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Richard Hawley has released the final two of the whisky-inspired tracks from his 'Dufftown Songs' set.
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Registration deadline: Wednesday, June 9. After you register, you will receive an email from the teacher within a few days prior to the start of the class. It will contain the Zoom link to attend and any other notes from the teacher.
Learn the fundamentals of good songwriting, from idea to construction to finished product. In this workshop, you'll explore:
- Song form and structure: verses, choruses, bridges, intros, outros, A sections, B sections, and more
- Ways to start writing a song: starting from a title, subject, lyric, melody, rhythm, and more
- Ways to finish writing a song: chipping away until the song feels great, listening to your gut, and getting to the place where any change makes the song different (but not necessarily better!)
- Using sensory information, similes, and metaphors
- Using rhymes and near-rhymes
- Connecting lyrics to music and/or music to lyrics
- Songwriting exercises and how to practice writing: stream of consciousness free-write, writing about what you see in front of you, writing at least one line every day for a week, and more exercises to spark your creativity
Elliot Racine is a San Francisco-based musician, songwriter, music educator, and performer. His music can be characterized as funk, jazz, and experimental all at once, and he is known for incorporating many different folk instruments into his work. Lyrically, Elliot takes us from the deeply personal in songs such as “Far and Away" to the consciously social in songs such as “Holiday." His compositions range from beautiful to explorational with pieces such as “You, Me, and Mount Tamalpais” and “How Many Sounds from a Piece of Bamboo?". While Elliot’s recordings feature instrumentation and production, his live performances feature communication and spontaneity, and no two Elliot Racine performances are ever the same. Elliot released his album Curiosity in 2016 and in between regular gigs is in the process of creating his next album. You can find out more about Elliot at elliotracine.com. Photo by Fanny Garcia. | https://store.dustystrings.com/p-8508-june-12-songwriting-from-start-to-finish-with-elliot-racine.aspx |
Coldplay have invested in a flashing wristband business and will get fans to wear them during their concerts to increase audience participation.
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The pop star and actress on her new film, TikTok, and that yet-to-be-released song in the credits.
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It’s (Still) Punk Rock and Roll to Avril Lavigne
The music icon on her new album, the lasting legacy of Let Go and finding love again. | https://www.ellecanada.com/culture/music/coldplay-invest-in-flashing-wristbands |
Danish guitarist JENS LARSEN is one of two founding members of the Dutch based Jazz Quartet TRAEBEN. The band has just released its brand-new record "Looking at the Storm". Putting a modern paint on contemporary jazz guitar playing, GuitarMania wanted to learn more about Jens’s approach to composition, his YouTube channel, and the new TRAEBEN record.
Swing, modern jazz voicings and ambient rock textures: JENS LARSEN knows how to invoke different styles to create a unique voice on the guitar. Born in Denmark in 1973, Jens started playing guitar at the age of twelve, and studied mathematics and computer science at the University of Aarhus where he graduated in 1995. After spending two years in Copenhagen, he embarked on a study at the Royal Conservatory in the Hague from 1998 to 2004, graduating cum laude with a masters degree in jazz guitar in 2004.
Jens, you have just released a new record with TRAEBEN entitled "Looking at the Storm". How long did it take you to write the tunes, and to record the album?
I am always working on music so some songs I'd written two years in advance just after the previous Træben album “Push”. I usually have too many songs for an album and then during rehearsals we select songs to record. As for how long we took to record the album, that's quite simple it was recorded in two days at the Fattoria Musica studio in Germany. Since we are a jazz band we record everything live and then go in and fix something if we have to, but most of the time this record is what we recorded live in the studio. What was new for me was also that I went in and double-tracked some of the riffs. This was an experiment the Micha our sound engineer suggested and something we wanted to have the option to use in the mix, which we did quite a few times.
How many of the new tracks are yours?
I wrote seven of the nine songs, Olaf Meijer our bass player wrote the other two.
Please tell us about your approach to composition?
I don't really have one, each song is written in a different way. Sometimes I might have an idea for a chord progression and a groove or mood, and sometimes I just start with the melody. Often everything is sort of happening at the same time. I started to record myself when I am composing which is great because I can capture the mood of the song at that moment much better. It is also changing how long it takes me to write a song everything from 30 minutes to several days. When it gets really annoying I am sometimes stuck in a piece and working on it for a few days and then I end up throwing it away.
On the new record we have worked a lot with mixing rock with jazz to get some new sounds and grooves to play on and challenge us to improvise in a jazz way in a different setting. That is another aspect of composition for me, it is also a tool to explore and develop my playing.
Can you please tell us about the equipment you used? To what extent does it differ from what you use live?
I am using pretty much exactly the same equipment live as I am on the records: My Ibanez AS2630 into an Fractal Audio AxeFX Ultra and then live I amplify that with one or two QSC K10 monitors. The sound live is completely the same as in the studio, I made another patch in the studio because I wanted to route it differently, but that's it. That kind of consistency and control is one of the main reasons for using the digital AxeFX. It sounds great and you can use it for anything. I am also never depending on sound engineers putting microphones on my speakers, etc. which I am very happy with, since that can really alter the sound if it is not done right. I could probably go on for days about how great the AxeFx is great for all sorts of work I do ...
We understand that POLYCORN are working on a remix of one of the songs from the Træben album?
Yes POLYCORN did a remix of the song “Better Than The Other One”. It is finished and we are looking forward to releasing it! It's so great that he is open-minded about mixing electronic music and live music like ours and I am very proud of the result. I don't think that many jazz artists get their stuff remixed. As a composer it was really fun to hear what he made of the song.
Jens, I read in your biography that you studied mathematics and computer science. I am not sure how it is in the Netherlands, but in Austria chances are that you would earn quite some money by having such a degree. Why have you chosen to make a living as a musician instead?
That is the same here. I think people only become musicians because they cannot help it - in the sense that they have no other choice - at least that was how it was for me. I just had to try if I could be a guitarist and I seem to manage, which I am quite proud of!
Let us turn to the jazz and music scene in the Netherlands. Has it become easier or more difficult to make a living as a jazz musician in the Netherlands?
It's probably more difficult everywhere to be a musician, though I think it was always difficult. In Europe there was traditionally funding for a lot of culture in both education and entertainment but that has often disappeared so that makes a lot of things tricky. I am trying to live my life so that being creative does not mean only working with an art form but also being inventive in how I earn money.
I understand that teaching is a very important aspect of your work as a musician. Can you please tell us about your experience: on the one hand, you are teaching guitar at the Royal Conservatory in the Hague and at the British School in the Netherlands, and on the other hand you also do online lessons, and you have a successful YouTube channel.
I love teaching. It's a lot of fun most of the time and doesn't matter all that much if it is kids playing METALLICA or BULLET FOR MY VALENTINE, or grown ups doing Jazz or Classic Rock. I like music, and most genres have something I can relate to and enjoy. In fact I think I've learned a lot from checking out stuff for my students.
As for my YouTube channel, I started that as an experiment to reach more people . First, just by publishing lessons (without video) on Ultimate Guitar, and later with the videos it sort of started to become it's own thing (I started less than a year ago). Through the channel I've gotten to know a lot of people, been on tour in Spain, recorded a guest solo fro Chris Zoupa's EP and some demo videos for some companies. I did not expect it to be received so well, I get almost only positive feedback and a lot of support which I am very grateful for. The contents of my videos are mostly based on subjects that I anyway cover with my jazz students and then presented in a form that makes it easy to absorb and apply (I hope).
One big difference is of course that you get feedback from the student during a lesson, so if something needs clarifying then you just do that. Another one is that I usually know the level of the student so I won't start lessons on something that the student isn't ready for. That's impossible in a video lesson. I get the impression that many people don't understand that when you have lessons you pay money for someone to listen to your playing and tell you what to work on and how to work on it. All the information you can find on the net and in books.
Please tell us about your background: what made you learn an instrument in the first place?
That's really simple: When I was 12 my best friend had guitar lessons on Thursdays and did not have time to play with me, so I wanted guitar lessons too. Then I had lessons on Mondays... But I really liked it and gradually through the years changed from Classical guitar to Electric guitar and in my 20's I found myself liking Jazz and wanted to learn how to play that. I think that change came from the realization that what I really like is making music with other people, and classical guitar is quite lonely.
What are your main influences as a musician?
Difficult question. There are so many. I guess a lot of Blues, especially SRV, JIMI HENDRIX and ERIC CLAPTION. At the same time I really listened a lot to PEARL JAM and RAGE AGAINST THE MACHINE. When I started playing jazz I quickly got into JOHN SCOFIELD, PAT METHENY and a little later KURT ROSENWINKEL. Besides guitarists, I also listen a lot to saxophone players like JOE HENDERSON and WAYNE SHORTER and piano players like BRAD MEHLDAU and HERBIE HANCOCK. Lately I find myself coming back to ALLAN HOLDSOWTH a lot because he really seems to have his own melodic language.
Please tell us about your top five albums of all time?
That probably changes all the time with me but right now in no particular order: MILES DAVIS ”The Complete Concert”, ALLAN HOLDSWORTH “Sixteen men of Tain”, KURT ROSENWINKEL “East Coast Love Affair”, JOE HENDERSON “So Near, So Far”, KEITH JARRET Trio “Still Live”.
Going back to teaching: what would you say is the most common mistake beginners make? And what about more advanced players?
All students are different of course, but often beginners spend too little time just learning a song and playing it with track or with other people, which is what later will motivate you and really make you learn it well. To some degree that is the same for advanced players: time spent to internalize the stuff they are trying to learn so it becomes second nature. I catch myself doing that too, by the way.
Many players that are not professional musicians often do not have much time for practicing besides their jobs, family, etc. Is there a particular exercise that you think is particularly beneficial when developing one's skills?
Not really, for some they can spend more time and less energy practicing scales, others would rather focus for 15-20 minutes on something like a song. It's difficult, but if you are old enough then try to take into account what kind of person you are and get your teacher to help you break things down into smaller goals so you feel yourself progressing with the practice you do.
If you were to give one piece of advice to young aspiring musicians, what would that be?
Find a band! Music is a social activity and it is thousands of times more fun to play with other people, even if it means leaving you ego on a shelf and playing some music that you is not your first choice. The most important thing with music is to do make sure you get something out of it. That may mean being a professional musician and a lot of work or it might be something completely different to me that is all fine. It's hard to recommend making music for a living when you have to be at least as creative to make any money with it. But at the same time I really love what I do and would never want to do anything else than play guitar.
Thank you Jens. We wish you all the best with your new record, and hope to seeing you and TRAEBEN live on Austrian stages soon.
Equipment
Guitars
Ibanez AS2630
Yamaha SG1000
Epiphone Sheraton
Gibson ES-175
Fender SRV signature strat
Amps
AxeFx Ultra through QSC K10, with FCB 1010 midi controller. | http://guitarmania.eu/index.php/interviews/283-traeben-interview-with-jens-larsen.html |
Newborns who sleep for longer stretches should be awakened to feed. Wake your baby every 3–4 hours to eat until he or she shows good weight gain, which usually happens within the first couple of weeks. After that, it’s OK to let your baby sleep for longer periods of time at night.
Can I let my 6 week old sleep through the night?
Do not let your newborn sleep longer than five hours at a time in the first five to six weeks. Thereafter, you can keep the following general milestones in mind: By four months, most babies begin to show some preferences for longer sleep at night.
How long should 6 week old sleep night?
Most babies this age sleep “through the night,” meaning 6 to 8 hours in a row. It can help to stimulate your baby during the day, keep things calm at night, and have a regular bedtime routine.
How long can a 6 week old go between feedings at night?
Feedings should be spread out to every three to four hours or so (and maybe even more spread out at night), though demand feeding is still generally the way to go, especially for the breastfed set. Of course, with all that eating comes lots of pooping. Your baby will still be averaging a few bowel movements each day.
Should I let my newborn sleep 6 hours at night?
Generally, newborns sleep a total of about 8 to 9 hours in the daytime and a total of about 8 hours at night. But because they have a small stomach, they must wake every few hours to eat. Most babies don’t start sleeping through the night (6 to 8 hours) until at least 3 months of age. But this can vary a lot.
How do I get my 6 week old to sleep longer stretches at night?
6 ways to help your baby sleep through the night
- Put your baby down drowsy. “Instead of waiting until she’s out, put her down when she’s almost asleep,” says Nieman. …
- Don’t assume she’s hungry. …
- Create a bedtime routine. …
- Stretch out night feedings. …
- Don’t rush into solids.
12 апр. 2018 г.
How do I play with my 6 week old?
Games for Your 6 Week Old Baby | 0-3 Month Games
- Mirrors All Around: Take baby around the house. Share your reflection in each mirror. …
- Lap Baby: Soothe baby on your lap. …
- Sing Song: Play on floor with baby while they stay on their tummy. …
- Songs in Motion: Sing a song like “Wheels on the Bus” or “Itsy Bitsy Spider.” Use hand motions to get a reaction out of baby.
What should I do with my 6 week old awake?
Here are some other ideas for encouraging your newborn to learn and play:
- Put on soothing music and hold your baby, gently swaying to the tune.
- Pick a soothing song or lullaby and softly sing it often to your baby. …
- Smile, stick out your tongue, and make other expressions for your infant to study, learn, and imitate.
Is it OK to put baby to sleep without burping?
Even if your baby falls asleep, try burping them for a few minutes before placing them back down to sleep. Otherwise, they make wake up in pain with trapped gas. Not all babies burp, though, no matter if it’s on their own or with your help.
What should my 6 week old baby be doing?
By 6 weeks, your baby may be more adept at feeding efficiently, with breastfeeding sessions lasting around 15 to 20 minutes. Your baby’s bowel movements may also change significantly this week.
What happens at a 6 week growth spurt?
Growth spurts
While your baby will experience a growth spurt that lasts several days when he is 10 days, 3 weeks, 6 weeks, 12 weeks, 4 months and 6 months of age, it is often the 6 weeks growth spurt that new parents notice the most. … During a growth spurt your baby may become more fussy and unsettled than usual.
How many Oz should a 6 week old drink per feeding?
General Guidelines for Baby Feeding:
Babies might only take in half ounce per feeding for the first day or two of life, but after that will usually drink 1 to 2 ounces at each feeding.
Can a newborn go 7 hours without eating?
Newborns should not go more than about 4–5 hours without feeding.
Why does my newborn stay awake for hours?
K: When periods of wakefulness are too long for them to tolerate, or they are overstimulated for too long, babies can become overtired. This means that they stay awake too long in between naps or go to bed too late based on how well they slept during the day.
When should you start tummy time?
The American Academy of Pediatrics says parents can start tummy time as early as their first day home from the hospital. Start practicing tummy time 2-3 times each day for about 3-5 minutes each time, and gradually increase tummy time as baby gets stronger and more comfortable. | https://chloetoesboutique.com/little-baby/should-i-let-my-6-week-old-sleep-all-night.html |
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As some of you have read or heard, Steven and I have experienced our fair share of car troubles over the past week. Last Current Track Obsession I was telling you about the two flat tires we got from a pothole, and then Saturday Steven had another stroke of bad luck.
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On his way home from taking care of his car with the dealership, the right wheel of my car flew off. Luckily, he was okay! My car did not fare as well. It currently sits at the same car dealership that Steven's car was at, waiting for an insurance agent to give it a damage assessment. 🎉 We at least finally have Steven's car back as of Tuesday. So life is a little easier than it was for the three days we went without a vehicle.
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But, yesterday was the start of something new... and it felt sincerely amazing. You know those really good days, you wish that every day could be like? It was the perfect balance of work, fun, love, relaxation, and creativity. Yesterday made me optimistic in May. 🥰 And to top off its beautifulness- it was encompassed with music from my NEW May playlist Bloomin' Beats.🌺
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Here are the 5 tracks that really stuck out (and the ones that will probably forever remind me of May 5th, 2021.)
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I also thought this week it'd be fun for me to give you each artist's Insta bios because I sincerely have so much fun reading them while putting my Current Track Obsession blog posts together! I feel they can be a sincere representation of how the singer or band views themself and gives you a peek inside their personal brand! (Can you tell I've been doing a lot of brand work? 🤣😅)
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1️⃣ Dirty Dancing - Fionn
Fionn
👯♀️ @alannafinnmorris@briannefinnmorris
She/Her x2 |Harmony Hounds| Word enthusiasts | 604 Records | Presave our EP ‘Candid Constellations’✨⬇️
* It's been a while since I've heard a group I've been THIS excited about. Like I'm overjoyed every week, but Fionn's got me on another level. Why? The stunning vocals, the unique use of electronic styles and fun dance beats, with mastery for simple, genuine but not lame lyrics. "Dirty Dancing" is only the beginning of these twin's list of hits. Both "Taste For It" and "Let Me Go" have only solidified my addiction for the sounds these two are giving off. They are a MUST listen! Like Now.
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2️⃣ Love Is Complicated - Drive!Drive!
Drive!Drive!
Musician/Band
not another internet pop band.
Stream our latest single ⬇️⬇️⬇️
* Okay, I think having the "not another internet pop band" line in their bio makes me like them more, even though I think that's kind of hard. You see as soon as I heard "Love Is Complicated" take over the stereo yesterday driving in the mountains, I was instantly hooked. This song does such a great job of being an interesting slow, ballad type song. Usually, I'm not a huge fan of something that doesn't scream uptempo beat to me- but this one does something to me. And don't even get me started on their new track "You're So Cool." I can't get enough of these guys!
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3️⃣ Kubrick - 1990nowhere (Olivver the Kid, Lostboycrow, Armors)
1990nowhere
Musician/Ban
* Okay, you're probably thinking to yourself- well that's not much of a bio. BUT, this is a recently formed group of three very talented artists (Olivver the Kid, Lostboycrow, Armors) who all have very real accounts, with much more to say in their bio. 🤣 I'm not going to paste all of them here. What I am going to tell you here is YES to this combination. Like, whoever had this amazing idea to bring these individuals together to create magic- they need to be paid more. It's the perfect sweet spot of unique, funk, rock, boy band, and everything in-between. It's hard to describe it's awesomeness. But once you listen, check out this whole album "Picasso" because there are some really special tunes here.
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4️⃣ Hot Blooded - New Constellations
New Constellations
Musician/Band
Two friends following their dreams. @harleecase and @joshdotorg “Hot Blooded” out now on all platforms 👇👇
* The coolest melody this week goes to "Hot Blooded" by New Constellations. This group formed of two friends (see how much you can learn from a bio?!) is just downright chill, seductive, and HOT. And this song of theirs is moody in all the right ways with a fun little surprise at the end. I'm in love with Harlee's smooth and yet raw vocals mixed with the incredible instrumental track New Constellations has created. Oh, and did I mention this is their DEBUT?!?!?! Like- hop on this fan train now it's only going to start speeding up from here.
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5️⃣ Alone Is Better - Jack Fruit
*A Tiny Explicit*
JACK FRUIT
Musician/Band
he/him • let’s be friendss 🖤 • tiktok: @iamjackfruit • i write songs about my ex • listen to “wrong but worth it” ⤵️
* Honestly, having "i write songs about my ex" in his bio makes all of Jack Fruit's music that much more personal. It's like I am peering into a love story or an ex-love story, and that makes each melody a special story for me. I am infatuated with the realness of "Alone Is Better" in the lyrics and vocals, keeping the backtrack very simplistic to really let the message ring out. It's one of the things I love most about this song, and why it's on this week's Current Track Obsession. If you become addicted to Jack Fruit's sound, then I HIGHLY recommend checking out his latest release "wrong but worth it."
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I hope these newest additions to the Current Track Obsession 🎧 playlist put an extra spark into the start of your month of May. And if you like what you hear make sure to check out the latest monthly playlist filled with songs from new artists and a few Current Track Obsession features including The Aces, Gregory Dillon, Mat Kearney, and Jax Andersen just to name a few! 💗
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✨ And that's week 15!! Remember a new 5 tracks hit Current Track Obsession each and every Thursday *usually* at 12 pm CST (11 am MST.) AND since April wrapped up at the very end of last week this Sunday at 9 pm CST the latest monthly of CTO will hit the blog where you can find out the top 5 music 🎶 discoveries of my month. ✨
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Sending you lots of positive vibes and love as always! | https://www.therbrooks.com/post/currenttrackobsessionvolxv |
Sensory neurons from streptozotocin (STZ)-diabetic rats exhibit depolarization of mitochondria and the related induction of reactive oxygen species has been proposed to contribute to the etiology of sensory polyneuropathy in diabetes. There is deficient neurotrophin-3 (NT-3)-dependent neurotrophic support of sensory neurons in diabetes and treatment of STZ-diabetic rats with NT-3 prevents neuropathological alterations in peripheral nerve. Therefore, we hypothesized that loss of NT-3 may contribute to mitochondrial dysfunction in sensory neurons in diabetic sensory neuropathy. The specific aim of this study was to determine whether treatment of STZ-diabetic rats with systemic NT-3 could prevent depolarization of the mitochondrial inner membrane potential (Δψm). In vitro studies with cultured DRG neurons from control rats revealed that treatment with 50 ng/ml NT-3 for 6 h enhanced the Δψm, e.g., a higher polarized membrane potential, compared to untreated neurons (P < 0.05). Studies on DRG sensory neurons from control vs. STZ-diabetic rats demonstrated that NT-3 therapy prevented the diabetes-induced depolarization of Δψm (P < 0.05) in parallel with normalization of diabetes-dependent deficits in sensory nerve conduction velocity. Furthermore, alterations in mitochondrial function in vitro and in vivo correlated with the level of activation/expression of Akt in DRG neurons. | https://discovery.dundee.ac.uk/en/publications/neurotrophin-3-prevents-mitochondrial-dysfunction-in-sensory-neur |
27 May ChemoBrain Linked to Decreased Dopamine Release
MedicalResearch.com Interview with:
Michael A. Johnson Ph.D
Associate Professor
Department of Chemistry
University of Kansas
MedicalResearch.com: What is the background for this study? What are the main findings?
Dr. Johnson: We undertook these studies because chemotherapy induced cognitive dysfunction, also known as ‘chemobrain’, has become a major health issue in recent years. For example, up to a third of patients who have undergone chemotherapy treatment for breast cancer have reported symptoms of chemobrain. These symptoms may include loss of verbal and visual memory as well as decreased mental flexibility and difficulty focusing.
For this study, we wanted to understand how treatment with chemotherapeutic agents affects the ability of neurons to communicate. An impairment of neurotransmitter release would imply that communication is hindered. This inability to communicate normally could contribute to cognitive dysfunction.
We initially measured the release of dopamine in a region of the brain called the striatum. Our measurement of dopamine in this region was motivated by two key issues: its importance in cognitive function and our ability to measure it with high temporal resolution. From a cognitive standpoint, dopamine is important because the striatum helps translate signals, received from the cortex, into plans by forwarding wanted signals to other parts of the brain and suppressing unwanted signals. Fortunately, we can easily measure dopamine release using an electrochemical technique called fast-scan cyclic voltammetry. This method allows us to not only measure how much dopamine is released from a living brain slice, but also it affords us the capability to measure how quickly dopamine is taken back up. We also measured serotonin release using this method.
Our main finding was that the ability of neurons to release dopamine was impaired after carboplatin treatment. We also found that serotonin release was similarly impaired. These release impairments corresponded to a decrease in cognitive ability of the treated rats.
MedicalResearch.com: What should readers take away from your report?
Dr. Johnson: The overall message of our findings is that treatment with chemotherapeutic agents has the potential to significantly alter the ability of neurons to function. In the case of carboplatin we showed that two different neurotransmitter systems were significantly impaired. It is likely that other neurotransmitters, such as glutamate and GABA, are also affected by carboplatin treatment, as well as other forms of chemotherapy.
Another important aspect of this work is that a decrease in cognitive performance accompanied treatment with carboplatin. However, I want to emphasize that while this study implies a role of dopamine and serotonin in cognitive dysfunction, it does not demonstrate cause and effect. Certainly, additional studies would be required to show that release alterations of dopamine or any other neurotransmitter are the cause of cognitive impairments.
MedicalResearch.com: What recommendations do you have for future research as a result of this study?
Dr. Johnson: In the future, it will be important to identify the importance of neurotransmitter release impairment on the expression of chemobrain symptoms. Additionally, studies aimed at identifying the underlying causes of these impairments, such as modification to proteins that mediate the release of neurotransmitters or morphological degradation of neurons, should be pursued. Also, additional studies on the effects of inflammation, suggested by others to play a role in chemobrain, are important.
MedicalResearch.com: Is there anything else you would like to add?
Dr. Johnson: Chemobrain is likely a complex issue, especially since it has been associated with a number of chemotherapeutic agents and cancer patients often take a combination of drugs. I would be surprised if there was any single alteration occurring in the brain that is solely responsible for cognitive decline.
Citation:
Sam V. Kaplan, Ryan A. Limbocker, Rachel C. Gehringer, Jenny L. Divis, Gregory L. Osterhaus, Maxwell D. Newby, Michael J. Sofis, David P. Jarmolowicz, Brooke D. Newman, Tiffany A. Mathews, Michael A. Johnson. Impaired Brain Dopamine and Serotonin Release and Uptake in Wistar Rats Following Treatment with Carboplatin. ACS Chemical Neuroscience, 2016; DOI:10.1021/acschemneuro.5b00029
Note: Content is Not intended as medical advice. Please consult your health care provider regarding your specific medical condition and questions.
More Medical Research Interviews on MedicalResearch.com. | https://medicalresearch.com/mental-health-research/chemobrain-linked-to-decreased-dopamine-release/24737/ |
The brain is a complex organ that requires various nutrients to operate efficiently. While there are a lot of factors necessary to keep the body running, it also helps to be familiar with the important ones that keep your brain running.
Thiamin (B1) is necessary for brain function. Thiamin, and other B class vitamins are a group of water-soluble vitamins that help cells convert carbohydrates into energy for the brain and nervous system. Thiamin also helps with muscle contraction and conduction of nerve signals. When consuming thiamin, consider foods such as salmon, pork, flax seeds, navy beans, green peas, tofu, brown rice and asparagus. A healthy amount would be 1.2 mg per day.
Folic acid (B9) is another B vitamin beneficial for the brain. B9, along with B6 and B12 can reduce levels of the amino acid Homocysteine, which has been linked to strokes, artery disease and dementia. While B9, along with B6 and B12 have not been shown to improve cognitive function, they can help with protecting against future diseases. Folic acid can be found in beans, citrus, leafy greens and rice. A daily dose for folic acid should be 400 micrograms per day for people 14 and up. However, women who are pregnant should consider 400-800 micrograms as the excess folic acid can help with the extra blood needed for pregnancy.
Ascorbic Acid (Vitamin C) is a natural antioxidant molecule that exists within the brain. Vitamin C is beneficial for brain receptors, which are key to protect against Alzheimer’s, Parkinson’s and Huntington’s disease. Ascorbic acid is found in peppers, guava, kale and broccoli. The daily dose for Vitamin C is 90 mg. Given the fact that Vitamin C is also an antioxidant, you may also benefit from the effects of healthier skin and a robust immune system. Ascorbic acid is found in peppers, guava, kale and broccoli. The daily dose for Vitamin C is 90 mg. Given the fact that Vitamin C is also an antioxidant, you may also benefit from the effects of healthier skin and a robust immune system.
Calcium is a vitamin that works with ascorbic acid. Calcium helps to regulate neurotransmitter synthesis/release and neuronal excitability. Calcium has been shown to have an active role in memory as studies have been shown that alterations in neuron function in aging brains could potentially be due to changes in calcium levels. Calcium can be found in seeds, cheese, yogurt, salmon and almonds. The daily dose for this vitamin is 1,000 mg. Also, calcium can be vital to both muscle and nerve health.
Magnesium has been shown to play an essential role in brain plasticity. Brain plasticity is integral for forming new connections and creating neural pathways, which is theorized to be how memories are formed. Magnesium can be found in dark chocolate, avocados, bananas and whole grains. The recommended daily dose for Magnesium is 400 mg.
Zinc is a substance important for brain function. Zinc resides mostly in the Hippocampus and is important for brain transmission, nucleic acid metabolism and brain growth. A lack of zinc can be linked to impaired DNA, RNA and developmental protein synthesis. Zinc can be found in red meat, poultry, beans, nuts and milk. The recommended daily dose for zinc is 9-11 mg.
Nootropics are chemicals that can improve the brain. While some drug companies claim that their brand of these chemicals can improve memory, there are also some naturally occurring nootropics that can be found in weird but healthy foods.
One food that can help improve brain function is mushrooms, specifically, the strain Lionsmane. Lionsmane has been shown to mitigate the effects of dementia and improve cognitive function. In a recent study by Tohoku University in Japan, it showed that mice that were fed Lionsmane had improved short-term and visual recognition memory due to a reduction in Amyloid Plaques within the brain. Amyloid Plaques are a sticky protein like substance that can build up over neurons. When this happens, the buildup can lead to diseases such as dementia. Amyloid plaques can also negatively impact memory and the processing of senses. Bonus: Lionsmane tastes like lobster.
Another naturally existing nootropic is Sulforaphane. Sulforaphane is a compound found within broccoli sprouts,cauliflower, kale, and cabbage. Sulforaphane has been shown to help with side effects linked to autism. In a recent study conducted by the University of Massachusetts, Sulforaphane was given to 29 young men in an 18-week study. Data taken from this study found that patients experienced improvements with social interaction, and verbal communication. Similar to Lionsmane, Sulforaphane can also help in reduction of amyloid plaques. a study conducted by Seoul National University concluded that mice fed Sulforaphane showed a reduced accumulation of 2 specific amyloid plaques linked to Alzheimer’s disease.
Sustaining your daily dose of these vitamins, and implementing more natural nootropic based foods such as Broccoli sprouts, and Lionsmane, are both key factors in jump starting your brain. | http://aztecpressonline.com/2018/09/20/how-to-jump-start-your-brain/ |
Lin AL, Parikh I, Yanckello LM, White RS, Hartz AMS, Taylor CE, McCulloch SD, Thalman SW, Xia M, McCarty K, Ubele M, Head E, Hyder F, Sanganahalli BG. APOE genotype-dependent pharmacogenetic responses to rapamycin for preventing Alzheimer’s disease. Neurobiol Dis. 2020 Jun;139:104834.
