteurization and cooking; however, in certain ready-to-eat foods such as hot dogs and deli meats, contamination may occur after cooking but before packaging.

How do you get listeriosis?

You get listeriosis by eating food contaminated with Listeria. Babies can be born with listeriosis if their mothers eat contaminated food during pregnancy. Although healthy persons may consume contaminated foods without becoming ill, those at increased risk for infection can probably get listeriosis after eating food contaminated with even a few bacteria. Persons at risk can prevent Listeria infection by avoiding certain high-risk foods and by handling food properly.

Can listeriosis be prevented?

The general guidelines recommended for the prevention of listeriosis are similar to those used to help prevent other foodborne illnesses, such as salmonellosis. In addition, there are specific recommendations for persons at high risk for listeriosis.

How can you reduce your risk for listeriosis?

General recommendations:

* Thoroughly cook raw food from animal sources, such as beef, pork, or poultry.
* Wash raw vegetables thoroughly before eating.
* Keep uncooked meats separate from vegetables and from cooked foods and ready-to-eat foods.
* Avoid unpasteurized (raw) milk or foods made from unpasteurized milk.
* Wash hands, knives, and cutting boards after handling uncooked foods.
* Consume perishable and ready-to-eat foods as soon as possible

Recommendations for persons at high risk, such as pregnant women and persons with weakened immune systems, in addition to the recommendations listed above:

* Do not eat hot dogs, luncheon meats, or deli meats, unless they are reheated until steaming hot.
* Avoid getting fluid from hot dog packages on other foods, utensils, and food preparation surfaces, and wash hands after handling hot dogs, luncheon meats, and deli meats.
* Do not eat soft cheeses such as feta, Brie, and Camembert, blue-veined cheeses, or Mexican-style cheeses such as queso blanco, queso fresco, and Panela, unless they have labels that clearly state they are made from pastuerized milk.
* Do not eat refrigerated pâtés or meat spreads. Canned or shelf-stable pâtés and meat spreads may be eaten.
* Do not eat refrigerated smoked seafood, unless it is contained in a cooked dish, such as a casserole. Refrigerated smoked seafood, such as salmon, trout, whitefish, cod, tuna or mackerel, is most often labeled as "nova-style," "lox," "kippered," "smoked," or "jerky." The fish is found in the refrigerator section or sold at deli counters of grocery stores and delicatessens. Canned or shelf-stable smoked seafood may be eaten.

How do you know if you have listeriosis?

There is no routine screening test for listeriosis during pregnancy, as there is for rubella and some other congenital infections. If you have symptoms such as fever or stiff neck, consult your doctor. A blood or spinal fluid test (to cultivate the bacteria) will show if you have listeriosis. During pregnancy, a blood test is the most reliable way to find out if your symptoms are due to listeriosis.

What should you do if you've eaten a food recalled because of Listeria contamination?

The risk of an individual person developing Listeria infection after consumption of a contaminated product is very small. If you have eaten a contaminated product and do not have any symptoms, we do not recommend that you have any tests or treatment, even if you are in a high-risk group. However, if you are in a high-risk group, have eaten the contaminated product, and within 2 months become ill with fever or signs of serious illness, you should contact your physician and inform him or her about this exposure.

Can listeriosis be treated?

When infection occurs during pregnancy, antibiotics given promptly to the pregnant woman can often prevent infection of the fetus or newborn.

Babies with listeriosis receive the same antibiotics as adults, although a combination of antibiotics is often used until physicians are certain of the diagnosis. Even with prompt treatment, some infections result in death. This is particularly likely in the elderly and in persons with other serious medical problems.

What is the government doing about listeriosis?

Government agencies and the food industry have taken steps to reduce contamination of food by the Listeria bacterium. The Food and Drug Administration and the U. S. Department of Agriculture monitor food regularly. When a processed food is found to be contaminated, food monitoring and plant inspection are intensified, and if necessary, the implicated food is recalled.

The Coordinating Center for Infectious Diseases (CCID) is studying listeriosis in several states to help measure the impact of prevention activities and recognize trends in disease occurrence. CCID also assists local health departments in investigating outbreaks. Early detection and reporting of outbreaks of listeriosis to local and state health departments can help identify sources of infection and prevent more cases of the disease.

Get to Know Salmonella

2008-02-09T15:57:00.000-07:00

This is another article posted with the hope of educating the public about another serious health risk from a bacteria known as Salmonella. I have seen first hand the potentially deadly affects of the bacteria. I have had clients that have come done with this bug due to improper food handling of eggs and peanut butter. What follows is an article from the CDC.

What is salmonellosis?

Salmonellosis is an infection with a bacteria called Salmonella. Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, in some persons the diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. The elderly, infants, and those with impaired immune systems are more likely to have a severe illness.

What sort of germ is Salmonella?

