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Tainted Surgery

DURHAM, N.C. —  Duke University Health System has settled claims by patients who alleged they suffered health problems after being exposed to hydraulic fluid on surgical instruments at two Duke hospitals in 2004.

The News & Observer of Raleigh reported Wednesday that the confidential settlement resolved claims against Duke by an unknown number of clients.

Meanwhile, dozens of patients exposed to the hydraulic fluid at Durham Regional and Duke Raleigh hospitals have sued the companies that contracted with Duke to sterilize the equipment.

The lawsuit said the plaintiffs were patients of Durham Regional or Duke Raleigh hospitals in late 2004, when more than 3,600 patients were operated on with instruments mistakenly cleaned with used hydraulic fluid. The fluid had been drained from an elevator and sent back to the hospitals for use as detergent.

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Featured Articles

Doping May Be Mental

By Alan Mozes

TUESDAY, June 17 (HealthDay News) — When athletes think they are taking a performance-enhancing drug, their performance tends to get better — even if they never really take the drug.

So concludes a study of recreational athletes, half of whom received human growth hormone supplements while the other half took a placebo.

"This is a very relevant finding of the biology of the mind," said study co-author Dr. Ken Ho, head of the pituitary research unit at the Garvan Institute of Medical Research in Sydney, Australia. "There is a very real placebo effect at play in a sporting context, in which a favorable outcome can be achieved purely on the basis of a belief that one has received something beneficial — even if one hasn't."

Ho and his colleagues were expected to present their findings Tuesday at the Endocrine Society's annual meeting, in San Francisco.

Human growth hormone (HGH) is produced naturally by the anterior pituitary gland at the base of the brain. It is a key player in the regulation of muscle, skeletal, and organ growth. The hormone also helps process calcium and protein and stimulates the immune system.

As an injectable supplement for the purposes of boosting athletic performance, the use of HGH has been on the rise in recent years. But the World Anti-Doping Agency (WADA) notes that its use has also been linked to an increased risk for heart disease, diabetes, muscle, joint, and bone pain, high blood pressure, and osteoarthritis. WADA has therefore classified HGH as a banned substance both in and out of sports competitions.

The drug made headlines early this year when baseball great Roger Clemens denied using HGH in testimony presented at special Congressional hearings on doping in professional baseball. His former New York Yankees teammate, pitcher Andy Pettitte, has admitted to taking the drug.

Since 2004 a blood test has been in place to screen out those athletes engaged in surreptitious use. At the endocrine meeting, a separate team of researchers from Ohio University and the Aarhus Kommunehospital in Denmark presented evidence — derived from a mouse study — that points the way toward a new group of more easily identified biomarkers for HGH, which, theoretically, could lead to improved HGH screening down the road.

But Ho pointed out that "there is actually no firm scientific proof that growth hormone actuallydoesenhance athletic performance, despite a widespread belief in its ability to do so". In fact, a review of the literature on the subject, published in March in theAnnals of Internal Medicine, found no evidence that HGH could boost athletic prowess.

Ho and his team wanted to explore whether the physical boost athletes attribute to HGH might be more psychological in nature.

To do so, they focused on 64 healthy recreational athletes, men and women between the ages of 20 and 40, who had been exercising at least two hours per week over the six months prior to the study.

After testing the participants for their athletic ability, the men and women were randomized into two groups. One group got growth hormone for eight weeks, and the second received a dummy substance, or placebo. Neither the researchers nor the athletes knew which group participants were in.

At the end of the two-month trial, all the participants were asked to guess whether they had been taking HGH or a placebo, and whether their sporting performance had changed during the study period. Athletic ability was then re-tested on a range of performance parameters.

Ho and his team found that about half of the participants who received a placebo incorrectly assumed they had been given HGH. Gender played a significant role in such perceptions: the male placebo athletes were much more likely than the female athletes to have mistakenly thought they were in the HGH group.

However, regardless of gender, athletes on placebos whothoughtthey had taken HGH typically believed their performance had improved during the study.

What's more, these "incorrect guessers" actuallydidimprove, albeit minimally, in all measures of performance, including endurance, strength, power, and sprint capacity. In one category — high-jumping ability — the improvement was significant.

People in the placebo group who correctly guessed that they had taken a placebo improved their performance by about 1 percent to 2 percent, Ho said. But those who mistakenly thought they had taken HGH showed twice that level of overall improvement — about 2 percent to 4 percent.

"This proof of the placebo effect would equally apply to any drug, at any event, in any sport, and for any athlete, given whatever their coach is giving them," suggested Ho. "And, of course, it also goes beyond sport. It extends to health in general, and medical treatment in general."

How does this placebo effect stack up against improvements linked to actually taking HGH? Ho said his team is working on that comparison, with data coming at a later date.

Meanwhile, Dr. Michael O'Brien, an attending physician in the division of sports medicine at Children's Hospital Boston, called the finding "intriguing."

"This is one of the more unique sports supplement studies I've heard about," he noted. "Professional and elite athletes have always known that there's a very large psychological component to sports, especially with respect to endurance and recovery from hard training. But this is more evidence that more and more chemicals aren't the answer. Particularly for athletes who have a really balanced psychological approach to training."

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Featured Articles

Drink Coffee- Live Longer?

Female coffee drinkers appear to be less likely to die from heart disease than non-drinkers, a new study finds.

Esther Lopez-Garcia, assistant professor of preventive medicine at Autonoma University of Madrid, Spain, and colleagues analyzed data from 84,214 and 41,736 men. Coffee consumption was assessed first in 1980 for women and in 1986 for men and then followed up every two to four years through 2004.

Study participants completed questionnaires on how frequently they drank coffee, and were asked about other dietary habits, smoking, and health conditions. The researchers then compared the frequency of death from any cause, death due to heart disease, and death due to cancer among people with different coffee-drinking habits.

While accounting for other risk factors, the researchers found that people who drank more coffee were less likely to die during the follow-up period. This was mainly because of lower risk for heart disease deaths among coffee drinkers.

Specifically, women who drank two to three cups of caffeinated coffee per day had a 25 percent lower risk of death from heart disease and an 18 percent lower risk of death caused by something other than cancer or heart disease compared to non-coffee drinkers during the follow-up period.

Men had a neither higher nor lower risk of death regardless of coffee consumption, according to the study, which was published in the Annals of Internal Medicine.

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Laughter, The Best Medicine

Laughter Is Really Contagious!

If you see two people laughing at a joke you didn't hear, chances are you will smile anyway–even if you don't realize it.
According to a new study, laughter truly is contagious: the brain responds to the sound of laughter and preps the muscles in the face to join in the mirth.

"It seems that it's absolutely true that 'laugh and the whole world laughs with you," said Sophie Scott, a neuroscientist at the University College London. "We've known for some time that when we are talking to someone, we often mirror their behavior, copying the words they use and mimicking their gestures. Now we've shown that the same appears to apply to laughter, too–at least at the level of the brain."

The positive approach.

Scott and her fellow researchers played a series of sounds to volunteers and measured the responses in their brain with an FMRI scanner. Some sounds, like laughter or a triumphant shout, were positive, while others, like screaming or retching, were negative.

All of the sounds triggered responses in the premotor cortical region of the brain, which prepares the muscles in the face to move in a way that corresponds to the sound.

The response was much higher for positive sounds, suggesting they are more contagious than negative sounds–which could explain our involuntary smiles when we see people laughing.

The team also tested the movement of facial muscles when the sounds were played and found that people tended to smile when they heard laughter, but didn't make a gagging face when they heard retching sounds, Scott told LiveScience. She attributes this response to the desire to avoid negative emotions and sounds.

Older than language?

The contagiousness of positive emotions could be an important social factor, according to Scott. Some scientists think human ancestors may have laughed in groups before they could speak and that laughter may have been a precursor to language.