The ε4 allele of Apolipoprotein (APOE4) is the strongest genetic risk factor for Alzheimer’s disease (AD), the most common form of dementia. Cognitively normal APOE4 carriers have developed amyloid beta (Aβ) plaques and cerebrovascular, metabolic and structural deficits decades before showing the cognitive impairment. Interventions that can inhibit Aβ retention and restore the brain functions to normal would be critical to prevent AD for the asymptomatic APOE4 carriers. A major goal of the study was to identify the potential usefulness of rapamycin (Rapa), a pharmacological intervention for extending longevity, for preventing AD in the mice that express human APOE4 gene and overexpress Aβ (the E4FAD mice). Another goal of the study was to identify the potential pharmacogenetic differences in response to rapamycin between the E4FAD and E3FAD mice, the mice with human APOE ε3 allele. We used multi-modal MRI to measure in vivo cerebral blood flow (CBF), neurotransmitter levels, white matter integrity, water content, cerebrovascular reactivity (CVR) and somatosensory response; used behavioral assessments to determine cognitive function; used biochemistry assays to determine Aβ retention and blood-brain barrier (BBB) functions; and used metabolomics to identify brain metabolic changes. We found that in the E4FAD mice, rapamycin normalized bodyweight, restored CBF (especially in female), BBB activity for Aβ transport, neurotransmitter levels, neuronal integrity and free fatty acid level, and reduced Aβ retention, which were not observe in the E3FAD-Rapa mice. In contrast, E3FAD-Rapa mice had lower CVR responses, lower anxiety and reduced glycolysis in the brain, which were not seen in the E4FAD-Rapa mice. Further, rapamycin appeared to normalize lipid-associated metabolism in the E4FAD mice, while slowed overall glucose-associated metabolism in the E3FAD mice. Finally, rapamycin enhanced overall water content, water diffusion in white matter, and spatial memory in both E3FAD and E4FAD mice, but did not impact the somatosensory responses under hindpaw stimulation. Our findings indicated that rapamycin was able to restore brain functions and reduce AD risk for young, asymptomatic E4FAD mice, and there were pharmacogenetic differences between the E3FAD and E4FAD mice. As the multi-modal MRI methods used in the study are readily to be used in humans and rapamycin is FDA-approved, our results may pave a way for future clinical testing of the pharmacogenetic responses in humans with different APOE alleles, and potentially using rapamycin to prevent AD for asymptomatic APOE4 carriers.
Keywords: APOE3; APOE4; Alzheimer’s disease prevention; Amyloid-beta plaques; Blood brain barrier; Cerebral blood flow; Cerebrometabolic function; Cerebrovascular reactivity; Cognition; MRI; Neuroinflammation; Pharmacogentics; Rapamycin; Water content; White matter integrity; mTOR. | https://www.metabolon.com/resources/publications/apoe-genotypic-pharmacogenetic-responses-rapamycin-preventing-alzheimers/ |
Recent advances in the understanding of the physiological role of nerve growth factor (NGF) have raised the question of whether neurotrophic factors might have clinical potential in the treatment of neurodegenerative disease or nerve trauma. Although NGF was first characterized as a target-derived survival factor for developing sympathetic and sensory neurons, it is now clear that it plays an important role in the maintenance and regeneration of mature peripheral neurons. However, the highly restricted specificity of NGF for sympathetic neurons, subpopulations of neural-crest-derived sensory neurons, and striatal and basal forebrain cholinergic neurons has, for almost two decades, stimulated the search for other neurotrophic factors that might act on the many classes of neurons that do not respond to NGF. In this article, the biology of the recently discovered NGF-related family of neurotrophic factors and ciliary neurotrophic factor and their receptors are reviewed, especially in the context of the therapeutic potential of these factors in the treatment of neurological disorders of the CNS.
References
Nerve growth factor (NGF) in the rat CNS: absence of specific retrograde axonal transport and tyrosine hydroxylase induction in locus coeruleus and substantia nigra
Cholinergic neuronotrophic factors: intraocular distribution of trophic activity for ciliary neurons
The neurotrophins BDNF, NT-3, and NGF display distinct patterns of retrograde axonal transport in peripheral and central neurons
Brain-derived neurotrophic factor augments rotational behavior and nigrostriatal dopamine turnover in vivo
Neurotrophin expression in rat hippocampal slices: a stimulus paradigm inducing LTP in CA1 evokes increases in BDNF and NT-3 mRNAs
Brain-derived neurotrophic factor prevents the death of motoneurons in newborn rats after nerve section
Molecular cloning of rat trkC and distribution of cells expressing messenger RNAs for members of the trk family in the rat central nervous system
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Brain-derived neurotrophic factor protects dopamine neurons against 6-hydroxydopamine and N-methyl-4-phenylpyridinium ion toxicity: involvement of the glutathione system
Synthesis and localization of ciliary neurotrophic factor in the sciatic nerve of the adult rat after lesion and during regeneration
Ciliary neurotrophic factor prevents degeneration of motor neurons in mouse mutant progressive motor neuronopathy
The trkB tyrosine protein kinase is a receptor for brain-derived neurotrophic factor and neurotrophin-3
NT-3, BDNF, and NGF in the developing rat nervous system: parallel as well as reciprocal patterns of expression
Recombinant human acetylcholinesterase is secreted from transiently transfected 293 cells as a soluble globular enzyme
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The trkB tyrosine protein kinase gene codes for a second neurogenic receptor that lacks the catalytic kinase domain
Brain-derived neurotrophic factor increases survival and differentiated functions of rat septal cholinergic neurons in culture
Identification of cells in rat brain and peripheral tissues expressing mRNA for members of the nerve growth factor family
Regulation of nerve growth factor synthesis/secretion by catecholamine in cultured mouse astroglial cells
Continuous infusion of nerve growth factor prevents basal forebrain neuronal death after fimbria fornix transection
Amelioration of cholinergic neuron atrophy and spatial memory impairment in aged rats by nerve growth factor
The neurotrophins BDNF, NT-3 and NT-4/5, but not NGF, up-regulate the cholinergic phenotype of developing motor neurons
Brain-derived neurotrophic factor enhances striatal neuropeptide expression in both the intact and the dopamine-depleted rat striatum
Regulation of neuropeptide expression in cultured cerebral cortical neurons by brain-derived neurotrophic factor
Ciliary neurotrophic factor prevents degeneration of adult rat substantia nigra dopaminergic neurons in vivo
The alpha component of the CNTF receptor is required for signaling and defines potential CNTF targets in the adult and during development
Brain-derived neurotrophic factor and neurotrophin-3 mRNAs are expressed in ventral midbrain regions containing dopaminergic neurons
Citations
Altered mRNA expression for brain-derived neurotrophic factor and type II calcium/calmodulin-dependent protein kinase in the hippocampus of patients with intractable temporal lobe epilepsy
Brain-derived neurotrophic factor spares choline acetyltransferase mRNA following axotomy of motor neurons in vivo
Corticosterone regulates expression of BDNF and trkB but not NT-3 and trkC mRNA in the rat hippocampus
A novel neurotrophic pyrimidine compound MS-818 enhances neurotrophic effects of basic fibroblast growth factor
Neurotrophic factors and neuro-muscular disease: II. GDNF, other neurotrophic factors, and future directions
Evidence for the participation of nerve growth factor and its low-affinity receptor (p75NTR) in the regulation of the myogenic program
Regulation of nerve growth factor and its low-affinity receptor (p75NTR) during myogenic differentiation
Insulin-like growth factor-I and its receptor in the frontal cortex, hippocampus, and cerebellum of normal human and alzheimer disease brains
Biological characterization and optical imaging of brain-derived neurotrophic factor-green fluorescent protein suggest an activity-dependent local release of brain-derived neurotrophic factor in neurites of cultured hippocampal neurons
Transplants of cells genetically modified to express neurotrophin-3 rescue axotomized Clarke's nucleus neurons after spinal cord hemisection in adult rats
Post-occlusion treatment with BDNF reduces infarct size in a model of permanent occlusion of the middle cerebral artery in rat
Distribution of the vesicular acetylcholine transporter (VAChT) in the central and peripheral nervous systems of the rat
Chronic nicotine treatment prevents neuronal loss in neocortex resulting from nucleus basalis lesions in young adult and aged rats
Effect of quantity and quality of dietary protein on choline acetyltransferase and nerve growth factor, and their mRNAs in the cerebral cortex and hippocampus of rats
Postischemic alterations of BDNF, NGF, HSP 70 and ubiquitin immunoreactivity in the gerbil hippocampus: pharmacological approach
Effects of the Chinese traditional prescription Xiaoyaosan decoction on chronic immobilization stress-induced changes in behavior and brain BDNF, TrkB, and NT-3 in rats
Tunicamycin-induced cell death in the trigeminal ganglion is suppressed by nerve growth factor in the mouse embryo
Enhancement of pheochromocytoma nerve cell growth by consecutive fractionization of Angelica gigas Nakai extracts
Memantine treatment reverses anhedonia, normalizes corticosterone levels and increases BDNF levels in the prefrontal cortex induced by chronic mild stress in rats
Geraniol ameliorates the motor behavior and neurotrophic factors inadequacy in MPTP-induced mice model of Parkinson's disease
Local infusion of brain-derived neurotrophic factor modifies the firing pattern of dorsal raphé serotonergic neurons
Regulation of tyrosine protein kinase receptor Trk-B and motor function in rats following cardiac arrest
Brain-derived neurotrophic factor (BDNF) can prevent apoptosis of rat cerebellar granule neurons in culture
The survival of striatal cholinergic neurons cultured from postnatal 2-week-old rats is promoted by neurotrophins
Trophic and protective actions of brain-derived neurotrophic factor on striatal DARPP-32-containing neurons in vitro
The developing CNS: a scenario for the action of proinsulin, insulin and insulin-like growth factors
BDNF increases the expression of neuropeptide Y mRNA and promotes differentiation/maturation of neuropeptide Y-positive cultured cortical neurons from embryonic and postnatal rats
Demonstration of a second pharmacologically active promoter region in the NGF gene that induces transcription at exon 3
Localization of trkB and low-affinity nerve growth factor receptor mRNA in the developing rat retina
Expression of human metallothionein-III confers protection against serum-free exposure of stably transfected Chinese hamster ovary CHO-K1 cells
Influence of neurotrophic factors on morphine- and cocaine-induced biochemical changes in the mesolimbic dopamine system
Comparative study of brain-derived neurotrophic factor messenger RNA and protein at the cellular level suggests multiple roles in hippocampus, striatum and cortex
Altered neurotrophin receptor function in the developing prefrontal cortex leads to adult-onset dopaminergic hyperresponsivity and impaired prepulse inhibition of acoustic startle
Nerve growth factor restores the expression of vasopressin and vasoactive intestinal polypeptide in the suprachiasmatic nucleus of aged rats
Activation of cultured astrocytes by amphotericin B: stimulation of NO and cytokines production and changes in neurotrophic factors production
Serum brain-derived neurotrophic factor (BDNF) levels in schizophrenia are indistinguishable from controls
Serum brain-derived neurotrophic factor (BDNF) levels in patients with panic disorder: as a biological predictor of response to group cognitive behavioral therapy
No association of the brain-derived neurotrophic factor (BDNF) gene polymorphisms with panic disorder
Is there nicotinic modulation of nerve growth factor? Implications for cholinergic therapies in Alzheimer's disease
Alterations of serum levels of brain-derived neurotrophic factor (BDNF) in depressed patients with or without antidepressants
Heparin-binding epidermal growth factor-like growth factor mRNA expression in neonatal rat brain with hypoxic/ischemic injury
Adenovirus-mediated transfer of the neurotrophin-3 gene into skeletal muscle of pmn mice: therapeutic effects and mechanisms of action
Enhancer substances: selegiline and R-(-)-1-(benzofuran-2-yl)-2-propylaminopentane [(-)-BPAP] enhance the neurotrophic factor synthesis on cultured mouse astrocytes
Effects of dopamine agonists bromocriptine, pergolide, cabergoline, and SKF-38393 on GDNF, NGF, and BDNF synthesis in cultured mouse astrocytes
Dynamic changes in AP-1 transcription factor DNA binding activity in rat brain following administration of antidepressant amitriptyline and brain-derived neurotrophic factor
Serine/threonine kinases as molecular targets of antidepressants: implications for pharmacological treatment and pathophysiology of affective disorders
Involvement of phosphatidylinositol-3 kinase in prevention of low K(+)-induced apoptosis of cerebellar granule neurons
Gestational exposure to methylmercury alters the developmental pattern of trk-like immunoreactivity in the rat brain and results in cortical dysmorphology
Synergistic effects of brain-derived neurotrophic factor and ciliary neurotrophic factor on cultured basal forebrain cholinergic neurons from postnatal 2-week-old rats
Rescue of axotomized rubrospinal neurons by brain-derived neurotrophic factor (BDNF) in the developing opossum, Didelphis virginiana
Clinical and molecular aspects of motoneurone diseases: animal models, neurotrophic factors and Bcl-2 oncoprotein
Physical activity-antidepressant treatment combination: impact on brain-derived neurotrophic factor and behavior in an animal model
Cortical spreading depression induces long-term alterations of BDNF levels in cortex and hippocampus distinct from lesion effects: implications for ischemic tolerance
Spatiotemporal expression of BDNF in the hippocampus induced by the continuous intracerebroventricular infusion of beta-amyloid in rats
Transient changes of brain-derived neurotrophic factor (BDNF) mRNA expression in hippocampus during moderate ischemia induced by chronic bilateral common carotid artery occlusions in the rat
Long-term high-frequency electro-acupuncture stimulation prevents neuronal degeneration and up-regulates BDNF mRNA in the substantia nigra and ventral tegmental area following medial forebrain bundle axotomy
Glutamate release correlates with brain-derived neurotrophic factor and trkB mRNA expression in the CA1 region of rat hippocampus
Nerve growth factor mRNA stability is controlled by a cis-acting instability determinant in the 3'-untranslated region
Early induction of mRNA for calbindin-D28k and BDNF but not NT-3 in rat hippocampus after kainic acid treatment
Attenuation of cell death mediated by membrane depolarization different from that by exogenous BDNF in cultured mouse cerebellar granule cells
Transforming growth factor-beta1 and glial growth factor 2 reduce neurotrophin-3 mRNA expression in cultured Schwann cells via a cAMP-dependent pathway
A brain-derived neurotrophic factor (BDNF) related system is involved in the maintenance of the polyinnervate Torpedo electric organ
A tyrosine kinase-like molecule is localized in the nuclear membrane of neurons: hippocampal behavior under stress
Effect of chronic antidepressant treatment on transcription factor binding activity in rat hippocampus and frontal cortex
Nerve growth factors and the control of neurotransmitter phenotype selection in the mammalian central nervous system
The regulation of amyloid precursor protein metabolism by cholinergic mechanisms and neurotrophin receptor signaling
Distribution and retrograde transport of trophic factors in the central nervous system: functional implications for the treatment of neurodegenerative diseases
Mitogenic effects of nerve growth factor on different cell types in reaggregate cell cultures of immature rat pituitary
Glial cell line-derived neurotrophic factor in the substantia nigra from control and parkinsonian brains
The novel catecholaminergic and serotoninergic activity enhancer R-(-)-1-(benzofuran-2-yl)-2-propylaminopentane up-regulates neurotrophic factor synthesis in mouse astrocytes
Tryptophan and its metabolite, kynurenine, stimulate expression of nerve growth factor in cultured mouse astroglial cells
Brain-derived growth factor and nerve growth factor concentrations are decreased in the substantia nigra in Parkinson's disease
Tyrosine kinase A-nerve growth factor receptor is antigenically present in dystrophic neurites from a variety of conditions but not in Alzheimer's disease
Reciprocal changes in the expression of neurotrophin mRNAs in target tissues and peripheral nerves of aged rats
Reduction of tyrosine kinase B and tyrosine kinase C inductions by treatment with neurotrophin-3 after transient middle cerebral artery occlusion in rat
Immunohistochemical distribution of neurotrophins and their receptors in the rat retina and the effects of ischemia and reperfusion
Neurturin protects striatal projection neurons but not interneurons in a rat model of Huntington's disease
Nerve growth factor but not neurotrophin-3 is synthesized by hippocampal GABAergic neurons that project to the medial septum
Increased synaptic inhibition in dentate gyrus of mice with reduced levels of endogenous brain-derived neurotrophic factor
trkA modulation of developing somatosensory neurons in oro-facial tissues: tooth pulp fibers are absent in trkA knockout mice
Additive effect of glial cell line-derived neurotrophic factor and neurotrophin-4/5 on rat fetal nigral explant cultures
Continuous low-dose treatment with brain-derived neurotrophic factor or neurotrophin-3 protects striatal medium spiny neurons from mild neonatal hypoxia/ischemia: a stereological study
A ligand of the p65/p95 receptor suppresses perforant path kindling, kindling-induced mossy fiber sprouting, and hilar area changes in adult rats
Brain-derived neurotrophic factor prevents the loss of nigral neurons induced by excitotoxic striatal-pallidal lesions
Brain-derived neurotrophic factor transgenic mice exhibit passive avoidance deficits, increased seizure severity and in vitro hyperexcitability in the hippocampus and entorhinal cortex
Regeneration of descending spinal axons after transection of the thoracic spinal cord during early development in the North American opossum, Didelphis virginiana
Effect of acidic fibroblast growth factor on basal forebrain cholinergic neurons in senescence-accelerated mice
Cholinergic immunolesions by 192IgG-saporin--useful tool to simulate pathogenic aspects of Alzheimer's disease
TrkA antagonists decrease NGF-induced ChAT activity in vitro and modulate cholinergic synaptic number in vivo
Brain-derived neurotrophic factor (BDNF) and set-shifting in currently ill and recovered anorexia nervosa (AN) patients
No association between the brain-derived neurotrophic factor gene and panic disorder in Japanese population
Neurogenic cutaneous vasodilatation and plasma extravasation in diabetic rats: effect of insulin and nerve growth factor
Effect of the nonpeptide neurotrophic compound SR 57746A on the phenotypic survival of purified mouse motoneurons
Neurotrophins and neurotrophin receptors in some neural crest-derived tumours (ganglioneuroma, phaeochromocytoma and paraganglioma)
Expression of brain-derived neurotrophic factor protein in activated microglia of human immunodeficiency virus type 1 encephalitis
Influence of acetylcholinesterase on embryonic spinal rat motoneurones growth in culture: a quantitative morphometric study
A role for BDNF in early postnatal rat vestibular epithelia maturation: implication of supporting cells
Schwann cells genetically modified to secrete human BDNF promote enhanced axonal regrowth across transected adult rat spinal cord
Electrical stimulation accelerates and increases expression of BDNF and trkB mRNA in regenerating rat femoral motoneurons
BDNF up-regulates evoked GABAergic transmission in developing hippocampus by potentiating presynaptic N- and P/Q-type Ca2+ channels signalling
Protracted elevation of neuronal nitric oxide synthase immunoreactivity in axotomised adult pudendal motor neurons
Brain-derived neurotrophic factor increases the electrical activity of pars compacta dopamine neurons in vivo
Brain-derived neurotrophic factor promotes the survival of neurons arising from the adult rat forebrain subependymal zone
D1 cap region involved in the receptor recognition and neural cell survival activity of human ciliary neurotrophic factor
Rescue of adult mouse motoneurons from injury-induced cell death by glial cell line-derived neurotrophic factor
Long-term functional recovery from age-induced spatial memory impairments by nerve growth factor gene transfer to the rat basal forebrain
Ciliary neurotrophic factor protects striatal output neurons in an animal model of Huntington disease
Neutralizing intraspinal nerve growth factor with a trkA-IgG fusion protein blocks the development of autonomic dysreflexia in a clip-compression model of spinal cord injury
Intracerebral transplantation of marrow stromal cells cultured with neurotrophic factors promotes functional recovery in adult rats subjected to traumatic brain injury
Intravenous administration of marrow stromal cells (MSCs) increases the expression of growth factors in rat brain after traumatic brain injury
Improvement of spatial learning and memory after adenovirus-mediated transfer of the nerve growth factor gene to aged rat brain
Central nervous system delivery of recombinant ciliary neurotrophic factor by polymer encapsulated differentiated C2C12 myoblasts
Expression of brain-derived neurotrophic factor, nerve growth factor, and heat shock protein HSP70 following fluid percussion brain injury in rats
Alterations in BDNF and trkB mRNA levels in the cerebral cortex following experimental brain trauma in rats
Hyperglycemia and hypercapnia suppress BDNF gene expression in vulnerable regions after transient forebrain ischemia in the rat
Simultaneous treatment with BDNF and CNTF after peripheral nerve transection and repair enhances rate of functional recovery compared with BDNF treatment alone
Effect of repeated treatment with tianeptine and fluoxetine on central dopamine D(2) /D(3) receptors
Human neoplastic Schwann cells: changes in the expression of neurotrophins and their low-affinity receptor p75
Immunoelectron microscopic analysis of the distribution of tyrosine kinase receptor B in olfactory axons
Targeted delivery of nerve growth factor via fibronectin conduits assists nerve regeneration in control and diabetic rats
BDNF produces analgesia in the formalin test and modifies neuropeptide levels in rat brain and spinal cord areas associated with nociception
Quantitative comparison of the transient rescue effects of neurotrophic factors on axotomized motoneurons in vivo
Immunocytochemical localization of trkA receptors in chemically identified subgroups of adult rat sensory neurons
Postnatal changes in the expression of the trkA high-affinity NGF receptor in primary sensory neurons
Ex vivo gene transfer of brain-derived neurotrophic factor to the intact rat forebrain: neurotrophic effects on cholinergic neurons
BDNF down-regulates neurotrophin responsiveness, TrkB protein and TrkB mRNA levels in cultured rat hippocampal neurons
Autocrine-paracrine regulation of hippocampal neuron survival by IGF-1 and the neurotrophins BDNF, NT-3 and NT-4
BDNF is expressed at the crush site after spinal cord lesion in newborn opossum (Monodelphis domestica)
Increased expression of trkB mRNA in rat caudate--putamen following 6-OHDA lesions of the nigrostriatal pathway
Polysialylated neural cell adhesion is involved in target-induced morphological differentiation of arcuate dopaminergic neurons
Brain-derived neurotrophic factor enhances glucose utilization in peripheral tissues of diabetic mice
Comparison of the antidiabetic effects of brain-derived neurotrophic factor and thiazolidinediones in obese diabetic mice
Dose-related effects of venlafaxine on pCREB and brain-derived neurotrophic factor (BDNF) in the hippocampus of the rat by chronic unpredictable stress
Developmental regulation of pituitary adenylate cyclase activating polypeptide (PACAP) and its receptor 1 in rat brain: function of PACAP as a neurotrophic factor
Increased circulating nerve growth factor is directly correlated with disease activity in juvenile chronic arthritis
An overview of brain-derived neurotrophic factor and implications for excitotoxic vulnerability in the hippocampus
Parkinson's disease and exposure to infectious agents and pesticides and the occurrence of brain injuries: role of neuroinflammation
Plasma brain-derived neurotrophic factor levels predict the clinical outcome of depression treatment in a naturalistic study
Molecular evolution of vertebrate neurotrophins: co-option of the highly conserved nerve growth factor gene into the advanced snake venom arsenalf
Possible involvement of nerve growth factor in dysmenorrhea and dyspareunia associated with endometriosis
Low serum brain derived neurotrophic factor in non-suicidal out-patients with depression: Relation to depression scores
Ex vivo nerve growth factor gene transfer to the basal forebrain in presymptomatic middle-aged rats prevents the development of cholinergic neuron atrophy and cognitive impairment during aging
Effect of dietary γ-aminobutyric acid on the nerve growth factor and the choline acetyltransferase in the cerebral cortex and hippocampus of ovariectomized female rats
Pegylated brain-derived neurotrophic factor shows improved distribution into the spinal cord and stimulates locomotor activity and morphological changes after injury
Brain-derived neurotrophic factor rapidly enhances phosphorylation of the postsynaptic N-methyl-D-aspartate receptor subunit 1
A nerve growth factor mimetic TrkA antagonist causes withdrawal of cortical cholinergic boutons in the adult rat
BDNF and NT-3 but not CNTF counteract the Ca2+ ionophore-induced apoptosis of cultured cortical neurons: involvement of dual pathways
Depression and treatment response: dynamic interplay of signaling pathways and altered neural processes
Maternal deprivation induces depressive-like behaviour and alters neurotrophin levels in the rat brain
Signaling pathways underlying the pathophysiology and treatment of depression: novel mechanisms for rapid-acting agents
Serum brain-derived neurotrophic factor predicts responses to escitalopram in chronic posttraumatic stress disorder
KMUP-1 attenuates serum deprivation-induced neurotoxicity in SH-SY5Y cells: roles of PKG, PI3K/Akt and Bcl-2/Bax pathways
Activation of dendritic-like cells and neural stem/progenitor cells in injured spinal cord by GM-CSF
Brain-derived neurotrophic factor and its receptor tropomyosin-related kinase B in the mechanism of action of antidepressant therapies
Electro-acupuncture induced NGF, BDNF and NT-3 expression in spared L6 dorsal root ganglion in cats subjected to removal of adjacent ganglia
The reduction of proprioceptors in the mesencephalic trigeminal tract nucleus after neonatal masseteric nerve transection; effect of brain-derived neurotrophic factor
Precursor form of brain-derived neurotrophic factor and mature brain-derived neurotrophic factor are decreased in the pre-clinical stages of Alzheimer's disease
Deficits in spatial learning and synaptic plasticity induced by the rapid and competitive broad-spectrum cyclooxygenase inhibitor ibuprofen are reversed by increasing endogenous brain-derived neurotrophic factor
Nerve growth factor and its functional receptor TrkA are up-regulated in murine decidual tissue of stress-triggered and substance P-mediated abortion
Decreased levels of serum brain-derived neurotrophic factor in both depressed and euthymic patients with unipolar depression and in euthymic patients with bipolar I and II disorders
Neuroprotective role of γ-enolase in microglia in a mouse model of Alzheimer's disease is regulated by cathepsin X
In vitro evaluation of gene expression changes for gonadotropin-releasing hormone 1, brain-derived neurotrophic factor and neurotrophic tyrosine kinase, receptor, type 2, in response to bisphenol A treatment
Either nitric oxide or nerve growth factor is required for dorsal root ganglion neurons to survive during embryonic and neonatal development
Nerve growth factor alters p75 neurotrophin receptor-induced effects in mouse facial motoneurons following axotomy
Estradiol enhances neurogenesis in the dentate gyri of adult male meadow voles by increasing the survival of young granule neurons
Administration of amitriptyline attenuates noise-induced hearing loss via glial cell line-derived neurotrophic factor (GDNF) induction
Neurotrophins regulate sequential changes in neurotrophin receptor expression by sympathetic neuroblasts
Progesterone modulates brain-derived neurotrophic factor and choline acetyltransferase in degenerating Wobbler motoneurons
Brain-derived neurotrophic factor gene polymorphism (Val66Met) and citalopram response in major depressive disorder
No change between the serum brain-derived neurotrophic factor in female patients with anorexia nervosa before and after partial weight recovery
Nitric oxide synthesis is required for exercise-induced increases in hippocampal BDNF and phosphatidylinositol 3' kinase expression
Expression analysis of a novel p75(NTR) signaling protein, which regulates cell cycle progression and apoptosis
Brain-derived neurotrophic factor-modified umbilical cord mesenchymal stem cell transplantation improves neurological deficits in rats with traumatic brain injury
Expressions of brain-derived neurotrophic factor (BDNF) in cerebrospinal fluid and plasma of children with meningitis and encephalitis/encephalopathy
MRI and in situ hybridization reveal early disturbances in brain size and gene expression in the megencephalic (mceph/mceph) mouse
Brain-derived neurotrophic factor shows a protective effect and improves recovery of the ERG b-wave response in light-damage
Conditional, genetic disruption of ciliary neurotrophic factor receptors reveals a role in adult motor neuron survival
Plasma brain-derived neurotrophic factor levels in patients suffering from post-traumatic stress disorder
Bioactivity of AAV2-neurturin gene therapy (CERE-120): differences between Parkinson's disease and nonhuman primate brains
Altered DNA methylation status of human brain derived neurotrophis factor gene could be useful as biomarker of depression
Evaluation of psychiatric and genetic risk factors among primary relatives of suicide completers in Delhi NCR region, India
Lamotrigine treatment reverses depressive-like behavior and alters BDNF levels in the brains of maternally deprived adult rats
Endogenous BDNF protein is increased in adult rat hippocampus after a kainic acid induced excitotoxic insult but exogenous BDNF is not neuroprotective
Partial functional recovery of paraplegic rat by adenovirus-mediated gene delivery of constitutively active MEK1
Brain-derived neurotrophic factor enhances neurite regeneration from retinal ganglion cells in aged human retina in vitro
Developmental regulation of BDNF and NT-3 expression by quinolinic acid in the striatum and its main connections
Relationship between levels of brain-derived neurotrophic factor and metabolic parameters in patients with type 2 diabetes mellitus
Role of ventral tegmental area glial cell line-derived neurotrophic factor in incubation of cocaine craving
Brain-derived neurotrophic factor (BDNF) Val66Met polymorphism affects sympathetic tone in a gender-specific way
Increased levels of neurotrophins in the cerebrospinal fluid of children with Epstein-Barr virus meningoencephalitis
Brain-derived neurotrophic factor stimulates hindlimb stepping and sprouting of cholinergic fibers after spinal cord injury
Embryonic precursor cells that express Trk receptors: induction of different cell fates by NGF, BDNF, NT-3, and CNTF
Collagen containing neurotrophin-3 (NT-3) attracts regrowing injured corticospinal axons in the adult rat spinal cord and promotes partial functional recovery
Expression of brain-derived neurotrophic factor and TrkB neurotrophin receptors after striatal injury in the mouse
Differential role of the low affinity neurotrophin receptor (p75) in retrograde axonal transport of the neurotrophins
Brain-derived neurotrophic factor and tyrosine kinase B receptor signalling in post-mortem brain of teenage suicide victims
Pre-reproductive maternal enrichment influences offspring developmental trajectories: motor behavior and neurotrophin expression
Intraventricular administration of BDNF increases the number of newly generated neurons in the adult olfactory bulb
The Association of Brain-Derived Neurotrophic Factor Gene Polymorphism with Obstructive Sleep Apnea Syndrome and Obesity
Pituitary adenylate cyclase-activating polypeptide promotes the survival of basal forebrain cholinergic neurons in vitro and in vivo: comparison with effects of nerve growth factor
Intermittent administration of brain-derived neurotrophic factor (BDNF) ameliorates glucose metabolism and prevents pancreatic exhaustion in diabetic mice
Role of nuclear transcription factor kappa B (NF-kappaB) for MPTP (1-methyl-4-phenyl-1,2,3,6-tetrahyropyridine)-induced apoptosis in nigral neurons of mice
Adult ciliary neurotrophic factor receptors help maintain facial motor neuron choline acetyltransferase expression in vivo following nerve crush
Tachykinins, neurotrophism and neurodegenerative diseases: a critical review on the possible role of tachykinins in the aetiology of CNS diseases
Altered serum level of matrix metalloproteinase-9 and its association with decision-making in eating disorders
Prior Exposure to Alcohol Has No Effect on Cocaine Self-Administration and Relapse in Rats: Evidence from a Rat Model that Does Not Support the Gateway Hypothesis
Blockade of TrkB receptors in the nucleus accumbens prior to heterotypic stress alters corticotropin-releasing hormone (CRH), vesicular glutamate transporter 2 (vGluT2) and glucocorticoid receptor (GR) within the mesolimbic pathway
Altered expression of BDNF and its high-affinity receptor TrkB in response to complex motor learning and moderate exercise
Effects of daily environmental enrichment on memory deficits and brain injury following neonatal hypoxia-ischemia in the rat
Induction of neurotrophin expression via human adult mesenchymal stem cells: implication for cell therapy in neurodegenerative diseases
RPTP delta and the novel protein tyrosine phosphatase RPTP psi are expressed in restricted regions of the developing central nervous system
Neuronal precursors of the adult rat subependymal zone persist into senescence, with no decline in spatial extent or response to BDNF
In vitro survival and differentiation of neurons derived from epidermal growth factor-responsive postnatal hippocampal stem cells: inducing effects of brain-derived neurotrophic factor
Anatomical evidence supporting the potential for modulation by multiple neurotrophins in the majority of adult lumbar sensory neurons
Expression and estrogen regulation of brain-derived neurotrophic factor gene and protein in the forebrain of female prairie voles
Expression of brain-derived neurotrophic factor (BDNF) mRNA in rat retrosplenial cortex following administration of phencyclidine
Are the changes in the peripheral brain-derived neurotrophic factor levels due to platelet activation?
