November 2006


General27 Nov 2006 01:03 pm

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SPIDER JONES: Heavyweight Champion of Inspiration

 by: Mike Parker

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Young Charles Spider Jones was a boy with a dream. He wanted to be like his idol, Alan Freed, the disc jockey credited with coining the phrase Rock & Roll . Spider was out-going, friendly, and optimistic, possessing the desire to achieve his goal. Then he was hit by racism.

In school, racist attacks became an everyday occurrence. Spider s confidence evaporated and his self-esteem plummeted. Spider gave up and dropped out of school. For years, Spider lived on the streets of Detroit running with a gang. He scrapped, stole, and was on a dead-end course that landed him in jail.

As he got older, Spider channelled his street smarts into boxing, ultimately winning three Golden Glove Championships. After boxing, he tried his hand at a variety of jobs, but learned quickly that he was once again stuck in a dead-end situation.

When you haven t got an education, employers will exploit you, says Spider. I decided that if I ever wanted to achieve my dream and provide a better life for my family, I had to get the education and skills.

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His boyhood dream was once again alive. At age 30, living in Toronto with his wife and four kids, Spider quit working and went back to school. Attending Seneca College, Spider encountered a whole new set of challenges. It was frightening. Here I was, 30 years of age with a ton of street and ring smarts, and I was in classrooms with 19 year olds.

The low self-esteem that had plagued Spider all his life returned, and he began to have doubts in his ability to finish school. If it wasn t for the support of professors and counsellors, I would not have made it to the end. Spider credits Alvin Curling, (current Speaker of the Legislative Assembly of Ontario) then the head of Student Services, for believing in me and giving me reason to carry on. Spider went on to earn two degrees in broadcasting.

Spider Jones book, Out of the Darkness: The Spider Jones Story , chronicles his unrelenting rise from street punk to radio personality. Currently the host of his own show on CFRB, Spider dedicates much of his spare time to speaking across North America to kids, recounting his own journey from gang life to broadcaster.

Kids react well to Spider s message - that no dream is unattainable. The kids are fascinated by my story and are motivated. In 2003, Spider was named Ontario s first ambassador for skilled trades. It was just one more way Spider could encourage kids. They hear me and know that they can be something without being a rocket scientist. Dubbed the Heavyweight champion of Inspiration , Spider takes pride in motivating young people to be positive .

Going back to school as an adult is never easy. Spider has some advice to people considering it.

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Don t just think about it, do it. And don t quit. Just take a deep breath. Don t wait for opportunities make them

Spider s next book, How to K.O. low self-esteem & bring your dreams into reality in 10 rounds , will give people a 10 step program to overcome adversity. When you overcome any challenge, you will feel great!

About The Author

Mike Parker is the Content Manager for www.employmentnews.com and for various publications - Employment News, TheJOBguide, CAREERS Plus and Training Places - printed by Trader Media Corporation in Toronto, Ontario, Canada.

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General25 Nov 2006 01:03 pm

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INTRODUCTION

Personal names are intangible assets which are used more and more often by enterprises, as they increasingly rely on the market appeal of famous people to sell products. Many personal names have a high level of recognition and awareness at all levels of society and as a result can have a high economic value. In practice, once the status of fame is reached, the name may be used in many commercial activities with a fair prospect of profitable business.

When Michael Jordan s name was once used in Nike products, within a certain period of time, fans and consumers alike stopped saying I am wearing a pair of Nikes , and instead began saying I have a pair of Jordans , eventually turning this model of Nike basketball shoes into a powerful brand. Jordan s brand has since been extended to a wider range of products and even services (restaurants). Many other famous people or celebrities allow their names to be used in connection with perfumes and other products. Such products connote a feeling, an experience of success, and the image of the person lending their name.

In the People s Republic of China, famous people also register their names as trademarks; however, in China, the successful registration of a personal name depends on its cultural value as well as its market appeal. In some cases, people associate a given name with values and moral standards, which could eventually frustrate the effort to register with the Chinese Trademark Office, as the Lu Xun case illustrates.

The Lu Xun Case
Lu Xun is a famous writer in China, who was born in Shaoxing, East China’s Zhejiang province on Sept. 25, 1881. Shaoxing is a Chinese geographic location known for its famous yellow wine (绍兴黄酒). Some of his literary works are required reading for all Chinese students who attend middle school throughout China.

Needless to say, Lu Xun (as far as I know) never attempted to apply for registration of his personal name as a trademark before he died back in 1936. As a historical note, the first Chinese Trademark Law was enacted under the Qing Dynasty in 1904.