The Salmonella germ is actually a group of bacteria that can cause diarrheal illness in humans. They are microscopic living creatures that pass from the feces of people or animals, to other people or other animals. There are many different kinds of Salmonella bacteria. Salmonella serotype Typhimurium and Salmonella serotype Enteritidis are the most common in the United States. Salmonella has been known to cause illness for over 100 years. They were discovered by a American scientist named Salmon, for whom they are named.

How can Salmonella infections be diagnosed?

Many different kinds of illnesses can cause diarrhea, fever, or abdominal cramps. Determining that Salmonella is the cause of the illness depends on laboratory tests that identify Salmonella in the stools of an infected person. These tests are sometimes not performed unless the laboratory is instructed specifically to look for the organism. Once Salmonella has been identified, further testing can determine its specific type, and which antibiotics could be used to treat it.

How can Salmonella infections be treated?

Salmonella infections usually resolve in 5-7 days and often do not require treatment unless the patient becomes severely dehydrated or the infection spreads from the intestines. Persons with severe diarrhea may require rehydration, often with intravenous fluids. Antibiotics are not usually necessary unless the infection spreads from the intestines, then it can be treated with ampicillin, gentamicin, trimethoprim/sulfamethoxazole, or ciprofloxacin. Unfortunately, some Salmonella bacteria have become resistant to antibiotics, largely as a result of the use of antibiotics to promote the growth of feed animals.

Are there long term consequences to a Salmonella infection?

Persons with diarrhea usually recover completely, although it may be several months before their bowel habits are entirely normal. A small number of persons who are infected with Salmonella, will go on to develop pains in their joints, irritation of the eyes, and painful urination. This is called Reiter's syndrome. It can last for months or years, and can lead to chronic arthritis which is difficult to treat. Antibiotic treatment does not make a difference in whether or not the person later develops arthritis.

How do people catch Salmonella?

Salmonella live in the intestinal tracts of humans and other animals, including birds. Salmonella are usually transmitted to humans by eating foods contaminated with animal feces. Contaminated foods usually look and smell normal. Contaminated foods are often of animal origin, such as beef, poultry, milk, or eggs, but all foods, including vegetables may become contaminated. Many raw foods of animal origin are frequently contaminated, but fortunately, thorough cooking kills Salmonella. Food may also become contaminated by the unwashed hands of an infected food handler, who forgot to wash his or her hands with soap after using the bathroom.

Salmonella may also be found in the feces of some pets, especially those with diarrhea, and people can become infected if they do not wash their hands after contact with these feces. Reptiles are particularly likely to harbor Salmonella and people should always wash their hands immediately after handling a reptile, even if the reptile is healthy. Adults should also be careful that children wash their hands after handling a reptile.

What can a person do to prevent this illness?

There is no vaccine to prevent salmonellosis. Since foods of animal origin may be contaminated with Salmonella, people should not eat raw or undercooked eggs, poultry, or meat. Raw eggs may be unrecognized in some foods such as homemade hollandaise sauce, caesar and other homemade salad dressings, tiramisu, homemade ice cream, homemade mayonnaise, cookie dough, and frostings. Poultry and meat, including hamburgers, should be well-cooked, not pink in the middle. Persons also should not consume raw or unpasteurized milk or other dairy products. Produce should be thoroughly washed before consuming.

Cross-contamination of foods should be avoided. Uncooked meats should be keep separate from produce, cooked foods, and ready-to-eat foods. Hands, cutting boards, counters, knives, and other utensils should be washed thoroughly after handling uncooked foods. Hand should be washed before handling any food, and between handling different food items.

People who have salmonellosis should not prepare food or pour water for others until they have been shown to no longer be carrying the Salmonella bacterium.

People should wash their hands after contact with animal feces. Since reptiles are particularly likely to have Salmonella, everyone should immediately wash their hands after handling reptiles. Reptiles (including turtles) are not appropriate pets for small children and should not be in the same house as an infant.

How common is salmonellosis?

Every year, approximately 40,000 cases of salmonellosis are reported in the United States. Because many milder cases are not diagnosed or reported, the actual number of infections may be thity or more times greater. Salmonellosis is more common in the summer than winter. Children are the most likely to get salmonellosis. Young children, the elderly, and the immunocompromised are the most likely to have severe infections. It is estimated that approximately 600 persons die each year with acute salmonellosis.

What else can be done to prevent salmonellosis?

It is important for the public health department to know about cases of salmonellosis. It is important for clinical laboratories to send isolates of Salmonella to the City, County, or State Public Health Laboratories so the specific type can be determined and compared with other Salmonella in the community. If many cases occur at the same time, it may mean that a restaurant, food or water supply has a problem which needs correction by the public health department.