St John's wort, hypericin, and imipramine: a comparative analysis of mRNA levels in brain areas involved in HPA axis control following short-term and long-term administration in normal and stressed rats
Pituitary adenylate cyclase-activating polypeptide (PACAP) protects dorsal root ganglion neurons from death and induces calcitonin gene-related peptide (CGRP) immunoreactivity in vitro
Synectin in the nervous system: expression pattern and potential as a binding partner of neurotrophin receptors
Islet injury induces neurotrophin expression in pancreatic cells and reactive gliosis of peri-islet Schwann cells
Novel functional interactions between Trk kinase and p75 neurotrophin receptor in neuroblastoma cells
Glial cell line-derived neurotrophic factor prevents death, but not reductions in tyrosine hydroxylase, of injured nigrostriatal neurons in adult rats
Role of neurotrophins and trk receptors in the development and maintenance of sensory neurons: an overview
Differential response to ischemia in adjacent hippocampalsectors: neuronal death in CA1 versus neurogenesis in dentate gyrus
A commentary on the segmental motor system of the turtle: implications for the study of its cellular mechanisms and interactions
No influence of noradrenaline manipulation on acute exercise-induced increase of brain-derived neurotrophic factor
Subchronic treatment with lithium increases nerve growth factor content in distinct brain regions of adult rats
Neurotrophins: from enthusiastic expectations through sobering experiences to rational therapeutic approaches
Regulation of nociceptive neurons by nerve growth factor and glial cell line derived neurotrophic factor
Ciliary neurotrophic factor induces down-regulation of its receptor and desensitization of signal transduction pathways in vivo: non-equivalence with pharmacological activity
The role of the nerve growth factor carboxyl terminus in receptor binding and conformational stability
Localization of functional receptor epitopes on the structure of ciliary neurotrophic factor indicates a conserved, function-related epitope topography among helical cytokines
Cardiotrophin 1 (CT-1) inhibition of cardiac myocyte apoptosis via a mitogen-activated protein kinase-dependent pathway. Divergence from downstream CT-1 signals for myocardial cell hypertrophy
Brain-derived neurotrophic factor enhances neuronal translation by activating multiple initiation processes: comparison with the effects of insulin
Glial-mediated neuroprotection: evidence for the protective role of the NO-cGMP pathway via neuron-glial communication in the peripheral nervous system
An electrophysiologic model for functional assessment of effects of neurotrophic factors on facial nerve reinnervation
A valepotriate-enriched fraction from Valeriana glechomifolia decreases DNA methylation and up-regulate TrkB receptors in the hippocampus of mice
A close correlation between plasma and serum levels of brain-derived neurotrophic factor (BDNF) in healthy volunteers
Therapeutic Strategies for Attenuation of Retinal Ganglion Cell Injury in Optic Neuropathies: Concepts in Translational Research and Therapeutic Implications
Effect of electroacupuncture on neurotrophin expression in cat spinal cord after partial dorsal rhizotomy
The potential role of the HCN1 ion channel and BDNF-mTOR signaling pathways and synaptic transmission in the alleviation of PTSD
In situ hybridization of trkB and trkC receptor mRNA in rat forebrain and association with high-affinity binding of [125I]BDNF, [125I]NT-4/5 and [125I]NT-3
Regulation of phospholipase Cgamma in the mesolimbic dopamine system by chronic morphine administration
Antidepressant drug treatments induce glial cell line-derived neurotrophic factor (GDNF) synthesis and release in rat C6 glioblastoma cells
c-Src is required for tropomyosin receptor kinase C (TrkC)-induced activation of the phosphatidylinositol 3-kinase (PI3K)-AKT pathway
Effects of subtenon-injected autologous platelet-rich plasma on visual functions in eyes with retinitis pigmentosa: preliminary clinical results
Hyperexcitability in combined entorhinal/hippocampal slices of adult rat after exposure to brain-derived neurotrophic factor
Axonal transport of neurotrophins by visceral afferent and efferent neurons of the vagus nerve of the rat
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DMAE (2-dimethylaminoethanol) is a chemical produced in the brain. This naturally occuring amino alcohol is produced in minuscule amounts by the brain, with higher concentrations being typically found in anchovies and sardines. Known primarily as a precursor to choline and acetylcholine (chemicals in the brain responsible for nerve transmissions and cognitive function), DMAE has been used most predominantly to improve memory and focus while stimulating neural activity. Many researchers believe that it may serve an anti-aging function by increasing the body’s capacity to produce acetylcholine – a deficiency commonly associated with memory loss.
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A study of older adults at risk of Alzheimer’s disease found that those who consumed more omega-3 fatty acids did better than their peers on tests of cognitive flexibility, which is the ability to efficiently switch between tasks.
Researchers at the University of Illinois also found that those who consumed more omega-3 fatty acids had a bigger anterior cingulate cortex, a brain region known to contribute to cognitive flexibility.
According to the study, which was published in Frontiers in Aging Neuroscience, the analysis suggests — but does not prove — that consuming DHA and EPA, two omega-3 fatty acids found in fish, enhanced cognitive flexibility in these adults in part by beefing up the anterior cingulate cortex.
“Recent research suggests that there is a critical link between nutritional deficiencies and the incidence of both cognitive impairment and degenerative neurological disorders, such as Alzheimer’s disease,” said University of Illinois neuroscience, psychology, and speech and hearing science professor Aron Barbey, who led the study with M.D./Ph.D. student Marta Zamroziewicz.
“Our findings add to the evidence that optimal nutrition helps preserve cognitive function, slow the progression of aging, and reduce the incidence of debilitating diseases in healthy aging populations.”
The researchers focused on aspects of brain function that are sometimes overlooked in research on aging, according to Zamroziewicz.
“A lot of work in cognitive aging focuses on memory but, in fact, cognitive flexibility and other executive functions have been shown to better predict daily functioning than memory does,” she said.
Executive function describes processes like planning, reasoning, paying attention, problem solving, impulse control, and task switching, she explained. “These functions tend to decline earlier than other cognitive functions in aging,” she added.
The new research built on previous studies that found associations between omega-3 fatty acid consumption, cognitive flexibility and the size of the anterior cingulate cortex, according to the scientists.
“There’s been some work to show that omega-3 fatty acids benefit cognitive flexibility, and there’s also been work showing that cognitive flexibility is linked to this specific brain region, the anterior cingulate. But there’s been very little work actually connecting these pieces,” Zamroziewicz said.
The new study focused on 40 cognitively healthy older adults between the ages of 65 and 75 who are carriers of a gene variant (APOE e4) that is known to contribute to the risk of developing late-onset Alzheimer’s disease.
The researchers tested cognitive flexibility, measured levels of the fatty acids EPA (eicosapentaenoic acid) and DHA (docosahexaenoic acid) in their blood, and imaged their brains using MRI. Statistical analyses teased out the relationships between these factors, the researchers noted.
“We wanted to confirm that higher omega-3 fatty acids related to better cognitive flexibility, and we did in fact see that,” Zamroziewicz said. | https://psychcentral.com/news/2015/05/20/omega-3-may-enhance-cognitive-flexibility-in-at-risk-seniors/84799.html |
Although your brain accounts for only 3% of your total body weight, it consumes a significant amount of energy. It is a complex organ that regulates memory, thought, emotions, touch, and all other bodily functions. These 7 essential nutrients are needed for a healthy brain.
1) Omega-3
Omega-3 fatty acids are required in your diet to promote and improve your cognitive performance. Consuming omega-3 fatty acids benefits not only general thinking and thought processing, but also remembering and learning. Omega-3 fatty acids are commonly found in fish, but they can also be found in walnuts, flax seeds, and chia seeds.
2) Iron
This essential mineral is involved in motor and cognitive development, as well as brain functions such as oxygen transportation, DNA synthesis, mitochondrial respiration, myelin synthesis, and neurotransmitter synthesis and metabolism. Meat, fish, poultry, fruits, vegetables, and nuts all contain iron.
Also Read: Seven Nutrients Vegans don’t get from Plants but are essential for Diet
3) B Vitamins
B vitamins can be included in your diet because they are responsible for mood and mental performance. This is another nutrient that has been linked to a lower risk of dementia due to its ability to improve memory. Vitamin B can also help with anxiety, depression, stress, migraines, PMS symptoms, and heart disease risk. There are numerous B vitamins that can be found in a variety of foods. Greens like kale and spinach, for example, contain folate (B9), and broccoli and cauliflower contain choline, which has been linked to brain development.
4) Lycopene
Lycopene is another important antioxidant that has been shown to protect against dementia, particularly Alzheimer's disease. Red fruits and vegetables like tomatoes, watermelon, bell peppers, and red carrots contain the carotenoid and carotene pigment lycopene.
5) Zinc
Zinc consumption is essential for improving memory and thinking ability. Zinc is found in a variety of foods, including pumpkin seeds, dark chocolate, potatoes, lamb, and seafood.
6) Vitamin E
Vitamin E is a powerful antioxidant that can slow or prevent cognitive decline and improve memory as the brain ages. Vitamin E is loaded in nuts, seeds, avocado, tofu, and green, leafy vegetables
7) Vitamin K
Vitamin K is required for optimal cognitive function and brain power. Vitamin K aids in bodily functions such as blood clotting, heart disease prevention, and bone formation. A lack of vitamin K is frequently associated with easy bruising. Broccoli, leafy greens like spinach and collard greens, basil, and even chilli powder contain vitamin K.
Nutrition is necessary for optimal brain function! Consult your doctor to learn more about how to improve your brain function in areas such as memory, attention, focus, and sleep. | https://odishatv.in/lifestyle/news-these-seven-essential-nutrients-can-improve-your-brain-function-190552 |
When the brain forms memories or learns a new task, it encodes the new information by tuning connections between neurons. MIT neuroscientists have discovered a novel mechanism that contributes to the strengthening of these connections, also called synapses.
At each synapse, a presynaptic neuron sends chemical signals to one or more postsynaptic receiving cells. In most previous studies of how these connections evolve, scientists have focused on the role of the postsynaptic neurons. However, the MIT team has found that presynaptic neurons also influence connection strength.
“This mechanism that we’ve uncovered on the presynaptic side adds to a toolkit that we have for understanding how synapses can change,” says Troy Littleton, a professor in the departments of Biology and Brain and Cognitive Sciences at MIT, a member of MIT’s Picower Institute for Learning and Memory, and the senior author of the study, which appears in the Nov. 18 issue of Neuron.
Learning more about how synapses change their connections could help scientists better understand neurodevelopmental disorders such as autism, since many of the genetic alterations linked to autism are found in genes that code for synaptic proteins.
One of the biggest questions in the field of neuroscience is how the brain rewires itself in response to changing behavioral conditions — an ability known as plasticity. This is particularly important during early development but continues throughout life as the brain learns and forms new memories.
Over the past 30 years, scientists have found that strong input to a postsynaptic cell causes it to traffic more receptors for neurotransmitters to its surface, amplifying the signal it receives from the presynaptic cell. This phenomenon, known as long-term potentiation (LTP), occurs following persistent, high-frequency stimulation of the synapse. Long-term depression (LTD), a weakening of the postsynaptic response caused by very low-frequency stimulation, can occur when these receptors are removed.
Scientists have focused less on the presynaptic neuron’s role in plasticity, in part because it is more difficult to study, Littleton says. His lab has spent several years working out the mechanism for how presynaptic cells release neurotransmitter in response to spikes of electrical activity known as action potentials. When the presynaptic neuron registers an influx of calcium ions, carrying the electrical surge of the action potential, vesicles that store neurotransmitters fuse to the cell’s membrane and spill their contents outside the cell, where they bind to receptors on the postsynaptic neuron.
The presynaptic neuron also releases neurotransmitter in the absence of action potentials, in a process called spontaneous release. These ‘minis’ have previously been thought to represent noise occurring in the brain. However, Littleton and Cho found that minis could be regulated to drive synaptic structural plasticity.
To investigate how synapses are strengthened, Littleton and Cho studied a type of synapse known as neuromuscular junctions, in fruit flies. The researchers stimulated the presynaptic neurons with a rapid series of action potentials over a short period of time. As expected, these cells released neurotransmitter synchronously with action potentials. However, to their surprise, the researchers found that mini events were greatly enhanced well after the electrical stimulation had ended.
“Every synapse in the brain is releasing these mini events, but people have largely ignored them because they only induce a very small amount of activity in the postsynaptic cell,” Littleton says. “When we gave a strong activity pulse to these neurons, these mini events, which are normally very low-frequency, suddenly ramped up and they stayed elevated for several minutes before going down.”
The enhancement of minis appears to provoke the postsynaptic neuron to release a signaling factor, still unidentified, that goes back to the presynaptic cell and activates an enzyme called PKA. This enzyme interacts with a vesicle protein called complexin, which normally acts as a brake, clamping vesicles to prevent release neurotransmitter until it’s needed. Stimulation by PKA modifies complexin so that it releases its grip on the neurotransmitter vesicles, producing mini events.
When these small packets of neurotransmitter are released at elevated rates, they help stimulate growth of new connections, known as boutons, between the presynaptic and postsynaptic neurons. This makes the postsynaptic neuron even more responsive to any future communication from the presynaptic neuron.
“Typically you have 70 or so of these boutons per cell, but if you stimulate the presynaptic cell you can grow new boutons very acutely. It will double the number of synapses that are formed,” Littleton says.
The researchers observed this process throughout the flies’ larval development, which lasts three to five days. However, Littleton and Cho demonstrated that acute changes in synaptic function could also lead to synaptic structural plasticity during development.
“Machinery in the presynaptic terminal can be modified in a very acute manner to drive certain forms of plasticity, which could be really important not only in development, but also in more mature states where synaptic changes can occur during behavioral processes like learning and memory,” Cho says. | http://vetscite.org/2015/12/neuroscientists-reveal-how-the-brain-can-enhance-connections/ |
An exploratory study that revealed differences in neurotransmitter levels in regions of the brain commonly linked to cognition sets the stage for future research to better understand the "inner workings" of mild cognitive impairment (MCI) and progression to Alzheimer disease (AD).
The novel findings come courtesy of magnetic resonance spectroscopy (MRS) with advanced 7 Tesla (7T) technology. This approach shows levels of gamma-aminobutyric acid (GABA), glutathione, and other neurotransmitters in brain regions of interest with greater precision than previous, lower-strength imaging systems.
Results showed significant differences in neurotransmitters and other factors in the anterior cingulate cortex (ACC) and the posterior cingulate cortex (PCC) between 13 people with MCI and 13 healthy control persons.
Changes in neurotransmitters in MCI "could be a promising way to find out more about the inner workings of the disease and how it proceeds," lead author Georg Oeltzschner, PhD, a postdoctoral fellow in the Russell H. Morgan Department of Radiology and Radiological Science at the Johns Hopkins University School of Medicine in Baltimore, Maryland, told Medscape Medical News.
The study was published in the January issue of Neurobiology of Aging.
Neuronal Loss Visible
"We do know from a lot of studies that local neurotransmitter levels can be related to measures of behavioral outcomes, such as memory, reaction time, and things like that," Oeltzschner said. "These relationships can be region specific," he said.
When neurotransmitter levels change locally, the macroscopic communication within or between brain regions also can vary, he added.
The investigators chose the ACC and the PCC of the involvement of these regions in executive function and mood regulation. During the onset of MCI and AD, these regions exhibit increased deposition of beta-amyloid and tau protein.
It's unclear how nuances in neurotransmitters contribute to loss of cognitive and executive function in patients with MCI.
However, the investigators speculate that "abnormal levels of GABA and glutamate may reflect disturbed inhibitory and excitatory neurotransmission, which primarily shape cortical information processing."
To learn more, the investigators examined neurocognitive testing performance, spectroscopy findings, and other factors.
The patients with MCI included three women and 10 men (mean age, 70 years); the control group consisted of seven women and six men (mean age, 64 years). Because of the disparity in the ages of the participants, the investigators controlled for age as a covariate.
All participants underwent a physical exam, a neurologic exam, and a structured clinical interview that was performed by a clinical psychologist. They also were assessed with the Clinical Dementia Rating (CDR) scale, the Mini–Mental State Examination (MMSE), and other measures.
Mean MMSE scores were 1.7 in the MCI group vs 28.7 in the healthy control group. This difference was statistically significant (P < .01). Mean scores on the Delis-Kaplan Executive Function System (D-KEFS) assessment were 12.5 in the MCI group and 42.8 for the healthy control participants (P = .073).
Mean California Verbal Learning Test (CVLT) results, calculated as the sum of the first five trials, were 10.3 in the MCI group and 55.5 among the healthy control persons (P < .001).
Comparisons between the MCI group and the control group revealed statistically significant differences in the ratios of neurotransmitters and other relevant factors to a reference compound, total creatine (tCr). Incorporating the reference compound helped researchers assign the observed changes to neuronal loss associated with MCI and not with other mechanisms.
Counters Previous Research
For example, the ratio of GABA to tCr was significantly lower among MCI patients in comparison with control persons. This finding was significant for both the ACC and PCC regions of the brain (P < .01). However, the investigators did not find any relationship between GABA/tCr levels and cognitive scores.
Decreased GABA in the ACC suggests that disturbed homeostasis of this neurotransmitter in patients with MCI may also occur in cortical regions other than the PCC, which carries implications for cognitive function, the researchers note.
This finding, which counters previous study results, and may be due to the greater precision of the scanner used to obtain the images — the 7T Philips Achieva scanner (Philips Healthcare, Best, the Netherlands) with a 32-channel receive and quadrature transmit head coil (Nova Medical, Wilmington, Massachusetts).
The MCI group also had significantly decreased levels of glutamate/tCr. This outcome was significant in the PCC (P < 0.05) in comparison with the control persons. In addition, the group with MCI had significantly lower levels of a marker of neuronal integrity called N-acetylaspartate (NAA) relative to tCr, particularly in the PCC (P < .05).
Furthermore, the patients with MCI were found to have a significantly higher ratio of the osmolyte myo-inositol to total creatine (mI/tCr) in the anterior cingulate complex compared to the control persons (P < .01).
MMSE test scores showed a negative correlation with mI/tCr in the ACC (P < .01) and the PCC (P < .05).
D-KEFS scores positively correlated with the antioxidant glutathione/tCr in the PCC (P < .01).
CVLT scores positively correlated with glutamate/tCr (PCC, P <.05) and NAA/tCr (PCC, P < .05). These scores negatively correlated with mI/tCr in both the ACC and the PCC (for each, P < .05).
"The observed correlation between PCC glutamate/tCr and CVLT scores may suggest that disturbed glutamate neurotransmission is at least partly contributing to memory impairment in MCI," the researchers note.
7-Tesla Device
"To the best of our knowledge, this is the first study to use magnetic resonance spectroscopy at 7T field strength to study metabolic changes in MCI patients, including quantification of the low-concentration metabolites GABA, GSH [glutathione] and NAAG [N-acetylaspartylglutamate] in a single session," the researchers note.
"Taken together, these findings indicate a promising link between several pathophysiological MCI/AD mechanisms and cognitive outcome, and certainly warrant further investigation in terms of regional and functional specificity," they add.
The FDA cleared the first 7-Tesla device for use in the United States in 2017. Oeltzschner estimates that fewer than 100 systems exist globally. "Most of them are dedicated to research," he added.
For this reason, Oeltzschner, study coauthor Richard Edden, PhD, and their colleagues are developing methodology for devices of 3-Tesla field strength, which are much more common than 7-Tesla machines. "The obvious massive advantage would be that these methods would become available to a lot more researchers, given the low number of 7T machines," said Oeltzschner.
The study's limitations, said Oeltzschner, include the fact that it involved a small number of participants who had a wide range of ages and that it was cross-sectional in nature.
He added that neurotransmitters are not a very specific sign of MCI at this point.
"To really solidify these findings, it would be great if we had a much larger sample size and longitudinal data," he added. "The dream would be to find a neurochemical signature [for MCI] using this spectroscopy technique."
Unique Contribution
Commenting on the findings of Medscape Medical News, Sami Ouanes, MD, Department of Psychiatry, Hospital of Cery, University Hospital of Lausanne, Switzerland, noted that this is "one of very few studies investigating the in vivo levels of such a large number of neurotransmitters, oxidative stress, and neuronal markers in patients with...mild cognitive impairment due to probable Alzheimer's disease.
"Most of our knowledge about these markers in MCI and AD previously came from post mortem studies or from animal studies," added Ouanes, who is also affiliated with the Department of Psychiatry at Hamad Medical Corporation in Doha, Qatar.
"What is also interesting is that authors tried to link these markers to the clinical cognitive performance and to the amyloid PET-scan findings," he said. Whereas GABA was decreased in both the ACC and the PCC in patients with MCI, the study failed to find any associations with any clinical parameters, he added.
"The links observed between glutamate deficit and verbal episodic memory performance on the one hand and between verbal fluency and oxidative stress markers on the other hand may suggest that targeting the glutamatergic system and the redox system may improve some of the symptoms in patients with MCI/Alzheimer disease," he said.
The lack of statistical power because of the small sample size, as well as the cross-sectional design of the study, are limitations to keep in mind, Ouanes added. "Such a design cannot allow us to draw any causality links," he said.
Nevertheless, he said, the study "is a step forward towards a better understanding of the interrelationships between disrupted neurotransmission, oxidative stress, amyloid deposits, and clinical findings in MCI/Alzheimer disease. But longitudinal studies with larger sample sizes are still mostly lacking, and thus really needed, in this regard."
The study was supported by grants from the National Institutes of Health. Oeltzschner and Ouanes had disclosed no relevant financial relationships.
Neurobiol Aging. 2019;73:2011-2018. Full text
Follow Damian McNamara on Twitter: @MedReporter
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Medscape Medical News © 2019
Cite this: Advanced Imaging May Reveal Onset of Cognitive Impairment - Medscape - Mar 29, 2019. | https://www.medscape.com/viewarticle/911117 |
CHAMPAIGN, Ill. — A study of older adults at risk of late-onset Alzheimer’s disease found that those who consumed more omega-3 fatty acids did better than their peers on tests of cognitive flexibility — the ability to efficiently switch between tasks — and had a bigger anterior cingulate cortex, a brain region known to contribute to cognitive flexibility.
The analysis suggests, but does not prove, that consuming DHA and EPA, two omega-3 fatty acids found in fish, enhanced cognitive flexibility in these adults in part by beefing up the anterior cingulate cortex, the researchers report in the journal Frontiers in Aging Neuroscience.
“Recent research suggests that there is a critical link between nutritional deficiencies and the incidence of both cognitive impairment and degenerative neurological disorders, such as Alzheimer’s disease,” said University of Illinois neuroscience, psychology, and speech and hearing science professor Aron Barbey, who led the study with M.D./Ph.D. student Marta Zamroziewicz. “Our findings add to the evidence that optimal nutrition helps preserve cognitive function, slow the progression of aging and reduce the incidence of debilitating diseases in healthy aging populations.”
The researchers focused on aspects of brain function that are sometimes overlooked in research on aging, Zamroziewicz said. “A lot of work in cognitive aging focuses on memory, but in fact cognitive flexibility and other executive functions have been shown to better predict daily functioning than memory does,” she said.
“Executive function” describes processes like planning, reasoning, paying attention, problem solving, impulse control and task switching.
“These functions tend to decline earlier than other cognitive functions in aging,” Zamroziewicz said.
The new research built on previous studies that found associations between omega-3 fatty acid consumption, cognitive flexibility and the size of the anterior cingulate cortex.
“There’s been some work to show that omega-3 fatty acids benefit cognitive flexibility, and there’s also been work showing that cognitive flexibility is linked to this specific brain region, the anterior cingulate. But there’s been very little work actually connecting these pieces,” Zamroziewicz said.
The new study focused on 40 cognitively healthy older adults between the ages of 65 and 75 who are carriers of a gene variant (APOE e4) that is known to contribute to the risk of developing late-onset Alzheimer’s disease.
The researchers tested participants’ cognitive flexibility, measured levels of the fatty acids EPA (eicosapentaenoic acid) and DHA (docosahexaenoic acid) in their blood, and imaged their brains using MRI. Statistical analyses teased out the relationships between these factors.
“We wanted to confirm that higher omega-3 fatty acids related to better cognitive flexibility, and we did in fact see that,” Zamroziewicz said. “We also wanted to confirm that higher omega-3 fatty acids related to higher volume in the anterior cingulate cortex, and we saw that. Finally, we were able to show that higher volume in the anterior cingulate cortex was an intermediary in the relationship between omega-3 fatty acids and cognitive flexibility.”
###
Barbey is a faculty member in the Beckman Institute for Advanced Science and Technology and in the Carl R. Woese Institute for Genomic Biology at Illinois.
This study was conducted in conjunction with the Carle Neuroscience Institute at Carle Foundation Hospital in Urbana. Abbott Nutrition funded this research through the Center for Nutrition, Learning and Memory at Illinois.
Editor’s notes:
To reach Marta Zamroziewicz, email [email protected]. To reach Aron Barbey, call 217-244-2551; email [email protected] The paper, “Anterior cingulate cortex mediates the relationship between O3PUFAs and executive functions in APOE e4 carriers,” is available online or from the U. of I. News Bureau. | https://clinicalnews.org/2015/05/19/omega-3-fatty-acids-enhance-cognitive-flexibility-in-at-risk-older-adults/ |
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June 29, 2020
Neurons that regularly remodel are more prone to the dysfunctions linked to the disease's onset, a new experimental and computational study finds.
New research paves way for developing therapies that could slow down Alzheimer’s
June 29, 2020
Neuroscientists and stem cell researchers have developed a research model that allows studying human hippocampal neurons, the brain cells primarily affected by Alzheimer's disease pathology.
Why some words may be more memorable than others
June 29, 2020
In a recent study of epilepsy patients and healthy volunteers, researchers found that our brains may withdraw some common words, like ''pig,'' ''tank,'' and ''door,'' much more often than others, including ''cat,'' ''street,'' and ''stair.'' By combining memory tests, brain wave recordings, and surv...
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Repeated head impacts associated with later-life depression symptoms, worse cognitive function
June 26, 2020
In the largest study of its kind, an association has been found in living patients exposed to repetitive head impacts and difficulties with cognitive functioning and depression years or decades later.
Designer peptides show potential for blocking viruses, encourage future study
June 26, 2020
Chemically engineered peptides could prove valuable in the battle against some of the most persistent human health challenges. New findings demonstrate how researchers can engineer peptides capable of selectively and specifically binding to polysialic acid (PSA) -- a carbohydrate that is present in ...
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Scientists devise new ‘bar code’ method to identify critical cell types in the brain
June 25, 2020
A discovery could pave the way for future studies aimed at developing solutions to ALS and other vexing neuromuscular diseases.
New study looks at post-COVID-19 emerging disease in children
June 25, 2020
In recent weeks, a multisystem hyperinflammatory condition has emerged in children in association with prior exposure or infection to SARS-CoV-2. A new case series examines the spectrum of imaging findings in children with the post-COVID-19 inflammatory condition known in the US as Multisystem Infla...
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One-time treatment generates new neurons, eliminates Parkinson’s disease in mice
June 25, 2020
Researchers have discovered that a single treatment to inhibit a gene called PTB in mice converts native astrocytes, brain support cells, into neurons that produce the neurotransmitter dopamine. As a result, the mice's Parkinson's disease symptoms disappear....
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Unexpected mental illnesses found in a spectrum of a rare genetic disorder
June 25, 2020
Researchers found an unexpected spectrum of mental illnesses in patients with a rare gene mutation. These patients had a ''double hit'' condition that combined features and symptoms of fragile X syndrome and premutation disorder, in addition to a range of psychiatric symptoms. The findings revealed ... | https://ibcces.org/learning/page/2/ |
Photographic memory is a rare and mysterious cognitive ability that allows people to remember images and objects in detail.
It’s a rare phenomenon in which someone can retain an enormous quantity of information, whether it be images, sounds, or words.
Photographic memory was first documented by a Harvard vision scientist named Charles Stromeyer III in early 1970 about a student named Elizabeth.
Some believe that photographic memory is a real phenomenon, while others believe it’s just an exaggeration or myth.
Regardless of whether photographic memory is real or not, there are many benefits to having it.
How Does Memory Work?
Why do we remember some things more distinctly than others? And why do some memories fade?
Answering these questions requires us to look into how memories are formed in the first place.
Our daily experiences are converted into pulses of energy that travel along the neuron network and form short-term memories first.
These are available for a few seconds or a few minutes.
They then get converted into long-term memories through certain brain areas like the hippocampus.
Finally, they reach the storage regions present in the brain.
With the help of brain chemicals called neurotransmitters, neurons communicate with each other in regions called synapses.
Continuous communication between two neurons increases the efficiency, a process described as long-term potentiation.
This phenomenon helps store long-term memory.
Image: The differences between short-term and long-term memories (Adapted from an article on harvard.edu)
Why do some memories get lost?