In 2001, Lu Xun s grandson founded a wine company, which he named after his grandfather. He also filed an application to register Lu Xun as a liquor brand on behalf of the family. The application was rejected by the Trademark Office, which also prohibited any commercial activity concerning Lu Xun. The grounds for refusing its registration was the contention that it is improper to use the name of one of modern China s greatest writers for commercial activities. The Trademark Office alleged that as a public figure, Lu Xun s fame is not only owned by his family, but by the whole of society.

The applicants have appealed to the Trademark Review and Adjudication Board. They also successfully registered a trademark using simply the characters for Lu Xun in Japan in October 2001. Also in China, an art school successfully registered Lu Xun as a word mark, but the trademark comprised more Chinese characters than merely those of Lu Xun (鲁迅艺术学院)(in English, Lu Xun Art School). We set out the options for Lu Xun s descendants and those wishing to register personal names, in general.

1. Options under the Amended Copyright Law of the PRC

Personality Rights
As an author of literary works, Lu Xun was entitled to both personality and property rights. While the latter have a term of protection of 50 years after the author s death, the former are unlimited in time. The economic rights expired a long time ago.

According to the Regulations for the Implementation of the Copyright Law of the PRC, the inheritance of economic rights contained in copyright shall be executed in accordance with the Law of Inheritance. Chinese morality and social customs suggest that Lu Xun s descendants have the obligation to maintain the reputation of their ancestor, an obligation which with the economic rights having expired- can only be carried out through the enforcement of his personality rights before the courts. But personality rights comprise the right of authorship, alteration of one s work and the right of integrity (protection against distortion and mutilation), which are not pertinent to the present case.

Also, according to Article 9 of the General Principles of Civil Laws, A citizen shall have the capacity for civil rights from birth to death and shall enjoy civil rights and assume civil obligations in accordance with the law . It is clear then, that only a living person can enjoy the right to determine, use, or change his/her personal name; his descendants may only inherit those property rights deriving from the name for the limited period of time stated in the PRC Copyright Law.

Authorship
Another key issue, moreover, is that copyright protection extends only to original works of authorship. Article 3 states clearly the kinds of works that can be protected by copyright. To be protected by copyright, a work must contain at least a certain minimum amount of authorship in the form of original literary, musical, pictorial, or graphic expression. Names, titles, and other short phrases do not meet these requirements and, therefore, are not entitled to copyright protection, even if the name, title, or short phrase is novel, distinctive and/or lends itself to a play on words.

Because the trademark registered by the art school does not refer to any of Lu Xun s works over which to claim authorship, the descendants are defenceless in this respect.

The descendants can claim copyright through neither economic nor personality rights, only through a bare moral and social obligation to respect and defend the reputation of Lu Xun. Authorship is a personality right, and as such is enforceable no matter the time, as opposed to economic rights, which expire 50 years after the author s death.

2. Options under the Amended Trademark Law of the PRC

The Trademark Law of the People s Republic of China, Article 8, provides a definition of what signs may constitute a mark, whether a trade, service, collective or certification mark:

Any visible sign capable of distinguishing the goods of a natural person, legal person, or other organization from those of others, including words, graphs, letters, numerals, three-dimensional signs and combinations of colours as well as combinations of foregoing elements .

The Country s Trademark Law has no provisions forbidding the adoption of famous names as trademarks. Practice indicates, however, that the personal name which is to be applied for trademark registration must have a clear connection with the name and with what it represents. In this respect, for instance, any athlete known to the people may register his name as a sportswear brand.

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Although not explicitly included in China s Trademark law when defining what may constitute a trademark, portraits of individuals are also registered as trademarks with the consent of the given person.

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What rights then, if any, exist under the trademark law in terms of protection of personal names?

When defining what a trademark is, most legal texts will apply to any word, name, symbol, or device, or any combination used or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods .

As discussed, in foreign countries, it is common for big celebrities to commercialize their portraits or names, or for companies to use famous names to brand products, such as Napoleon wine and the Churchill cigar, but this is not a common practice in China, especially when it comes to the names of politicians these names cannot be registered as trademarks.

A harmful effect for social morality?
Article 10.8 establishes that any sign which infringes upon the socialist morality or practice or of other harmful effects may not be used nor registered as a trademark .