Some prevention steps occur everyday without you thinking about it. Pasteurization of milk and treating municipal water supplies are highly effective prevention measures that have been in place for many years. In the 1970s, small pet turtles were a common source of salmonellosis in the United States, and in 1975, the sale of small turtles was halted in this country. Improvements in farm animal hygiene, in slaughter plant practices, and in vegetable and fruit harvesting and packing operations may help prevent salmonellosis caused by contaminated foods. Better education of food industry workers in basic food safety and restaurant inspection procedures, may prevent cross-contamination and other food handling errors that can lead to outbreaks. Wider use of pasteurized egg in restaurants, hospitals, and nursing homes is an important prevention measure. In the future, irradiation or other treatments may greatly reduce contamination of raw meat.

What is the government doing about salmonellosis?

The Centers for Disease Control and Prevention (CDC) monitors the frequency of Salmonella infections in the country and assists the local and State Health Departments to investigate outbreaks and devise control measures. CDC also conducts research to better identify specific types of Salmonella. The Food and Drug Administration inspects imported foods, milk pasteurization plants, promotes better food preparation techniques in restaurants and food processing plants, and regulates the sale of turtles. The FDA also regulates the use of specific antibiotics as growth promotants in food animals. The US Department of Agriculture monitors the health of food animals, inspects egg pasteurization plants, and is responsible for the quality of slaughtered and processed meat. The US Environmental Protection Agency regulates and monitors the safety of our drinking water supplies.

How can I learn more about this and other public health problems?

You can discuss any medical concerns you may have with your doctor or other heath care provider. Your local City or County Health Department can provide more information about this and other public health problems that are occurring in your area. General information about the public health of the nation is published every week in the "Morbidity and Mortality Weekly Report", by the CDC in Atlanta, GA. Epidemiologists in your local and State Health Departments are tracking a number of important public health problems, investigating special problems that arise, and helping to prevent them from occurring in the first place, or from spreading if they do occur.

What can I do to prevent salmonellosis?

Cook poultry, ground beef, and eggs thoroughly before eating. Do not eat or drink foods containing raw eggs, or raw unpasteurized milk. If you are served undercooked meat, poultry or eggs in a restaurant, don't hesitate to send it back to the kitchen for further cooking. Wash hands, kitchen work surfaces, and utensils with soap and water immediately after they have been in contact with raw meat or poultry.

Be particularly careful with foods prepared for infants, the elderly, and the immunocompromised. Wash hands with soap after handling reptiles or birds, or after contact with pet feces. Avoid direct or even indirect contact between reptiles (turtles, iguanas, other lizards, snakes) and infants or immunocompromised persons. Don't work with raw poultry or meat, and an infant (e.g., feed, change diaper) at the same time. Mother's milk is the safest food for young infants. Breast-feeding prevents salmonellosis and many other health problems.

So You Want Your Child to be a Rocket Scientist? Take Music Lessons

2008-02-08T16:13:00.000-07:00

Research done at the University of California-Irvine indicates that young children taking music lessons have a greater ability to grasp concepts that are also essential to math and science. Coordination and concentration are also improved when, for instance, children take piano lessons and learn to play a different line of music with each hand. For that matter, take drum lessons and use all four limbs independently.

The world is full of music. It is one of the truly universal ties that binds us all. Introduce your kids to all types of music. Rock, jazz, classical, brazillian, african, middle eastern, etc. and all the variants. Also realize that good music can be found in all different types of music. You can find quality anywhere if you are open to it. Check out Radiohead's new album Rainbow for instance. You don't have to be 20 something to appreciate it. And if you like Radio Head's new album, check out a couple other groups that may be lesser known to you like: Blue Nile or My Morning Jacket.

When my kids were young, I would play classical music in the car at times and ask them what the music was about. Sometimes it was about storms, monsters, the rising sun, or flying. Sometimes it was happy or sometimes it was sad. Sometimes it had the sound of water or the rush of wind. Listen to Vivaldi or Prokofiev. Can you hear the french troops getting closer in Tchaikovsky as the children play?

If your child decides to take music lessons, look for a teacher who has a good rapport with your child. By all means, if you have a school that has cut out music instruction, bring the importance of music to the attention of the school board!

It's never too late to be what you wanted to be. If you want to learn to play an instrument yourself, take some lessons! Be the example.

Get to Know E. coli

2008-02-06T21:53:00.000-07:00

This is a post from an informative article found at The Centers for Disease Control and Prevention or CDC on E. coli O157:H7. It is printed in its entirety.

Escherichia coli O157:H7 is a leading cause of foodborne illness. Based on a 1999 estimate, 73,000 cases of infection and 61 deaths occur in the United States each year. In the ten CDC Foodborne Diseases Active Surveillance Network (FoodNet) sites (which represent 15% of the US population), there was a 29% decline in E. coli O157:H7 infection since 1996-98 (see FoodNet Reports).