As we age, the synapses become weak, making it difficult to retrieve information.
According to studies, the hippocampus loses 5% of its neurons every decade after age 40, resulting in a 20% loss by 80 years.
There may also be a loss of neurotransmitters.
Other mental and physical health conditions associated with aging can also be the reason memories get lost.
Chronic stress is another major contributor to memory issues.
The body releases a surge of hormones to enable us to wave through stressful situations.
However, with chronic stress, the body is continually exposed to this flood of hormones.
This may result in the loss of brain cells and block the formation of new ones, making it difficult to retain information.
Depression is another condition associated with memory problems.
The low levels of serotonin seen in individuals with depression can make it difficult for a person to pay attention to new information.
People with depression may be 40% more likely to develop memory and cognition-associated problems.
Is Photographic Memory Real?
The common impression of photographic memory is that some people can take a mental snapshot of whatever is in front of them and retrieve it from memory, zooming in and out of various parts.
However, the true existence of photographic memory has not been proven till now.
What people mostly refer to as photographic memory is, in fact, eidetic memory.
Eidetic memory is “the ability to recall an image from memory with high precision for a brief period after seeing it only once, and without using a mnemonic device.”
This memory lasts less than one second is most people and a few seconds for others.
But, some people indeed have an extraordinary memory.
For instance, Stephen Wiltshire, a British architectural artist, flew over New York for 20 minutes and drew the entire skyline only from the memory of that sight.
Another example would be that of Jill Price, a woman now in her mid-50s, who can remember in great detail almost every aspect of her life from about 14 years of age.
She was the first to be diagnosed with hyperthymesia, also called highly superior autobiographical memory (HSAM), which allows people to remember almost all life events with great precision.
While such sporadic cases of people with extraordinary memory have been recorded, there’s been no case of photographic memory till now.
Genetics and Photographic Memory
Both nature and nurture contribute to incredible recall skills.
On the natural side of things, some people seemed to be predisposed to having an incredible memory.
In a neuroscience study, it was found that people with HSAM have enlarged temporal and parietal lobes, both of which are associated with memory storage and retrieval.
With regards to genetics, studies have shown that dopamine receptor genes play an important role in episodic memory
*Dopamine is a neurotransmitter linked with learning and memory
*Episodic memory is the ability to recall and mentally re-experience specific episodes from one's past.
People with certain changes in these genes may have a stronger recall power than others.
A 2015 study identified over 750 genes that can influence long-term memory
The newly found genes activate a molecule known as CREB (cAMP-response element-binding protein).
CREB is required for long-term memory in many organisms, including worms and mice.
There is a direct relationship between CREB and long-term memory; many organisms lose CREB as they age.
This way, many genes work together and influence how our memories and stored and recalled.
The “genetically advantaged” people receive a set of genes optimized for a great memory and recall powers.
However, this doesn’t imply that having a particular gene will give you great memories.
Memories also depend on other lifestyle and environmental factors like diet and educational attainment.
Also Read: How Genes Influence Your Memory - Xcode Life
Summary
- Photographic memory is a rare cognitive ability where people can remember and recall images and objects in detail.
- Memories from when our daily experiences are turned into energy pulses that reach the brain and travel to different regions through the neural network.
- Memories get lost due to age, stress, and conditions like depression.
- While there have been many reports of people with great memory and recall powers, there's no solid scientific evidence behind photographic memory.
- Many genes associated with neurotransmitter levels and CREB molecules that influence memory and learning influence how well we can remember and recall information. | https://www.xcode.life/genes-and-personality/is-photographic-memory-genetic/ |
4 Easy Facts About Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject? Described
This action is likely due to the protection of neural tissues by artichoke’s antioxidants, in combination with cynarin’s capability to enhance cellular function (additional enhanced in the Qualia stack by cynarin’s synergistic interaction with forskolin). Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject?
Cyclic AMP (cAMP) and phosphodiesterase-4 (PDE-4) are directly associated with memory development and retention. A 2010 research study discovered that, when integrated, particles comparable to cynarin and forskolin communicate with cAMP and PDE-4 in a method that enhances long-term synaptic strength and memory retention.
The initial CILTeP formula was created to enhance memory formation, focus and concentration by regulating PDE-4 and cAMP levels. Both artichoke and forskolin have been shown to work on these pathways and to do a much better job when they are combined. Holistically, artichoke can provide some protection versus cardiovascular illness procedures that may prevent circulation to the brain.
Amino acids consisting of phenylalanine, acetyl-L-carnitine, and taurine are precursors for crucial neurotransmitters and are associated with energy production within the brain. These are often limited in a plant-based diet, so supplementation may be especially practical for vegans. Phenylalanine is a precursor for tyrosine (also found in the Qualia formula), which is, in turn, converted into the neurotransmitters dopamine, norepinephrine and epinephrine.
The 7-Second Trick For Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject?
In this highly bioavailable form, DL-phenylalanine has the ability to successfully cross the blood brain barrier. An accumulation of phenylalanine in the blood can cause toxicity, leading to brain problems and cognitive problems. In the majority of people, extra phenylalanine is metabolised efficiently into tyrosine however this can be decreased by genetic conditions or a lack of nutrient cofactors for the conversion, such as B group vitamins, vitamin C, copper and iron. Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject?
Make sure to get your serum levels examined regularly. Acetyl-L-carnitine is a cellular energy booster. L-carnitine’s significant function in the body is to carry fat across cell membranes for utilisation as an energy source this is particularly active in the fatty environment of the brain. It also keeps the brain complimentary from contaminants by transporting metabolic by-products out of the mitochondria after energy has been produced this secures neurons from oxidative stress and damage connected with conditions such as multiple sclerosis, Parkinson’s illness, and fibromyalgia.
Natural carnitine levels decrease as we age and neural mitochondria deteriorate alongside them. Supplementing with L-carnitine might help to boost energy levels and keep neural firing. A meta-analysis of double blind randomized regulated clinical trials found that acetyl-L-carnitine might improve attention, memory, and psychological performance in older individuals with moderate cognitive disability or Alzheimer’s illness.
Getting My Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject? To Work
It can even promote the recovery of nerve function. The acetyl group makes L-carnitine more bioavailable and able to cross the blood brain barrier; it likewise provides a crucial precursor (together with choline) for the formation of acetylcholine, a neurotransmitter accountable for memory, mental awareness, and thought fluidity. Taurine and its metabolic items have numerous nootropic functions neural defense, state of mind changing, and memory-boosting.
In the long-lasting, taurine has been displayed in animal research studies to safeguard against amnesia by strengthening synapses. Taurine is frequently utilized in nootropic circles for its anti-anxiety effects as it has the ability to function as both an energy booster and a sedative. It is frequently utilized to relax the brain down after periods of excessive activity by communicating directly with GABA receptors in the thalamus the location of the brain that manages just how much sensory information is forwarded to the cortex.
Taurine is frequently consumed with caffeine to balance out the stimulant’s negative effects like anxiety, restlessness and scattered attention. Benfotiamine is a synthetic but extremely bioavailable variation of thiamine (vitamin B1), which is rapidly converted into its vitamin form after ingestion. It exhibits all actions of dietary thiamine and has actually been shown to work especially well as an immune-booster and neural protector.
The Main Principles Of Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject?
One very small human study found that taking 300mg of benfotiamine each day for 18 months substantially improved the cognitive abilities of five clients with Alzheimer’s disease, possibly by decreasing the build-up of amyloid plaques or advanced glycation final result within the brain. While this dosage is 3x the quantity found in an everyday serve of Qualia, these neuroprotective effects are likely to be reasonably reliable in people without advanced degenerative disease.
Uridine belongs of RNA and when integrated with choline, it can really increase the number of synapses in the brain On its own, uridine improves the plasticity and flexibility of nerve cells by producing phospholipids to keep the stability, strength and versatility of cells undamaged. Healthy cell membranes are better able to interact in between one another, resulting in much faster cognition and reflexes.
With links to mitochondrial health, uridine might assist to stabilize state of mind. A 2011 case study found that an everyday 1g dosage of uridine quickly improved signs in depressed adolescents with bipolar condition. While this sort of high dose must just be taken under the guidance of a certified healthcare practitioner, it does hint to the effects of lower dosages on mood balance.
The 3-Minute Rule for Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject?
While you might not be grabbing a nootropic stack to boost your libido, a number of the pathways that are activated by this aphrodisiac also support cognitive function. Most significantly, Mucuna pruriens is rich in L-dopa, a precursor to dopamine. Where L-dopa can cross the blood brain barrier, dopamine can’t this implies that taking a dopamine supplement would do nothing for levels of this key neurotransmitter within the brain.
An increase in dopamine can assist to ease tension a major aspect that impacts male sexual health and cognitive abilities. A research study in 2010 found that taking Mucana pruriens seed powder every day for 3 months significantly ameliorated the mental stress levels in infertile men. It likewise enhanced the levels of anti-oxidants in their blood, and enhanced healthy sperm count. Which Of The Following Is Not A Feature Of Qualia That Dennett Wants To Reject? | https://www.kronoslaboratory.com/which-of-the-following-is-not-a-feature-of-qualia-that-dennett-wants-to-reject-best-brain-fog-cure-2020/ |
The decline in cognitive ability and memory for an increasingly older population is a major health issue. Along with aging, deskbound lifestyles and poor nutrition habits are among the root causes for cognitive decline. In order to combat this, new dietary solutions are being explored, and traditional ingredients associated with cognition re-examined.
Along with physical and cognitive activity, engaging with a healthy diet is a third modifiable lifestyle factor that has been linked to overall brain health and attenuated cognitive decline. One diet in particular, the Mediterranean Diet (characterized by high intake of fruits, vegetables, whole-grain cereals, fish, nuts, and olive oil), has received particular attention across more than two decades of studies and discussion.
The benefits of adherence to this type of diet have been evidenced in both epidemiological studies and clinical trials and include reduced risk for developing cancer, metabolic syndrome, and vascular disease, as well as lower incidence of dementia. For example, results from the “Prevencion con Dieta Mediterranea” (PREDIMED) study showed risk of stroke—a major factor in cognitive impairment—was reduced by 46% during the study’s 4.8-year follow-up period (median follow-up time) in participants who followed a Mediterranean-style dietary pattern that included 30g of mixed nuts (7.5g hazelnuts, 7.5g almonds, 15g walnuts) per day.
In a 2014 study at the Department of Public Health and Wellness of Andrews University, lead researchers Peter Pribis, PhD, and Barbara Shukitt-Hale, PhD, reported that, in a subsample of the participants tested for neuropsychological function, higher intakes of olive oil, coffee, walnuts, and wine were associated with better global cognition and memory function. Walnuts, in particular, were linked to better working memory function.
Berry Active
Berries, and other blue, red, and purple fruits and vegetables, are high in polyphenolic compounds, especially anthocyanins, which contribute toward brain health and preserve cognitive function in aging. One large epidemiological study concluded that high consumption of berries, such as blueberries, strawberries, and blackberries, delayed symptoms of cognitive aging by 2.5 years. Much of this benefit comes from antioxidant actions.
The beneficial health effects of blueberries are among the most widely studied. Anthocyanin compounds are able to cross the blood-brain barrier and react directly with the tissue of the brain itself. In animal studies, blueberry supplementation appears to reduce nuclear transcription factor κB, a marker of oxidative stress and inflammation. Blueberry compounds also appear to enhance activation of the cAMP response element binding protein (CREB), which is pivotal for maintaining neuronal plasticity.
Blueberry anthocyanins also increase brain-derived neurotrophic factor (BDNF), a nerve-growth protein that supports neuronal survival and neurogenesis. Supplementation in animals in bench studies correlated closely with increased memory performance. While the study of the effects of anthocyanins in humans is limited to a couple of small-scale studies, the results of the animal models show promise for improving learning, and episodic and spatial memory in older adults with mild cognitive impairment.
The compound resveratrol, a phytoalexin antioxidant found in the skin of red grapes and, hence, red wine also shows potential for preserving brain health. Research in vivo has revealed an impressive list of effects due to this powerful polyphenol also found in blueberries, as well as in cranberries, cocoa (and dark chocolate), and even peanuts and pistachios.
Resveratrol has demonstrated anti-inflammatory, antiviral, and antioxidant properties that not only could support cognitive performance, but also protect against the development of cancer and cardiovascular disease; improve insulin sensitivity; and even increase longevity.
In the brain, resveratrol offers neuroprotection by increasing cerebral blood flow (CBF) and perfusion. In mouse studies, it also attenuated the formation of beta-amyloid placque associated with Alzheimer’s disease. It must be noted that the cited effects might be due, in part, to the cognitive testing paradigms used or the bioavailability of the parent compound. To date, studies assessing the effects of resveratrol on cognition in older adults with cognitive impairment have yet to be conducted.
Vegging Out
Phytochemical micronutrients that are ubiquitous in the diet are predominantly found in fruits and vegetables, as well as coffee, tea, soy, red wine, and chocolate. Basically, they are in any plant food or in foods derived from plant sources. Because of this, other dietary components have been investigated and show promise for promoting brain health.
Of these, there has been rapidly growing interest in dietary nitrate, found in high concentrations in red beets, as well as lettuce and spinach. Dietary nitrate is reduced to nitric oxide in the body, where it acts as a cellular-signaling molecule that promotes endothelial function. A depletion of nitrate is observed in aging and could be a contributing factor to cerebral hypoperfusion—commonly associated with cognitive decline.
Beets, either as juice or in supplement form, have attenuated oxidative stress and inflammation in animal in vitro studies. Positive effects on endothelial function in humans also were observed with beets.
Two recent intervention studies revealed differing effects of acute beet juice consumption on CBF in the prefrontal cortex in older and younger adults. Increased perfusion in this area also was observed in older adults at rest, while reductions in local CBF during completion of cognitive tasks was observed in younger adults.
In the latter study, conducted in 2014 by Thompson, et al., concurrent improvement on one of the cognitive tasks was observed, leading the authors to suggest it as potentially indicative of a positive effect of dietary nitrate on neural efficiency. Whether the observed increased cerebral perfusion in older adults is associated with similar improvements in cognitive performance remains to be studied.
The aforementioned polyphenol class of phytochemicals are prime examples of nutraceutical workhorses found in produce. Despite their diversity, many of the beneficial physiological effects resulting from consumption of polyphenolic compounds are common across the class. These include promoting vascular function, reducing inflammation, combating oxidative stress, and enhancing neuroprotection, all of which contribute to the maintenance of brain health during aging.
For example, the helpful attributes of cocoa flavan-3-ols (flavanols) have been well-documented. At the epidemiological level, their consumption is associated with lower blood pressure and increased peripheral blood flow, and inversely related to incidence of cardiovascular disease in late adulthood.
Studies on young adults demonstrated improved cognitive function during demanding tasks following an acute dose of 520mg cocoa flavanols, and in older adults following an 8-week dietary intervention with both high (993mg/day) and intermediate (520mg/day) doses of the compound. However, null effects have been reported in other studies. Still, dark chocolate benefited greatly from the majority of studies demonstrating at least some possible beneficial attributes.
Spiceworks
Herbs, spices, and their extracts—apart from adding unique flavor—also are known as medicinal plants. These are dried, fragrant aromatic plant substances that contribute taste to foods and beverages, and whose primary function is seasoning rather than nutrition. As medicinals, some are particularly known to boost brain functions and cognitive abilities.
Spices are rich in antioxidants and also are GRAS. The application of such plant-originated ingredients that possess antioxidant and antimicrobial properties might be advantageous in reducing economic losses. They can add to the shelflife of products, as well as provide brain-boosting effects. Although the standard doses of herbs and spices have not yet been established, marketers and consumers should approach the benefits from a whole-diet effect.
Black pepper (Piper nigrum) is one of the most commonly used spices all over the world and, among other strong medicinal benefits, has possible brain-boosting effects. It contains a particularly well-studied compound called piperine that increases brain activity and is able to boost overall cognitive function. It also helps prevent the breakdown of serotonin and has been proven helpful in treatment of neurological conditions like Parkinson’s disease.
Cinnamon is one of the more comprehensively studied spices, when it comes to medicinal value, with widely documented benefits across a spectrum of disease states. It is an anti-inflammatory and anti-tumerogenic, antimicrobial, and antiviral agent with strong antioxidant power. Cinnamon has received intense scrutiny for its ability to help manage blood glucose levels, as well.
As far as brain health is concerned, cinnamon has displayed a potential to treat Alzheimer’s disease by stabilizing the microtubules in the brain. When these microtubules become defective, they can be a causative factor in the development of dementia.
Cinnamon also could improve brain functioning by reducing stress, depression, and anxiety. It also is considered a possible treatment to enhance cognition in the elderly and people with dementia.
Cloves, too, are a common spice with a rich history of traditional use as medicine. And, like cinnamon, it has multiple health capacities for protecting against cancer and cardiovascular disease, and also is a powerful antimicrobial agent. Clove oil common as a topical analgesic, even in Western medicine. Its powerful antioxidant capacity to reduce free-radical formation and improve mental ability is coupled with its reputation as a mental stimulant that can improve attention and alertness.
Nutmeg, another popular spice in the Western pantry, contains myristicin, a compound shown to improve cognitive ability and overall brain activity, and to inhibit specific enzymes that have been linked to the development of Alzheimer’s disease.
The triumvirate of cinnamon, cloves, and nutmeg make a tempting group for pastry manufacturers already including them in products, such as cookies, sweet rolls, spice cakes, and fruit pies.
Herbal Approach
Many botanical plants, both common and less so, are used to maintain cognitive function and brain health. Adding these to one’s diet is beneficial for health and proper brain functionality. Many can be added easily to salads, soups, casseroles, drinks, and other dishes; or used as teas or extracts. Some are believed to greatly improve cognitive skills and support healthy brain function in consumers of all ages.
But, it takes more than pizza to boost brain power. As with spices, the phytochemicals in herbs are part of a cumulative approach to incorporating better-for-you compounds into the diet. Oregano (Origanum vulgare) has excellent antioxidant activity and can prevent free-radical damage to brain cells during the aging process. It plays important role in improving learning abilities, concentration, mood, anxiety, and sleep as well.
Oil extracts of thyme (Thymus vulgaris) are rich in omega-3 fatty acids, which provide protection against cognitive decline due to aging, and also can improve the mind’s capacity for memory and learning.
Rosemary’s (Rosmarinus officinalis) antioxidant and antimicrobial capacity have made it the new favorite source for natural food preservation and safety. Rosemary compounds also improve overall brain health, due to their preventing free-radical damage to the brain, as well as having anti-inflammatory properties. Rosemary particularly is good at reducing the chance of developing a degenerative condition, such as Alzheimer’s, or of having a stroke.
The antioxidants present in sage (Salvia officinalis) also help prevent in the free-radical formation in neural tissues, and boost cognitive function and memory recall. Sage also contains a compound which has been shown to prevent the breakdown of essential neurotransmitters. Holy basil (Ocimum tenuiflorum), also known as tulasi, is commonly used in Southeast Asian, Himalayan, and Indian cuisines. It is becoming better known in the West, as the cuisines of these regions increase in popularity.
Holy basil got its name from Ayurvedic medicine as a powerful curative plant, able to boost brain function by improving circulation and blood-flow to the brain. It has been shown to improve cognitive skills, memory, concentration, and attention, and can improve the body’s response to stress.
Two plants, Bacopa monnieri and Sceletium tortuosum, are new, impressive providers of healthful benefits, especially for cognition. Bacopa has a traditional history as an antipyretic, sedative, and analgesic, and can contribute to memory enhancement and cognitive performance.
Sceletium has been used to enhance mood, promote relaxation, and even create feelings of euphoria. Traditionally, the roots and leaves are fermented and chewed. It has been smoked, used as snuff, or made into a tea or tincture. However, its extracts readily can be incorporated into supplemental beverage shots or other vehicles.
Memory’s Root
Among the roots and root-like plant ingredients for health, many have strong scientific support for health benefits. Turmeric (Curcuma longa) has become the darling of better-for-you beverage makers. It’s active compound, curcumin, joins the above spices, as well as its fellow rhizome cousins, ginger and galangal, as well-documented cornerstones of traditional medicine.
Compounds in turmeric have been shown to reduce the build-up of plaque in the brain that can lead to Alzheimer’s disease. A recent study revealed that turmeric improves memory and reduces the effects of stress. Compounds in turmeric also can improve blood flow; help move glucose to the brain; and reduce inflammation—all of which can improve cognitive function.
Rhodiola (Rhodiola rosea), also called goldenroot, is used for increasing energy, stamina, strength, and mental capacity. It is believed to help the body better adapt to physical, chemical, and environmental stress, and for improving athletic performance; strengthening the nervous system; and helping with depression.
Ginseng (Panax ginseng, etc.) is enjoying a resurgence, after all but disappearing from the functional beverage scene for a number of years. Sometimes added to foods as well, ginseng has been studied as a way to improve mood and build memory. Kava (Piper methysticum) also is the subject of new attention, having a long history as an herbal anti-anxietal and soporific. It’s been used for other nerve issues, such as restlessness and stress-related symptoms, such as muscle tension or spasms.
Kava does not interfere with mental sharpness. When taken for sleep problems, kava promotes deep sleep. However, there still are controversies associated with it, due to its active compounds—kavalactones—having a tendency to interfere with other medications and even cause liver problems when overused or used in conjunction with alcohol. Still, the science supporting the anecdotal traditions has turned out to be unusually strong.
Omegas for Thinking
Omega-3 polyunsaturated fatty acids (PUFAs) are long-chain lipid compounds found in algae, seaweed, marine animals, nuts (especially walnuts), seeds (including chia, flax, hemp, and others), and some produce (such as olives and avocados). These essential fatty acids are among the most studied healthful ingredients known, with a long history of playing essential roles in cognitive ability, too.
The key omega-3s in use in foods and beverages, as well as supplements, are docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA). There is strong evidence that adequate omega−6:omega−3 ratio could be beneficial to health because of increased antioxidant, anti-inflammatory, and anti-arrhythmic functions.
Multiple studies show reduced intake of omega-3s is associated with increased risk of age-related cognitive decline or dementia, including Alzheimer disease. Scientists believe the omega-3 fatty acid DHA is especially protective against Alzheimer’s and dementia. DHA, in particular, is uniquely accumulated in the tissue of the central nervous system, and its presence beneficially impacts upon plasma membrane function, synaptic transmission, and cellular signaling.
Recent MRI studies have indicated that higher circulating levels of omega-3 PUFAs are associated with reduced white matter damage and grey matter atrophy—outcomes that also were shown to improve, along with executive function, following a 6-month dietary intervention of 2.2g/day EPA+DHA in healthy 50-75-year-olds. Underpinning these effects are the many actions of DHA and EPA in the brain.
A number of neuroprotective properties of DHA and EPA exhibit an ability to improve brain health. These include attenuation of inflammatory responses by suppressing pro-inflammatory pathways and up-regulating pro-resolving mediators, such as neuroprotection; or by modulating mitochondrial function and reducing oxidative stress.
In addition to these mechanisms, human and animal studies both suggest that dietary supplementation with omega-3 PUFAs improves regional CBF, which contributes to the preservation of both brain structure and function. Results from animal research on adult hippocampal neurogenesis, which declines with age, indicate that neurogenesis appears to be stimulated with omega-3 supplementation and with concurrent improvements in cognitive function.
While supplementation studies in healthy adults have been less conclusive, two recent meta-analyses revealed that supplementation with omega-3 PUFAs has a beneficial effect on episodic memory in subjects characterized as suffering from mild memory complaints and a marginal effect of on working memory in subjects with low baseline omega-3 PUFA status.
Functional foods containing omega-3s are one of the fastest growing food product categories in the US and Europe. A prerequisite for successful development of foods enriched with lipids containing PUFAs is successful prevention of oxidation. Lipid oxidation and antioxidant mechanisms in multiphase food systems are highly complex, and multiple factors can influence the rate and extent of lipid oxidation and, thus, the efficacy of different antioxidants in such systems.
The specific effectiveness of a diet designed for healthy cognition and memory is of great interest. The intake of fats, proteins, and micronutrirents must be considered with a whole-diet approach, and the possibility of interactions and synergies explored, as well.
All available evidence suggests consuming foods and beverages heavy in components and ingredients typical to the Mediterranean-style diet, including high amounts of omega-3 fatty acids, is beneficial for preserving brain health and function, especially during aging.
Originally appeared in the July, 2016 issue of Prepared Foods as Brain Boosters. | https://www.preparedfoods.com/articles/118431-brain-boosting-foods |
Yang J, Yan Y, Xia Y, Kang T, Li X, Ciric B, Xu H, Rostami A, Zhang GX.Neurotrophin 3 Transduction Augments Remyelinating and Immunomodulatory Capacity of Neural Stem Cells. Mol Ther. 2013 Oct 17. doi: 10.1038/mt.2013.241. [Epub ahead of print]
Neural stem cells (NSCs) have therapeutic potential in experimental autoimmune encephalomyelitis (EAE), an animal model of multiple sclerosis(MS); however, to date, their use has resulted in only limited clinical and pathological improvement. To enhance their therapeutic capacity, in the present study, we transduced bone marrow-derived NSCs (BM-NSCs) with neurotrophin 3 (NT-3), a potent neurotrophic factor that is both neuroprotective and immunomodulatory. We found that BM-NSCs transduced with NT-3 reduced central nervous system (CNS) inflammation and neurological deficits in ongoing EAE significantly more than conventional NSC therapy, and, in addition, had the following advantages: (i) enhanced BM-NSC proliferation and differentiation into oligodendrocytes and neurons, as well as inhibited differentiation into astrocytes, thus promoting remyelination and neuronal repopulation, and reducing astrogliosis; (ii) enhanced anti-inflammatory capacity of BM-NSCs, thus more effectively suppressing CNS inflammation and accelerating remyelination; (iii) the easy accessibility of BM-NSCs provides another advantage over brain-derived NSCs for MS therapy; and (iv) a novel Tet-on system we used enables efficient control of NT-3 expression. Thus, our study provides a novel approach to break the vicious inflammation-demyelination cycle, and could pave the way to an easily accessible and highly effective therapy for CNS inflammatory demyelination.
Well yet another target for promoting repair. Neurotrophin-3 is
is a neurotrophic factor in the NGF (Nerve Growth Factor) family of neurotrophins. It is a protein growth factor which has activity on certain neurons of the peripheral and central nervous system; it helps to support the survival and differentiation of existing neurons, and encourages the growth and differentiation of new neurons and synapses. This approach genetically engineers stem cells to produce a remyelinating factor and these work better than non-transfected cells. TeamG have investigated his approach for other molecules to get goodies into the brain using this Trojan Horse effect. However, this is still a bit more science fantasy rather than science reality for clinical use. | https://multiple-sclerosis-research.org/2013/11/another-repair-factor-delivered-in-a-stem-cells/ |
Table 4 lists the results of 27 tasks from 23 articles on the effects of d-AMP or MPH on working memory. The oldest and most commonly used type of working memory task in this literature is the Sternberg short-term memory scanning paradigm (Sternberg, 1966), in which subjects hold a set of items (typically letters or numbers) in working memory and are then presented with probe items, to which they must respond “yes” (in the set) or “no” (not in the set). The size of the set, and hence the working memory demand, is sometimes varied, and the set itself may be varied from trial to trial to maximize working memory demands or may remain fixed over a block of trials. Taken together, the studies that have used a version of this task to test the effects of MPH and d-AMP on working memory have found mixed and somewhat ambiguous results. No pattern is apparent concerning the specific version of the task or the specific drug. Four studies found no effect (Callaway, 1983; Kennedy, Odenheimer, Baltzley, Dunlap, & Wood, 1990; Mintzer & Griffiths, 2007; Tipper et al., 2005), three found faster responses with the drugs (Fitzpatrick, Klorman, Brumaghim, & Keefover, 1988; Ward et al., 1997; D. E. Wilson et al., 1971), and one found higher accuracy in some testing sessions at some dosages, but no main effect of drug (Makris et al., 2007). The meaningfulness of the increased speed of responding is uncertain, given that it could reflect speeding of general response processes rather than working memory–related processes. Aspects of the results of two studies suggest that the effects are likely due to processes other than working memory: D. E. Wilson et al. (1971) reported comparable speeding in a simple task without working memory demands, and Tipper et al. (2005) reported comparable speeding across set sizes.
Use of prescription stimulants by normal healthy individuals to enhance cognition is said to be on the rise. Who is using these medications for cognitive enhancement, and how prevalent is this practice? Do prescription stimulants in fact enhance cognition for normal healthy people? We review the epidemiological and cognitive neuroscience literatures in search of answers to these questions. Epidemiological issues addressed include the prevalence of nonmedical stimulant use, user demographics, methods by which users obtain prescription stimulants, and motivations for use. Cognitive neuroscience issues addressed include the effects of prescription stimulants on learning and executive function, as well as the task and individual variables associated with these effects. Little is known about the prevalence of prescription stimulant use for cognitive enhancement outside of student populations. Among college students, estimates of use vary widely but, taken together, suggest that the practice is commonplace. The cognitive effects of stimulants on normal healthy people cannot yet be characterized definitively, despite the volume of research that has been carried out on these issues. Published evidence suggests that declarative memory can be improved by stimulants, with some evidence consistent with enhanced consolidation of memories. Effects on the executive functions of working memory and cognitive control are less reliable but have been found for at least some individuals on some tasks. In closing, we enumerate the many outstanding questions that remain to be addressed by future research and also identify obstacles facing this research.
There are some other promising prescription drugs that may have performance-related effects on the brain. But at this point, all of them seem to involve a roll of the dice. You may experience a short-term brain boost, but you could also end up harming your brain (or some other aspect of your health) in the long run. “To date, there is no safe drug that may increase cognition in healthy adults,” Fond says of ADHD drugs, modafinil and other prescription nootropics.
The pill delivers an intestinal injection without exposing the drug to digestive enzymes. The patient takes what seems to be an ordinary capsule, but the “robotic” pill is a sophisticated device which incorporates a number of innovations, enabling it to navigate through the stomach and enter the small intestine. The Rani Pill™ goes through a transformation and positions itself to inject the drug into the intestinal wall.
One possibility is that when an individual takes a drug like noopept, they experience greater alertness and mental clarity. So, while the objective ability to see may not actually improve, the ability to process visual stimuli increases, resulting in the perception of improved vision. This allows individuals to process visual cues more quickly, take in scenes more easily, and allows for the increased perception of smaller details.
Because these drugs modulate important neurotransmitter systems such as dopamine and noradrenaline, users take significant risks with unregulated use. There has not yet been any definitive research into modafinil's addictive potential, how its effects might change with prolonged sleep deprivation, or what side effects are likely at doses outside the prescribed range.