Making a connection between Lu Xun and alcohol can definitively be claimed as a negative social influence. However, it can be argued that grape-based wine is the only alcohol with proven health benefits and might be considered a health-conscience activity in China, as well as a fashionable trend and a more upper-class activity. The Chinese government is promoting grape-based wines as an alternative to grain-based alcohol, grain that could be used to feed China s massive population.

Beatrix Potter, also a deceased famous writer, was registered as a Community Trademark in February 2004 by the publishing company which owned the already expired copyrights for her works. But contrary to the Lu Xun case, the goods to be marketed do keep a relationship with the author s reputation.

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A possibility for Acquired Distinctiveness?
Another discussion about personal names within the context of this case is whether or not consumers could come to associate the deceased writer s name with the said goods, and not really about registering personal names at all since the product (wine) is not attached to any actual person seeking to use his or her personal name.

Article 11.3 provides the grounds to refuse registration, as opposed to Article 10.8 which prohibits both use and registration, thus leaving room for the use of the mark in question. Specifically, Article 11.3 prohibits the registration of any sign which is devoid of any distinctive character . Therefore, the sign listed in the paragraph above may be registered as a trademark if it has acquired a distinctive character following the use and is easy to distinguish.

This option would surely leave Lu Xun s reputation vulnerable to tarnish, for if the goods bearing the Lu Xun trademark were of a poor quality, consumers would say Lu Xun wine is so bad, eventually harming the reputation of a name of such a great influence in the PRC. But if the wine so branded started to be successful among consumers, it might in practice- acquire distinctiveness through use. On this basis, it can be concluded that if if Lu Xun s descendants were to operate the wine company and grow its reputation, a trademark registration might be successful.

An example of this is the Lu Xun Art School, founded in 1938 and enjoying an excellent reputation in the educational field. The registration of the鲁迅艺术学院 trademark can only serve as a way to honor the deceased author. Of course, that school is conducting a commercial activity on its own, like that of selling goods bearing the name, but contrary to Lu Xun s descendants, Lu Xun is only part of the overall trademark. Perhaps, a trademark like鲁迅孙子的酒公司 (Lu Xun s Descendants Wine Co.) could be an alternative.

Thus, while personal names may be registered as trademarks in China,
1.There must be consent from the person.
2.There must be a clear connection between the name applied and the company or product.
3.It must not infringe the social morality or practice or of other harmful effects.
4.It must be distinctive.

3. Conclusion

If Lu Xun were alive today, he would have probably tried to benefit from the protection conferred by a trademark registration. Could we still see today a famous writer being denied registration of his name because people have come to associate it with moral values? The Amended Trademark Law of the PRC lacks any reference to the registration of personal names or portraits, but if harm to the social morality is not an issue, then the law may not be that different from other legal systems.

From this study case, we can conclude that,

1.Presumably, as long as the personal name is not held in such moral, historical, cultural esteem in China to be considered owned by all of society, one should be able to register that name;
2.As suggested above, if the descendant s wine company were to gain a reputation over time, an eventual trademark registration might be successful; and
3.If as for the Lu Xun Art School, the trademark application was changed to Lu Xun s Descendants Wine Company, the application might be successful.

Established in 1992 as one of the first private law firms in China, Lehman, Lee & Xu employs a highly-experienced team of over 110 lawyers, patent and trademark agents representing both foreign and Chinese clients throughout China in a variety of enterprises. With branches in various Chinese cities including Beijing, Shanghai, Shenzhen and Hong Kong, Lehman, Lee & Xu is considered a leader of the re-established Chinese legal profession. The firm has been recognized by the media and the Chinese Ministry of Justice as one of the best law firms in China. For more information, please visit the firm s website at www.lehmanlaw.com.

About the Author

Jordi Llopis hails from Spain and works in the Beijing office of Lehman, Lee & Xu.

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General24 Nov 2006 01:01 pm

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A Saturday morning expedition with the kids brought me an unexpected surprise. Certainly I had some expectations of our outing to the “Healthy Kids Day” at the local YMCA. Mildly entertained children, yes. Gentle reminders to make healthier choices, yes. But newfound inspiration to help others (and ourselves) preserve precious photographs? That I wasn’t expecting!

It happened during a conversation with a firefighter. I was impressed by this humble man from the start. Not by his appearance or by his communication skills, but by his simple willingness to serve. In his role as a firefighter, he has missed out on many family gatherings and holiday celebrations. He is just one of many caring individuals who generously volunteer their time to protect our small towns.