"We usually encounter positive emotions, such as laughter or cheering, in group situations, whether watching a comedy program with family or a football game with friends," Scott said. "This response in the brain, automatically priming us to smile or laugh, provides a way or mirroring the behavior of others, something which helps us interact socially. It could play an important role in building strong bonds between individuals in a group."

Scott and her team will be studying these emotional responses in the brain in people with autism, who have "general failures of social and emotional processing" to better understand the disease and why those with it don't mirror others emotions, she said.

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The Best Years In Life

Latest Attempt to Discredit Vitamin Therapies:

Originally published by The Doctor Rath Foundation

In August 1947, two years after the end of the Second World War, twenty-four managers of the I.G. Farben pharmaceutical and chemical cartel appeared before an  international war crimes tribunal in Nuremberg, Germany, to be charged with crimes including mass murder and crimes against humanity. The tribunal’s verdicts, delivered 11 months later, resulted in thirteen of the Farben defendants being given prison terms ranging from eighteen months to eight years.

Jump forward sixty years, to April 2008, and we find that much of the world’s media is awash with stories claiming that  taking vitamin supplements could lead to a premature death. According to a  review conducted on behalf of the  Cochrane Collaboration by researchers at Copenhagen University in Denmark, studies using beta-carotene, vitamin A and vitamin E showed “significantly increased mortality”, whilst trials of vitamin C “found no significant effect.”

Read on to discover what the world’s media didn’t tell you about this Cochrane review, including its potential historical parallel with crimes committed by the managers of the I.G. Farben cartel.
Predetermined conclusions
with potentially genocidal results

With the World Health Organization attributing 15.3 million deaths to cardiovascular disease and 6 million deaths to cancer annually, it is clear that the genocidal potential of the Cochrane researchers’ recommendations – were they to be implemented into national health policies via restrictions on the sale of vitamin supplements – could ultimately exceed the total number of deaths caused by the I.G. Farben managers, above, by an order of magnitude.

The first thing that one needs to understand about the recent Cochrane Collaboration review is that it was not a clinical study but a meta-analysis. This distinction is an important one in that whilst a clinical study is a scientific test of how a treatment works in people, a meta-analysis is merely a statistical evaluation of the data taken from several hand-picked existing studies, pooled together and presented as a separate piece of work.

This meta-analysis utilized 67 randomized trials with antioxidant supplements (vitamins A, C, E, beta carotene and selenium) and concluded that vitamins A, E and beta carotene increase mortality risk by up to 16%. However, despite the extensive media coverage it received, very little attention was given to the fact that this analysis was not even a new one. In fact, the same topic, the same studies and the same authors from Serbia, Denmark and Italy, were published a year ago in the Journal of the American Medical Association (JAMA). Predictably therefore, and as has similarly been the case with this year’s version, the JAMA meta-analysis attracted much criticism from scientists, nutritionists and the dietary supplement industry. As a result, the authors later admitted that their paper contained errors and JAMA subsequently published corrections to it.

Now, however, we find that the same study has been “massaged” again and republished as “new”.

Moreover, and as the following article will show, this meta-analysis is simply the latest in a growing succession of anti-supplement publications by the same authors. In all of these publications, it is clear that the conclusions reached were essentially predetermined before so much as a single word had even been typed. As such, we are confident that the evidence we present here shows beyond reasonable doubt that the authors concerned are intent upon convincing national governments and the medical establishment that urgent political action should be brought to regulate vitamins as dangerous drugs.

However, with Cellular Health research having clearly identified the optimum daily intake of vitamins as a basic preventive and therapeutic measure against cardiovascular disease, cancer and many other health conditions, and the World Health Organization attributing 15.3 million deaths to cardiovascular disease and 6 million deaths to cancer annually, it is clear that the genocidal potential of these researchers’ recommendations – were they to be implemented into national health policies via restrictions on the sale of vitamin supplements – could ultimately exceed the total number of deaths caused by the aforesaid I.G. Farben managers by an order of magnitude.
Conclusions not consistent
with those of the studies analyzed

From a total of 815 vitamin studies considered for evaluation, the authors selected a mere 68 of them for their analysis in the 2007 JAMA publication and 67 for this year’s Cochrane review. As such, it is interesting to note that while the researchers were studying the effects of selected antioxidants on mortality, they failed to include any studies in which no one died during either the trial period or the follow-up period. In addition, the selected studies differed vastly from each other in a number of important aspects that have impact on the results:

    *

      The meta-analysis included 20 trials conducted on healthy subjects and 47 studies in which vitamins were taken by people suffering from a variety of diseases, such as Alzheimer’s; heart disease; macular degeneration; various cancers and other diseases. The analysis did not investigate the details of the causes of death, which not only included heart disease, cancer and broken hips, but also accidents, suicides and other causes. It is likely that deaths occurred due to previously diagnosed diseases, not antioxidant supplementation. If a true risk of mortality was apparent in any of the trials with antioxidants, the study would have been stopped. None, in fact, were stopped and such conclusions were not even indicated by the authors of the trials.
    *

      In many studies, the participants were taking not only tested nutrients but also a long list of other supplements and pharmaceutical drugs. It is apparent that the underlying health problems, as well as various medical interventions, drug and supplement treatments could all interfere or mask the effects that the authors attributed to one or a selected combination of chosen antioxidants.
    *

      The doses of supplements in different trials used for the analysis were significantly different. For example, vitamin E was used in doses of 10 IU (U.S. RDA is 22IU) and 5,000 IU per day. Similarly, vitamin A was used in the amounts of 1333 IU daily (U.S. RDA is 2333 IU for women and 3000 IU for men) as well as in doses of 200,000 IU (well above the upper tolerable limit of 10,000 IU). It is known that mega-doses of vitamin A, taken for a long period of time, can cause side effects. Worse still, the duration of supplement use varied widely: in some trials it was 28 days in others, 12 years.

It is a well-known principle that the more similar the chosen studies are, the more valid the meta-analysis. It’s rather like saying that one gets more accurate results when comparing apples with apples instead of apples with oranges, for example. In this meta-analysis however the studies analyzed were very divergent and the conclusions drawn by the authors are not consistent with the findings of the actual studies.

As such, it is particularly notable that only after the authors divided these 67 studies into groups of “high risk bias” and “low risk bias,” using their own criteria, did they observe a statistically significant effect on mortality. Otherwise there was no effect. The authors even acknowledged that their results are in conflict with observational studies, which show benefits of antioxidant supplementation and with secondary prevention trials, such as cancer prevention studies published in journals such as Nutrition and Cancer, the Journal of the National Cancer Institute, and Diseases of the Colon & Rectum. This exemplifies how the conclusion reached (antioxidant supplements increase mortality) was predetermined and that the authors just conducted a search for a method to support it.
Conclusions not consistent with real-world evidence

Statistical research shows that consumers of vitamin supplements have more chance of dying from being struck by lightning or from a wasp or bee sting than they have from dying as a result of ingesting their vitamin tablets.

Photo: Axel Rouvin, "CG lightning strike"
Some rights reserved.
Source: www.piqs.de

Statistics show that the conclusions reached in this meta-analysis bear no relation whatsoever to real-world evidence.

For example, data from the 2003 annual report of the American Association of Poison Control Centers Toxic Exposure Surveillance System, published in the American Journal of Emergency Medicine in September 2004, states that in 2003 there were a total of only 4 deaths in the United States from the ingestion of vitamin supplements.

To put this number into perspective, a review published in the American Journal of Clinical Nutrition in 2005 estimated that approximately 70 percent of the US population uses dietary supplements at least occasionally, with around 40 percent using them on a regular basis. Given that the US population currently numbers 300 million people, this means that with 210 million Americans using dietary supplements occasionally and 120 million using them on a regular basis, dietary supplements are extraordinarily safe.