Infection with E. coli often leads to bloody diarrhea, and occasionally to kidney failure. People can become infected with E.coli O157:H7 in a variety of ways. Though most illness has been associated with eating undercooked, contaminated ground beef, people have also become ill from eating contaminated bean sprouts or fresh leafy vegetables such as lettuce and spinach. Person-to-person contact in families and child care centers is also a known mode of transmission. In addition, infection can occur after drinking raw milk and after swimming in or drinking sewage-contaminated water.

Consumers can prevent E. coli O157:H7 infection by thoroughly cooking ground beef, avoiding unpasteurized milk, and by washing hands carefully before preparing or eating food. Fruits and vegetables should be washed well, but washing may not remove all contamination. Public service announcements on television, radio, or in the newspapers will advise you which foods to avoid in the event of an outbreak.

Because the organism lives in the intestines of healthy cattle, preventive measures on cattle farms, during meat processing, and during the growth, harvest and processing of produce are being investigated.

What is Escherichia coli O157:H7?

E. coli O157:H7 is one of hundreds of strains of the bacterium Escherichia coli. Although most strains are harmless, this strain produces a powerful toxin that can cause severe illness. E. coli O157:H7 has been found in the intestines of healthy cattle, deer, goats, and sheep.

E. coli O157:H7 was first recognized as a cause of illness in 1982 during an outbreak of severe bloody diarrhea; the outbreak was traced to contaminated hamburgers. Since then, more infections in the United States have been caused by eating undercooked ground beef than by any other food.

The combination of letters and numbers in the name of the bacterium refers to the specific markers found on its surface and distinguishes it from other types of E. coli.

How is E. coli O157:H7 spread?

The organism can be found on most cattle farms, and it is commonly found in petting zoos and can live in the intestines of healthy cattle, deer, goats, and sheep. Meat can become contaminated during slaughter, and organisms can be accidentally mixed into meat when it is ground. Bacteria present on the cow's udders or on equipment may get into raw milk. In a petting zoo, E.coli O157:H7 can contaminate the ground, railings, feed bins, and fur of the animals.

Eating meat, especially ground beef, that has not been cooked sufficiently to kill E. coli O157:H7 can cause infection. Contaminated meat looks and smells normal. The number of organisms required to cause disease is very small.

Among other known sources of infection are consumption of sprouts, lettuce, spinach, salami, unpasteurized milk and juice, and by swimming in or drinking sewage-contaminated water.

Bacteria in loose stool of infected persons can be passed from one person to another if hygiene or hand washing habits are inadequate. This is particularly likely among toddlers who are not toilet trained. Family members and playmates of these children are at high risk of becoming infected.

Young children typically shed the organism in their feces for a week or two after their illness resolves. Older children and adults rarely carry the organism without symptoms.

What illness does E. coli O157:H7 cause?

People generally become ill from E. coli O157:H7 two to eight days (average of 3-4) after being exposed to the bacteria. Escherichia coli O157:H7 infection often causes severe bloody diarrhea and abdominal cramps. Sometimes the infection causes non-bloody diarrhea or no symptoms. Usually little or no fever is present, and the illness resolves in 5 to 10 days.

In some persons, particularly children under 5 years of age and the elderly, the infection can also cause a complication called hemolytic uremic syndrome (HUS), in which the red blood cells are destroyed and the kidneys fail. About 8% of persons whose diarrheal illness is severe enough that they seek medical care develop this complication. In the United States, HUS is the principal cause of acute kidney failure in children, and most cases of HUS are caused by E. coli O157:H7.

How is E. coli O157:H7 infection diagnosed?

Infection with E. coli O157:H7 is diagnosed by detecting the bacterium in the stool. About one-third of laboratories that culture stool still do not test for E. coli O157:H7, so it is important to request that the stool specimen be tested on sorbitol-MacConkey (SMAC) agar for this organism. All persons who suddenly have diarrhea with blood should get their stool tested for E. coli O157:H7.

How is the illness treated?

Most people recover without antibiotics or other specific treatment within 5 to 10 days. Antibiotics should not be used to treat this infection. There is no evidence that antibiotics improve the course of disease, and it is thought that treatment with some antibiotics could lead to kidney complications. Antidiarrheal agents, such as loperamide (Imodium®), should also be avoided.

In some people, E. coli O157:H7 infection can cause a complication called hemolytic uremic syndrome (HUS), a life-threatening condition that is usually treated in an intensive care unit. Blood transfusions and kidney dialysis are often required. With intensive care, the death rate for hemolytic uremic syndrome is 3%-5%.

What are the long-term consequences of infection?

Persons who only have diarrhea usually recover completely.