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Then he said something that really amazed me. He recalled a recent fire, and he described how he went into the lower portion of the house and began taking all of the family photos off of the walls. He carefully stacked them all on a bed and wrapped them up in a blanket to protect them from smoke and water. It goes without saying that the family was extremely grateful and also surprised by the man’s compassionate actions. In explaining his actions, the firefighter went on to say the words that we have all heard countless times, “Those things can’t be replaced.” He said that he’s been through the pain of losing a father and losing a son, and aside from the people in his life, nothing is more valuable than the photographs!

I’m sure we’d all agree that our photographs truly are our most prized possessions. And while I hope that we may we never be in a position to rely on a selfless firefighter; I have to wonder: Are we doing all that we can to protect our precious photographs? Are we treating our precious photographs with the significance that we say they hold in our lives?

A fire or a flood is an unthinkable tragedy; one that I hope none of us ever need to face. But what about the other hazards that we subject our photos to every day? Many people relegate these most precious possessions to an acid-filled shoe box, where they will suffer great damage, slowly and silently.

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Copyright 2003-2004, by The Sentimental Playground. Article may be reprinted with permission.

About the Author

Christine Sutton and her business partner, Tracey DuBois, have helped countless people organize, protect, and enjoy their precious photographs.

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General20 Nov 2006 01:00 pm

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Organizing for Today, Tomorrow and the Next Day

 by: Tys Sniffen

Getting organized is hard. If it weren’t, we wouldn’t put it off until it got even harder. There are hundreds of books out there on how to get organized; they have ideas on how to work in your garage, in your living room, in your mind, in your job. They offer every sort of idea for every sort of situation… but you know what happens to most of those books? They end up in the middle of some pile on our disorganized tables and desks.

What we need is some simple, applicable ideas and systems that we can start applying today. Here are my suggestions that I’ve come up with after working with all different sorts of clients and situations.

First of all, get an ‘information assistant’ (IA) that you can carry with you throughout your day. A paper-based daily planner, a personal digital assistant (PDA) like a Palm Pilot, or even a simple notebook where you keep everything written down (those are harder to keep organized, but don’t think you need to spend a bunch of money on this tool).

Once you have that IA, use it. Have it be your calendar, your address book, your notebook, your reference page, your task list. Use it every day, and keep it up to date. I now always recommend a digital solution (like a Palm) if you already have a computer as these are much easier to keep updated, and are generally easier to carry around. I love that I can carry mine in the breast pocket of my sports coat. I used to have a paper planner, but I’d never take it with me in the evenings. Kind of hard to ‘hit the town’ with a notebook under your arm. More importantly, more and more of our lives are connected to the internet, and this flood of information will only grow. In addition, the data on a PDA can be backed up almost instantly, so if you lose it, there’s no loss of information.

It takes a bit of time to get used to these tools, and of course you run into problems setting them up. It’s a bit like a computer Once there’s one on your desk, it’s all set up and you know how to use it, you get a lot done but it took a while to get used to it. Plan on learning how to use your PDA so you’re not fumbling around with it.

Now that your information is organized, let’s look at the other important aspects of getting organized. Look around your office or home: what disorganized stuff is bugging you? If there’s one particular room, or corner, or drawer that really bothers you, tackle that now. Try to deal with this one space until it’s cleared, but if you can’t finish in one or two hours, don’t worry, just come back to it again, until you’ve got that biggest ‘monkey’ off your back. Once you feel the lightness from that, you will be more ready to tackle the next one.

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How do you tackle that spot? By applying two main rules to each and every piece of paper or stuff: (1) If it takes less than two minutes to deal with (to file it, to act on it, or to trash it), do it now. If it takes longer than two minutes to deal with, “contain” that project (meaning file/box it), and put it on your calendar to deal with it in the next week. (2) If you haven’t used it in over a year, toss it.

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An example of this might be a crafts table, piled high with craft ideas, old mail, maybe a couple of shoe boxes of photos. (Sounds sort of familiar to many of us, doesn t it?) Well, for example, take those photos, put them in a container that they just fit in, and put on your task list/calendar a time when you will get to that project. Now, you’ll probably not find the 7 hours you’ll need to put those photos in order all in one block, so plan on spreading that project out over time. Keep going through that pile using these two ‘golden rules’ of organizing.

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The first step for ‘tomorrow’, Day 2: Managing time.

A great way to figure out ‘where the time goes’ is to spend a day tracking where you spend your time. You’ll be surprised at how much of that day is spent on things you didn’t expect. Your work can be full of interruptions, distractions, problems, moments of relaxation, etc. Try to keep track of what you’re doing for one whole day, in 15 minute increments. Do you really intend to spend 3 hours a day responding to email and/or surfing the web?