Moreover, setting aside the issue as to whether or not vitamins were even responsible for these 4 deaths – and in our opinion, in at least two of them, this is questionable – it is highly significant that none of them occurred due to the ingestion of either beta carotene, vitamin A or vitamin E – all three of which nutrients the Cochrane review claims increase mortality when ingested as supplements.

Statistical data from New Zealand and Canada provides still further confirmation that the risk of death from supplements relative to other factors is astonishingly small. In both of these countries, the research shows that consumers of vitamin supplements have more chance of dying from being struck by lightning or from a wasp or bee sting than they have from dying as a result of ingesting their vitamin tablets.

As such, in response to the claim that antioxidant vitamin supplements increase mortality, we must therefore ask a simple question: where are the bodies?

Clearly, our hospitals are not full of people suffering and dying from the effects of vitamins and other natural therapies. Instead, with adverse drug reactions being known to cost the British National Health Service £2 billion ($4 billion / €2.5 billion) annually and research showing that such reactions are now between the fourth and sixth leading cause of death in hospitalized patients in the United States and the seventh most common in Sweden, it can be seen that the global pharmaceutical industry’s sales of toxic patented synthetic chemical drugs are already responsible for mass murder on a scale almost unprecedented in human history.

And yet, if the researchers responsible for this Cochrane review get their way, it is scientifically-researched vitamin supplements, not the pharmaceutical industry’s deadly drugs, that would be the subject of political action to enact draconian restrictions upon their free availability. Without any doubt therefore, the deaths that resulted from such restrictions would be a crime against humanity of truly unimaginable proportions.

Given this potential outcome, and with leading pharmaceutical and chemical industry managers already having been found guilty of mass murder in the past, we find ourselves wondering whether the Cochrane researchers’ seeming attempts to aid the modern-day multi-trillion dollar pharmaceutical industry in its efforts to ban non-patentable vitamin therapies might ultimately lead to them, too, being found guilty of such a crime?
Why the review was conducted in Denmark

It was no accident that the Cochrane Collaboration chose the Knowledge and Research Centre for Alternative Medicine (ViFAB) in Denmark, and the Copenhagen Trial Unit’s Centre for Clinical Intervention Research, located at the Copenhagen University Hospital, Rigshospitalet, also in Denmark, as its sources of support for this meta-analysis.

Danish legislation covering food supplements is notorious for being harsh and restrictive. So much so, in fact, that, in recent years, Danish pro-natural health campaigners have been voicing concerns that their government’s totalitarian assaults on free choice and liberty – disguised as “consumer safety” – will ultimately eliminate the concept of supplements entirely in that country.

Notably therefore, the two supporting Danish organizations concerned have a number of conflicts of interest – both in terms of their sources of funding and their institutional bias – that raise serious questions regarding the outcome of this meta-analysis.

For example, the Knowledge and Research Centre for Alternative Medicine’s operational expenditure is funded by an appropriation stipulated in the Danish Finance Act. Its board members include representatives of the Danish Medical Association; the Danish National Board of Health and the Danish Ministry of Health and Prevention.

As for the Copenhagen University Hospital , it is notable that its specialist units include the Finsen Laboratory, which specialises in cancer research; a Department of Radiation Biology , whose research is carried out with support from state funds, cancer societies, and private foundations; the Bartholin Institute, which hosts research groups within Cancer/Immunology and Diabetes; a Department of Haematology, which treats disorders including malignant lymphoma, multiple myeloma, acute leukaemias as well as chronic lympho and myeloproliferative disorders; and a Laboratory of Gene Therapy Research; amongst others.

As such, far from being independent and non-biased, it can be seen that the funders of this study have a strong bias towards pharmaceutical medicine and a close affiliation to the decidedly anti-supplement Danish government.

Drummond Rennie, a director of the Cochrane Center in San Francisco and a deputy editor of the Journal of the American Medical Association, has long recognized the dangers that result from conflicts of interest of this nature. In 2004, for example, quoted in the British Medical Journal, he described it as “naive to think that those who have a financial conflict of interest will not be influenced when they do a review.” More to the point, he added that “there are avalanches of studies showing that studies and reviews are influenced by financial conflicts of interest, always in the direction that favours the commercial sponsor’s view.”

As we shall see next therefore, in the case of at least one of the authors of the Cochrane meta-analysis, Christian Gluud, MD, it turns out that Rennie’s observations are highly relevant.
Cochrane reviewer Christian Gluud’s conflicts of interest

Cochrane reviewer Christian Gluud’s scientific focus area is pharmaceutical research and development. Given that he is also an Ambassador and Member of the Scientific Advisory Board of Biologue, a Danish organization that is closely integrated with the Danish Pharma Consortium and whose members include pharmaceutical companies such as AstraZeneca, is it any wonder that he wants antioxidant supplements to be regulated as drugs?

Whilst media interest has tended to centre around Goran Bjelakovic, MD , the leader of the team authoring the anti-supplement meta-analysis, we find it unfortunate that far less attention has been paid to his main co-author, Christian Gluud, MD – especially so given that the latter would appear to have numerous conflicts of interest and connections to organizations having a strong institutional bias towards orthodox (i.e. pharmaceutical) medicine.

Along with his work at the Copenhagen University Hospital, for example, Gluud is an Ambassador and Member of the Scientific Advisory Board of BioLogue, where his scientific focus area is listed as being pharmaceutical research and development. Closely integrated with the Danish Pharma Consortium, the BioLogue network consists of several academic, governmental and regulatory partners; member companies – including pharmaceutical companies such as AstraZeneca Denmark; and the vast majority of biomedical researchers in Denmark. The members of BioLogue’s Steering Committee include representatives of the Danish Association of the Pharmaceutical Industry and the Danish Medicines Agency, amongst others. Significantly therefore, so far as the JAMA (2007) version of the meta-analysis is concerned, Gluud is stated as having been responsible for having obtained the funding for it. Moreover, and as we shall discover later, some sources even appear to infer that Gluud, rather than Bjelakovic, is the Cochrane review’s main author.
The Cochrane Collaboration’s conflicts of interest

The Cochrane Collaboration published a review of the migraine drug Eletriptan that was funded largely by Pfizer, Eletriptan’s manufacturer, at a time when Pfizer’s then president and chief executive officer, Henry McKinnell, above, was simultaneously a director of the Cochrane Library’s publishers, John Wiley and Sons.

The Cochrane Collaboration describes itself as an “independent organisation”, saying that it was established “to ensure that up-to-date, accurate information about the effects of healthcare interventions is readily available worldwide.” It also states that its central functions are funded by royalties from its publishers, John Wiley and Sons Limited, and that these come from sales of subscriptions to The Cochrane Library. The individual entities of The Cochrane Collaboration, meanwhile, are stated as being funded by a large variety of governmental, institutional and private funding sources, bound by an organisation-wide policy limiting uses of funds from corporate sponsors.

As we shall see however, behind these claims lie a number of important and uncomfortable facts that Big Media – in its apparent eagerness to inform us that taking vitamin supplements could lead to a premature death – has curiously neglected to make mention of.

Regarding Cochrane’s widely-trumpeted claim to be “independent,” for example, it turns out that the validity of this assertion has long been highly questionable. As long ago as October 2003, the British Medical Journal (BMJ) pointed out that the Cochrane website contains two reviews of migraine drugs – Eletriptan and Rizatriptan – that were funded largely by Pfizer, the manufacturer of Eletriptan.

Whilst the lead researcher on both these reviews, Andrew Moore, has been quoted as saying that he “strongly defends” their sponsorship by Pfizer, the fact is that both he and another of the Eletriptan reviewers have worked as consultants for pharmaceutical companies and other bodies, and have received research grants from industry, government, and charities. As such, there is clearly an argument to be made that Moore’s defence of the two migraine drug reviews is anything but independent.