First was a combination of L-theanine and aniracetam, a synthetic compound prescribed in Europe to treat degenerative neurological diseases. I tested it by downing the recommended dosages and then tinkering with a story I had finished a few days earlier, back when caffeine was my only performance-enhancing drug. I zoomed through the document with renewed vigor, striking some sentences wholesale and rearranging others to make them tighter and punchier. | http://careyoukeep.com/strongest-nootropics-best-supplements-for-cognitive-function.html |
Skin and hair follicles are both source and target of various cytokines and neurotrophins (NTs). While several pro-inflammatory cytokines are recognized to alter the expression of NTs and their receptors (NTRs), for example, on brain cells and fibroblasts in vitro, it is unknown whether this also occurs in normal mammalian skin in vivo. As a first step toward exploring this, we studied in murine back skin (C57BL/6) whether intradermally injected interleukin-1β (IL-1β), tumor necrosis factor-α (TNF-α), and interferon-γ (IFN-γ) altered the cutaneous immunoreactivity patterns of nerve growth factor (NGF), brain-derived neurotrophic factor (BDNF), neurotrophin-3 (NT-3), neurotrophin-4 (NT-4), Trk-A, Trk-B, Trk-C and p75NTR and their receptors (TrkA, TrkB, TrkC, p75NTR) on the protein level in situ. By immunohistology, IFNγ, IL-1β, and TNF-α as well as a cocktail of all three cytokines increased NGF immunoreactivity (IR) in the proximal outer root sheath and hair matrix of anagen VI pelage hair follicles. The cytokine cocktail upregulated NT-3 and NT-4 IR in the epidermis, increased NT-4 IR in selected cells of the proximal outer root sheath, and also enhanced IR of p75NTR, in the follicular dermal papilla. Therefore, this pilot study provides the first preliminary indications that proinflammatory cytokines upregulate the cutaneous immunoreactivity of NGF, NT-3, NT-4 and their receptor p75NTR in vivo. This raises the question to which extent several of the recognized cutaneous effects of IFNγ, IL-1β and TNF-α are mediated indirectly via modulating the expression of selected NTs and/or NTRs. | https://miami.pure.elsevier.com/en/publications/pro-inflammatory-cytokines-upregulate-the-skin-immunoreactivity-f |
The three transmembrane receptors TrkA, TrkB, and TrkC (encoded by the genes NTRK1, NTRK2, and NTRK3 respectively) make up the Trk receptor family. This family of receptors are all activated by protein nerve growth factors, or neurotrophins. Also, there are other neurotrophic factors structurally related to NGF: BDNF (for Brain-Derived Neurotrophic Factor), NT-3 (for Neurotrophin-3) and NT-4 (for Neurotrophin-4). While TrkA mediates the effects of NGF, TrkB is bound and activated by BDNF, NT-4, and NT-3. Further, TrkC binds and is activated by NT-3. In one study, the Trk gene was removed from embryonic mice stem cells which led to severe neurological disease, causing most mice to die one month after birth. Thus, Trk is the mediator of developmental and growth processes of NGF, and plays a critical role in the development of the nervous system in many organisms.
There is one other NGF receptor besides TrkA, called the "LNGFR" (for "Low-affinity nerve growth factor receptor "). As opposed to TrkA, the LNGFR plays a somewhat less clear role in NGF biology. Some researchers have shown the LNGFR binds and serves as a "sink" for neurotrophins. Cells which express both the LNGFR and the Trk receptors might therefore have a greater activity – since they have a higher "microconcentration" of the neurotrophin. It has also been shown, however, that in the absence of a co-expressed TrkA, the LNGFR may signal a cell to die via apoptosis – so therefore cells expressing the LNGFR in the absence of Trk receptors may die rather than live in the presence of a neurotrophin.
There are several studies that highlight TrkA's role in various diseases. In one study conducted on two rat models, an inhibition of TrkA with AR786 led to a reduction in joint swelling, joint damage, and pain caused by inflammatory arthritis. Thus, blocking the binding of NGF allows for the alleviation of side effects from inherited arthritis, potentially highlighting a model to aid human inflammatory arthritis.
In one study done on patients with functional dyspepsia, scientists found a significant increase in TrkA and nerve growth factor in gastric mucosa. The increase of TrkA and nerve growth factor is linked to indigestion and gastric symptoms in patients, thus this increase may be linked with the development of functional dyspepsia.
In one study, a total absence of TrkA receptor was found in keratoconus-affected corneas, along with an increased level of repressor isoform of Sp3 transcription factor.
Gene fusions involving NTRK1 have been shown to be oncogenic, leading to the constitutive TrkA activation. In a research study by Vaishnavi A. et al., NTRK1 fusions are estimated to occur in 3.3% of lung cancer as assessed through next generation sequencing or fluorescence in situ hybridization.
While in some contexts, Trk A is oncogenic, in other contexts TrkA has the ability to induced terminal differentiation in cancer cells, halting cellular division. In some cancers, like neuroblastoma, TrkA is seen as a good prognostic marker as it is linked to spontaneous tumor regression.
The levels of distinct proteins can be regulated by the "ubiquitin/proteasome" system. In this system, a small (7–8 kd)protein called "ubiquitin" is affixed to a target protein, and is thereby targeted for destruction by a structure called the "proteasome". TrkA is targeted for proteasome-mediated destruction by an "E3 ubiquitin ligase" called NEDD4-2. This mechanism may be a distinct way to control the survival of a neuron. The extent and maybe type of TrkA ubiquitiniation can be regulated by the other, unrelated receptor for NGF, p75NTR.
TrkA has been shown to interact with:
Small molecules such as amitriptyline and gambogic acid derivatives have been claimed to activate TrkA. Amitriptyline activates TrkA and facilitates the heterodimerization of TrkA and TrkB in the absence of NGF. Binding of amitriptyline to TrkA occurs to the Leucine Rich Region (LRR) of the extracellular domain of the receptor, which is distinct from the NGF binding site. Amitryptiline possesses neurotrophic activity both in-vitro and in-vivo (mouse model). Gambogic amide, a derivative of gambogic acid, selectively activates TrkA (but not TrkB and TrkC) both in-vitro and in-vivo by interacting with the cytoplasmic juxtamembrane domain of TrkA.
TrkA has a dual role in cancer. TrkA was originally cloned from a colon tumor; the cancer occurred via a translocation, which resulted in the activation of the TrkA kinase domain. Although originally identified as an oncogenic fusion in 1982, only recently has there been a renewed interest in the Trk family as it relates to its role in human cancers because of the identification of NTRK1 (TrkA), NTRK2 (TrkB) and NTRK3 (TrkC) gene fusions and other oncogenic alterations in a number of tumor types. The mechanism of activation of the Human Trk oncogene is suspected to involve a folding of its kinase domain, leading the receptor to remain constitutively active. In contrast, Trk A also has the potential to induce differentiation and spontaneous regression of cancer in infants.
There are several Trk inhibitors that have been FDA approved, and have been clinically seen to counteract the effects of Trk over-expression by acting as a Trk inhibitor.
Entrectinib (formerly RXDX-101) is an investigational drug developed by Ignyta, Inc., which has potential antitumor activity. It is a selective pan-trk receptor tyrosine kinase inhibitor (TKI) targeting gene fusions in trkA, trkB, and trkC (coded by NTRK1, NTRK2, and NTRK3 genes) that is currently in phase 2 clinical testing.
""Larotrectinib"" is an inhibitor to all of the Trk receptors (TrkA, TrkB, and TrkC) and the drug is used as a treatment for tumors with Trk fusions. A clinical study analyzing the efficiency of the drug found that Larotrectinib was an effective anti tumor treatment, and worked efficiently regardless of age of the patient or tumor type; additionally, the drug did not have long lasting side effects, highlighting the beneficial use of this drug in treating Trk fusions.
Brain-derived neurotrophic factor (BDNF), or abrineurin, is a protein that, in humans, is encoded by the BDNF gene. BDNF is a member of the neurotrophin family of growth factors, which are related to the canonical nerve growth factor. Neurotrophic factors are found in the brain and the periphery. BDNF was first isolated from pig brain in 1982 by Yves-Alain Barde and Hans Thoenen.
Neurotrophins are a family of proteins that induce the survival, development, and function of neurons.
Nerve growth factor (NGF) is a neurotrophic factor and neuropeptide primarily involved in the regulation of growth, maintenance, proliferation, and survival of certain target neurons. It is perhaps the prototypical growth factor, in that it was one of the first to be described. Since it was first isolated by Nobel Laureates Rita Levi-Montalcini and Stanley Cohen in 1956, numerous biological processes involving NGF have been identified, two of them being the survival of pancreatic beta cells and the regulation of the immune system.
Tyrosine-protein kinase ABL1 also known as ABL1 is a protein that, in humans, is encoded by the ABL1 gene located on chromosome 9. c-Abl is sometimes used to refer to the version of the gene found within the mammalian genome, while v-Abl refers to the viral gene, which was initially isolated from the Abelson murine leukemia virus.
Tropomyosin receptor kinase B (TrkB), also known as tyrosine receptor kinase B, or BDNF/NT-3 growth factors receptor or neurotrophic tyrosine kinase, receptor, type 2 is a protein that in humans is encoded by the NTRK2 gene. TrkB is a receptor for brain-derived neurotrophic factor (BDNF). Standard pronunciation is "track bee".
The p75 neurotrophin receptor (p75NTR) was first identified in 1973 as the low-affinity nerve growth factor receptor (LNGFR) before discovery that p75NTR bound other neurotrophins equally well as nerve growth factor. p75NTR is a neurotrophic factor receptor. Neurotrophic factor receptors bind Neurotrophins including Nerve growth factor, Neurotrophin-3, Brain-derived neurotrophic factor, and Neurotrophin-4. All neurotrophins bind to p75NTR. This also includes the immature pro-neurotrophin forms. Neurotrophic factor receptors, including p75NTR, are responsible for ensuring a proper density to target ratio of developing neurons, refining broader maps in development into precise connections. p75NTR is involved in pathways that promote neuronal survival and neuronal death.
Tropomyosin receptor kinase C (TrkC), also known as NT-3 growth factor receptor, neurotrophic tyrosine kinase receptor type 3, or TrkC tyrosine kinase is a protein that in humans is encoded by the NTRK3 gene.
Neurotrophic factors (NTFs) are a family of biomolecules – nearly all of which are peptides or small proteins – that support the growth, survival, and differentiation of both developing and mature neurons. Most NTFs exert their trophic effects on neurons by signaling through tyrosine kinases, usually a receptor tyrosine kinase. In the mature nervous system, they promote neuronal survival, induce synaptic plasticity, and modulate the formation of long-term memories. Neurotrophic factors also promote the initial growth and development of neurons in the central nervous system and peripheral nervous system, and they are capable of regrowing damaged neurons in test tubes and animal models. Some neurotrophic factors are also released by the target tissue in order to guide the growth of developing axons. Most neurotrophic factors belong to one of three families: (1) neurotrophins, (2) glial cell-line derived neurotrophic factor family ligands (GFLs), and (3) neuropoietic cytokines. Each family has its own distinct cell signaling mechanisms, although the cellular responses elicited often do overlap.
Receptor tyrosine kinases (RTKs) are the high-affinity cell surface receptors for many polypeptide growth factors, cytokines, and hormones. Of the 90 unique tyrosine kinase genes identified in the human genome, 58 encode receptor tyrosine kinase proteins. Receptor tyrosine kinases have been shown not only to be key regulators of normal cellular processes but also to have a critical role in the development and progression of many types of cancer. Mutations in receptor tyrosine kinases lead to activation of a series of signalling cascades which have numerous effects on protein expression. Receptor tyrosine kinases are part of the larger family of protein tyrosine kinases, encompassing the receptor tyrosine kinase proteins which contain a transmembrane domain, as well as the non-receptor tyrosine kinases which do not possess transmembrane domains.
Neurotrophin-3 is a protein that in humans is encoded by the NTF3 gene.
Neurotrophin-4 (NT-4), also known as neurotrophin-5 (NT-5), is a protein that in humans is encoded by the NTF4 gene. It is a neurotrophic factor that signals predominantly through the TrkB receptor tyrosine kinase.
ETV6 protein is a transcription factor that in humans is encoded by the ETV6 gene. The ETV6 protein regulates the development and growth of diverse cell types, particularly those of hematological tissues. However, its gene, ETV6 frequently suffers various mutations that lead to an array of potentially lethal cancers, i.e., ETV6 is a clinically significant proto-oncogene in that it can fuse with other genes to drive the development and/or progression of certain cancers. However, ETV6 is also an anti-oncogene or tumor suppressor gene in that mutations in it that encode for a truncated and therefore inactive protein are also associated with certain types of cancers.
Fibroblast growth factor receptor substrate 2 is a protein that in humans is encoded by the FRS2 gene.
Trk receptors are a family of tyrosine kinases that regulates synaptic strength and plasticity in the mammalian nervous system. Trk receptors affect neuronal survival and differentiation through several signaling cascades. However, the activation of these receptors also has significant effects on functional properties of neurons.
SHC-transforming protein 3 is a protein that in humans is encoded by the SHC3 gene.
Proto-oncogene tyrosine-protein kinase ROS is an enzyme that in humans is encoded by the ROS1 gene.
Neurotrophic factor receptors or neurotrophin receptors are a group of growth factor receptors which specifically bind to neurotrophins.
ETV6-NTRK3 gene fusion is the translocation of genetic material between the ETV6 gene located on the short arm of chromosome 12 at position p13.2 and the NTRK3 gene located on the long arm of chromosome 15 at position q25.3 to create the (12;15)(p13;q25) fusion gene, ETV6-NTRK3. This new gene consists of the 5' end of ETV6 fused to the 3' end of NTRK3. ETV6-NTRK3 therefore codes for a chimeric oncoprotein consisting of the helix-loop-helix (HLH) protein dimerization domain of the ETV6 protein fused to the tyrosine kinase domain of the NTRK3 protein. The ETV6 gene codes for the transcription factor protein, ETV6, which suppresses the expression of, and thereby regulates, various genes that in mice are required for normal hematopoiesis as well as the development and maintenance of the vascular network. NTRK3 codes for Tropomyosin receptor kinase C a NT-3 growth factor receptor cell surface protein that when bound to its growth factor ligand, neurotrophin-3, becomes an active tyrosine kinase that phosphorylates tyrosine residues on, and thereby stimulates, signaling proteins that promote the growth, survival, and proliferation of their parent cells. The tyrosine kinase of the ETV6-NTRK3 fusion protein is dysfunctional in that it is continuously active in phosphorylating tyrosine residues on, and thereby continuously stimulating, proteins that promote the growth, survival, and proliferation of their parent cells. In consequence, these cells take on malignant characteristics and are on the pathway of becoming cancerous. Indeed, the ETV6-NTRK3 fusion gene appears to be a critical driver of several types of cancers. It was originally identified in congenital fibrosarcoma and subsequently found in secretory breast cancer, Mammary analogue secretory carcinoma of salivary glands, congenital fibrosarcoma, congenital mesoblastic nephroma, rare cases of acute myelogenous leukemia, ALK-negative Inflammatory myofibroblastic tumour, cholangiocarcinoma, and radiation-induced papillary thyroid carcinoma.
Entrectinib, sold under the brand name Rozlytrek, is an anti-cancer medication used to treat ROS1-positive non-small cell lung cancer and NTRK fusion-positive solid tumors. It is a selective tyrosine kinase inhibitor (TKI), of the tropomyosin receptor kinases (TRK) A, B and C, C-ros oncogene 1 (ROS1) and anaplastic lymphoma kinase (ALK).
Mammary analogue secretory carcinoma (MASC) is a salivary gland neoplasm that shares a genetic mutation with certain types of breast cancer. MASCSG was first described by Skálová et al. in 2010. The authors of this report found a chromosome translocation in certain salivary gland tumors that was identical to the (12;15)(p13;q25) fusion gene mutation found previously in secretory carcinoma, a subtype of invasive ductal carcinoma of the breast.
Another common feature of neurotrophins is that they produce their physiologic effects by means of the tropomyosin receptor kinase (Trk) receptor family (also known as the tyrosine receptor kinase family). ...
Trk receptors
All neurotrophins bind to a class of highly homologous receptor tyrosine kinases known as Trk receptors, of which three types are known: TrkA, TrkB, and TrkC. These transmembrane receptors are glycoproteins whose molecular masses range from 140 to 145 kDa. Each type of Trk receptor tends to bind specific neurotrophins: TrkA is the receptor for NGF, TrkB the receptor for BDNF and NT-4, and TrkC the receptor for NT-3.However, some overlap in the specificity of these receptors has been noted. | https://wikimili.com/en/Tropomyosin_receptor_kinase_A |
Please use this identifier to cite or link to this item:
http://hdl.handle.net/2440/17438
|Citations|
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|Type:||Journal article|
|Title:||Integrative assessment of brain and cognitive function in post-traumatic stress disorder|
|Author:||Veltmeyer, M.|
Clark, C.
McFarlane, A.
Felmingham, K.
Bryant, R.
Gordon, E.
|Citation:||Journal of Integrative Neuroscience, 2005; 4(1):145-159|
|Publisher:||Inperial College Press|
|Issue Date:||2005|
|ISSN:||0219-6352|
1757-448X
|Statement of|
Responsibility:
|Melinda D. Veltmeyer; C. Richard Clark; Alexander C. McFarlane; Kim L. Felmingham; Richard A. Bryant; Evian Gordon|
|Abstract:||The present study combined neuropsychological and electrophysiological measures to obtain a comprehensive profile of the everyday attentional and memory dysfunction reported in PTSD. The event-related potential (ERP) literature has consistently found abnormalities in late components (N2, P3) reflecting working memory (WM) function. However, the neuropsychological profile reported in the literature has considerable variation. The present study examined ERP activity in 33 PTSD participants and matched controls during a standard two-tone auditory oddball task. Neuropsychological assessment was carried out using a task battery assessing a wide range of cognitive functions. Consistent with previous work, the PTSD group showed delayed N2 latency and reduced P3 target amplitude, together with slower and less accurate target detection. Scalp topography provided evidence of widespread abnormality during WM function, but with strongest effects broadly over the left hemisphere. Neuropsychological testing found concomitant difficulties on factorial measures of verbal memory retention/access and sustained attention but enhanced performance on measures of immediate recall. This integrative pattern of effects reflects a specific impairment in the operation of working memory systems that guide ongoing, planned behavior and that facilitate the acquisition and retention of new memories.|
|Keywords:||Brain; Humans; Electroencephalography; Verbal Behavior; Cognition; Maze Learning; Memory, Short-Term; Choice Behavior; Psychomotor Performance; Arousal; Attention; Reaction Time; Stress Disorders, Post-Traumatic; Psychiatric Status Rating Scales; Electrophysiology; Evoked Potentials; Adult; Female; Male|
|Description:||Copyright © 2005 Imperial College Press|
|RMID:||0020052715|
|DOI:||10.1142/S0219635205000719|
|Appears in Collections:||Psychiatry publications|
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Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated. | https://digital.library.adelaide.edu.au/dspace/handle/2440/17438 |
She believes in cultivating a meaningful relationship with her clients, helping them to find solutions and skills that work for them. She works with her clients to identify patterns and narratives that are no longer serving them, then together develop an individualized approach to help navigate their concerns. Through techniques such as mindfulness, compassionate confrontation, and emotional regulation, she aims to empower her clients to cultivate a sense of self-awareness, self-compassion and self-respect that will continue to serve them in life outside of the therapy room. In addition to therapy, Becca is also a yoga teacher and incorporates aspects of this knowledge into her practice.
Becca offers individual and couples services. She incorporates techniques of mindfulness, cognitive-behavioral strategies, and compassionate confrontation in session. Specialties include current and historic trauma processing, anxiety or depression management, grief processing, and adjustment to transitions, as well as many other services. | https://www.positiveoutlookcounseling.com/about-dallas-lpc-counselor/rebecca-trejo/ |
We are all moving at an accelerated pace these days at work and home which can lead us to lose our sense of self -- connection with ourself and others. Relationships suffer due to the inability to set limits and boundaries, or express needs and feelings in a way that can be heard. Many of my clients of all ages seek support with navigating life transitions, relationship issues, daily stress and anxiety, and releasing shame, self-doubt and negative beliefs like "I'm not good enough."
My Background and Approach
For many years, I saw clients and taught Reiki and breathwork before I went to graduate school to earn my Masters in Counseling Psychology at JFK University. I am a Licensed Marriage & Family Therapist currently practicing in Pleasant Hill. I speak Spanish fluently and enjoy working with the Latino community. My approach is holistic including somatic and transpersonal techniques to help my clients increase their self-awareness on all levels of their being – emotional, mental, physical and spiritual. I utilize breath, visualization, body sensations, mindfulness, art therapy and intuitive counseling to guide sessions and support clients with gently increasing self-awareness and creating positive change within themselves. | http://td-lb1-916219460.us-west-2.elb.amazonaws.com/therapist/tessa-barrows-pleasant-hill-ca |
I believe we all posses the inner resources necessary for healing and transformation. My job as a therapist is to guide clients in connecting with their inherent source of strength, compassion, and wisdom. I work collaboratively with clients to facilitate lasting change, deepen self-awareness and understanding, and create space for a more authentic, meaningful, and fulfilling life.
Training and Experience
I received my graduate degree in counseling from Naropa University, a contemplative, Buddhist-inspired school in Boulder, Colorado. At Naropa, I studied both eastern and western psychology and developed a foundation for becoming a relational, holistic, attuned therapist. The contemplative focus inspired me to study meditation in greater depth, and mindfulness practice remains a significant focus of my life, both personally and professionally.
I have an undergraduate degree from Lawrence University in Appleton, Wisconsin. My BA is in Studio Art, and I’ve always valued the creative process as form of expression as well as a form of healing. I enjoy incorporating creative therapies into my work with clients, and find that artistic expression can greatly enhance and enrich the healing process.
My professional experience has included therapeutic work with adolescents, children, couples, and families, as well as individuals seeking personal change. My focus areas are gender and sexuality, anxiety, family of origin and relational issues, stress reduction, and identity formation. My experience includes working in urban community mental health, helping develop a rural LGBTQ counseling program, supporting HIV affected adults, and facilitating substance abuse prevention groups for at-risk youth.
Degrees and Certifications
Naropa University, MA Transpersonal Psychology- 2012
Lawrence University, BA Studio Art- 2007
Gestalt Institute of the Rockies
Completed a year-long Gestalt therapy training program centered on a relational view of human development through the lifespan, with a special focus on couples and family therapy.
Internal Family Systems- Level 1
Certified in Level One of the Internal Family Systems (IFS) therapy model. IFS is a collaborative, body-based therapeutic modality that focuses accessing the client’s inherent sense of wisdom and balance.
Psychotherapy
My therapeutic approach is rooted in mindfulness, awareness, and integration of the whole self. I envision my role as collaborator and facilitator in your journey towards balance, authenticity, and contentment. We’ll work together to identify areas of vulnerability and areas of strength, and find ways to create the change you’re seeking in your life.
Range of Focus
- LGBTQ Affirmative Practice
- Trans* and Gender Variant Populations
- Gender and Sexuality Issues in Children, Adolescents, and Adults
- Depression/Anxiety
- Relational Issues
- Couples/Family Therapy
- Spirituality and Contemplative Practice
- Women's Issues
- Identity Formation
- Emerging Adulthood
Availability
Monday-Thursday
Contact Information
1300 W. Belmont, Suite 400
Chicago, IL 60657
1740 Ridge Ave., Suite 218
Evanston, IL 60201 | http://liveoakchicago.com/clare-okubo |
This is an evidence-based, action-oriented, psychosocial form of therapy that focuses on the role of our thoughts (cognition) and actions (behaviours) in the maintenance of psychological problems. Treatment focuses on understanding and changing maladaptive thinking patterns and replacing undesirable behaviours with more adaptive ones.
This is an scientifically-based approach that utilizes methods that help individuals accept, express, regulate, make sense of and transform emotion. Emotions tell us what is important in a situation and thus guide as to what we need or want. Connecting to these emotions in the presence of an attuned therapist will help you identify the right course of action.
This is an insight-oriented therapy that focuses on helping individuals increase their self-awareness and understanding of the past on present behaviour.
This is a modified form of Cognitive Behavioural Therapy (CBT) that is comprehensive and evidenced-based. DBT teaches clients better cope with stress, regulate emotions, and improve relationships with others. Emotion validation/acceptance and learning new behaviours and skills
via skills training (e.g., mindfulness, emotion-regulation, distress tolerance, interpersonal effectiveness), exposure therapy, cognitive therapy, and contingency management are core aspects of this type of therapy.
This is a body-oriented type of therapy that integrates sensorimotor processing (understanding body-based symptoms and feelings) with cognitive and emotional processing. This type of therapy draws heavily on neuroscience and the science of attachment. | https://drdinabuttu.com/evidenced-based-practice/ |
Approaches: Person-Centered Therapy, Cognitive-Behavioral (CBT), Rational-Emotive-Behavioral (REBT), Mindfulness, Psychoeducation.
Lloyd Horgan is an active & passionate member of the mental health scene in Limerick City and County where he enthusiastically engages in frequent promotion of positive mental health, often offering talks on topics such as stress & anxiety. Lloyd facilitates groups such as mindfulness meditation with Limerick Mental Health Association & additionally presides on the Youth Advisory Panel with Jigsaw Limerick who work with children & adolescents where he hopes to soon be involved on a national level. Lloyd is currently entering his final year of his BA (Hons) Degree in Counselling & Psychotherapy and holds previous qualifications in Social studies, Mental Health Nursing & has undertook adequate training programs in suicide intervention.
As a therapist, Lloyd believes it to be essential to work with a client on building upon both their emotional resilience and emotional intelligence. Lloyd particularly focuses upon increasing one’s self-awareness through the use of mindfulness and integrates this with CBT/REBT techniques to challenge irrational thinking, beliefs & behaviors. Lloyd believes in empowering his clients through equipping them with the necessary tools to combat areas of significant struggle in their lives and he personally regards counselling as a process of ‘helping others to help themselves’ through working with the client along a journey of self-discovery and personal growth.
“The secret of change is to focus all of your energy, not on fighting the old, but on building the new.” – Socrates
Lloyd Horgan works with individuals presenting with: | https://mymind.org/team/lloyd-horgan/ |
Amistad is a Therapist based in Texas USA. My areas of speciality include therapeutic practices. This profile is currently unclaimed; please validate the details are current when communicating with the mental health professional.
Therapist Overview
When we are in pain, we often hold a belief that we are broken. One of my goals as a therapist is to redefine broken and help my clients develop greater self-understanding and acceptance. Much of our emotional distress can result from feeling disconnected from ourselves and others. Therapy can promote connection and personal growth by fostering healthy relationships, developing self-awareness, accepting unpleasant emotions, and cultivating a real sense of hope that we can turn our negative experiences into positive change and transformation. I work from a collaborative and client-centered approach and I believe therapy should be an empowering experience that prepares my clients to face life with confidence in their own strength and wisdom. Life is challenging and therapy is a place where you can explore those challenges and grow from them. I am committed to being a part of your healing process and helping you tap into your hidden strengths. If you are interested in working with me, please contact me to schedule an appointment or for more information. I look forward to hearing from you!
Contact Details
Practice Address: | https://allcounseling.com/therapists/amistad/ |
I am inspired by the resilience of humans and passionate about helping people to feel more at ease in their lives, cope with struggles, and achieve more of what they want. I have been working and studying in Toronto for the past 15 years. I love city life but find my way to water and nature as much as possible.
I graduated from The Canadian College of Naturopathic Medicine in 2006 and have been in private practice for 10 years as a Naturopathic Doctor. Naturopathic medicine emphasizes the importance of taking a holistic approach to wellness, which includes mental health counselling. Counselling felt like a natural extension of my work and so I have spent the last decade studying several approaches to psychotherapy. I am currently completing my fifth and final year of the psychotherapy program through the Gestalt Institute of Toronto toward a Psychotherapist designation with the College of Registered Psychotherapists of Ontario*.
*I see clients in my office under the clinical supervision - this means that I work with a supervisor to help direct and support the work we are doing together.
Who You Are
Who You Are
People struggle - to varying degrees and over varying periods of time. Sometimes for specific reasons and other times for reasons unknown. Emotional and stress-related struggles often impact relationships and daily life. After many years of exploring mindfulness techniques and studying gestalt psychotherapy, I see how helpful the support can be. It may be you are feeling stuck. It may be you want to try new ways of managing what goes on around you and how you feel and react in response. You may feel you need to be "going through something" to seek counselling. While support during specific hardship is often extremely helpful, anyone wanting an improved sense of self-awareness, understanding or esteem can gain valuable insights and tools from counselling.
You And I
You And I
I take an open, direct and compassionate approach to forge working relationships with clients.
This allows you to develop new sensory and emotional understanding within the context of our work. Your experiences during our sessions help create awareness and new opportunity for your daily life.
Trying new ways of being, common to
experiential therapy, fosters insights and alternative perspective -
enhancing your sense of self and creating new feelings towards stress and life challenges.
I am happy to speak with you before meeting to ensure my approach is the right fit for you. | https://drkristinheins.com/you-and-i |
My theoretical orientation is rooted in psychodynamic and object relations therapies.
I have been in private practice for over 18 years. I treat adults in individual and conjoint psychotherapy. I specialize in the treatment of eating disorders, anxiety, depression, adjustment disorders and bereavement. I am comfortable using both brief and long-term treatment approaches. In my practice, I hope to help my clients better understand how long-standing conflicts and current stressors may be impacting their ability to function successfully in the present.
(312) 548-7673
Office is near:Glencoe, IL 60022
David A Sisk
Clinical Social Work/Therapist, PhD, LCSW
Verified
Verified
I primarily work with young children, adolescents and adults who are experiencing difficulties in school/work, social and family relationships, with self-esteem, focus, regulation, grief, divorce, trauma, depression, anxiety and challenging life circumstances. My approach is insight-oriented, psychodynamic , and relationship-based. I provide play and talk therapy for children and traditional talk-therapy for adults. Additionally, I provide reflective supervision and consultation for practitioners and trainees.
(773) 569-3559
Office is near:Glencoe, IL 60022
& Online
Lisa Blumberg
Clinical Social Work/Therapist, LCSW
Verified
Verified
I use a combination of modalities including Psychodynamic , Internal Family Systems and mindfulness to build a client's internal toolbox.