Set up systems that allow you to focus on your priorities when you want to. Do things such as:

  • Set your email program to only check for email 3 times a day, not every minute. That way you won’t be tempted/bothered when that latest email ‘dings’ into your inbox.
  • Don’t answer the phone. Let the machine get it, and return calls all at once, on your schedule, when you re ready. Plan an hour in the morning, and an hour in the afternoon.
  • Be smart about messages and emails you do send. Don’t just call back and say, “yes, let’s talk about that”.. Say, “Yes, let’s talk. I’d like to follow up on point A before we talk, and if you could handle point B and just CC me on the email, that’d be great. Call me back at either 4pm Tuesday or 11am Wed.” In other words, move the conversation along, and give others options to choose from that work for you.

Step Two for Day Two: Setting priorities and scheduling review

We’ve all heard about setting goals and breaking them down into manageable, achievable chunks… Now it’s time to prioritize those chunks and get them on the calendar. Then add a weekly review onto that calendar so you can look back at what you did in the last week, and what you’ll do in the next week to meet those goals.

The big issue disorganized folks have is that they work really hard to get organized, then in a couple of days or weeks, it’s all back to normal, and those great goals and lists are buried. A solution might be to share your weekly priorities with a friend or colleague who will hold you accountable And you do the same for them. (You could make a bet that if one of you doesn’t get through your list, you have to buy dinner that week.)

Setting priorities and sticking to them is really hard for all of us. This is why organizational tools that spread your ‘core’ values into your everyday consciousness are such good organizational tools. Steven Covey’s ‘Seven Habits of Highly Effective People’, the Franklin Planner’s goals and values process, and it s why I suggest looking at your long term goals at least once a week during your weekly review. You need that reminder on a regular basis.

And the next day: Future steps.

As your systems start to fall into place, and you start to feel the benefits of getting organized, build on that momentum and start looking at what your overall life goals are, and what influences you. When you start working smarter and more effectively, you have to ask yourself what you’re going to do with the extra time? Are you going to work more to accomplish more? Or do you want to take that time to do something else? You certainly haven’t become more organized just so you can do more sitting in front of the TV have you?

Where do we look for models of how we want to live once we get the clutter out of our way? The following three cultural influences can be excellent guides for helping us focus our goals.

Zen and martial arts

As you gain mastery over your time and your ’stuff’, look to become a master of whatever you do. The cultural precepts of most Asian martial arts, from Tai Chi to Kung fu closely follow precepts of Zen philosophy. As I attempt to understand what they’re about, I read it as ‘practice what you do until you can do it effortlessly, automatically. Do it in a reverent, loving way. Once you have mastered that action, move on to the next level, and focus again, on the present action.’ Once you see the connection between your focus, clarity and the need for a clutter free, prepared environment, you will not want to move back to the old ways of distraction and stress again.

American ‘Can Do’ digital age

There’s always a better way to do things, and American culture is always trying to invent it. There’s much in the American way that can distract you from your new-found organization, like consumerism and greed But you can also use this influence to always be looking at how to bring more efficiency to all your projects. Is there a paperless way to do what you have in mind? Do you need to carry all that computer equipment? Can we do a ‘virtual meeting’ instead? Adaptation and absorption is the norm in American society Use this opportunity to do more in less time.

La Dolce Vita

The Mediterranean culture has long had a handle on ‘the sweet life’. From Morocco to Jordan they have always prized time with family, time for art, music, food, for life. Italians are aghast when they learn Americans only get two weeks of vacation… Turks struggle to understand how American male friends don’t spend time together discussing politics, art, and relationships A two hour lunch with your family on a workday is not an indulgence, it’s expected. Let the Mediterranean culture influence your new found time. Focus on life, and living, not simply working more.

The goal of looking at these different important influences as you look to get your life organized is to create a *lifestyle*, a way of living that allows you to focus on what’s important, to do more, grow more, and to live better. Get started today.

About The Author

Tys Sniffen, Founder of Idea Mountain, has helped hundreds of individuals and small businesses deal with what s slowing them down. Working nationally, he consults both in person and virtually with clients to help them be more organized, work better, and get more out of life. Please visit www.ideamountain.com for more information, or call 415-606-7746

tys@ideamountain.com

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What s your main purpose as a father?