To make matters even worse however, Cochrane published the review of Eletriptan at a time when Pfizer’s then president and chief executive officer, Henry McKinnell, was simultaneously a director of the Cochrane Library’s publishers, John Wiley and Sons.

Nevertheless, despite these serious conflicts of interest, at the time of writing (May 2008) both the Eletriptan and the Rizatriptan reviews remain available on the Cochrane website.

By November 2003 therefore, with the BMJ having openly stated that Cochrane had reached a crossroads over its drug company sponsorship, and Cochrane participants sharing stories of being offered cash for good reviews by drug companies, Cochrane’s leadership had no alternative but to announce that it was acting to allay fears over the influence of industry.

However, although the drug company sponsorship issue subsequently dominated Cochrane’s 2003 annual conference in Barcelona – the key sponsors of which included the drug makers Merck Sharpe & Dohme, Novartis, and AstraZeneca, whose logos were prominently displayed on the first page of the conference’s programme booklet – the Cochrane leadership failed to make a decision and opted instead for a complex consultation with its members.

Limits on commercial funding were subsequently proposed in February 2004, resulting in a new policy being issued in April 2004. Nevertheless, close examination of Cochrane's current policy on commercial sponsorship reveals that several highly significant anomalies remain.

For example, people who are employed by a pharmaceutical company are still not prohibited from taking part in reviews relating to the products of that company. Just as crucially, there is nothing to prevent people employed by pharmaceutical companies, people working as consultants for pharmaceutical companies, or people who have received research grants from pharmaceutical companies from taking part in reviews of competing products or systems of medicine such as vitamin therapies.

In addition, Cochrane’s current policy specifically states that government departments, not-for-profit medical insurance companies and health management organizations are not defined as commercial sources. As such, despite the fact that the vast majority of these have close links to, and tend to be strongly supportive of, the pharmaceutical industry, they are still permitted to sponsor Cochrane reviews. So, for example, although it is widely known that the US Food and Drug Administration has a close relationship with the pharmaceutical industry, Cochrane’s policy does not prevent it – or its counterparts in other countries – from sponsoring reviews. Revealingly therefore, Cochrane’s Report and Financial Statements for the year ended 31 March 2006 show that fully 79 percent of its funding for the preparation of reviews comes from “National and transnational government funding (including EU), typically from health and related ministries.”

As such, Cochrane’s stated claim that it was “established to ensure that up-to-date, accurate information about the effects of healthcare interventions is readily available worldwide” has to be balanced against the fact that the majority of its funding comes from bodies with close links to, and strong support for, the pharmaceutical industry. In light of this, it seems hardly surprising that the majority of its reviews deal with the evaluation of drug-based therapies. Indeed, bearing this in mind, it is particularly notable that the members of the Cochrane Collaboration’s Steering Group, who direct its activities, are themselves virtually all employed by either university medical departments, hospitals or government health departments, all of whom by their very nature have extremely close connections to the world of orthodox (i.e. pharmaceutical) medicine.

As a result, given that natural therapies such as vitamin supplements are increasingly now coming under heavy attack worldwide from governments and their health-related ministries, it is not difficult to imagine that the Cochrane Collaboration would not want to bite the hands that feed it financially – especially so given the revealing statements in its Report and Financial Statements that “a significant number” of the Cochrane Collaboration’s Review Groups and Centres “are facing severe financial pressures” and that “others are struggling to maintain all or part of their funding.”
Pharma and chemical interests of the
Cochrane Library’s publishers, John Wiley & Sons Ltd.

The Cochrane Collaboration states that its central functions are funded by royalties from its publishers, John Wiley and Sons Ltd., which come from sales of subscriptions to The Cochrane Library. Even here however, it turns out that things are not quite as simple as they might initially seem.

For instance, Wiley's scientific, technical, medical, and scholarly business is known as Wiley-Blackwell and publishes over 300 medical journals, examples of which include: Cancer, the flagship journal of the American Cancer Society; Cancer Science, the official journal of the Japanese Cancer Association; the European Journal of Cancer Care; Diabetic Medicine, the journal of Diabetes UK; HIV Medicine, the official journal of the British HIV Association (BHIVA) and the European AIDS Clinical Society (EACS); the International Journal of Gynaecological Cancer, the official journal of the International Gynaecologic Cancer Society and the European Society of Gynaecological Oncology; and the Journal of Interventional Cardiology.

Moreover, it is also notable that Wiley’s acquisition in 1996 of VCH Publishing Group, the publishing arm of the German Chemical and Pharmaceutical societies, made it one of the largest chemistry publishers in the world.

As such, there is clearly an argument to be made that Wiley, as the Cochrane Library’s publisher, has a vested interest in the promotion of pharmaceutical and chemical medicine. From its perspective, any promotion of natural non-patentable alternatives – such as vitamin therapies – could likely be seen as a threat to its future profits.
The Cochrane reviewers’ ultimate aim:
“urgent political action” to bring in stiffer regulation of antioxidant supplements

Surprisingly, amidst the predictable media frenzy that resulted from the publication of this Cochrane review, there was very little attention paid to the reviewers’ ultimate aim.

Quoted in a Medical News Today article however, the reviewers made a "plea for urgent political action" to bring in stiffer regulation of antioxidant supplements. Even more interestingly, the Medical News Today article appears to infer that Christian Gluud – rather than Goran Bjelakovic – was the review’s main author and specifically quotes Gluud as saying “in no uncertain terms” that: "We should request that the regulatory authorities dare to regulate the industry without being financially dependent on the very same industry."

Of course, had Gluud’s criticism been levelled at pharmaceutical companies – in that regulatory agencies virtually the world over are highly dependent on licensing fees and other income from the drug industry – then it would clearly have been a reasonable one. By comparison, however, in most countries vitamin companies have traditionally contributed either very little or next to nothing, financially speaking, to the government agencies that regulate them. Notably therefore, Gluud neglected to make any mention of this important fact.

As such, enterprising journalists – and by this we mean journalists who prefer to do their own research, as opposed to those who took the lazy option and merely used the Cochrane Collaboration’s press release as the basis for their articles – should further take note that the call by these reviewers for stiffer regulation is not even a new one as they have been making similar statements for some four years now.

In an earlier Cochrane review, published in October 2004, for example, the same reviewers similarly contrived to show that there was no convincing evidence that antioxidant supplements have a beneficial effect on the occurrence of gastrointestinal cancers or on overall mortality and that beta-carotene, vitamin A, vitamin C, and/or vitamin E increase overall mortality. Significantly therefore, they were openly of the opinion in this review that “antioxidant supplements should be regulated as drugs.” Similarly, that very same month, Bjelakovic, Gluud and two of the other members of their team had a study published in the Lancet in which they claimed they “could not find evidence that antioxidant supplements can prevent gastrointestinal cancers” and that “on the contrary, they seem to increase overall mortality.”

The timing of these two October 2004 publications was highly significant, as they were brought to the attention of the worldwide media only weeks before a crucial meeting of the Codex Committee on Nutrition and Foods for Special Dietary Uses (CCNFSDU), whose agenda on which occasion included consideration of a proposed restrictive global guideline on vitamin and mineral supplements. Sponsored by the World Health Organization and the Food and Agriculture Organization of the United Nations, the main functions of Codex committees revolve around drawing up standards and guidelines for the global food and food supplement industries. Codex texts carry binding authority under the World Trade Organization (WTO), which uses them as the benchmarks when adjudicating on international trade disputes involving food products. Because of this, WTO member countries almost invariably base their domestic food laws upon Codex’s standards and guidelines, not only as a means of promoting international trade but also to avoid having expensive trade dispute cases brought against them at the WTO.