Making the decision to engage in therapy can be difficult and overwhelming. I invite adolescents, emerging adults, adults and couples to enter a confidential space where they are free to explore their experiences and emotions without judgement. My role is to assist clients in identifying the patterns that cause them to be stuck and help them develop strategies to improve confidence and engage with the important people in their lives more effectively.
(847) 786-2764
Office is near:Glencoe, IL 60022
Linda Gross
Clinical Social Work/Therapist, LICSW, LCSW
Verified
Verified
I practice psychodynamic psychotherapy and have worked with adults affected by persistent mental illness, young adults who received political asylum in the U.S. as survivors of torture and individuals and couples managing life challenges and transitions. I earned a Masters degree in Social Work from Loyola University Chicago and completed post- graduate training at the Institute for Clinical Social Work. I bring prior professional experience as a teacher who worked closely with undergraduate students on finding their own voice.
(508) 794-7563
Office is near:Glencoe, IL 60022
Linda B Greco
Clinical Social Work/Therapist, LCSW
Verified
Verified
I work on the whole person through psycho-social and psychodynamic methods.
I have over 20 years experience. I work with children, adolescents and young adults. I do family therapy, groups, individual and couples therapy. I work with anxiety, depression, eating disorders, ADD/ADHD, oppositional and conduct disorders, bi-polar depression, and learning/academic issues.
(312) 626-3350
Office is near:Glencoe, IL 60022
& Online
Scott Hamilton
Licensed Professional Counselor, MA, LPC
Verified
1 Endorsed
Verified
1 Endorsed
Scott utilizes varied evidenced-based approaches based on the patient’s needs, such as cognitive-behavioral, psychodynamic , play, person-centered, mindfulness, and dialectical behavior therapies.
It can be difficult to ask for support, especially when you aren't sure how it all works. I will work with you to create a treatment plan that makes sense to you and meets your unique goals. I believe in developing genuine connections with his patients, fostering self-awareness, offering psychoeducation, and practicing compassion toward others and self in a safe environment. We will work toward self-acceptance and self-forgiveness, allowing you to find hidden areas of strength. I enjoy using humor and positivity in treatment.
(224) 723-5772
Office is near:Glencoe, IL 60022
& Online
Wendi Lev, LCSW, ACSW, CADC-Lev Counseling Chicago
Clinical Social Work/Therapist, LCSW, ACSW, CADC
Verified
Verified
Drawing on my training in and ability to integrate CBT, ACT, DBT, psychodynamic , the Gottman Method & EFT couples counseling, addictions, sex therapy, and coaching, I strive to relieve symptoms and build toward long-term gains promptly.
Are you the person you want to be? Are you having difficulty in your relationship or career? Do you often feel as if you are not good enough? As a man, do you avoid or deny your feelings? Are you stung by a recent breakup/divorce? Ask yourself a different question. Are you ready to feel empowered and thrive? My goal is to help you increase self-awareness & make positive lasting changes in thoughts and behavior. I provide integrated therapy and consulting customized to your unique situation, goals, personality, strengths, and history. To help you become a better version of yourself and reach your unlimited potential.
(773) 312-7918
Office is near:Glencoe, IL 60022
& Online
The Family Institute at Northwestern University
Psychologist
Verified
3 Endorsed
Verified
3 Endorsed
We offer a wide range of specialized treatments including behavioral, systemic and psychodynamic approaches.
Through research, education and clinical services, The Family Institute at Northwestern University is one of the nation's leading relationship-based behavioral health organizations committed to strengthening and healing the whole family system by bringing together the right partners to support children, adults, couples and families across the lifespan. As researchers, educators and therapists, we work with our clients and PARTNER TO SEE CHANGE. By weaving together 175 therapists and therapists-in-training, we create a high quality, collaborative system of behavioral health care. One that gets results.
(847) 733-4300
Office is near:Glencoe, IL 60022
& Online
Arin Davidson Stevens
Pre-Licensed Professional, PsyD
Verified
Verified
I approach therapy through a psychodynamic lens while incorporating cognitive-behavioral therapy, mindfulness and other therapeutic techniques that center on the client's individual needs.
I provide therapy for individuals of all ages, childhood through adulthood. I see clients who present with anxiety, depression, obsessive-compulsive disorder and issues with self-esteem along with familial and adjustment issues. Goals center on finding triggers, identifying maladaptive thoughts to effect change, incorporating self-care, healthy coping skills and ultimately helping clients to gain a better understanding of themselves and how they can improve their mental health and well-being.
(847) 915-6078
Office is near:Glencoe, IL 60022
& Online
Kerry Sullivan
Clinical Social Work/Therapist, LCSW
Verified
1 Endorsed
Verified
1 Endorsed
My approach integrates psychodynamic treatment with mindfulness and body-centered work.
Many people experience a challenge in life that impedes their ability to fully be themselves, be present in their daily life, and be connected to the people they love. Often, people try to cope with stress or unhappiness by pushing through the bad feelings and continuing on until that no longer works. If you find yourself in this situation, I can help you find a path back to being present in, and enjoying, your life. Therapy allows for a connection and a relationship in which your healing and wellbeing is the focus.
(872) 240-5037
Office is near:Glencoe, IL 60022
& Online
Tarica Riley
Clinical Social Work/Therapist, LCSW
Verified
Verified
I strive to create a welcoming, emotionally supportive, safe and non-judgmental therapeutic environment for you to work on your therapeutic goals. My approach to therapy is collaborative and client-centered. I believe in coming along side you in the therapeutic process to help create and prioritize achievable goals. I have experience providing individual and group counseling in a variety of areas including grief/loss, anxiety, depression, anger management, behavior modification, ADHD, self-esteem, work/life balance and career conflict. Thank you for considering me on your therapeutic journey.
(847) 780-2163
Glencoe, IL 60022
& Online
Neurine Elaine Wiggin
Psychologist, PsyD
Verified
Verified
Most people seek therapy because they are disappointed in a relationship, or have lost someone important to them. Often, this experience reactivates old hurts and losses which weaken feelings of self-worth. I work to help that person restore a sense of self-appreciation, to deepen their self-understanding, and enhance their relationships with others.
(847) 612-3306
Glencoe, IL 60022
Lynette Vedrine
Psychologist
Verified
Verified
How are you with what you're feeling and not feeling? When a person is consumed with difficulties, life is a chore, often filled with anxiety, dread, pervasive unhappiness or no feeling at all. My goal is to help you achieve the perspective in your life that provides room for pleasure, acceptance, fulfilling relationships and a capacity to cope positively with life struggles. Through exploring together, we discover insights that can facilitate active behavioral change, improved management of symptoms and a sense of well being. Treatment is specific and individual, evolving progressively from the unique juxtaposition of your needs and responses.
(847) 868-3381
Office is near:Glencoe, IL 60022
Gary L Phillips
Psychologist, STD
Verified
Verified
I am a licensed clinical psychologist in Illinois, and a pastoral counselor. I have practiced for fifty years. I can help you change and overcome your problems. Using psychological and spiritual resources you will be able to overcome depression, anxiety, relationship problems, anger issues, parent-child conflicts, anti-social behaviors, and problems of purpose and meaning in life. I am able to be helpful to you, whatever your problem is. If you are a person with a problem and is willing to work on your problems you are an ideal client. If you have a problem please telephone me for a free telephone consultation.
(847) 212-1496
Office is near:Glencoe, IL 60022
Jennifer Goldstein
Clinical Social Work/Therapist, LCSW
Verified
Verified
It seems like you've got it together but nobody seems to realize you're floundering. They don't know what's inside: a tally of every failure, a plan for every what if, chronic worry, fear and insecurity and thoughts- so many thoughts! It's impossible to focus. You may play a lot of roles: spouse, friend, parent, employee, entrepreneur- it's crazymaking! It can be easy to lose the YOU in all of this. You were a person before you became the social chameleon you're required to be right now. The anxious feeling never goes away and you don't know what to do, so you suffer quietly. You don't have to stay here.
(847) 268-3025
Office is near:Glencoe, IL 60022
& Online
Linda S. Stern
Psychologist, PhD
Verified
Verified
Are you struggling but don't know where to turn? When you talk to friends do you feel judged or worried about burdening them with your problems? Maybe you feel that low self-esteem is preventing you from having fulfilling relationships. These are common problems that many people face but you can learn to feel better about yourself, let go of old hurts and change how you react to challenging situations in the future. These changes are possible and you can get the support you need to develop effective coping strategies and get your life on track.
(847) 920-7446
Office is near:Glencoe, IL 60022
& Online
Sari Glazebrook
Clinical Social Work/Therapist, LCSW, CADC
Verified
Verified
It is my belief that everyone deserves the privilege of living their best life as their most authentic self! I work with all people; adolescents into adulthood to help understand the root cause of the issue. I welcome those who struggle with substance abuse and am an affirming therapist who specializes in LGBTQ+ issues.
(224) 427-3424
Office is near:Glencoe, IL 60022
& Online
Ruth E Field
Clinical Social Work/Therapist, MSW, LCSW
Verified
2 Endorsed
Verified
2 Endorsed
Life can feel overwhelming when you're faced with loss or change. As much as you try to adjust, it can be scary and confusing to realize that life isn't turning out the way you had planned. Life stress -- such as divorce or relationship loss, death of a loved one, job loss, illness, caregiving -- happens to most of us at some point and it can seem nearly impossible to bounce back from such heartache.
(847) 260-9463
Office is near:Glencoe, IL 60022
Ellen Mazza
Clinical Social Work/Therapist, LCSW, CPT
Verified
Verified
If you feel that you are not functioning as well as you'd like to or are not working up to your full potential, therapy can help! I use a cognitive behavioral approach, and behavior modification to help clients achieve their goals. I work with kids as young as 3 up through adults. My innovative and unconventional approach makes therapy fun and unintimidating. I work closely with schools and doctors to provide the best treatment possible.
(847) 278-2955
Office is near:Glencoe, IL 60022
Debbie Strauss
Clinical Social Work/Therapist, LCSW
Verified
Verified
It is my privilege to help my clients navigate life's daily struggles and major transitions. Specifically, I work with clients experiencing depression and anxiety, as well as clients seeking to learn better coping skills, communication techniques and problem-solving strategies. As a trained divorce mediator, I am particularly passionate and well versed in the complicated process of divorce. From individual healing and decision-making to parenting and co-parenting, I am passionate about helping people manage this transition with grace, strength and mindfulness. I recognize that each person who walks through my door is a complex individual with a unique story to tell.
(847) 550-3944
Office is near:Glencoe, IL 60022
& Online
See more therapy options for Glencoe
Psychodynamic Therapists
Is psychodynamic therapy evidence-based?
Studies have found psychodynamic therapy to be effective in treating conditions like social anxiety, eating disorders, chronic pain, some personality disorders, and depression; indeed, some studies have found it to be just as effective as CBT or medication. What’s more, several studies have found that the benefits of psychodynamic therapy tend to endure—even grow—long after treatment has ended.
How long does psychodynamic therapy last?
Unlike CBT and other more structured forms of therapy, psychodynamic therapy tends to be open-ended and may not be limited to a set number of sessions. It is common for clients to be in therapy for a year or longer and to see their therapist one to three times a week, though the exact schedule and timeline may vary depending on a client’s challenges and progress. However, brief psychodynamic therapy is available, which tends to be more goal-oriented and typically unfolds over 16 to 30 sessions.
Does psychodynamic therapy work?
Research finds that psychodynamic therapy can help someone manage or reduce symptoms of diagnosable mental health conditions like depression or anxiety. The modality may also offer a range of benefits that are harder to measure but just as valuable—such as increased self-worth or healthier relationships. While no therapy type will work for everyone, research and anecdotal evidence suggest that psychodynamic therapy can be highly effective.
What are the limitations of psychodynamic therapy?
Some meta-analyses have concluded that there is little evidence to suggest that psychodynamic therapy can effectively treat certain mental health conditions such as PTSD, OCD, or psychosis, though it is sometimes used to do so. More broadly, the open-ended, free-association structure of psychodynamic therapy may be frustrating for clients who prefer a more structured, time-limited, or goal-oriented approach. | https://www.psychologytoday.com/us/therapists/il/glencoe?category=psychodynamic |
Erin is a licensed mental health counselor for individuals struggling with difficult life experiences. She views counseling as an active relationship in which client and therapist will find a resolution together. Her role as a therapist is to provide a safe and challenging environment. Erin helps clients move through their challenges by building awareness, insight and confidence. Her approach is eclectic, pulling from various modalities which combine humanistic and insight-oriented psychotherapy with mindfulness and somatic therapies.In her approach, she draws from her experience in Aikido, a martial arts practice that focuses on unity and harmony to deal with conflict. She has experience working with both adult and youth seeking counseling for anxiety, depression, trauma, life transitions, grief/loss, identity conflict, autism spectrum, and relationship or family stress. She specializes in helping individuals build self-awareness, self-support, and the confidence to face daily challenges with greater ease.
#MH 15774
Interested in booking a session with Erin? Call: 727-263-2615
Comments are closed. | http://mettacenter.weebly.com/metta-tribe/erin-foley |
The Berkeley Initiative for Mindfulness in Law announced its first ever Mindful Lawyering retreat on the East Coast, taking place May 7-10, 2015 at the Garrison Institute in Garrison, NY.
From the event post:
This four-day, three-night retreat is ideal for lawyers, judges, law teachers, and law students who either seek an introduction to mindfulness, or wish to integrate an existing mindfulness practice into their work, studies, and life, and to deepen their understanding of meditative practice. Open to beginner and those with some meditation experience, this retreat will provide substantial periods of silent meditation practice, including sitting meditation, silent walking, and qi gong.
You can register for the retreat here.
Berkeley is the first law school in the US to implement a full mindfulness cirriculumn. Charlie Halpern, program director, says a handful of other law schools are beginning to offer courses integrating law and meditation, and he predicts they will have full-blown curriculums like Berkeley by 2020.
So where does mindfulness and being a lawyer intersect? Rhonda MaGee, a law professor at the University of San Francisco, explains:
Lawyers who practice mindfulness experience the same benefits that other practitioners report: everything from increased emotional self-awareness and self-regulation, to improved capacity to handle stress and increased concentration and psychological flexibility. Mindfulness practices increase lawyers’ capacity to be present and high-functioning, no matter how unpredictable or potentially distressing the situations in which they might find themselves. They are also better at assessing high-conflict or other challenging situations from multiple perspectives. Such outcomes make lawyers more skillful at handling stressful situations at work and in their personal lives, leading to increased well-being overall.
In predictable ways, clients are also better served when their lawyers have a deeper set of resources for handling stress and dealing with conflict and uncertainty. Clients benefit from their lawyer’s greater sense of compassion and greater ability to communicate in ways that maintain a sense of concern and respect. | https://staging.mindful.org/mindful-lawyering-retreat/ |
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Ryan Carroll is a licensed therapist serving Portland, Oregon, and the surrounding areas. With over 22 years of clinical and social therapeutic experience, Ryan has earned a wealth of knowledge and experience. He is committed to providing compassionate and goal driven therapy. His empathetic approach is dedicated to increasing self-awareness, positive thinking, and self-compassion. Ryan Carroll has devoted his life to the healing of the lives and mental health of his community.
In this featured power video, Ryan untangles the cycles of negativity we find ourselves ensnared into. He shares exclusive understanding and compassionate based insight that will be sure to get us all On Track!
“Over the past twenty years I have worked with people from all walks of life, providing mental health therapy and coaching, enabling them to achieve success in their lives. I combine an eclectic blend of therapeutic modalities including Acceptance and Commitment Therapy, Cognitive Behavioral Therapy, and Solution-Focused Brief Therapy. I utilize EMDR to help clients adaptively process trauma and strongly believe in helping people develop a regular mindfulness practice.”
–Ryan Carroll
There are no reviews yet. | https://ontrackagent.com/product/ryancarroll-breakingthecycleofnegativity-mp4/ |
Reaching out can be a difficult first step, and I respect that finding the right therapist may take time. Call for a free consultation as you navigate this process. I have fifteen years of experience working with children, teens, and adults in various treatment settings. I utilize an eclectic approach tailored to meet each of my client's needs and I am honored to support clients as they journey toward wellness. I often utilize mindfulness, DBT, CBT and narrative therapy. My goal is to empower clients with education and strategies that they can take with them as they move forward in their lives!
I have been trained in Trauma Focused Cognitive Behavioral Therapy and have supported kids and adults in processing their trauma and finding ways to heal as well as to strengthen communication skills, relationships, coping strategies, self-awareness, and to find true appreciation of who they are.
I have been fortunate to have been a part of a creative team that developed their own strategies and programming for children 5-17 years of age; as a result of this, I have had the honor of supporting individual growth on an emotional, behavioral, personal and educational level. | https://www.psychologytoday.com/us/therapists/angela-m-melville-hartland-wi/390823 |
When you first hear the word ‘empathy’, what do you think?
Though the expression of empathy is as old as human history, the word itself has only been a part of the English language since 1908. Learn how social scientists are currently defining empathy and gather easy-to-implement, evidence-based exercises to teach empathy to kids in a classroom setting.
What Is Empathy?
Drawing from the Greek roots of em for “in” and pathos for “feeling,” empathy can be broadly understood as the ability to sense and feel another person’s emotions, and the willingness and ability to imagine and respond to their situation and experience (known as affective empathy and cognitive empathy, respectively).
Affective Empathy
Also known as emotional empathy or shared emotional response, affective empathy describes one’s ability to feel another’s emotions, experience distress over another’s pain or suffering, and act with compassion — all of which can motivate someone to express care or offer help to someone in need.
Example: While pulling a sheet of homework out of their backpack, one of your students gets a papercut on their finger and lets out a yelp as they grab their hand. A nearby student sees their fellow student in pain, mirrors their experience with a grimace or saying “ouch!”, and asks you for a band-aid.
Cognitive Empathy
Also known as perspective-taking or “taking a walk in another’s shoes”, cognitive empathy describes one’s ability to understand, or be curious to understand, another’s thoughts, emotions, situation, and behaviors.
Example: During a history lesson on the founding history of the United States, one of your students raises their hands to say, “I bet it was really hard for the Native Americans to unexpectedly lose their homeland to people they didn’t even know. If I were them, I’m sure I’d want to fight to keep it, too.”
The Value of Empathy Training
Empathy is a natural human capacity, though many of us will bump into unconscious or conditioned biases that limit our baseline ability to embody and share it. For instance, we’re generally more inclined to empathize with people who resemble us and the people in our social circle (our “tribe”), and may be limited when we have greater social privilege or don’t agree with another’s behavior.
Fortunately, just like the muscles of our body, empathy can be strengthened and become an integral part of how we engage with the world around us. With consistent practice, empathy training can help your students expand their capacity for empathy and become more inclusive of and compassionate toward people who come from different backgrounds and experiences.
Along with helping us increase our capacity to feel and perceive others’ experiences, empathy training can include self-regulation techniques that support those of us who tend to get overwhelmed when faced with another’s pain or suffering. The foundation of empathy training is becoming attuned to the nuances of one’s own feelings, which can help your students distinguish their experience from another’s and identify when they may benefit from practicing a self-soothing technique.
In short, teaching empathy in the classroom can help your students increase their self-awareness, self-compassion, emotional intelligence, and ability to express genuine interest in and care for the experiences of the people around them.
How to Teach Empathy to Kids
1. Be a living example.
Observational learning is one of the most powerful ways people of all ages learn, and is especially influential for children, who are learning how to communicate and behave with others. Also known as shaping, modeling, and vicarious reinforcement, observational learning is the means through which children learn to imitate the actions, words, and sounds of the people, animals, and objects around them.
Because of this, one of the best ways to teach empathy to kids in the classroom setting is to show them the way. To model empathy, validate your students’ feelings, demonstrate active listening, and show compassion for and curiosity in the experiences of your students and the people and characters you’re studying.
2. Add empathy to imaginative play.
From playing doctor to putting on a theatrical play, imaginative play helps your students feel, process, and understand the world around them. By stimulating your students' imaginations, imaginative play gives your students the opportunity to imagine what it’s like to have another’s experience, develop new language, and practice creative problem-solving.
During imaginative play, encourage your students to practice empathy by asking questions that lead them to consider how the character they’re playing or interacting with might feel during any given moment.
3. Identify emotions in pictures, film, and art.
Learning to name and identify emotions can be a powerful practice for teaching your students mindful self-regulation and empathy. Research demonstrates that labeling emotions—especially fear, anger, and sadness—can influence how the brain responds to emotions. Along with decreasing the intensity of emotional reactivity in the amygdala, the brain’s fear center, labeling emotions can activate the part of the brain associated with emotional regulation and processing (the right ventrolateral prefrontal cortex).
When viewing pictures, portraits, scenes, or movies, ask your students to label the emotions they perceive, what about the image inspires that emotion, and how viewing that emotion makes them feel.
4. Read and study literary fiction.
With the ability to transport us to different worlds and transport us outside of ourselves, literary fiction can be powerful tools for helping us to understand ourselves and the human experience. While other forms of reading, such as non-fiction and genre-fiction, can offer their own enriching experiences, literary fiction uniquely gives your students the opportunity to consider the characters’ motivation and experiences. Why? Because literature tends to center on its characters’ psychology, without revealing all the details of how or why the character thinks or acts in a particular way. Because of this, students are encouraged to imagine what influences and motivates the characters’ behaviors and choices while considering other points of view.
Along with asking your students to identify how and why a character is thinking, feeling, and acting a certain way, ask your students to consider how they may think, feel, and act if they were in the same situation as their characters and had lived the same experience.
5. Practice reflective journaling.
A tool of self-awareness and self-discovery, reflective journaling is the practice of documenting one’s reflections and inner communication on the subject at hand. Less about capturing facts and summaries and more about expressing beliefs and feelings, reflective journaling gives your students the space to discover how the material or an experience has impacted, influenced, surprised, inspired, or changed them.
As a one-time or ongoing assignment, ask your students to answer questions, such as “how did my mind/beliefs/feelings change as a result of this lesson?” or “how did studying this topic make me feel?”
6. Integrate mindfulness techniques.
Along with strengthening your students’ ability to engage in the above techniques, mindfulness is a powerful skill that can support your students’ physical, psychological, and social wellbeing. Mindfulness is our ability to notice our present-moment thoughts, feelings, bodily sensations, and our environment with a kind and open attitude. Along with helping your students (and you!) notice thoughts and feelings with curious non-judgment, mindfulness empowers the compassionate self-awareness and emotional resilience and regulation that helps us be present with our own experiences and the experiences of others.
Mindfulness practices come in many forms and can be adapted to reach students of every age. For a mindfulness break, guide your students to sit comfortably and close their eyes, or gently focus on one spot on their desk. Invite them to notice the sensation of the soles of their feet on the ground and the sensation of their hands resting on their lap or on their desk. Invite them to notice other sensory cues, such as the sensation of sounds passing through their ears, light passing through their eyelids, or breath passing through their nostrils. Give your students a few moments to sit with and notice their sensations before calmly inviting their attention back into the classroom.
For more information on how you can teach empathy and incorporate mindfulness in your classroom, sign up for our newsletter or explore our professional development trainings. | https://blog.calmclassroom.com/how-to-teach-empathy-to-kids |
I am a licensed Marriage and Family Therapist with over ten years experience. With multi-cultural sensitively and using an eclectic and personalized approach in my Practice, I strive to facilitate and create an interactive and therapeutic working relationship unique to you. I emphasize the human experience and how we each cope and handle life's surprises, challenges and demands.
I believe in starting with trust and how the exchange between therapist and client must be collaborative in order to be successful. I will work to assist my clients on their goals, help them achieve more balance, adopt a healthier outlook, gain insight, overcome blocks and guide them to a greater sense of self-awareness and understanding in their daily lives.
With compassion and empathy, I am dedicated to providing you with exceptional care and devising creative and individualized treatment plans. I look forward to what we can accomplish together for you. | https://figtree.la/team/steven-rowe/ |
I am a licensed Marriage and Family Therapist, National Certified Counselor and have been providing therapeutic services for over 25 years.
My goal is to be an effective, caring, results oriented therapist and coach. I try to empower clients to maximize their strengths and achieve significant short and long-term goals. I utilize an integrative approach based on western and eastern therapeutic concepts that promotes self-awareness, confidence and the courage to live an authentic life. Modalities I use include Cognitive Behavioral Therapy (CBT), Mindfulness, Positive Psychology, Transpersonal Psychology and Solution Focused Therapy. I believe that a therapist should be an active collaborator rather than just a passive listener. A psychotherapist should be a guide, shaman, healer, trained expert, who helps people envision successful change and experience optimal relationships. I try to utilize the best possible tools to help achieve solid and lasting changes which empowers you to have the skills needed to manage future issues as they may arise. I ascribe to the philosophy that our thoughts and beliefs create our reality and that emotional awareness and practical solutions emerge when we quiet our minds, and balance our lives. | http://www.howardsattler.com/ |
As a marriage & family therapist, I work with individuals, couples, children and families to help resolve relationship challenges, pre and post natal challenges, parenting issues and concerns, career and life transitions, anxiety, depression and other mental states that are both disruptive and troublesome to one’s own well being.
I believe that therapeutic success cannot be achieved unless the relationship foundation between client and therapist is built upon trust. I offer an accepting, non-judgmental environment and will support your emotional needs and counseling goals each week. I enjoy helping those who want to find more meaning in their lives and those that are interested in discovering their true self and life purpose.
My role as a therapist is to work together with clients to help achieve self-awareness, build self-esteem, create healthier relationships, support, teach, challenge, and guide patients so that they can create their own desired path.
Areas of Focus Include: | https://amandacrusemft.com/ |
Erika is a specialist in Equine Facilitated Human Development.
Her work with clients and horses is designed to help identify personal blocks, expand self-awareness, develop authentic relationships and communication and build greater levels of trust, resilience and self-confidence.
Horses are masters of non- verbal communication and powerful partners in developing emotional intelligence. Their feedback is instant: real time responses that are honest and non-judgemental, Observing and working with horses offers an unrivalled opportunity to learn how to become fully present, develop fundamental relational skills and apply new insights. And the depth and richness of this approach leads to a sense of implicit knowing, creativity, connection, insight, openness and wellbeing.
The work can be a great complement to other coaching activities a client may be undertaking and can be tailored to a client’s needs as either half day or full day sessions.
Erika can work with clients interested in Equine facilitation on a one to one basis or run one day workshops for small groups or teams. She has certifications in Equine Facilitated Human Development, Executive and Systemic Coaching and Organisation Constellations. She is a certified practitioner of Yoga and Mindfulness practice and is trained in a number of psychometric tools including; EBW and SQ21 (Spiritual Intelligence). | https://saphoraprivate.com/anita-brightley-hodges-2/erika-uffindell/ |
Applications of MM in psychotherapy
The preponderance of research about the clinical utility of MM has used standardized MMBIs such as MBSR, MBCT, TM, and others. However, in actual clinical practice, the use of standardized protocols may be the exception rather than the norm. A recent survey indicates that individualized use of MM techniques, such as breath-focused awareness, may be the most common clinical application of MM (Waelde et al. in press), and there is a growing clinical literature about applications of MM techniques within conventional psychotherapy (Germer 2005; Pollak et al. 2014). Applications of MM in psychotherapy might be thought of as occupying a continuum of usage intensity, ranging from the use of mindfulness by the therapist only to standardized protocols applied as adjuncts or stand-alone treatment.
A spectrum of usage intensity
A burgeoning literature describes the benefits of MM practice for psychotherapists themselves. Recent work shows that a brief training program can increase therapist skills and knowledge related to mindfulness (Aggs and Bambling 2010). A prospective study found that psychotherapists in training who participated in nine weeks of Zen meditation had better therapeutic course and treatment outcomes than non-meditating controls (Grepmair et al. 2007). In post-disaster settings, MM training may address therapists’ trauma symptoms related to their own disaster exposure and losses and promote coping selfefficacy (Hechanova et al. 2015; Waelde et al. 2008). It has been suggested that mindfulness training can enhance therapist qualities related to common factors of effective treatment, such as affect tolerance, acceptance, empathy, equanimity, paying attention, and accepting the limits of psychotherapy (Fulton 2005). Moreover, therapist training is thought to be a prerequisite to the applications of MM in psychotherapy, particularly for the more involved applications.
Perhaps the most common application of MM in psychotherapy is the ad hoc use of breath-focused attention to help the client become more aware of inner experience, thoughts, and feelings during the session. In this implementation, the therapist integrates MM techniques into conventional psychotherapy with the aim of helping the client to tolerate other therapeutic procedures, such as exploration of trauma memories (Waelde 2015). The therapist may also introduce everyday mindfulness exercises, such as a practice of breath awareness during daily activities or stressful moments. Breath awareness in daily life may be a particularly accessible practice for clients; it was used by a majority of MBSR participants three years after the program, whereas only a minority practiced sitting meditation (Miller et al. 1995). Depending on client need and motivation, the therapist may teach very brief, breath-focused sitting meditation to develop present moment awareness and cultivate acceptance, with a focus on developing ways for the client to practice that are easy and pleasant (Germer 2005). Standardized MM protocols teach clients to use longer periods of daily MM practice. Research has shown that the amount of daily sitting meditation practice is associated with increases in mindfulness and decreases in psychological symptoms (Carmody and Baer 2008; Waelde et al. 2004, 2008). Although there has been much speculation that standardized protocols such as MBSR might be useful adjuncts to conventional psychotherapy, one study showed greater termination among clients receiving adjunctive MBSR relative to those who received psychotherapy alone (Weiss et al. 2005). Most of the research about MMBI has examined it as a stand-alone treatment, though as reviewed below, only a subset of studies have included participants with diagnosed disorders. | https://ebrary.net/100878/psychology/applications_psychotherapy |
I am committed to helping people on their path of greater self-awareness and acceptance. It’s my goal to help you feel worthy, cared for and full of life.
Feeling empowered and deserving cultivates connection. And from connection grows love, self-worth and value. Relationships, work and a sense of being well thrive in this place.
I offer a nurturing counseling experience with space for you to be courageous, honest, curious. You will develop useful skills in session and to apply in daily life so you can experience relief, self-acceptance and connection.
Learn to develop self-awareness and acceptance by non-judgmentally observing the present (mindfulness) so as to be informed by the body, the breath and our meaningful work together.
It is my intention to support your body, mind and soul through somatic and mindfulness practices in an ethical psychotherapy framework.
I am committed to offering trauma-informed, inclusive and equitable care. This means, I am conscious of my continuous need for education, learning how to decenter whiteness, systems of oppression and hierarchies that impact peoples’ ability to feel whole and accepted. | https://www.juliannavermeys.com/ |
Are you at a turning point in your life, looking for new direction and purpose? Is a sense of uncertainty, a lack of confidence, or a pattern of unhealthy behaviors preventing you from embracing opportunities for personal and professional growth?