A small proportion of persons with hemolytic uremic syndrome (HUS) have immediate complications with lifelong implications, such as blindness, paralysis, persistent kidney failure, and the effects of having part of their bowel removed. Many persons with hemolytic uremic syndrome have mild abnormalities in kidney function many years later.

What can be done to prevent the infection?

Cattle are the principal source of E. coli O157 infection; they carry E. coli O157 in their intestines. Changes in the preparation of animals for slaughter and in slaughter and processing methods could decrease the contamination of carcasses with E. coli O157 and the subsequent contamination of meat. Testing ground beef for E. coli O157 and withholding it from the market until the test is negative, as many meat producers began doing in 2002, is probably partly responsible for the subsequent decrease in illnesses.

Cattle manure is an important source of E. coli O157. Manure can contaminate the environment, including streams that flow through produce fields and are used for irrigation, pesticide application, or washing. Collaborative efforts are needed to decrease environmental contamination and improve the safety of produce.

What can you do to prevent E. coli O157:H7 infection?

Cook all ground beef and hamburger thoroughly. Because ground beef can turn brown before disease-causing bacteria are killed, use a digital instant-read meat thermometer to ensure thorough cooking. Ground beef should be cooked until a thermometer inserted into several parts of the patty, including the thickest part, reads at least 160º F. Persons who cook ground beef without using a thermometer can decrease their risk of illness by not eating ground beef patties that are still pink in the middle.

If you are served an undercooked hamburger or other ground beef product in a restaurant, send it back for further cooking. You may want to ask for a new bun and a clean plate, too.

Avoid spreading harmful bacteria in your kitchen. Keep raw meat separate from ready-to-eat foods. Wash hands, counters, and utensils with hot soapy water after they touch raw meat. Never place cooked hamburgers or ground beef on the unwashed plate that held raw patties. Wash meat thermometers in between tests of patties that require further cooking.

Drink only pasteurized milk, juice, or cider. Commercial juice with an extended shelf-life that is sold at room temperature (e.g. juice in cardboard boxes, vacuum sealed juice in glass containers) has been pasteurized, although this is generally not indicated on the label. Juice concentrates are also heated sufficiently to kill pathogens.

Wash fruits and vegetables under running water, especially those that will not be cooked. Be aware that bacteria are sticky, so even thorough washing may not remove all contamination. Remove the outer leaves of leafy vegetables. Children under 5 years of age, immunocompromised persons, and the elderly should avoid eating alfalfa sprouts until their safety can be assured. Persons at high risk of complications from foodborne illness may choose to consume cooked vegetables and peeled fruits.

Drink municipal water that has been treated with chlorine or another effective disinfectant.

Avoid swallowing lake or pool water while swimming. (For more information, see the CDC Healthy Swimming website.)

Make sure that persons with diarrhea, especially children, wash their hands carefully with soap after bowel movements to reduce the risk of spreading infection, and that persons wash hands after changing soiled diapers. Anyone with a diarrheal illness should avoid swimming in public pools or lakes, sharing baths with others, and preparing food for others.

Omission is Commission

2008-02-05T22:42:00.000-07:00

This is an open letter to the public-at-large. I hope this may help families particularly in Utah and other Western States like Idaho, Wyoming, Colorado, Nevada, Arizona and New Mexico, where E. coli has been prevalent recently and has injured and even caused death.

E. coli has dramatic effects and unfortunately, it appears to be again on the rise after a downward trend. I have been involved with E.coli cases involving Dole, Wendy's, and other companies serving hamburger, spinach and lettuce. It's impact is devastating. Some may read this and believe that I'm just an attorney out to make a buck. While it is true this is what I do for a living and I do make money suing companies that harm my client's, making money for myself and my client's is not why I do it. I do it to help stop the spread of this leading cause of foodborne illness. Companies will change when their pocketbooks are hurt and they start to see the faces and families that they hurt. Their insurers will do likewise.

I live in the conservative State of Utah. Many residents of the West are conservative, strong willed and independent, all great qualities. I commonly am confronted with the notion that suing is inherently evil or immoral. Some have even suggested that the loss of life or permanent damage caused by an illness like E. coli, is even God's will and that the best thing to do, is move on and not involve themselves in a lawsuit. I truly try to appreciate and respect all points of points of view and certainly being non-litigious is a valid point of view. I have even written about using litigation as a last resort. I feel for families confronted with such great loss and their willingness to forgive. But there is a difference between forgiving and forgetting. You don't have to hate a company to pressure it to change. On the other hand, just forgetting about it, in my opinion, is wrong.