Significantly therefore, the proposed Codex vitamin and mineral supplement guidelines had been subject to vehement worldwide protests for many years, and, as a result, their adoption had essentially been stalled since the mid-1990s. Nevertheless, perhaps due in no small part to the efforts of Bjelakovic, Gluud and their team, the CCNFSDU’s 2004 meeting resulted in the guidelines being advanced for final adoption at Step 8.

Finally, with respect to the Cochrane reviewer’s ultimate aims, it is also notable that Bjelakovic and Gluud wrote a particularly revealing editorial in the May 16, 2007 issue of the Journal of the National Cancer Institute. Discussing a study claiming that taking multivitamins may be associated with an increased risk for advanced or fatal prostate cancers, they stated that the study’s authors "add to the growing evidence that questions the beneficial value of antioxidant vitamin pills in generally well-nourished populations and underscore the possibility that antioxidant supplements could have unintended consequences for our health." In their editorial’s conclusion, Bjelakovic and Gluud suggested that supplements should be tested for benefits and harms before they come to the market and infer that they should be treated in the same way as pharmaceutical drugs. Predictably, of course, in doing so they neglected to mention that such testing would be prohibitively expensive for non-patentable substances such as vitamins and that only patentable substances, i.e. synthetic chemical drug medicines, offer the possibility of recouping the huge costs involved.

As such, bearing in mind Gluud’s absurd inference that regulatory authorities are “financially dependent” upon “the [vitamin] industry”, as opposed to the multi-trillion dollar patented synthetic chemical drug industry, it would appear that both he and Bjelakovic are developing something of a habit of ignoring not only relevant studies, but also relevant facts.
The influence of Big Media

Journalist Rachel Johnson wrote an article entitled ‘Not so vital vitamins’ for the Sunday Times in the UK in which she cited the Cochrane review, stated that vitamins are a waste of money and claimed that taking them may shorten life expectancy. She later confessed however that she “knew there was something fishy” about the Cochrane review but that she “was under pressure to back it” even though she “thought it was simply impossible to pin any of the outcomes on taking vitamins.”

Following the storm of protest that erupted after the recent Cochrane review’s publication, it didn’t take long for evidence to emerge that certain newspaper editors had put their journalists under pressure to back it .

The British journalist and writer Rachel Johnson, for example, had written an article entitled ‘Not so vital vitamins’ for the Sunday Times in which she cited the review, stated that vitamins are a waste of money and claimed that taking them may shorten life expectancy.

Subsequently however, upon being presented with an article – citing research published in the International Journal of Cancer – showing that a researcher who claimed vitamins can speed up the development of cancer has essentially admitted she got it wrong, Johnson confessed that she “knew there was something fishy” about the Cochrane review but that she “was under pressure to back it” even though she “thought it was simply impossible to pin any of the outcomes on taking vitamins.”

But why might Johnson have been put under pressure? Could it have anything to do with the fact that recent advertisers in the Sunday Times’ magazines have included companies such as Garnier, a division of L'Oréal – the latter of which is the world's largest cosmetics firm and currently holds an 8.7 percent stake in one of the world’s largest pharmaceutical companies, Sanofi-Aventis; Boots, the UK’s dominant pharmaceutical retailer and wholesaler; and BUPA, the UK's leading provider of private health care insurance?
Conclusion

If people are prevented from accessing safe natural health therapies, pharmaceutical-based medicine will essentially be the only option left available to them.

As was similarly the case with the 2004 Cochrane review and Lancet study, the publication of this latest Cochrane meta-analysis comes at a critical time in the global battle to maintain free access to non-patentable vitamin therapies.

The European Commission, aided and abetted by the European Food Safety Authority (EFSA), is currently in the final stages of setting maximum permitted levels for vitamins and minerals in supplements. At present, it is currently expected that these levels will be announced sometime before January 2009 and that in many cases the permitted dosages will be far less than those that are necessary to prevent chronic diseases and promote optimum health.

Meanwhile, in Canada, New Zealand, the United States and many other countries, similar regulatory efforts are also underway to enact restrictions upon the availability of natural health therapies. Clearly therefore, should these actions be successful and patients subsequently be forced to worship at the deadly alter of pharmaceutical medicine, countless millions of deaths will occur that could otherwise have been prevented by the application of Cellular Health research.

Bearing all of this in mind, the question has to be asked as to whether the deliberate actions of the Cochrane researchers – in aiding and abetting those who want to bring in draconian regulations for vitamin supplements – are potentially criminal.

In considering this question, let us briefly summarize the evidence.

Firstly, we know that Cellular Health research has the potential to save millions of lives. Similarly, we also know that most prescription drugs don't work for most people and that adverse drug reactions are now between the fourth and sixth leading cause of death in hospitalized patients in the United States. And yet, if people are ultimately prevented from accessing safe natural health therapies, pharmaceutical drugs will essentially be the only option left available to them.

As regards the recent Cochrane meta-analysis, we know that the two organizations who supported it – the Knowledge and Research Centre for Alternative Medicine (ViFAB) in Denmark, and the Copenhagen Trial Unit’s Centre for Clinical Intervention Research, located at the Copenhagen University Hospital, Rigshospitalet, also in Denmark – have a strong bias towards pharmaceutical medicine and a close affiliation to the decidedly anti-supplement Danish government.

In addition, we also know that the majority of the Cochrane Collaboration’s funding comes from bodies with close links to, and strong support for, the pharmaceutical industry and that Wiley, the Cochrane Library’s publishers, has a vested interest in the promotion of pharmaceutical and chemical medicine.

Finally, and perhaps most seriously of all, we know that the scientific focus area of Christian Gluud, one of the leading authors of the Cochrane meta-analysis, is pharmaceutical research and development and that he has numerous conflicts of interest and connections to organizations having a strong institutional bias towards orthodox medicine.

As such, given all of the above, when Gluud and his colleagues make their pleas for “urgent political action" to bring in stiffer regulation of supplements, what are we to conclude? Are we supposed to believe that the various conflicts of interest described above are all merely coincidental and that the ongoing efforts of Gluud and his colleagues to discredit non-patentable vitamin therapies are somehow not intended to protect the interests of the multi-trillion dollar global pharmaceutical industry and its Investment “Business With Disease”?

Frankly, we think that the evidence presented here is already too strong for any reasonable person to dismiss out of hand. So much so, in fact, that we are confident the organizers of the “vitamins lead to a premature death” campaign will eventually be called to account for their actions.

Justice will prevail – the health and lives of countless millions of people are depending on it.

Categories
Health & Freedom

Non-Dischargeable Debt

The following is a guest article by Alfred Adask, former Libertarian Party candidate for The Texas Supreme Court.

Black’s 7th (A.D. 1999):

nondischargeable debt. A debt (such as one for delinquent taxes) that is not released through bankruptcy.”

[Defining “nondischargeable debt” as only applying to questions of bankruptcy implies that “dischargeable debt” is likewise a concept found only in bankruptcy. Is the essence of “legal tender” the ability to “discharge” our debts? Does “discharge” (rather than “pay”) imply that we must be in bankruptcy?

That makes sense. Legal tender has, by definition, always existed when at least the government could not pay its debts with lawful money/specie. Thus, insofar as the persistent inability to pay debt has been an essential indicator of bankruptcy, it would follow that reliance on legal tender would always be an indication that those who use legal tender are bankrupts.

Normally, a person can file for bankruptcy protection as a voluntary act of “self-defense”. If a person does not personally file for bankruptcy protection, he will not normally be presumed to be bankrupt. Therefore, unless the use of legal tender was backed up by something like a SSN (to prove your relationship as fiduciary/employee of the federal government and thus liable for the debts of the bankrupt federal government), it seems that a single instance of using legal tender would be no more sufficient to presume a person was bankrupt than a single instance of not paying one’s bills.