Perhaps you feel stuck in an unfulfilling career or marriage and are having a difficult time objectively weighing your options for the future. Or it could be that a recent divorce or the loss of a loved one has robbed you of your sense of identity and wholeness and you are searching for a path to rebuild your life.
Making difficult decisions or coping with change can be challenging for anyone, regardless of age or personal background. Perhaps you’re a recent graduate who is struggling to assert independence, establish goals, and choose the right career path. Or maybe you are a successful professional who is intent on climbing the corporate ladder in search of wealth and status, but an inner desire to do something greater with your life is preventing you from enjoying what you have achieved. On the other hand, perhaps you have seen your children leave home to attend college or create their own families, and you wonder, “What is my role in life now?”
The stress and confusion that life transitions create can be immobilizing. But you don’t have to stay stuck, hoping for things to get better on their own. I am here to motivate you to make powerful changes that may open possibilities for sustained happiness, success, and deeper meaning in your life.
Impermanence is the fundamental nature of the universe, but that doesn’t make dealing with change any easier. Our human yearning is to push our growing urge to think, feel, and respond with more confidence, with more commitment, and with renewed clarity in our lives. Seeking stability creates a sense of safety and surety that enables us to make decisions and take action with confidence.
But some changes or events can shake the very foundation of our lives, immobilizing us in a state of fear, self-doubt, stress, and insecurity that limits our ability to move forward with clarity. Unfortunately, most people don’t have a secure support system that can model for them how to remain calm and steady in the face of adversity. Although friends and family can often be helpful, sometimes their own expectations, fears, or partiality gets in the way of their efforts.
Social media, entertainment, and mixed messages from society constantly misinform and distort our lens of perception of what happiness and success really are. In addition, we live in a highly competitive culture that programs us to “toughen up, don’t ask for help, and take care of things ourselves.” And if we express the need for assistance of any kind, we’re made to feel diminished and ashamed—as if we aren’t capable or good enough.
The truth is, people can have it all together for a while, but eventually, life’s challenges present themselves. My commitment to you is to respect your intelligence and wisdom, to honor the forces of positive growth already present within you, and to give you an objective sense of where you stand and what you can do to achieve your goals and live the life you deserve.
Therapy can be a powerful tool for helping you identify blocks to personal growth and recover your sense of wholeness and purpose. It gives you a confidential space where you can express your feelings, doubts, hopes, and desires without shame or fear of judgment. Unlike working with a life coach, a therapist has the added benefit of being able to get underneath the issue and create profound healing that goes far beyond simply helping you find solutions to problems.
To guide the process, we’ll begin by talking about the nature of what is holding you back as well as your expectations for therapy. We may explore your personal belief system or external factors that are contributing to your distress as well as adjust any negative internal narratives that may be limiting your quality of life.
I offer a very solution-focused and collaborative healing experience that puts you in the driver’s seat. Together, we will develop a structured plan for implementing changes and achieving your goals. Whether it’s changing careers, reconnecting in relationships, or self-advocating for personal growth, my job is to illuminate doors of opportunities so you can choose your best course of action. If circumstances change and something urgent arises, we can confront that issue immediately to get you back on track to achieving your therapeutic goals.
My primary tool for healing is psychodynamic therapy, an insight-oriented approach to counseling that helps you identify and challenge unconscious emotions or thought processes that are manifesting in your current behavior. Similarly, Cognitive Behavioral Therapy (CBT) is a practical, goal-oriented treatment method that can help increase your self-awareness and challenge internal aspects of your past that may be influencing your present behavior and state of mind. To augment the healing process, I also offer alternative treatment options, such as guided imagery, insight hypnotherapy, mindfulness strategies, and breathwork.
Truly, life is too short to spend it endlessly struggling over a problem that a qualified therapist could help you solve. Life transitions counseling can help you gain invaluable insight and powerful tools for overcoming the obstacles that are limiting your potential for greater joy and prosperity.
I’ve been helping clients forge their own paths toward a more fulfilling life since 1999, and I am continually amazed and inspired by the changes I have seen them make. With a little work, you too can enjoy greater purpose, meaning, and direction in your life.
How to Navigate a Path of Uncertainty
Perhaps you are considering counseling but still have some questions or concerns. Click here to read the FAQ.
Open Your Door To A Brighter Future
Many people describe therapy as a journey and welcome the chance to become more conscious about their inner world, to awaken their potential, and to Open Doors to new opportunities in their interpersonal and intrapersonal relationships.
I can help you manage difficult decisions and navigate challenging life changes with confidence. Call (303) 277-9407 for a free 30-minute phone (or in-person) consultation. | https://www.kateheit.com/life-transitions-counseling/ |
Doron Willis, LMFT
Verified clinicians have had their licenses confirmed by our staff at the time they create their profile. We also require all verified therapists keep their licensing information up to date in order to maintain verified status.
This therapist holds one or more specialty certifications, you can review their certification within the professional certifications section on their profile.
I am a Licensed Marriage & Family Therapist dedicated to helping individuals develop a resiliency mindset to effectively navigate the uncertainties of life.
As a Licensed Marriage & Family Therapist I am committed to assisting individuals who struggle with connecting to their inner strengths to foster resiliency, overcome low self-esteem and self-worth, and find meaning and purpose for their life. As a former Division-I collegiate athlete, I also provide sports psychotherapy to athletes who are struggling with performing at an optimal level consistently. I utilize a holistic approach to working with my clients, meaning, I treat the whole person and not just the symptoms. I believe that the purpose of our life's journey is to restore ourselves to wholeness.
The therapeutic modalities that I utilize are CBT, DBT, Solution-Focused, EMDR, and Narrative. I assist my clients with restructuring irrational beliefs they may have about themselves, improve their self-awareness and mindfulness, and re-author their narrative.
If you feel that I can be of any assistance to helping you achieve your desired goals, I invite you to reach out so that we can begin integrating the parts of you that have been broken back into wholeness. | https://therapist.com/clinician/doron-willis-92724/ |
Varatharajan Leo is a creative artist, who was born and brought up in France, like other renowned artists such as Fernando Costa, Ossip Zadkine, Emile Rubino, George Koskas, and Laurent Marissal.
Historical Context of France
France strikes out as one of the most prominent agents of modernism. What is today referred to as the avant-garde was pioneered in the first half of the nineteenth century, and included progressive and ground-breaking movements such as Impressionism, Post-impressionism and Art Nouveau, driven by key figures of the art sphere. Applauded and dominant French artists from the early years of the twentieth century include Paul Cezanne, Pablo Picasso, Georges Braque, although he originally was a Spanish national who settled in France, as well as Francis Picabia, Marcel Duchamp, Man Ray, and Le Corbusier, to name a few. Paris was thought to be the most influential and intellectual artistic centre at the start of the century and contributed to the development of such vital movements as Cubism, Fauvism, Dadaism and Surrealism, amongst others, which appeared in the post war era. | https://www.artland.com/artists/varatharajan-leo-4f33cf |
Stéphane Ducatteau is an established mid-career contemporary artist, who was born in France, like other well-known artists such as Bruno Botella, Michael Quistrebert, Edouard Taufenbach, Patrick Saytour, and Clémentine Coupau. Stéphane Ducatteau was born in 1970.
Stéphane Ducatteau's Gallery representation
Stéphane Ducatteau is represented and exhibited by Waltman Ortega Fine Art | Miami in the United States.
Historical Context of France
France has been an influential nation in the development of modernism. Throughout the nineteenth century, France fostered the beginnings of what is today known as the avant-garde, including movements such as Impressionism, Post-Impressionism and Art Nouveau, led by critically acclaimed artists. During the first part of the 20th century, Paris was a crucial intellectual and cultural hub, establishing cutting-edge movements such as Cubism, Fauvism, Dadaism and Surrealism, amongst others. These movements blossomed at the beginning of the century, in the period immediately preceding the Second World War. Dominant French artistic figures from the beginning of the century include Paul Cezanne, Pablo Picasso, Georges Braque (Spanish national who settled in France) Francis Picabia, Marcel Duchamp, Man Ray, and Le Corbusier amongst many of others.
Further Biographical Context for Stéphane Ducatteau
Born in 1970, Stéphane Ducatteau was largely influenced by the 1980s. The 1980s were an era of developing global capitalism, political upheaval, global mass media, wealth discrepancies and distinctive music and fashion, characterised by hip hop and electronic pop music. This had a strong impact on the generation of artists growing up during this decade. The fall of the Berlin Wall at the end of the 1980s signified the end of the Cold War, yet the era was also marked by the African Famine. During this time influential art movements included Neo Geo, The Pictures Generation and Neo-Expressionism, which took a strong hold in Germany, France and Italy. Artists such as Anselm Kiefer, Jörg Immendorf, Enzo Cucchi, Francesco Clemente and Julian Schnabel were leading artists working during this period, alongside Jean-Michel Basquiat, Keith Haring and Kenny Scharf, who developed the street art and graffiti movements, which quickly gained an influential reputation. | https://www.artland.com/artists/stephane-ducatteau-0e09e8 |
What are the characteristics of the artworks?
What are the characteristics of the artworks?
As you know, the visual characteristics of artwork are lines, colors, values, shapes, textures, space, and movement. To describe them, you must think beyond straight or curved, red or orange, light or dark, round or square, striped or polka dot, shallow or deep, and small or large.
What are the characteristic and artistic movement?
The most influential movements of “modern art” are (1) Impressionism; (2) Fauvism; (3) Cubism; (4) Futurism; (5) Expressionism; (6) Dada; (7) Surrealism; (8) Abstract Expressionism; and (9) Pop Art.
What is surface description in art?
Surface is the uppermost layer of a thing. In the context of art, the surface determines how a color is reflected, absorbed or scattered, depending upon its texture.
What are the characteristics of a beautiful art?
Beauty in Art
- Repeating shapes, patterns, and symmetry.
- Colors, especially colors that complement or enhance each other.
- Textures, both visual and physical (like thick, impasto paint).
- Crops and compositions that focus the eye and keep the viewers’ attention.
- Movement or flow to guide viewers through the art.
What are the different characteristics of the three artwork?
General characteristics of Visual art/Fundamentals of Visual art : Space, form, size, shape, line, colour texture, tonal values, perspective, design and aesthetic organization of visual elements in art object (composition). The uses of two and three dimensions in visual art. Tactile quality in art. Environment and art.
What is the importance of art movement?
It introduced new techniques, methods, materials, and new themes to produce art in their own way. These movements and their artists were able to keep their uniqueness separate from other movements which supported their talent in a pretty precious way.
When did Supports / Surfaces art movement start and end?
D uring a rebellion of French art and a reaction against French politics, the art movement Supports/Surfaces formed in 1969 and lasted until 1974.
What was the role of Supports / Surfaces artist?
With a social conscience sharply attuned to the political context of the times, the Supports/Surfaces artist saw himself more as a craftsman, as an anonymous worker in the crowd. Painting was seen as a communal practice, an antidote to the solitary quest of the early modernists and a critique of the excesses of Existential egos.
Is the Supports / Surfaces movement alive and well?
And last March in Los Angeles, the Cherry and Martin Gallery presented a show entitled Supports/Surfaces Is Alive and Well. One cannot say that the movement suffers from overexposure.
What was the aim of supports and surfaces?
Even as it systematically deconstructed the constitutive elements of painting, Supports/Surfaces never considered the concept of its death, an overriding critical viewpoint at the time, as a valid proposition. Their aim was to analyze painting as an “objet de connaissance” (literally: object of knowledge) with a Post-Structuralist angle. | https://www.mybubbaandme.com/contributing/what-are-the-characteristics-of-the-artworks/ |
Who was considered the wealthiest and most powerful man in Florence, Italy during the Renaissance?
Lorenzo de' Medici
Leonardo da Vinci
Niccolò Machiavelli
Tycho Brahe
Pope Leo X
Lorenzo de' Medici
Lorenzo de' Medici was a member and leader of one of the most influential families during the Renaissance, using his wealth and political prowess to effectively rule the Florentine Republic. Although the other answers refer to important figures of the Renaissance, they are incorrect due to their differing professions which did not afford them as much wealth or power as enjoyed by the Medici family.
Example Question #1 : Cultural And Intellectual History
Ludwig van Beethoven, John Keats, Lord Bryon, Victor Hugo and Eugene Delacroix are associated with what artistic movement?
Realism
Surrealism
Expressionism
Impressionism
Romanticism
Romanticism
Romanticism was an artistic movement that emphasized emotion, individualism, history and nature. It originated in Europe in the late eighteenth century and peaked in the period from 1800-1850. These artists exemplify the tenets of the Romantic movement in painting, writing and music.
Example Question #1 : Elite And Popular Culture
One key difference between Renaissance art and medieval art is that Renaissance art ____________________.
featured more realistic and natural depictions of the human form
was produced by and for the middle class
focused on landscapes and nature scenes
was not supported by the Catholic Church
rarely featured religious subjects
featured more realistic and natural depictions of the human form
Renaissance painters and sculptors created realistic, multi-dimensional depictions of the human form. In contrast medieval art typically featured less realistic renderings of people. | https://www.varsitytutors.com/european_history-help/elite-and-popular-culture |
Now you can skip hours of internet research and jump straight to getting answers with our meaningful at-a-glance Demographics Spreadsheet Report. With the most current & most popular demographic data, it's the perfect starting point for your research about 50160 and the rest of Iowa.
We know 50160 Demographics, just keep scrolling...
All 50160 population data above are from the US Census Bureau.
The population data for 50160 are from the Census' American Community Survey 2017 5-year estimates. The demographic data for 50232, 51111, 52216, and 52542 are the most current, comparable demographics available from the US Census Bureau, are from the American Community Survey 2017 5-year estimates, and were downloaded on December 2017. Check out our FAQ section for more details.
With 447 people, 50160 is the 637th most populated zip code in the state of Iowa out of 935 zip codes. But watch out, 50160, because 50232 with 446 people and 52542 with 445 people are right behind you.
The largest 50160 racial/ethnic groups are White (92.2%) followed by Hispanic (7.8%) and Two or More (0.0%).
In 2017, the median household income of 50160 residents was $56,354. 50160 households made slightly more than 51111 households ($56,318) and 52216 households ($56,314) . However, 15.9% of 50160 residents live in poverty.
The median age for 50160 residents is 34.0 years young.
86% of people CANNOT find the data they're looking for on the US Census Bureau website. Source: Nielsen Norman Group
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See a sample Starter Report here. | https://www.iowa-demographics.com/50160-demographics |
EPPE systems continuously capture all power system parameters for the analysis and documentation of power quality to standards defined by the international standards such as EN 50160 or IEC 61000-4-30. High storage capacities and effective data compression methods enable long-term recordings to be made over periods of up to several years.
As well as continuously recording all the quantities relevant to power quality, the integrated fault recorder module allows the event-triggered capture of transient processes with sampling rates of up to 30 kHz.
Fields of application:
- PQ measurement to EN 50160
- Residual current monitoring
- Professional fault recorder
- Energy meter and power analyser
- Frequency analyser
- Trend and long-term data logger
- IEC 61850, IEC 60870-5-103, Modbus
Examples of applications: | https://www.globaltwinstar.com/eppe-power-quality-analysers/ |
ADATA Technology has announced that its Legend 840 M.2 2280 SSD and XPG Gammix S70 Blade M.2 2280 SSD series are fully compatible with the Sony PlayStation 5 (PS5) game console.
Legend 840 M.2 2280 SSD products use PCIe 4.0 x4 interface (NVMe 1.4 specification). The declared information read speed reaches 5000 MB / s, the write speed is 4500 MB / s. The devices received SLC caching facilities and HMB (host memory buffer) technology.
XPG Gammix S70 Blade M.2 2280 SSDs also communicate via PCIe 4.0 x4. At the same time, higher performance is provided – up to 7400 MB / s when reading information and up to 6800 MB / s when writing data.
“With excellent performance, thermal heatsinks and up to 2TB capacities, these two SSDs are great options for PS5 users to complement their PS5 on-board SSD or as a cost-effective way to replace a broken on-board SSD.“, – notes ADATA Technology.
The drives are made in the M.2 format with dimensions of 22 × 80 mm. PlayStation 5 compatibility has been confirmed by ADATA in recent tests conducted at research facilities. | https://technewsspace.com/adata-announces-which-ssds-are-compatible-with-playstation-5/ |
The power quality analyzers that are installed in transformer substations must meet the requirements contained in EN 50160, in terms of both the parameters recorded and the format of the recorded data. For installations outside European territory, the law may differ in some regards, but it will always depend on the electrical parameters recorded by power quality analyzers.
Standard EN 50160 refers to statistics, normally averaged every 10 minutes, to ensure the regularity of the level of quality of the electrical waveform supplied. However, another aspect that can have financial effects is spontaneous quality events, whether caused by faults, technical outages or incidents in transformers or transmission and distribution lines, as these can result in customers filing administrative claims against you.
Because of this, a power quality device is required that can record events that affect the quality of service, as per the guidelines set out by the IEC 61000-4-30 international standard, such as overvoltages, dips or voltage interruptions lasting at least half a cycle. This information, registered in the transformer substations, will serve as evidence when defending against any claim for damages caused to your customers' facilities, whether due to equipment malfunctions, faults in loads or production lines, or supply outages. | https://circutor.com/en/sectors/electric-utilities/power-quality-management/ |
lcd: least common multiple.
RE: [puzzle] another little problem - Thomas Okken - 10-07-2017 07:15 PM
(10-06-2017 09:03 PM)pier4r Wrote:
The prime factorization of 50! contains all the primes up to 50, of which there are 15; the prime factorization of 5! contains the primes up to 5, of which there are 3.
Since GCD(x, y) * LCM(x, y) = x * y, we're looking for pairs of divisors a, b of 5! * 50! such that a * b = 50! * 5! and GCD(a, b) = 5!.
One factor must contain 2^3 * 3 * 5 and the other all the other powers of 2, 3, and 5, because that's the only way for GCD(a, b) to be 5!. All the other 12 prime factors can go with either a or b, but all the occurrences of any prime factor must either all go with a or all with b, since otherwise they'd contribute to the GCD. So, 12 primes to be placed with 2 different factors, that's 2^12 = 4096 possibilities.
EDIT:
No, that's wrong, the 2^3, 3^1, and 5^1 do not have to all be with the same factor; what's important is that one factor has 2^3 and the other has 2^47; one factor has 3^1 while the other has 3^22, and one factor has 5^1 while the other has 5^12. So, four times as many possibilities as I first figured, for a total of 16384.
RE: [puzzle] another little problem - AlexFekken - 10-09-2017 03:03 AM
Looks correct me to me.
And in general, if n1 is the number of distinct prime factors that the gcd and lcm have in common with the same exponent, n2 the number that they have in common with a different exponent, and n3 the number in the lcm but not the gcd, then the answer would be:
2^(n2+n3-1) if (n2+n3) > 0
1 if n2=n3=0, i.e. gcd = lcm = x = y
That the gcd and lcm are factorials is irrelevant, but makes it easy to count the prime factors. | https://www.hpmuseum.org/forum/printthread.php?tid=9239 |
Srinagar, 22: Jammu and Kashmir Monday reported 160 COVID-19 cases-128 from Kashmir and 32 from Jammu even as one fresh fatality has been reported in Kashmir in the last 24 hours.
The case tally has risen to 335528 while death toll jumps to 4462—2182 in Jammu and 2280 in Kashmir.
So far a total of 329401 patients have recovered including 195 recoveries in last 24 hours.
There are a total of 1665 active cases in J&K—250 in Jammu and 1415 in Kashmir. | https://www.greaterkashmir.com/health/jk-reports-160-new-covid-cases-one-fresh-death-in-kashmir |
microdissection methods.
Disease
Chromosomal region
Adenocarcinoma oF the lung
9q, 16p
Acute myelogenous leukemia (ETO gene)
8q22
Autism/mental retardation
4q21
Basal cell carcinoma
9q22.3
Cervical carcinoma
6p21.3
Colorectal carcinoma
5q, 18q
Congenital heart deFect
6p22.1–6pter
Ductal carcinoma breast
11q22–q23
Esophageal adenocarcinoma
4q32–33
Glioma
10q23.3
Melanoma
10q24–25
Ovarian cancer primary
3q25–q26
Ovarian cancer metastatic
3p25–p26
Pancreatic carcinoid
8p12–22
Prostate carcinoma
16q
Psychomotor/growth retardation
13q22–q32, 5q31.3q33.3
Small-cell lung carcinoma
3q13.2
Urinary bladder carcinoma (EG±R gene)
7p11–p12
sample of the numerous lesions/diseases
for which chromosomal aberrations have
been mapped by various microdissection
techniques. In some instances, a speciFc
gene has been identiFed as being po-
tentially involved in the etiology of the
disease. In other instances inactivation
or absence of tumor suppressor genes
are being sought as the cause of the
disease.
How is functional genomics likely to
impact on the pathology laboratory? Im-
portant aspects of functional genomics in
the post genome era include the LCM,
DNA and cDNA microarrays, proteomic
methods, collaborative human tissue bank-
ing, tissue microarrays, and pathobioin-
forma
t
ics
.Thero
leo
fmassspec
troscopy
in the analysis of RNA, DNA, and pro-
tein has expanded. The recent combina-
tion of LCM and high-throughput cDNA
microarrays provides a unique opportu-
nity to generate gene expression proFles
of cells from various stages of tumor
progression as it occurs in the actual
neoplastic tissue milieu. This combina-
tion was put to use to monitor
in vivo
gene expression levels in puriFed normal,
invasive, and metastatic breast cell pop-
ulations from a single patient. Expression
proFles were veriFed by real-time quantita-
tive PCR and immunohistochemistry and
were proven to be generally applicable to
the study of progression of malignancy.
Rubin has used LCM, cDNA microar-
rays, and tissue microarrays to validate
the presence of differentially expressed
genes in various stages of prostate can-
cer. Pasinetti et al. conducted a large-scale
gene expression proFling study using LCM
and a number of tumors and their nor-
mal counterparts (e.g. tumor and normal
oral epithelium). About 600 genes were
found to be associated with oral can-
cer. These included oncogenes, tumor
suppressor genes, transcription factors, | https://osap-path.org/Encyclopedia%20of%20Molecular%20Cell%20Biology%20and%20Molecular%20Medicine/1372 |
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Birth Record Detail...
View the record image.
(2280 Kb)
Name:
B. Caruthers
Birth Date:
22 Jul 1892
Birth Place:
Putnam, West Virginia
Sex:
Female
Mother:
M. B.
Mother's Age:
Mother's Birth Place:
Father:
J. A.
Father's Age:
Father's Birth Place:
Maternal Grandmother:
Maternal Grandfather:
Paternal Grandmother:
Paternal Grandfather: | http://archive.wvculture.org/vrr/va_bcdetail.aspx?Id=2370793 |
Energy analysers for three-phase electrical netweorks | C.A 8334B
Designed for testing and maintenance departments in industrial or administrative buildings, the Qualistar C.A 8334 enables the user to obtain an instant snapshot of the main characteristics of electrical network quality.
Handy and very compact, this instrument also offers numerous calculated values and several processing functions based on the current standards: EN 50160, IEC 61000-4-15, IEC 61000-4-30, IEC 61000-4-7.
Feature
- Colour LCD screen for graphic display
- 3 structured display modes: observation, diagnosis, monitoring
- Complete three-phase analysis:
- Voltage, current,
- Power / energy,
- Harmonics (up to 50th order), flicker,
- Measurement of transients,
- Alarm trigger...
- Processing of data via PC software QualistarView or DataViewer Pro. | https://www.alatuji.com/index.php?/detail/339/1159/energy-analysers-for-three-phase-electrical-netweorks-c.a-8334b |
- Providing food, clothing, educational materials and supplies, and financial assistance to needy Mexican children and their families.
- Funding grants to Mexican organizations whose mission and programs align with LCM’s charitable purpose.
Our Goal
Our goal is to provide assistance for the 45 children participating in Casa Alegria, located in Nuevo Laredo. In partnership with Casa Alegria we seek to:
- Provide a safe after school environment where the children can play and learn.
- Serve a nutritious, warm meal prepared on site.
- Offer daily Bible education classes to strengthen their spiritual foundation.
- Safely transport the children from their neighborhood to Casa Alegria.
- Provide homework assistance to ensure success in the classroom.
More About The Need
Children deserve the opportunity to live happy, healthy lives in a safe, loving environment. Yet not all children are this fortunate.
This is the case for many of the children in Nuevo Laredo, Mexico, where the poverty rate is at 45%.
LCM is partnering with Casa Alegria to achieve its mission. Casa Alegria has over 22 years of experience serving children from the most impoverished neighborhoods of Nuevo Laredo. The Casa Alegria children excel academically, are ranked first in their classroom, and go on to complete their schooling. In fact, many of the first children participating at Casa Alegria have graduated from college and work in their professions. They have returned to help provide a similar path of hope for younger ones. | https://www.thecrossroads.org/loving-the-children-of-mexico-taide-vizuet/ |
Asked by:
Post-Create WIM TS in Capture Image phase fails for Windows 10 x64 Enterprise (1709)
Question
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Hello,
I'm having issues sysprep'ng a valid deployment from a Windows 10 x64 Enterprise build using a 1709 reference image. First, I am not running into the commonly known sysprep failure out of the gates with regards to the Windows Store auto-downloading applications and thus invalidating the provisioned packages for all users thus inhibiting sysprep from running.
Background:
- VMware ESXI 6.5 for building the VM desired for capture
- MDT 2013 build 8443
- ADK for Windows 10 (does support build 1709)
- Deploying a captured WIM via WDS (or USB) using LiteTouch x64 PE image
- Reference image is very base minus the disabling of Cortana, Windows Consumer Experience, Spotlight, Telemetry, and Windows Store application downloads (the latter is an absolute must for aforementioned reason); I'm not deploying applications through the reference image because there are far too many so the best approach is to do a "gold" image via capturing a WIM and deploying that WIM
- Desired capture image has several large applications installed prior to sysprep (variety of Cad, Bentley software, etc.).
- Using the base template Sysprep and Capture without any modifications to the default task sequence and unattend.xml file
- I have a standard client deployment configured to load this WIM in the future
- The goal is to deploy this "golden" image down to some physical workstations
CustomSettings.ini:
[Settings] Priority=Default Properties=MyCustomProperty [Default] _SMSTSORGNAME=Contoso Yarharhar UserDataLocation=NONE OSInstall=Y SkipCapture=NO DoCapture=YES SkipAdminPassword=YES SkipProductKey=YES SkipComputerBackup=YES SkipDomainMembership=YES SkipBitLocker=YES SLSSHARE=\\x.x.x.x(it's actually a valid one)\Logs$ SkipUserData=YES SkipBuild=NO SkipTaskSequence=NO SkipApplications=NO SkipLocaleSelection=YES TimeZoneName=Eastern Standard Time SkipFinalSummary=YES SkipComputerBackup=YES SkipWizard=NO HideShell=YES BackupShare=\\x.x.x.x(it's actually a valid one)\Capture$ BackupDir=%OSDComputerName% ComputerBackupLocation=NETWORK
Bootstrap.ini:
[Settings] Priority=Default [Default] DeployRoot=\\x.x.x.x\MDTBuild$ SkipBDDWelcome=YES UserID=ValidUserID UserDomain=contoso.com UserPassword=ValidPassword
Issue:
When I launch LiteTouch.vbs from the MDT share after my VM is in the desired state, it seems to kick off just fine (boots into PE, I select capture, and it captures the WIM to the desired MDT capture share as expected. On the reboot during the Windows 10 loading screen, I am prompted with "Windows could not finish configuring the system. To attempt to resume configuration, restart the computer." I was able to Shift+F10 to get to a command prompt and verify that not all of the services started properly and that all local users were disabled. Since this OS is not Windows 7, the following known KBs do not apply to me:
- Kernel Mode Driver Framework: http://support.microsoft.com/kb/2685811
- User Mode Driver Framework: http://support.microsoft.com/kb/2685813
- Specific hotfix for this http://support.microsoft.com/kb/981542
At this point, I wanted to see if the WIM was still fine or if that particular error was going to carry through in the image deployment, so I decided to run through a deploy with that WIM configured. The OS install seemed to work fine on the deploy, but as soon as it finished I received the same error I did right after the sysprep and WIM capture process from earlier.
The BDD logs looked clean. The SMSTS logs were reporting several of these errors (note that these logs are from the deploy machine and not the VM's capture):
Set a TS execution environment variable _SMSTSInstructionStackString=22 TSManager 12/26/2017 10:54:31 AM 2280 (0x08E8) Save the current environment block TSManager 12/26/2017 10:54:31 AM 2280 (0x08E8) Failed to save environment to (80070057) TSManager 12/26/2017 10:54:31 AM 2280 (0x08E8) Failed to save the current environment block. This is usually caused by a problem with the program. Please check the Microsoft Knowledge Base to determine if this is a known issue or contact Microsoft Support Services for further assistance. The parameter is incorrect. (Error: 80070057; Source: Windows) TSManager 12/26/2017 10:54:31 AM 2280 (0x08E8) Failed to persist execution state. Error 0x(80070057) TSManager 12/26/2017 10:54:31 AM 2280 (0x08E8) Failed to save execution state and environment to local hard disk TSManager 12/26/2017 10:54:31 AM 2280 (0x08E8)
On the deploy, I am using the default task sequences. Also, UEFI is not the path being chosen as it's a legacy BIOS Format and Partition Disk (Disk number set to 0; Windows partition name is the primary, set for NTFS using quick format based on the OSDisk variable, which is also left to its default C: value). The Install Operating System in the Install phase is set to "Logical drive letter stored in a variable" that matches the OSDisk variable. The drive is not encrypted or locked either. I'm not sure why the execution state and environment fail to save to the local hard disk. Any help would be greatly appreciated, and I'll post back with the SMSTS or BDD log snippets from the VM reference image where the sysprep is done later this afternoon. Thanks in advance!
- Edited by jtcrawfo Wednesday, December 27, 2017 8:06 PM Subject/Verb agreement
All replies
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Could you pull Panther logs from the system? Issues during the specialize phase could be related to drivers, unattend.xml processing failing due to formatting issues / invalid values, and so on. Either way, setupact and setuperr logs might shed some light into what is going on...
Cheers,Vacuum Breather Blog | Wing Commander Saga | Twitter
Anton
Note: Posts are provided "AS IS" without warranty of any kind. If posts are helpful please don't forget to rate them as "Helpful" or as "Answer". | https://social.technet.microsoft.com/Forums/en-US/e3e9e297-5bfc-40cd-a419-66d307dfa85a/postcreate-wim-ts-in-capture-image-phase-fails-for-windows-10-x64-enterprise-1709?forum=mdt |
Cristina Carulla is one of the most influential interior designers in Spain.