Unfortunately, the real world is not fair. The star money players in agri-business don't even play in the same arena as you and I. They are surrounded with legal armor and quite frankly, don't want you to show up, they'd just rather focus on market share and making money. When something that can literally kill is allowed to continue because agri-business has not cleaned up it's act, it is not fair. But doing nothing and allowing it to happen becomes part of the problem. If you don't want to make money after you or a family member has gone through the suffering of E. coli and perhaps HUS, donate the money you will potentially receive to a hospital, to a charity that helps survivors, or create a scholarship fund for a deserving medical student. In other words, do something good! Doing nothing is not acceptable. What we have been waiting for is you. Be the difference. Confronting the producers and sellers of E. coli tainted food is the right thing to do, not only for you, but others that need your example of doing. That's why, I would argue in great measure, that we saw a downward trend in the 1990's. Clients and their attorneys such as the pioneering law firm Marler Clark were and still are taking it to the businesses that cause the problem. Agri-business started to clean up their act. They started to get the message. Rational inaction will not win this fight. We need you. If you were hurt by E. coli, don't let it continue to hurt by doing nothing.

Uncle Bill Is Too Busy

2008-02-04T18:20:00.000-07:00

Unfortunately, the food undustry is still too busy trying to keep Bill Marler in business. Don't get me wrong, it's part of my business as well. Bill and I met one day about 8 years ago. I was knee deep in a Salmonella case involving a past divorce client of mine who unfortunately found himself on dialysis after eating at a buffet in a casino in Nevada. I'd never seen anyone so sick and so near death. My client had gone to the casino to place a bet, he just didn't know he'd be betting his life while eating eggs. After some initial research on the net where Marler's name came up about 10 times, I began thumbing through my then issue of National Geographic. Low and behold, there was an article on World food supply and illness. In the article was a photo of Bill Marler and a reference to Jack in the Box. I literally called Bill with the article still in my lap. We teamed up on my case. He and his very astute partner, Bruce Clark, flew down to meet me and my client(Oh, and we went fly fishing too on the Provo River). I learned a great deal by being around Bill and Bruce and still do to this day. The one thing that has stuck me is that Bill doesn't care about the money. If he could, he'd do it for free. What he cares about are his clients and that they are compensated for the injuries inflicted upon them by the careless people and entities that keep poisoning them. Please, put Bill Marler out of business. I hope one day Bill, Bruce and I can go fly fishing without worrying about the multiple cases of food poisoning we are now faced with--like a slow river without a worry in the world. See a recent AP article about Bill:
http://ap.google.com/article/ALeqM5gak52KP5ZmMn9wjYcwpKfrl8hC2wD8UJMEEG0

You're No Steve Gadd

2008-02-01T15:52:00.002-07:00

I remember the line that Senator Lloyd Bentsen, the then Democratic vice-presidential nominee, shot at Dan Quayle (Potatoe) after he had made comparison of himself to the late President John Kennedy. "I knew John Kennedy. John Kennedy was a friend of mine, and Senator, you're no John F. Kennedy." Quayle's career never recovered nor did his spelling.

I can't say I know Steve Gadd. I've met and talked to him a couple of times, attended a few clinics, been to several concerts where he was the drummer, and listened to 90% of his discography (take a look--you know this guy, I guarantee it http://www.drstevegadd.com/discography.htm ). What I do know, is that he is an original. Is he the best drummer out there? No. There are guys out there, perhaps I should say German drummers out there, that are beyond human. You can watch what they do over and over and still have no idea what or how they do it. No, who Steve Gadd is, is the guy who broke the trail of innovation for everyone else to follow. We are all followers of Steve. A real drummer will never say differently. If you don't believe this, just ask. If they stare at you blankly they need to go back and start over, or at least take some lessons. What Steve brings, besides a tasty technique and bucket load of innovation, is emotion. He literally becomes the song, the rhythm, the beating heart. Watch him play in any live performance. Find him on Youtube or a DVD with Eric Clapton on the song, "Old Love." You'll see what I mean. http://www.youtube.com/watch?v=EklciRHZnUQ

When I first heard his solo on the title track to Steely Dan's album from the 70's Aja, I was mesmerized. I still am. It is a classic drum solo. It's now over 30 years old and I still find it fresh. Take a cleansing breath, take 8 minutes out of your busy day and listen to it. You can find the tune on the net. http://www.youtube.com/watch?v=KaNt5S9pibQ Better yet, go down into your basement and go get the 33 vinyl, dust off your old turntable and play one of the best engineered albums of all time. Trust me, it will be better than any presidential debate you have heard.