However, if three separate creditors (“out of the mouths of two or three”) came to court claiming that one man wasn’t paying all three, the court could put that person into an involuntary bankruptcy.

Even so, in a particular case, where are the three instances/“creditors” required to “prove” that a particular defendant is not paying his bills and is therefore a presumed involuntary bankrupt? If the plaintiff is suing me for $500,000, it seems that we have a single claim of non-payment of debt; we do not have three “creditors” claiming that I’ve failed to pay three different debts.

Unless . . . what if the plaintiff alleged three causes of action under three (or more) separate statutes? What if the plaintiff alleged that I owed $500,000 on the original debt; that I owed another $250,000 for legal fees, and another $200,000 in “punitive damages”? What if the plaintiff alleged three separate “debts” and/or “causes of action,” each debt/cause was denominated in legal tender (seeking discharge rather than payment), and each debt/cause was under a separate statute. Is it possible that I might be deemed a “debtor” to each of the three underlying statutes?? If so, and if I’d been given notice of all three of the separate debts/causes and I refused to pay or settle out of court, then could the court deem me to be a bankrupt/debtor when I came to court and proceed against me as a debtor?

If that hypothesis were valid, a defendant’s first lines of defense might be 1) deny any debtor-creditor relationship exists between himself and the plaintiff; 2) deny that he’s voluntarily agreed to serve as debtor and/or surety relative to the three or more statutes under which the plaintiff makes his claims (I’ll bet that the government can’t make you a debtor to a statute without your voluntary consent; forced debtor status would be involuntary servitude); 3) deny that you are bankrupt and/or produce evidence that you have gold/silver sufficient to pay at least part of the alleged “debt”; 4) deny that you owe a debt denominated in legal tender; 5) accuse the plaintiff of being bankrupt by virtue of paying the filing fee in legal tender; 6) accuse the plaintiff of being a bankrupt (without rights) by virtue of not paying its debts in specie. 7) accuse plaintiff of being bankrupt for not paying any filing fee; 8) deny the court’s subject matter jurisdiction to hear bankruptcy cases; etc..

Deny that you’re bankrupt when the plaintiff sends his first notice/petition to your denominated in legal tender (I.e., the case starts with a plaintiff’s claim for damages denominated in legal tender. By reference to legal tender, the plaintiff creates the presumption that the defendant must be a bankrupt. If the plaintiff sues for legal tender, he must presume that the defendant is already bankrupt, can’t pay his bills, and therefore will be “privileged” to discharge his obligation with legal tender. In 95 to 98% of all cases, that “discharge” would be negotiated with a plea bargain and/or out-of-court “settlement” wherein the creditor-plaintiff took whatever he could get from the “bankrupt” defendant-debtor.

My point is that if the case starts with claims denominated in legal tender, and if the defendant does not object to that medium of transfer by denying that he’s bankrupt, then the defendant’s failure to repudiate the plaintiff’s claim (in FRNs) might be deemed as the defendant’s implicit confession that he is a bankrupt and/or that he consents to be tried under the rules of bankruptcy.

If so, then if the defendant replied to the plaintiff’s first notice/petition with an express, sworn denial of being 1) personally bankrupt or 2) surety for a bankrupt (U.S. gov-co), plus 3) a demand that he be sued in specie rather than legal tender, and 4) a declaration that the plaintiff is bankrupt—might the plaintiff be estopped from proceeding?

As evidence that I am not bankrupt, suppose I posted a “conditional” bond (if there is such thing) made out to the plaintiff for 21 silver dollars as at least a partial payment of any debt truly due from me to the plaintiff. Suppose I conditioned that specie bond on being found guilty AT COMMON LAW for the alleged offenses/debts? By pre-bonding the case at law—even partiallywith a bond denominated in specie I might create evidence that I was not bankrupt and was therefore not subject to process wherein I was deemed without rights to . . . substantive due process? Is procedural due process for bankrupts? Is substantive due process for creditors and/or men who are “solvent”?

What would happen if I were sued for $500,000 (legal tender), and I offered to settle for 21 silver dollars (specie)? Aren’t 21 silver dollars worth more than $5 (legal tender) for 21 silver dollars? Aren’t 21 silver dollars (actual assets) worth more than $500,000 in legal tender/debt instruments?

If I offered to settle a case denominated in legal tender with specie (and backed my offer to settle in specie with denials of being bankrupt, being involved in a debtor-relationship with the plaintiff, etc.), would I create a “conflict of law” that could only be resolved by a judicial court?

This line of conjecture needs a lot of work. The ideas that the courts presume us to be bankrupts from our use of legal tender and/or from being charged by government under three or more statutes (witnesses? Creditors?) to which we are presumed debtors are pretty flimsy. Still, if “non-dischargeable debt” applies only in bankruptcy, and therefore (??) all debts subject to “discharge” implicate bankruptcy law, it does appear that the use of legal tender would tend to invoke bankruptcy laws.

If that were true, there might be three fundamental, “generic” defenses: 1) deny that you’re the debtor; claim to be the creditor; 2) deny that you are bankrupt; and 3) produce a bond or other evidence that you have specie and/or are willing to litigate for specie.

irredeemable bond. See annuity bond under BOND (3).”

redeemable bond. See BOND (3).”

redeemable security. See SECURITY.”

redeemable stock. See STOCK.”

Black’s 4th (A.D. 1957):

RECTUS. In the old law of descents. Right; upright; the opposite of obliquus (q.v.).”

OBLIQUUS. Lat. In the old law of descents, oblique; cross; transverse; collateral. The opposite of rectus, right, or upright.”

Findlaw search USSC “nondischargeable debt”:

1. FindLaw Case

http://laws.findlaw.com/us/000/96-1923.html

[This case is under the heading “SUPREME COURT OF THE UNITED STATES” (not “UNITED STATES SUPREME COURT” or “U.S. SUPREME COURT”).]

… … credit is] obtained by” fraud. The phrase thereby makes clear that the share of money, property, etc., that is obtained by fraud gives rise to a nondischargeable debt. Once it is established that specific money or property has been obtained by fraud, however, any debt” arising therefrom is excepted from

[This partial text suggests that any debt, cause or case based on FRAUD gives rise to a “non-dischargeable debt”. If so, this suggests that a plaintiff might not have to sue for or accept legal tender as a “discharge” for debts based on FRAUD. Instead, fraud might open the door to sue for specie.]


… a ‘fine, penalty, or forfeiture’ ”). Because each use of “debt for” in §523(a) serves the identical function of introducing a category of nondischargeable debt the presumption that equivalent words have equivalent meaning when repeated in the same statute, e.g., Ratzlaf v. United States, 510 U.S. 135, 143 …

[Bankruptcy Code: 11 USC 523(a)]

2. FindLaw: Case Num. 97115

http://laws.findlaw.com/us/000/97-115.html

[This case is under “U.S. SUPREME COURT”.]

… in civil actions for ” ‘willful and malicious injuries to the person or property of another’ “? Id. , at 480. The Tinker Court held such an award a nondischargeable debt. The Kawaauhaus feature certain statements in the Tinker opinion, in particular: “[An] act is willful . . . in the sense that it is intentional and …

[This is less clear. Is the debt nondischargeable because it was established by an “award” by the court? Or is the debt nondischargeable because it was based on “willful and malicious injuries”?

Is the debt is nondischargeable because it was based on an award by a court, it had little application relative to my hypothesis. However, if the debt is nondischargeable because it was based on “willful and malicious injuries,” then it might be possible to sue for specie whenever a defendant was charged with “willful and malicious injuries”.]