Isn t it to prepare your kids to be happy, healthy, successful people in their own lives?

What s the best way to do this?

One effective method of preparing them for their own lives is to give them a heavy dose of the word that not enough kids are getting today. That word is the N word, or the word no.

We all deal with a certain amount of frustration in our everyday adult lives. We are frustrated at our jobs, in our relationships, and by circumstances that we have no control over. Over time we learn to handle frustration better and to turn it into challenges and opportunities that we work through.

People who can handle frustration successfully tend to have happier and more successful lives. They learn to be resilient and to appreciate what they ve accomplished and what they ve received.

How about your kids?

Are your kids being frustrated enough? Are there high enough expectations being placed on them? Are you saying no enough and are you allowing them to have opportunities to be frustrated and to work through it?

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There are a lot of kids today receiving boatloads of gifts and gadgets from their parents who aren t being given many responsibilities within their families.

If you re not allowing your kids to be exposed to responsibility and frustration, and if you re not liberally giving out the N word to them, you may be creating monsters within the confines of your home.

Many parents have gone through hard times in their lives and naturally want to spare their children the same fate that they experienced. They have a very difficult time seeing their children struggling and allowing them to deal with it.

The result of this choice is that many children today get almost everything they want in terms of clothes, electronic gadgets, toys etc. The amount of stuff they receive and the new products that they want keep growing every year.

Try comparing what your children get in terms of their most wanted items to what you get in your life. Is it a close comparison?

It s clear that many parents are preparing their kids for a life that s out of touch with the real world. The same kids who have so many material possessions often don t appreciate or take care of what they do have. Why should they? There will probably be more goodies coming soon.

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Fathers who say no to their kids on a fairly regular basis take a big step towards ensuring that their kids are happy, responsible, and successful.

Here are some specific actions that dads can take:

If you re married, consult with your wife about what your dose of the N word will be. Creating a unified front will strengthen your position and cause fewer conflicts.

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Never do things for your children that they can do for themselves. Allow
them to be frustrated and to learn to be more resilient.

Consider an allowance for your kids, even if they re quite young, so that they can develop a sense of responsibility with money and a sense of taking care of their things.

Take stock of your children s possessions. Do they have way too many things? Are their some things that might be better suited for Goodwill?

Foster an environment of appreciation for the things you have. Model this appreciation in how you care for the things you own and how you use them.

Limit the number and price of the gifts your kids receive at holidays and parties. Donate or give away the gifts that they aren t very interested in. Talk to your relatives and friends if necessary about what you re trying to do.

It s difficult at times to see your kids struggle with the many challenges of being young and inexperienced. Frustration is a constant companion of kids as they learn the many skills and demands of living their lives.

Fathers can make an extremely important choice for themselves and their children when these frustrating moments arise. They can see the opportunity for their kids to learn from these moments by having to work through these feelings.

Fathers who are really interested in the success of their kids are motivated by doing what works for their kids in the long run.

Fathers who are interested in having their kids feel good much of the time and who feel good themselves when they can rescue their kids from frustrating feelings are more interested in being the savior.

The message here comes in loud and clear for your kids: Your dad doesn t think you can handle this.

Remember that some day your kids will figure these things out for themselves.

When they do, they ll thank you for allowing them to struggle.

About the Author

Mark Brandenburg MA, CPCC, is the author of 25 Secrets of Emotionally Intelligent Fathers (http://www.markbrandenburg.com/e_book.htm#secrets. For more great tips and action steps for fathers, sign up for his FREE bi-weekly newsletter, Dads, Don t Fix Your Kids, at http://www.markbrandenburg.com

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10 Simple Ways to Say, I Love You

 by: Rondi Hillstrom Davis and Janell Sewall Oakes

We re teaching our kids to be consumers at an early age. Look at the number of superhero and product endorsement Valentines on the store shelves.

We, as parents, are sucked in by the media to believe that we need the latest, greatest gadget or fad for our kids.

Share your love by giving of your time, not your pocketbook. What can you give your kids instead?

Here are 10 simple suggestions:

1. Slip a handmade valentine or a simple note into your child’s lunch box.

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2. Take a walk together in the woods or your favorite park.

3. Jot down a line from your favorite poem. Share it with family members.

4. Kiss your kids goodnight.

5. Read a chapter book together.

6. Have family dinnertime together.

7. Turn off the TV. Have a pizza night and rent and watch a movie together.

8. Have a picnic in the park after the soccer game instead of stopping for a fast meal on the way home.

9. Have each family member write down one reason why they appreciate every other family member. Write your reasons on a tag and use ribbon to attach them to a batch of your favorite cookies. Let every family member find his own special cookies.