Greatest Snow on Earth

2008-01-30T20:09:00.000-07:00

Gardners have been in Utah since 1847 when Archibald Gardner pulled up with his covered wagon. One of the unforeseen benefits of him traveling from Scotland and ending up eventually in the West (after a stop or two in Canada and Iowa and piling on a few wives--I come from number four out of 11) was that his progeny would have the Wasatch Mountain range within which to play. The snow there is dry and light, lacking the water content you would normally find on either coast or anywhere else for that matter. The canyons surrounding the greater Salt Lake area rise sharply above what is basically a desert basin that includes an ancient dried sea bed formerly known as Lake Bonneville. What's left is a mostly dry desert and its small remnant, The Great Salt Lake. Between the salt and the desert, the moist storms that arrive from the Pacific get sucked dry. The clouds then slam into the Wasatch range that unusually run North/South and begin to dump the perfect recipe for Utah Powder--The Greatest Snow on Earth. No where else has this recipe. If you've skied here you know that. By the way, if you need a local ski shop to get outfitted while you are in town, stop by the Sports Den in Salt Lake City. They are the last of the locally owned speciality ski stores. Support local please. They can be found at 1350 Foothill Drive, SLC, UT 84109. By far the best shop in town. Ask for Mark. Check out the latest snow report here: www.skiutah.com/snow_report/

The Music of Antonio Carlos Jobim

2008-01-29T08:12:00.000-07:00

I attended a jazz concert the other night in Salt Lake City, yes, Jazz in SLC, put on by the GAM Foundation that featured the music of Antonio Carlos Jobim, or "Tom" as he was affectionately called. He was one of the greatest composers of the 20th century. It featured Holly Hoffman on flute, Christoph Luty on Bass and Jeff Hamilton on drums (if you don't already know Jeff Hamilton, he is considered by most musicians to be the best jazz drummer out there today--you can hear him on most Diana Krall CD's or his own Jeff Hamilton Trio and can hear his phenomenal brush work in the movie, "Good Night and Good Luck." Listen particularly to the song "One for My Baby" in that movie).

The music of Jobim reminded me why I love music. It's poetic, haunting, at times painful, hopeful, and emotional but always worth the journey if you take it. I think what I am trying to say can be best found in the lyrics he wrote in a song called "Waters of March." Here it is:

Waters of March (Águas de março)

by Antônio Carlos Jobim

(1972)

A stick, a stone, it's the end of the road
It's the rest of a stump, it's a little alone
It's a sliver of glass, it is life, it's the sun
It is night, it is death, it's a trap, it's a gun
The oak when it blooms, a fox in the brush
A knot in the wood, the song of a thrush
The wood of the wind, a cliff, a fall
A scratch, a lump, it is nothing at all
It's the wind blowing free, it's the end of the slope
It's a beam it's a void, it's a hunch, it's a hope
And the river bank talks of the waters of March
It's the end of the strain
The joy in your heart
The foot, the ground, the flesh and the bone
The beat of the road, a slingshot's stone
A fish, a flash, a silvery glow
A fight, a bet the fange of a bow
The bed of the well, the end of the line
The dismay in the face, it's a loss, it's a find
A spear, a spike, a point, a nail
A drip, a drop, the end of the tale
A truckload of bricks in the soft morning light
The sound of a shot in the dead of the night
A mile, a must, a thrust, a bump,
It's a girl, it's a rhyme, it's a cold, it's the mumps
The plan of the house, the body in bed
And the car that got stuck, it's the mud, it's the mud
A float, a drift, a flight, a wing
A hank, a quail, the promise of spring
And the river bank talks of the waters of March
It's the promise of life, it's the joy in your heart
A stick, a stone, it's the end of the road
It's the rest of a stump, it's a little alone
A snake, a stick, it is John, it is Joe
It's a thorn in your hand and a cut in your toe
A point, a grain, a bee, a bite
A blink, a buzzard, a sudden stroke of night
A pin, a needle, a sting a pain
A snail, a riddle, a wasp, a stain
A pass in the mountains, a horse and a mule
In the distance the shelves rode three shadows of blue
And the river talks of the waters of March
It's the promise of life in your heart
A stick, a stone, the end of the road
The rest of a stump, a lonesome road
A sliver of glass, a life, the sun
A knife, a death, the end of the run
And the river bank talks of the waters of March
It's the end of all strain, it's the joy in your heart

God Made Louis Pasteur Too

2008-01-28T10:44:00.000-07:00

Apparently, as we progress through time we tend to forget about history, or at least minimize it since I suppose we must be getting smarter. Right? Every so often certain elements of society endeavor to repeat the past or at least stumble accross it without knowing that society has been there before. Don't get me wrong, I believe in individual liberties. If you want too run and jump off a cliff knowingly, and I stress knowingly, you should have the right to do so. Just make sure before you jump and land (splat) you don't fall on someone.

So this brings me to my point. As a planet we have been drinking raw milk for a long time, perhaps thousands of years. To be sure, raw milk is rich in protein, fat and beneficial bacteria. Unfortunately, once the milk comes out of the cow or goat it can just as easily kill you with its bad bacteria. Since Louis Pasteur and his idea of pasteurization — subjecting milk to some heat followed by cooling — pasteurization has helped to lower the disease rates in the U.S. by over 90%. Isn't less E. coli, salmonella and listeria, a good thing? Got Pasteurization? Perhaps a better way to treat milk will come forward someday that will allow the raw milk folks to enjoy their glass of milk without it killing or seriously injurying anyone. Until then, just make sure you enjoy your raw milk alone, wash your hands and pray.