3. FindLaw Case

http://laws.findlaw.com/us/523/213.html

[This case under “SUPREME COURT OF THE UNITED STATES”]

… … credit is] obtained by” fraud. The phrase thereby makes clear that the share of money, property, etc., that is obtained by fraud gives rise to a nondischargeable debt. Once it is established that specific money or property has been obtained by fraud, however, “any debt” arising therefrom is excepted from …

[Again, issue of fraud would seem to implicate a nondischargeable debt. The common denominator between “fraud” and the “willful and malicious injuries” in case # 2 (supra) would seem to be the element of INTENT. There can’t be “intent” in the fictional realm—only conduct or perhaps “effects”. Intent could only be committed only by living men (not legal fictions or even double personalities). Thus, any question of intent would implicate a living man necessarily acting on The State and perhaps give rise to at least the option to sue for damages/ debts payable in specie rather than legal tender.

This implies that “actual” and “intentional” necessarily implicate the “real” and natural world (laws of nature and nature’s God) of “The State” while “constructive” implicates “this state”/legal fiction.]


… a ‘fine, penalty, or forfeiture’ ”). Because each use of “debt for” in §523(a) serves the identical function of introducing a category of nondischargeable debt the presumption that equivalent words have equivalent meaning when repeated in the same statute, e.g., Ratzlaf v. United States, 510 U.S. 135, 143

4. FindLaw: Case Num. 97115

http://laws.findlaw.com/us/523/57.html

[“U.S. SUPREME COURT”]

… in civil actions for ” ‘willful and malicious injuries to the person or property of another‘ “? Id. , at 480. The Tinker Court held such an award a nondischargeable debt. The Kawaauhaus feature certain statements in the Tinker opinion, in particular: “[An] act is willful . . . in the sense that it is intentional and …

5. FindLaw: UNITED STATES v. SOTELO, 436 U.S. 268 (1978)

http://laws.findlaw.com/us/436/268.html

[“U.S. SUPREME COURT”]

… was to limit the nondischargeability of certain debts. And yet the Court holds today that the enactment of 17a (1) (e) of that statute results in a nondischargeable debt without regard to whether that debt would have been totally nondischargeable before the passage of 17a (1) (e) – that is, without the slightest …

[Bankruptcy Act à 11 USC 17a(1)(e)]

Filed under "The State" vs. "this state", Money

May 29, 2008

Location of the Debtor

080528

TITLE XXXIV-A
UNIFORM COMMERCIAL CODE

CHAPTER 382-A
UNIFORM COMMERCIAL CODE

ARTICLE 9
SECURED TRANSACTIONS

Part 3
Perfection and Priority

Subpart 1. Law Governing Perfection and Priority

Section 382-A:9-307

382-A:9-307 Location of Debtor. –

[The critical word appears to be “location”.]
(a) “Place of business.” In this section, “place of business” means a place where a debtor conducts its affairs. [This, in turn, implies that all businesses are debtors and/or that all who engage in business must be debtors. To engage in “business” and/or business “affairs” is to be a debtor. Perhaps, “business” is defined as only possible “in this state”; perhaps all “business” is conducted in terms of legal tender, and all legal tender implicates “this state”. Thus, any “place of business” must be “in this state”. That, in turn, implies that all who enter “this state” may be presumed to be debtors. Perhaps there are no “creditors” “in this state”. Maybe “this state” is only for “debtors” while “The State” it the “place of lending” (rather than “place of business”/ “place of debtors”). This would imply that the fiction “ADASK” is always deemed to act “in this state” and is always acting as a debtor. If so, then the man “Adask,” conversely, would then have to be the eternal “creditor” living/existing “within The State”.]


(b) Debtor’s location: general rules. Except as otherwise provided in this section, the following rules determine a debtor’s location:
(1) A debtor who is an individual is located at the individual’s principal residence. [Residence is only for “individuals”? To have a “residence” is to be an “individual”? To be an “individual” means you must be also be a “resident”?]
(2) A debtor that is an organization and has only one place of business is located at its place of business. [Apparently, “business” is associated with an “organization”. To be “in business” implies the existence of an “organization”. If I had guess, I’d bet that the “business organization” includes a bank account. I.e, even if you are a “self-employed” tradesman, if you have a business bank account, that would be part of your “organization”.]
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.


(c) Limitation of applicability of subsection (b). Subsection (b) applies only if a debtor’s residence, place of business, or chief executive office, as applicable, is located in a jurisdiction [this state?] whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) does not apply, the debtor is
located in the District of Columbia. [This implies that all debtors are either 1) in Washington DC; or 2) in a “jurisdiction” whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system . . . .”. This implies that each instance of “this state” may be or include such a “registration system”. Therefore, if you 1) deny that you are located in DC; and 2) deny that your “security interest” is established under such a “registration system”—you might be able to defeat the presumption or declaration that you are a debtor.]


(d) Continuation of location: cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be
located in the jurisdiction specified by subsections (b) and (c).

[Once a “person” (not necessarily a man) establishes “existence,” “residence” or “place of business” in jurisdictions (b) or (c), that establishment appears to be permanent and survives his “cessation” (not necessarily death), movement to another residence or place of business in another jurisdiction. This implies that if a person “ceases” to “exist,” that may preclude such person from “establishing” a new existence in some other jurisdiction, but cessation of residence or place of business is irrelevant; and you can have several residences, even if you’re only occupying one.

This is very strange. It reminds me of the IRS being allowed to send notice to “last known address” even if the recipient has been gone for years. There is an implication that the term “located” can or must apply to fictions; that once a fiction is found in jurisdiction (b) or (c) it’s there “forever”.

But, unless existence, residence and place of business really are “forever” (at least in “this state”) there must be a process to “officially terminate” one’s “location” in the fiction.

“Location” appears to be the critical term. Black’s 8th defines:

“location. 1. The specific place or position of a person or thing. 2. The act or process of locating. 3. Real estate. The designation of the boundaries of a particle piece of land, either on the record or on the land itself. . . . [“The record” is “in this state”? The land is within “The State”?] 4. Mining law. The act of appropriating a mining claim. . . . 5. The claim so appropriated.—Also termed (in senses 4 & 5) mining location. 6. Civil law. A contract for the temporary use of something for hire; a leasing for hire. See LOCATIO.”

]

(e) Location of registered organization organized under State law. A registered organization that is organized under the law of a State is located in that State.

(f) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i), a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a State are located:
(1) in the State that the law of the United States designates, if the law designates a State of location;
(2) in the State that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its State of location; or
(3) in the District of Columbia, if neither paragraph (1) nor paragraph (2) applies.
(g) Continuation of location: change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) notwithstanding:
(1) the suspension, revocation, forfeiture, or lapse of the registered organization’s status as such in its jurisdiction of organization; or
(2) the dissolution, winding up, or cancellation of the existence of the registered organization.
(h) Location of
United States. The United States is located in the District of Columbia.
(i) Location of foreign bank branch or agency if licensed in only one state. A branch or agency of a bank that is not organized under the law of the
United States or a State is located in the State in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one State.
(j) Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
(k) Section applies only to this part. This section applies only for purposes of this part.

Source. 2001, 102:25, eff. July 1, 2001.

http://www.gencourt.state.nh.us/rsa/html/XXXIV-A/382-A/382-A-9-307.htm

TITLE XXXIV-A
UNIFORM COMMERCIAL CODE

CHAPTER 382-A
UNIFORM COMMERCIAL CODE

ARTICLE 9
SECURED TRANSACTIONS

Part 3
Perfection and Priority

Subpart 1. Law Governing Perfection and Priority

Section 382-A:9-307

382-A:9-307 Location of Debtor. –
(a) “Place of business.” In this section, “place of business” means a place where a debtor conducts its affairs.
(b) Debtor’s location: general rules. Except as otherwise provided in this section, the following rules determine a debtor’s location:
(1) A debtor who is an individual is located at the individual’s principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(c) Limitation of applicability of subsection (b). Subsection (b) applies only if a debtor’s residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) does not apply, the debtor is located in the
District of Columbia.
(d) Continuation of location: cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c).
(e) Location of registered organization organized under State law. A registered organization that is organized under the law of a State is located in that State.
(f) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (i), a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a State are located:
(1) in the State that the law of the United States designates, if the law designates a State of location;
(2) in the State that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its State of location; or
(3) in the District of Columbia, if neither paragraph (1) nor paragraph (2) applies.
(g) Continuation of location: change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) notwithstanding:
(1) the suspension, revocation, forfeiture, or lapse of the registered organization’s status as such in its jurisdiction of organization; or
(2) the dissolution, winding up, or cancellation of the existence of the registered organization.
(h) Location of
United States. The United States is located in the District of Columbia.
(i) Location of foreign bank branch or agency if licensed in only one state. A branch or agency of a bank that is not organized under the law of the
United States or a State is located in the State in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one State.
(j) Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
(k) Section applies only to this part. This section applies only for purposes of this part.