10. Help your kids write a letter to a family member who lives far away. Write the first few lines of a story and instruct the recipient to write the next, and then return the letter. Your story can continue indefinitely.

This year, instead of store bought Valentines, give the gift of time spent together.

What special Valentine tradition does your family share? Please let us know. Contact us at info@togetherparenting.com

You have permission to reprint this article electronically or in print, free of charge, provided that each article is:

  1. Printed in its full form with no changes
  2. Includes an active link
  3. A courtesy copy of your publication is sent to the above contact
  4. And the following byline appears at the bottom of each article:

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About the Authors: Rondi Hillstrom Davis and Janell Sewall Oakes are the co-authors of the award-winning book Together: Creating Family Traditions. To check out their website that’s jam packed with family ideas, visit

To subscribe to their online newsletter, go to

About The Author

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Auto Accident Lawyers

 by: Maricon Williams

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Automobiles can cause grave accidents leading to serious injuries. A large percentage of auto accidents are caused by negligence and recklessness of drivers. Some are due to intoxication or drug influenced drivers. A number are caused by poorly designed roads and improper traffic signals. It can also be caused by a defective vehicle or tire.

In times of auto accidents, it is important to know how to react in order to protect your rights and to make sure that you do not commit errors that can finish up costing you a sum. There are certain measures that you should take to keep in control with the situation. When involved in an auto accident, do not leave the premises because it is against the law and it will be difficult to pinpoint who is to be held liable for the accident. Get medical attendance right away. If there is already a police, make an official report to help protect your legal rights in the future. In addition, you can also write down important details such as the names, phone numbers, license plate numbers and addresses of the persons involved or who has witnessed the accident. If possible, you can take pictures of the auto accident scene. Never discuss the accident with anybody other than your auto accident lawyers.

In today s fast paced world auto accidents occur too frequently. The consequence varies. Majority results are minor property claims. Some car accidents result in substantial property damage, serious personal injury or death. The instantaneous aftermath of a serious auto accident are simply overwhelmed by the barrage of telephone calls, insurance paperwork, accident reports, treatment costs, medical bills, paperwork and other correspondence that are received immediately after an auto accident. It is almost unworkable for someone who has been severely injured and in the process of recovering to delve into this mass of paperwork, procedures and deadlines. Most of the time, while victims are under treatment for their injuries, the insurance companies are trying to mitigate their damages through personal injury payout or auto accident settlement. As a result of these instantaneous aftermaths, car accident victims do not receive reasonable compensation to which they are entitled.

Personal injuries can range from minor to critical state. As a result, this involves hospitalization, therapy, ongoing medical visits and loss of income. These things can be recovered through the assistance of skilled auto accident lawyers. Insurance companies usually defend accident cases. Their goal is to make and accumulate as much money as possible. On the other hand, an experienced auto accident lawyer uses his knowledge and expertise for the client s advantage. Auto accident lawyers are the most credible persons to advice you of your legal rights and options and defend you in your legal battles. You should get the services of an auto accident lawyer early on in order to be enlightened and be assured of your case.

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About The Author

Maricon Williams

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Questions and Answers on the Hague Convention on the Civil Aspects of International Child Abduction

 by: Trent R. Wilcox

Q: What is the Hague Convention?

A. The Hague Convention is a term used to cover a number of international treaties on different areas of the law, ranging from commercial issues, legal procedures and money judgments to international child abduction and adoption. There are many Conventions, each covering a different topic and having its own title. This Q&A publication is concerned with the Hague Convention on the Civil Aspects of International Child Abduction, first created October 25, 1980 and since ratified by the U.S. and many, but not all, countries.

Q: What is the purpose of the Hague Convention on the Civil Aspects of International Child Abduction?

A: The Hague Convention on the Civil Aspects of International Child Abduction is an attempt to deal with situations where a person has wrongfully taken a child(ren) from one country to another or keeps them in a country without the other parent s permission or legal authority to do so. In other words, this Convention concerns wrongful removal/retention from the child s state of habitual residence (country of residence).

Q: What is the responsibility of each country that signed the Hague Convention on the Civil Aspects of International Child Abduction?