What We Hear

2008-01-25T10:03:00.000-07:00

"The litigious spirit is more often found with ignorance than with knowledge of law." -Cicero

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser--in fees, expenses and waste of time." - Abraham Lincoln

"The entire legal profession--lawyers, judges, law professors--has become so mesmerized with the stimulation of the courtroom that we tend to forget that we ought to be healers of conflicts. For many claims, trials by adversarial contests must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, and too inefficient for a truly civilized people." -Chief Justice Warren E. Burger

Don't get me wrong, litigation does have its place and time. Mediation is not always preferable to litigation. Litigation is a good place for those who won't listen and need to be held accountable. Further, through our adversarial system there is some degree of predictability through stare decisis or precedent which establishes some fariness. It also tends to level the playing field where a party may be unreasonable. This is why we have the black robes. My point is this: Litiagtion should be a last resort. Learn to listen.

Mediation is Wise

2008-01-24T09:20:00.001-07:00

Several months ago I ran across a great article in the Wyoming Lawyer, called Negotiating With Native American Wisdom. I've never met the author, Joe Epstein, but I know literally and figuratively what he means by travelling the "red road." I recommend this article to anyone interested in mediation and the art of listening. Here's a link to the article: https://www.wyomingbar.org/bar_journal/article.html?id=109

A red road in Monument Valley, Utah--Navajoland within the four mountains

Some of What I do

2008-01-24T08:59:00.000-07:00

When I mentioned I was knee deep in e-coli, this is an article from the Deseret News that explains why:

Originally posted on August 13, 2006

'Probable source' is iceberg lettuce at N. Ogden eatery
By Lois M. CollinsDeseret Morning News
Wendy's restaurant chain is being sued by a Weber County family after the Weber-Morgan Health Department identified a North Ogden Wendy's as the probable link in four confirmed E. coli infections in June.
Seattle law firm Marler Clark and Salt Lake attorney Todd Gardner filed the lawsuit Friday in Weber County District Court on behalf of William and J. Corey Cohron and their two sons.
According to William Marler, the complaint seeks "compensation for the family's significant medical-related expenses, economic losses, pain and suffering and emotional distress."
On Aug. 7 the Weber Morgan Health Department said that four people had contracted E. coli, three of them developing the more severe hemolytic uremic syndrome (HUS). Health officials said the "probable source" was iceberg lettuce served between June 27 and June 30 by the Wendy's restaurant at 2500 N. 400 East in North Ogden. One of the four cases was determined to be a secondary transmission from someone who reported being infected during a conference in which two of the confirmed cases may have gotten the infection. The Wendy's restaurant was a caterer for the conference.The complaint filed by Marler Clark says that Corey Cohron ate a Wendy's salad at the conference and later became ill with symptoms of E. coli infection, including diarrhea. Other family members subsequently developed symptoms as well, most of them not requiring medical treatment. But Wil Cohron, 7, suffered severe infection and was taken to an emergency room July 12. He was in the hospital for two days. He later was rehospitalized and tested positive for E. coli.Three of the four confirmed cases developed HUS, according to Weber-Morgan health officials.No spokesman for Wendy's corporate office returned calls from the Deseret Morning News Friday and Wendy's attorney was not available to comment.E-mail: lois@desnews.com

Here's a CNN article as well: http://money.cnn.com/2006/09/22/news/spinach/index.htm

Welcome to my Blog

2008-01-23T22:45:00.000-07:00

Bill said you must blog. That was a year ago. I've never been one to move fast into new technology. I prefer holding a paper or a book to reading it online. It means more if all of your senses are employed. I am not a traditional lawyer. I choose to be solo but also understand I'm connected. I started out as a criminal defense attorney handling everything from shoplifting to murder. I was a professor for a few years in the world of academia. I now find myself knee deep in e-coli, a potentially deadly bacteria that comes from the intestines of animals. But its not primarily the e-coli that harms or kills, actually it's the decisions that people of governments, corporations and other entities make that eventually domino and affect a father, a mother, a child, a grandmother. The victims have names, jobs, feelings, goals, dreams, baggage, regrets, hopes and friends. We are all connected. They are all us. They are all you.

I play jazz drum professionally in the JD Moffat Trio and find improvization a key asset. Being in the moment, riding the edge of the wave, conceptual blockbusting and finding ways to resolve rather than spar have always meant more to me. I hope this blog will help someone. I will endeavor to write and post articles that will contribute to the body of law, mediation and music.