Source. 2001, 102:25, eff. July 1, 2001.

Filed under "The State" vs. "this state", Fictions

Categories
Ask Utopia Silver

Rash

Q:
Hi Utopia Silver,

I have had a rash for 6 months and have been to several doctors no one has a clue to what the rash is.  My skin is red and scaly and burns if I sweat when I exercise.  I am at my wits end is it possible to have a yeast infection on your face? I have been told Rosacea, dermatitis, etc.  Please any info would be great.

Stephanie in Ohio

A:
Hi Stefanie,

It could be any of those and the only way to determine if the silver will help is to try it. We have had many who claimed success with silver for both problems. Use topically just on the affected area and 1 or 2 ounces a day for 4-5 days may be beneficial.

Have you considered the possibility that it may be some environmental contaminant, possibly even detergent in your clothes and sheets. I always double rinse everything I wash that has any chance of coming into contact with my skin.

You may also want to try our Silver Aloe or Aloe Gold Skin Therapy Soaps as well. http://utopiasilver.com/products/supplements/skincare.htm

You are appreciated in Utopia.

Ben Taylor
Utopia Silver Supplements
830 966-2315
www.utopiasilver.com

Notice: We are not doctors and we suggest that you consult a healthcare professional,preferably a qualified naturopathic doctor or one who has been trained in integrative medicine if you have a life or health threatening illness. All opinions and information presented by me are done as an exercise of the unalienable right of free speech.

Categories
Ask Utopia Silver

Eye Infection

Q:
Hello Utopia Silver,

I have two questions, one is how much of the silver does one use if there is a chronic problem of red eyes caused by viral infection? Is the silver taken internally or in drop form right into the eyes?.

Two : How much of the silver does one take if one has a virus such as herpes and a cold.  These are chronic problems for me.  I don't really know why, could be that my immune system is not strong enough.

I have your product (silver) but I'm not sure how much I take.

Thank you for your response.

Claudia M.

A:
Hi Claudia,

From my experience and that of others, a few drops in the eyes every few hours for a day usually does the job. In the case of chronic eye infection, I have even flushed with an eye cup. Most people take it orally at the same time to give additional support.

How much to supplement with for any problem varies considerably from individual to individual. When I start catching a cold or flu, I will do an ounce or two every 3-4 hours for a day or two. It usually knocks it out or shortens the duration considerably.

Herpes is a very difficult issue to deal with; it tends to lie dormant in the joint of the jaw with Simplex 1 and at the base of the spine with Simplex 2. This makes it very difficult to get the silver in contact with it until an outbreak. At such time, it can be used topically, which will shorten the infected period and also orally. Again, how much is difficult to determine, but it will probably takes several ounces a day for a week or so. Sporadically active and then dormant viruses are not easy to kill, but you may be able to give support to your immune system so that outbreaks are less frequent.

You are appreciated in Utopia.

Ben Taylor
Utopia Silver Supplements
830 966-2315
www.utopiasilver.com

Notice: We are not doctors and we suggest that you consult a healthcare professional,preferably a qualified naturopathic doctor or one who has been trained in integrative medicine if you have a life or health threatening illness.

Categories
Natural Remedies

Cramping

• Yogurt or Calcium/Magnesium . Eat two cups of yogurt a day in the days or week leading up to your period and you should not be moody or have cramps when your monthly period comes. If you don’t like yogurt, take a calcium/magnesium supplement. Continue during the time of your menstrual period. Calcium and magnesium deficiencies may be the cause of PMS or PMS-like symptoms. With either one, you should see a big difference in your cramps and your attitude.
Inositol . May relieve PMS symptoms and aids in nerve impulse transmission and helps prevent estrogen-related cancer.

• Acidophilus. Relieves symptoms by breaking down metabolites of estrogen.

Flaxseed Oil and Primrose Oil . These oils supply gamma-linolenic acid (GLA), an essential fatty acid that is important in relieving symptoms and aiding proper glandular function.

Vitamin B Complex and B12 . Crucial in the relief of stress and is essential for proper functioning of the adrenal gland.

• Pumpkin Seeds. Eat pumpkin seeds about a week before your menstrual period (a handful–1/4 of a cup a day) and your cramps should be non-existent. Also eat them as a snack during the period.

• Hot water and ginger. Boil the water and stir in two to three tablespoons of ginger and drink it up. You should feel better in 30-45 minutes.

• Dill pickle juice. Drink a half cup when you feel a cramp coming or as soon as it strikes. One heaping teaspoon of salt in water (1 to 2 to one glass) may also do the trick if you have no pickle juice handy.

• Oregano and water. Take three tablespoons of essential oil of oregano and mix with one liter of water, then bring to boiling and continue to boil for five minutes. Strain and drink as tea. You should feel better soon and continue to feel well for an entire day. Caution. Do not use ‘fragrance oil’, which is chemically manufactured.

Categories
Healthy Recipes

Salad Pizza

It’s no secret: Americans have a love affair with pizza. But conventional toppings like pepperoni, sausage and extra cheese aren’t doing your waistline (or your arteries) any favors. Step outside the box and try topping a whole-wheat pizza crust with a cool, crisp salad. You’ll enjoy the crunch of a traditional pie and benefit from the added fiber, nutrients and phyto-chemicals.
Ingredients:
1 medium bunch (about 2 cups) arugula or other leafy greens, rinsed, drained and finely chopped
1 large tomato, seeded and chopped
1 small red onion, finely diced
1 small red bell pepper, cut into thin strips
1 small yellow bell pepper, cut into thin strips
2 tsp. extra virgin olive oil
2 tsp. red wine vinegar
Whole-wheat pizza dough, or pre-baked whole-wheat pizza shell, roughly 12-inches in diameter (for example, whole-wheat Boboli)
Dash of Garlic powder (optional)
Dash of Oregano (optional)
3/4 cup low-sodium pizza sauce
1/4 cup grated reduced-fat Parmesan cheese

Preheat the oven to 425 degrees.

Instructions:
Place the greens in a mixing bowl. Add the tomato, onion and peppers. Meanwhile, in a small bowl mix the oil and vinegar. Add the dressing to the salad, and toss it with a fork. Set it aside.

If you are using fresh dough, roll it out and let it rise according to the package directions. For some added flavor, consider sprinkling the dough with garlic powder and oregano before baking. Top the dough or pre-made pizza crust with the pizza sauce, leaving a 1/2-inch border. Bake the dough for 8 minutes or until the crust is crisp. If you choose to use a pre-made pizza shell, bake it according to package directions.
Remove the crust from the oven and, while the pizza crust is still hot, cover it with the salad greens. Lightly sprinkle the top with the grated Parmesan cheese.

Cut the pizza into individual servings and serve immediately. Makes 4 servings.

Per serving: 280 calories, 8 g total fat (3 g saturated fat), 46 g carbohydrate, 12 g protein,
7 g dietary fiber, 500 mg sodium.