A: Each signatory to the treaty agreed to set up a Central Authority to organize each case and act as a clearinghouse for international child abduction issues. For example, the United States Department of Justice was designated the U.S. Central Authority and, in turn, delegated much of that authority to the National Center for Missing and Exploited Children (NCMEC). Some countries signed on to the treaty but have not put much funding nor effort into implementation. Each government has a great deal of power over cases under the Hague Convention on the Civil Aspects of International Child Abduction once transferred within their borders. The referring country, of course, has no real authority at all and therefore one must rely on the individual government where the child has been taken to use that power. Often, a diligent attorney working on a child abduction case is the key to having a child returned.

Q: What resources are available to the Central Authority?

A: Each country is very different in the resources they apply to Hague cases, ranging from almost nothing to highly sophisticated and coordinated systems. In the U.S., for example, the United States relies on the National Center for Missing and Exploited Children to coordinate efforts among volunteer attorneys throughout the United States, Interpol, the FBI and also local police where abducted children are found. In addition, the National Center maintains contact with the requesting parent and their representatives.

Q: How does a case under the Hague Convention on the Civil Aspects of International Child Abduction proceed?

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A. A party can go in one of at least two procedural directions to start a case. One, the party may independently find and retain an attorney in the jurisdiction where the child is found. The other method is for the party from whom the child was wrongfully removed may make a direct application to the Central Authority in either the child s habitual country of residence or the country s Central Authority in which the child is found to seek assistance. The Central Authority then coordinates with an attorney or other proper entities in the proper jurisdiction. Following this, the normal procedure is to have the attorney file paperwork with the local court requesting that the court (1) order local law enforcement or another entity to pick up the child, (2) set a hearing, and (3) order the child returned to the proper custodian and country. Once the child is secured, the court holds the hearing quickly thereafter to review the facts of the case and decide whether returning the child is proper. It is not necessary for the parent from whom the child is abducted to attend the hearing but it is often more convincing for them to testify in person there. Additionally, it is nice for that parent to be present because courts, when warranted, will normally order an immediate return following the hearing and it is often best for the parent to be there to comfort the child and accompany the child home.

Q: How does the Hague Convention on the Civil Aspects of International Child Abduction relate to custody?

A: The short answer is that it really does not relate to custody. One purpose of the Convention is to simply return children to their state of habitual residence so that a court there with proper jurisdiction can make the appropriate orders regarding the child. The court in the jurisdiction that a party is asking to order the return of a child is not making a custody decision at all; rather, it is just sending the child back to the child s residence where the proper court can make further rulings. Following a child s return, there is nothing in the Convention that prevents the proper court in the child s state of habitual residence from thereafter giving one party or the other custody, visitation or even from allowing one party or the other to take the child out of the jurisdiction again (albeit this time with the proper court permission). Note that if custody proceedings are occurring in the country to which the child has been wrongfully removed/retained, those proceedings are to be put on holduntil a decision under the Convention is made.

Q: What are possible defenses to having a court order the return of a child?

A: There are several possible defenses that may apply to a particular case, although the different courts in various countries have interpreted the Hague Convention on the Civil Aspects of International Child Abduction somewhat differently. Generally speaking, the Hague Convention allows the following defenses:

1. the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention;

2. there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation;

3. the judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views;

4. The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.

Q: Are there timeframes that apply under the Hague Convention on the Civil Aspects of International Child Abduction?

A: A number of them, including:

1. Children who have attained the age of 16 years are not covered by the Convention.

2. If a child has been wrongfully removed for less than one year, the child s removal is to be ordered forthwith under the Convention.

3. If a child has been wrongfully removed for more than one year, the child should still be returned but an exception is allowed a court may choose not to return the child if there is evidence that the child is settled in his/her new environment.

4. Courts should act quickly in such cases but if one has not reached a decision within six weeks from the date proceedings commenced, an applicant or the Central Authority of the requested State may officially request a reason for the delay.

5. The Convention only applies to wrongful removals/retentions occurring after the treaty became effective between the involved countries.

6. Generally, the Convention requires that countries act without delay in child abduction cases that fall within its parameters.

About The Author

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents from various countries in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and when he gets a chance to practice, carries a +3 to +4 handicap.

Phoenix office:

3030 N. Central Ave., Ste. 705

Phoenix, Arizona 85012

Ph: 602-631-9555 Fx: 602-631-4004

Goodyear office:

1616 N. Litchfield Rd., Ste. 240

Goodyear, Arizona 85338

Ph: 623-344-7880 Fx: 602-631-4004

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Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

Copyright © 2005 Wilcox & Wilcox, P.C.

trent@wilcoxlegal.com

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