After studying at the Parsons design school in New York and then working with Lázaro Rosa-Violán, Cristina founded her own studio in 2015 with the premise of offering a tailor-made service in which authenticity, elegance and warmth are the cornerstones from which each project is approached.
The studio is currently carrying out several projects, from the new Marriott Authograph or a restaurant for Rafa Zafra, both in Madrid, the conversion of an old factory in Poblenou (Barcelona), an apartment in Brera (Milan) and a house in Budapest.
LCM: What do those who really love you call you?
CC: Cris.
LCM: What’s your favorite app?
CC: Right now, Vinted. There are some awesome vintage things.
LCM: If you were not a decorator would you…?
CC: Actress.
LCM: Who have you missed the most during confinement?
CC: To my mother.
LCM: Reveal to me a hidden paradise to which you dream of returning.
CC: Papua Nueva Guinea.
LCM: Give some advice to someone who starts in your own business.
CC: Be very curious and ask a lot.
LCM: I have to paint my new house, what color do you advise?
CC: Now that I’m reading Terence Conran’s biography, I would tell you a white background but with loose walls in primary colors.
LCM: Tomorrow is my birthday and I’m in your city, where I should go to have dinner?
CC: Bacaro, behind the Boqueria market.
LCM: Which “quote” defines how you live life?
CC: “Always respect your superiors; if you have any” from Mark Twain.
LCM: Which is your favorite corner at home?
CC: Always, my bedroom.
LCM: Surprise us with something of your personality that we would never imagine.
CC: I’m very good guessing people’s personalities.
LCM: Do you have any pet? What’s its name?
CC: Lola the dog and Moshi the cat.
LCM: What is the song that always makes you dance?
CC: Ven, devórame otra vez
LCM: Tell me a deco trend that is coming and we doesn’t know yet.
CC: The total look in champagne color.
LCM: Unspeakable obsession.
CC: The study always smells of citrus.
LCM: Give me a reference from Les Créations de la Maison that you are passionate about.
CC: ¡Corduroy Wide! | https://lescreations.grupolamadrid.com/blog-the-living-nature/cristina-carulla/ |
Average customer satisfaction for the retail (non-food) sector remains high in the latest UK Customer Satisfaction Index (UKCSI), published by The Institute of Customer Service.
The sector is the highest rated out of 13 for customer satisfaction, although its score of 80.9 in the July 2019 index is 1.2 points lower than in July 2018. It is the lowest score recorded for the sector since July 2011, and its biggest year on year drop since January 2015.
The sector is rated at least three points higher than the UK all-sector average on all five dimensions of customer satisfaction: experience, complaint handling, customer ethos, emotional connection and ethics.
Although most individual customer satisfaction measures are unchanged compared to a year previously, each of the complaint handling measures has fallen by at least 0.4 points. Indeed, retail (food) and retail (non-food) are the only sectors that have seen a notable drop in satisfaction with complaint handling.
12.5% of customers experienced a problem with an organisation, up by 0.7 percentage points compared to July 2018. This figure represents the highest level of problems ever recorded for the sector.
Out of 25 organisations, Debenhams was the highest rated in the sector with a score of 86.7. It is also the most improved organisation across the overall UKCSI, having seen its score increase by 6.2 points compared to July 2018. The second and third highest rated organisations in the sector were John Lewis and Next, with scores of 85.3 and 85.1 respectively.
Seven organisations have improved by 1 point or more, while 13 organisations saw their scores fall by at least 1 point. 13 organisations received a UKCSI score at least 1 point below the sector average.
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You must be logged in to post a comment. | https://www.instituteofcustomerservice.com/customer-satisfaction-with-retail-non-food-sector-falls-but-remains-high/ |
Overall satisfaction scores in the Passenger Focus Spring 2014 National Rail Passenger Survey have remained steady.
Around 27,000 passengers took part in the survey, published on June 25, and the verdict was that 82% of them remain satisfied with their last journey. This is the same figure as was recorded in the Spring 2013 survey and one percentage point lower than the 83% recorded in the Autumn 2013 survey.
Satisfaction between train operators varied from 72% to 96%, while results on specific routes varied even more (69% to 96%).
Hull Trains recorded the highest overall satisfaction at 96%, compared with 86% in the Autumn 2013 survey. The lowest score was recorded by Southeastern, which received a score of 72% (down from 78% in Spring 2013 results and 84% in Autumn 2013. This is also 4% worse than the lowest Autumn 2013 score (Southern’s 76%).
Satisfaction across the industry with punctuality and reliability was similar to the previous spring, at 77% (78% in 2013). The biggest improvement in satisfaction was with the value for money of ticket price (up three percentage points to 45%). The biggest decline was with sufficient room for passengers (down 2pp to 65%).
“Getting trains on time is the key factor underpinning passenger satisfaction, while how delays are dealt with is the key factor behind scores for passengers’ dissatisfaction,” said Passenger Focus Chief Executive Anthony Smith.
Smith was referring to the announcement, ahead of the 2014 price rises, that ticket price increases had to be capped at inflation, instead of inflation plus 1% as in previous years.
The NRPS is conducted twice a year with around 30,000 passengers taking part, and asks for satisfaction ratings for around 30 factors of a passenger’s journey. The Spring 2014 survey ran from February to April. The next survey (for Autumn 2014) will be published in early 2015. | https://www.railmagazine.com/news/fleet/2014/09/82-of-rail-passengers-satisifed-nrps |
WESTLAKE VILLAGE, Calif.: 2 March 2015 — With fewer catastrophic storms than prior years, insurance providers have been able to focus time on and apply lessons to managing non-catastrophic claims, which has resulted in a third consecutive year of higher overall satisfaction among homeowners who have filed a property claim, according to the J.D. Power 2015 Property Claims Satisfaction StudySM released today.
With a record 25 separate catastrophic (CAT) losses in 2011 and 2012 combined, insurers have welcomed the comparatively quiet period since, with eight events in 2013 and only five in 2014 within the primary fielding period of the 2015 study. By applying the lessons learned while handling CAT claims to non-CAT claims and by putting renewed focus on their property insurance business, insurers have been able to increase property claims satisfaction to 851 (on a 1,000 point scale) in 2015, up from 840 in 2014.
Bowler noted that while many insurers previously focused on managing their auto insurance claims, they are now increasing their investment of time and resources in their property insurance business. “They are getting serious about applying the knowledge from their auto business to property claims, and we’re seeing that reflected in higher customer satisfaction,” said Bowler.
Improving satisfaction is critical for insurers, as they often realize a return on their investment in customer satisfaction in the form of loyalty. Only 3 percent of customers who were delighted (satisfaction scores 900 or higher) and 7 percent of those who were pleased (scores 750-899) with their insurer during the claims process have switched carriers since their claim closed. In contrast, 9 percent of indifferent (scores 550-749) and 11 percent of displeased (scores 549 or lower) customers have switched to a different insurer. Additionally, 23 percent of indifferent customers and 42 percent of displeased customers say they “will shop” for a new provider during the next 12 months.
Overall satisfaction improves in each of the five factors in 2015, with the greatest year-over-year improvements in settlement and service interaction.
Satisfaction is highest when the insurance agent is the primary contact throughout the claims process (865) and lowest when the primary contact is the claims professional (793). The percentage of customers who say their agent is their primary contact has increased to 24 percent in 2015 from 18 percent in 2014. Only 7 percent of customers say the claims professional is their primary contact in 2015, down from 9 percent in 2014.
The majority (90%) of full-service advice seekers—customers who value a personal relationship with their agent—contact their agent to report the first notice of loss and receive the majority of claims updates through phone calls (71%). On the other end of the spectrum are technologists—customers who opt to interact with their insurer through digital channels—who most often contact a call center or use their insurer’s website to begin their claims process and receive updates online or via email or texts.
Claims satisfaction is highest among Pre-Boomers (880) and is lowest among Gen Y (839) customers. Satisfaction among Boomers is 850 and 849 among Gen X customers.
Amica Mutual ranks highest in overall satisfaction with the property insurance claims experience for a fourth consecutive year, achieving a score of 888. Amica Mutual performs particularly well in nearly all study factors. Nationwide ranks second with a score of 886, followed by COUNTRY with 881.
USAA also achieves high levels of customer satisfaction, although the insurer is not included in the rankings due to the closed nature of its membership.
The 2015 Property Claims Satisfaction Study is based on more than 6,100 responses from homeowners insurance customers who filed a property claim between January 2013 and December 2014. | https://www.jdpower.com/business/press-releases/2015-property-claims-satisfaction-study |
The latest South African Customer Satisfaction Index (SAcsi) has revealed the best and worst banks in South Africa when it comes to customer satisfaction.
The banks measured were FNB, Absa, Nedbank, Standard Bank and Capitec, selected on the basis of market share.
Using a sample size of over 16,000 customers, Capitec and FNB came out tops, with scores of 82.2 and 79.3 respectively, both significantly higher than the average SAcsi score of 76.3 out of 100.
SAcsi noted that the only real change in the 2015 banking industry benchmark is the turn-around success of Absa. The bank showed an improvement of 2.4 points (from 72.4 to 74.8).
Nedbank ranked fourth, with an overall score of 74.8 while Standard Bank fell to the bottom of the list with an overall SAcsi score of 73.7 out of 100.
|#||Bank||SAcsi 2015||SAcsi 2014||Year change||Points from average||% from average|
|1||Capitec||82.2||81.5||0.7%||+5.9||7.7%|
|2||FNB||79.3||79.5||-0.2%||+3.0||3.9%|
|3||Absa||74.8||72.4||2.4%||-1.5||-2.0%|
|4||Nedbank||74.8||74.3||0.5%||-1.4||-1.9%|
|5||Standard Bank||73.7||74.4||-0.8%||-2.6||-3.4%|
|–||Industry Average||76.3|
The research into retail banking was conducted in the last quarter of 2014 and excludes the views of South African banks’ business clients.SAcsi is a national economic indicator of customer satisfaction with the quality of products and services available to household consumers in South Africa.
Prof. Adré Schreuder, founder of SAcsi and CEO of Consulta Research, said that Absa’s performance has improved across all of the contributors to the SA customer satisfaction index.
In addition, Absa’s Net Promoter Score (NPS) has improved from 8% to 15%.
The report noted that the move away from the traditional banking environment to a greater reliance on electronic channels has an effect on satisfaction, as digital banking creates less room for human error.
Banking channels
The SAcsi also measured satisfaction with specific retail banking channels. In terms of ATMs, the five banks maintained similar scores to last year at 79.7 out of 100. Nedbank and Absa have shown an upward movement.
“This particular score has a lot to do with ATM footprint,” said Schreuder.
When it comes to branches, Capitec is seen as the leader in customer satisfaction, although Nedbank’s scored improved by 3.6% from 2014.
The area of banking apps has shown the greatest upward movement, with all banks increasing their satisfaction scores for banking apps bar Nedbank, which maintained its position from last year.
FNB and Standard Bank both recorded higher scores than in 2014, with FNB named as the leader in this segment.
FNB is still the leader in satisfaction with mobile banking, although the gap seems to be closing. It is also the only bank to score above the industry average for online banking. Absa and Capitec improved on their satisfaction scores fro 2014.
Customer loyalty
The SAcsi examines a number of areas to obtain an overall score, including customer expectation, customer loyalty, perceived value and complaints.
Capitec and FNB were the best performers in the field of perceived quality and exceeded their customers’ expectations. In this SAcsi measure ABSA was again the only bank that showed progress in their score, improving by two index points.
Capitec is a clear leader in the area of perceived value according to the SAcsi, beating the average by 12 points. “Capitec is giving their customers what they expect (value-for-money banking), which means they understand their target customer segment very well,” said Schreuder.
FNB’s perceived value is higher than the industry average, while Absa improved perceived value amongst customers by a significant margin.
Customers of South African banks still have high levels of complaints, with the industry average at 22 percent of customers. “This means that almost one fifth of banking customers complain on various forums,” the report’s author said.
Capitec received the lowest level of complaints and the highest level of problem resolution, while the other four banks are on a par.
Capitec and FNB recorded lower customer loyalty scores although they maintained their leadership position in this metric. Absa, however, recorded an improved customer loyalty score, the report found.
SAcsi also tracks the well known Net Promoter Score (NPS), which describes the likelihood of customers recommending a particular bank.
Capitec scored the highest NPS of its peers, however Absa’s NPS has almost doubled from 2014.
More on banks in SA
What happens to SA banks during load shedding? | https://businesstech.co.za/news/general/81579/best-and-worst-banks-in-south-africa-2/ |
2021 French IT Sourcing Study Results Published
The 2021 French IT Sourcing Study, conducted by Whitelane Research, investigates more than 480 unique IT sourcing relationships as well as more than 350 cloud sourcing relationships held by more than 160 participants of the top IT spending organisations in France.
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Key findings from the 2021 French study:
73% of all respondents in the study confirm they will outsource at the same rate or more, with one third citing that they are planning to outsource more in the next two years. France predicts one of the lowest levels of outsourcing in Europe following the Nordics (27%). Plans to outsource less (insource) have seen a significant decrease in comparison with last year, down from 17% in 2020 to just 7% while the majority of organisations (40%) are not looking to make any changes to their current outsourcing plans.
By industry, most outsourcing is predicted for the transportation and logistics sector with 50% of organisations planning to outsource more in the next two years (17% above the overall average for France). The financial services sector also predicts more outsourcing than average (43%), while only a small minority plan to outsource less (4%).
Improvement of service quality is the main driver for organisations in France planning to outsource more (cited by 63%). Cost reduction, ranked number one in 2020 and 2019, drops to second place with 58%, jointly followed by access to resources/talent and focus on core business (48%).
Overall, respondents are satisfied with their IT service provider(s), with 90% of all 486 IT sourcing relationships being rated as satisfactory. HCL and TCS are the joint highest ranked providers with a score of 84%, followed by Wipro (78%), Capgemini (76%) and LTI and SCC (both at 75%).
The average satisfaction of 71% remains stable in comparison with last year and is one of the lowest compared to the rest of Europe where Whitelane also conducts this study.
TCS is ranked number one for applications while HCL tops the rankings for data centre and end-user services.
HCL 84%
TCS 84%
Wipro 78%
Capgemini 76%
LTI/SCC 75%
Top 5 only (France 2021)
Amazon Web Services (AWS) remains on top of the infrastructure cloud platforms ranking with a score of 73%. A large proportion of clients (45%) are only ‘Somewhat satisfied’ with their infrastructure cloud providers and the majority of providers have experienced significant decreases to their satisfaction scores in comparison with last year. The average satisfaction has dropped by 6% to 65% and is the lowest average satisfaction of the five IT domains. For software cloud platforms, Google Suite achieves first place with a score of 82%.
Across the nine Key Performance Indicators (KPIs), account management has the highest average score (78%) with TCS topping the ranking. Despite the majority of service providers making improvements to their scores since last year, innovation and proactivity remain the lowest performing KPIs with average scores of 63% and 67%, respectively.
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Almost half of clients (47%) predict that 50% or more of new applications will be cloud based (of which one third indicated more than 70%). The main challenge when transitioning successfully to the public cloud is security and privacy issues (cited by 77% of respondents and up 17% in importance since last year). In addition, almost half of providers suggest that very significant improvements are necessary for client cloud management and integration skills (compared to the client self-assessment of 26%). | https://whitelane.com/france-2021/ |
Quality of Life in Gauteng
Quality of life is a measure that moves beyond the idea of ‘standard of living’ and Gross Domestic Product (GDP) indicators, which are typically closely tied to income, and attempts to get a broader sense of well-being that takes both basic needs and psycho social components into account. GCRO’s Quality of Life index draws on 58 indicators from a range of questions measuring objective circumstances and subjective opinions. Indicators are grouped into 10 dimensions (each has a maximum score of 1). The dimension scores are added together to give a total Quality of Life score out of 10.
Date of publication:
June 2018
Satisfaction with local government by dwelling type
Satisfaction with local government differs significantly across dwelling types. People who live in a cluster house in a complex have the highest level of satisfaction, whereas people living in informal settlements have by far the lowest satisfaction with local government. Overall, respondents who live in formal dwellings are more satisfied with local government than those living informally. However levels of satisfaction with local government differ across municipalities. For example, a greater percentage of those in informal dwellings in Mogale City are satisfied with local government than those in formal dwellings in Emfuleni.
Date of publication:
June 2018
Government services 2 – Best rated services per municipality
This vignette, the second part of a double vignette, assesses how Gauteng residents perceive and value the government services they receive. It identifies the services that respondents in GCRO's Quality of Life IV (2015/16) survey had the highest satisfaction with, for each municipality in Gauteng, and those with which they had the highest level of dissatisfaction. It also highlights which services mattered the most to respondents, irrespective of their access to or satisfaction with that particular service.
Date of publication:
April 2018
Government services 1 – Inadequate access to services
Household infrastructure services like water or sanitation, and public services such as parks or roads, lie at the interface between government and society. This vignette, the first part of a double vignette, considers the government delivery side of the equation. It examines lingering gaps in access to key services across Gauteng's municipalities, asking what proportion of respondents in GCRO's Quality of Life IV (2015/16) survey (i) used bucket toilets for sanitation, (ii) collected water more than 200m away, and (iii) had no stormwater drains.
Date of publication:
April 2018
The 1%
October 2017 marks the 100 year anniversary of Russia's October revolution, that overthrew the Tsarist elite. Today, 'the 1%' is colloquially used to refer to a group of elite earners whose income outstrips that of most of the population. According to GCRO’s QoL IV (2015/16) survey, households earning a monthly income of R76 801 and above constitute the top 1.35% of income earners in the GCR. Although they account for a tiny proportion of the population, the 1% take home nearly 1/3 of all monthly income. Their assets and outlooks suggest considerable privilege relative to the 99%.
Date of publication: | https://gcro.ac.za/outputs/vignettes/ |
Canadian Occupational Performance Measure (COPM)
Description: A standardized measure of self-perception of occupational performance .
Format: The COPM is an individualized measure that is administered via semi-structured interview. This measure is used to help respondents identify areas of difficulty in self-care, productivity, and leisure. Following identification of up to 5 problem areas, respondents rate each on a scale from 1 (least important) to 10 (most important). Respondents also rate their current level of performance and satisfaction with their performance in each of the 5 areas on a scale from 1 (with great difficulty or not satisfied) to 10 (with no difficulties or completely satisfied). On re-assessment, respondents review their goals and again rate their performance and satisfaction on the goals identified in the initial assessment.
Scoring: Mean scores are obtained for satisfaction and performance with scores ranging from 1 to 10. A change score is obtained by subtracting the post-treatment score from the initial score. The most meaningful scores derived from this assessment are the change scores between assessment and reassessment.
Administration and Burden: Interviewer-administered.
Psychometrics for SCI: Not available.
Languages: The COPM has been used in more than 35 countries and has been translated into over 20 languages.
QoL Concept: The COPM is a measure of Instrumental Activities of Daily Living, which corresponds to Boxes C (achievements) and D (individual expectations and priorities; impact on activities), and E (subjective evaluations and reactions) of Dijker’s Model.
Permissions/Where to Obtain: Copyrighted; The COPM can be purchased from the Canadian Association of Occupational Therapists website at: www.caot.ca.
**CLICK ON THE LISTED SECONDARY HEALTH CONDITIONS ON THE RIGHT TO READ HOW THE COPM HAS BEEN USED WITH A PARTICULAR CONDITION**
References:
- Law M, Baptiste S, Carswell-Opzoomer A, McColl MA, Polatajko H, Pollock N. Canadian Occupational Performance Measure. 1991. Toronto, ON: CAOT Publications ACE. | http://www.parqol.com/canadian-occupational-performance-measure-copm/ |
The great train travelling public have spoken, so here are a few snippets from the recent National Passenger Survey results.
- Over 30,000 rail travellers were surveyed, with satisfaction scores for individual routes ranging from an impressive 95% to a poor 72%.
- National Express East Anglia had the lowest overall satisfaction score of 77%, while the ever popular Grand Central had the highest rating at 95%.
- Passengers satisfied with the value of their train ticket dropped from 49% to 46%.
- The highest ratings after Grand Central were achieved by Heathrow Express (93%), Merseyrail (93%), London Overground (92%) and Heathrow Connect (92%).
- Those lying at the bottom of the list included First Capital Connect (80%), CrossCountry (82%), Southeastern (83%), Southern (83%), Northern Rail (83%) and First Great Western (83%).
- Only 38% said that the way train companies dealt with delays was either good or satisfactory.
I can't help thinking that if that last statistic can be improved then that would have a significant impact on the overall scores for each and every operator. Brands often underestimate the importance of the way they deal with regular customers' problems.
Time to up your game ladies and gentlemen. | https://blog.mhdpartnership.co.uk/2012/01/how-did-you-score.html |
Author makes recommendations for improving the accuracy and utility of scores
MONDAY, Jan. 18, 2016 (HealthDay News) — Patient satisfaction scores are influenced by the design and implementation of patient surveys, according to an article published in the January-February issue of Family Practice Management.
John W. Bachman, M.D., from the Mayo Clinic in Rochester, Minn. discusses some of the potential problems with patient satisfaction scores and suggested ways to improve their utility.
Bachman notes that patient satisfaction scores are often derived from surveys, and that how and when questions are asked can affect the result, including phone versus written surveys, the timing of the survey, and sampling methods. Sample size can also affect the accuracy of the score, with smaller sample size giving a few dissatisfied patients more influence. Variation in several factors can complicate comparison of physician scores, such as differences in patient mix; system factors that affect satisfaction that are outside of the physicians’ control; inherent issues with measuring results; and environmental issues, such as what kind of clinic the physician works in.
In order to mitigate potential problems, Bachman recommends aggregating data from all providers to get adequate samples; not presenting satisfaction scores without including statistical information; not rewarding or penalizing physicians solely based on scores; examining the lowest few patient satisfaction scores that fall outside a random distribution; and studying quality improvement and statistical variation.
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Copyright © 2016 HealthDay. All rights reserved. | http://www.ehealth-news.com/design-of-physician-satisfaction-surveys-affects-results/ |
Methods: Hospitalized patients older than 18 years and who provided consent were asked to complete a questionnaire. The questionnaire collected information on patient’s age, gender, and race and included the following two validated tools: Brief Inventory of Thriving (BIT) for psychological well-being and TAISCH for measuring satisfaction with physicians in hospitalized patients (TAISCH). Patient satisfaction was further assessed using an internally developed 5-question satisfaction tool. The scores on three tools were rescaled such that the change in satisfaction scores represented percentage change in in BIT score. The effect of psychological well-being on patient satisfaction was examined using mixed linear models to account for correlation in observations due to patients seen by the same physician. All analyses were performed in R 3.1.1 using ‘lme4’ package.
Results: Of the 357 patients, 199 (55%) were females and 47 (13.1%) were African Americans. Mean (SD) age of the patients was 54.5 (19) years. These patients were seen by 122 physicians (range = 1 to 13 patients per physician). In unadjusted analysis, we found a robust and positive association of patient satisfaction with BIT score. A high BIT score correlates with high psychological well-being. After adjusting for patient’s age, sex, and race, mean BIT score remained significantly associated with patient satisfaction on both questionnaires. Each one percent increase in BIT score was associated with 0.26% (95% CI = 0.17% to 0.35%; P < 0.001) increase in TAISCH score and 0.31% (95% CI = 0.19% to 0.42%; P <0.001) increase in internally developed 5-question satisfaction tool.
Conclusions: We found a statistically significant direct association between psychological well-being as measured by BIT score and patient satisfaction with physicians during hospitalization. Our findings suggest that methods to improve patients’ psychological well-being may also improve patient satisfaction with their physicians. | https://shmabstracts.org/abstract/relationship-between-psychological-well-being-and-patient-satisfaction-with-physicians-during-hospitalization/ |
Both MINI and Lexus repeated their top scores when it comes to sales satisfaction, according to the recently released J.D. Power and Associates 2012 U.S. Sales Satisfaction Index (SSI) StudySM. The study is based on how customers rate every aspect of their vehicle shopping experience including their satisfaction with the dealership and salesperson they purchased from, as well as the dealerships they visited but did not purchase from.
MINI reportedly ranked the highest among mass market brands for the third year in a row, with a score of 712, based on a 1,000 point scale. They were immediately followed by Buick and GMC with scores of 706 and 683, respectively.
Among luxury brands, Lexus dominated for the second year in a row with an index score of 737, followed by Infiniti (728) and Cadillac (725). The rankings are reportedly based on the experiences of both buyers and rejectors. | http://www.realcartips.com/news/0765-sales-satisfaction-winner.shtml |
Feds Are Happier At Work, But They’re Still Wary of Leadership
Employees are more engaged in their jobs, but faith in top management has decreased three percent since 2012, according to new viewpoint survey.
Federal employees reported slightly more faith overall in their agency’s leadership in 2015 compared to 2014, but trust in top officials is still shaky and the trend is worrisome, according to the latest data from the annual employee viewpoint survey.
“The leadership component of the employee engagement index has historically and consistently been low, and generally tended downward over the years, although it did improve by 1 percent this year,” said Beth Cobert, acting director of the Office of Personnel Management during a phone call with reporters on Tuesday to discuss the survey. Leadership scores – which measure employees’ views on leaders’ integrity and ability to communicate with and motivate the workforce – varied widely across the 82 federal agencies that responded to the 2015 Federal Employee Viewpoint Survey, which OPM released in full on Tuesday.
For example, in the “leaders lead” category of the employee engagement index, 75 percent of respondents from the Federal Trade Commission expressed faith and trust in their leaders – the highest of any agency included in the 2015 survey. The Homeland Security Department had the lowest score in this category (38 percent).
“This highlights the need for tailored solutions to respond to each agency’s unique challenges,” said Cobert. OPM has created an internal dashboard of survey data – Unlocktalent.gov -- for federal managers to help them drill down into the results from their agencies to improve where needed. This year, OPM is providing an “even broader audience the FEVS results” through the dashboard, Cobert said. Members of the public and the media can't access the more granular information related to many sub-agencies within larger parent departments, said Jonathan Foley, OPM’s director of planning and policy analysis. But they can access some of the same general information available in the overall FEVS survey on the website.
Since 2012, the score in the leadership category governmentwide has dropped 3 percentage points to 51 percent in 2015, up from 50 percent in 2014. There are five specific items that relate to employees’ perceptions of leaders, including trust. Fifty percent of respondents in 2015 said they believed that their agency’s “senior leaders maintain high standards of honesty and integrity.” That’s the same result as 2014, but five percentage points less than in 2012.
The definition of “leaders” in FEVS is somewhat murky: a leader is considered someone who is above an employee’s immediate supervisor, but employees can interpret the category to include senior executives, political appointees, and the agency’s top official.
Federal employees are slightly more satisfied and engaged in their jobs now than they were last year, according to the survey, which gauges the workforce’s attitudes on morale, management and compensation. Sixty-four percent of respondents to the 2015 FEVS said they were “engaged” with their jobs, up from 63 percent across government in 2014. The employee engagement section of FEVS assesses respondents’ opinions of their supervisors, agency leadership and the intrinsic work experience.
While the change is “small, it is statistically significant,” said Cobert, adding that OPM is seeing a number of improvements across the government, including better communication between management and employees.
Employees also are more satisfied with their jobs and pay in 2015: The FEVS global satisfaction score, which measures workers’ happiness with pay, their individual jobs and the overall organization, rose to 60 percent from 59 percent in 2014.
The survey showed a 1 percentage point increase from 2014 to 2015 – 56 percent to 57 percent – among respondents who said their workplace was inclusive. OPM’s so-called “New Inclusion Quotient” measures employees’ perceptions on issues including fairness, empowerment and a commitment to diversity in the workplace.
Several agencies reported higher engagement and satisfaction scores among employees. For instance, the Office of Management and Budget saw a 9 percent increase in global satisfaction between 2014 and 2015 to an overall score of 75 percent. The Housing and Urban Development Department, along with the Office of Management and Budget and the Court Services and Offender Supervision Agency, raised their employee engagement scores 5 percent between 2014 and 2015 – the largest jump among participating agencies. The Homeland Security Department, however, lost some ground in that area, with 47 percent reporting overall satisfaction with their jobs and pay, down 1 percent between this year and last year.
Drilling down into the global satisfaction scores, 70 percent of NASA employees said they were satisfied with their pay – the highest percentage governmentwide among respondents at large agencies. The Federal Trade Commission was at the other end of the spectrum, with 47 percent of respondents saying they were happy with their compensation.
The survey, which OPM administered this past spring, is grouped into eight topic areas: personal work experiences; work unit; agency; supervisor; leadership; satisfaction; work/life programs; and demographics. More than 400,000 employees responded to the 2015 survey – a 50 percent response rate. | https://www.govexec.com/management/2015/10/feds-are-happier-work-theyre-still-wary-leadership/122585/ |
At one point or another, you've probably heard of particle accelerators. These are machines, large and small, that essentially accelerate particles up to incredible speeds so that they can be slammed together.
The resulting clash is examined in detail, and can often help us to better understand physics and how they work. The collision sometimes creates newly-discovered particles that are observed, some of which only last for milliseconds before disappearing.
The world's largest particle accelerator is the large hadron collider (LHC), which exists underground in the middle of the border between France and Switzerland and has a 17-mile circumference.
Smaller particle accelerators exist all around the world and are used for different purposes. There are an estimated 30,000 particle accelerators all around the world; not all of them are round, nor are all of them used for science. | https://www.labroots.com/trending/videos/10549/why-do-we-have-particle-accelerators |
Home Quantum Physics What is God Particle aka the Higgs Boson?
The Oh My God Particle!
The Higgs Boson God particle has been widely talked about in the recent past. You might have heard people talking about how its discovery has simplified explanations for why electrons have mass. You might have even heard about how it has aided in proving that the Standard Model is not incorrect. The discovery of the particle received tremendous press, and, was celebrated quite remarkably. So, what is all the fuss about? What really is the Higgs Boson? How does it help explain certain phenomena? Why is it called God particle? If you are looking for answers to any of these questions, or, are simply intrigued and want to know more about the Higgs Boson, then, look no further, you’re at the right place.
The Higgs boson is considered to be the particle excitation of the Higgs field and is named after the physicist, Peter Higgs. Peter Higgs and five other scientists are credited with coming up with the mechanism that provided evidence to the existence of such a particle.
What is all the fuss about then?
The reason there has been so much buzz surrounding the Higgs boson recently is because its existence was only experimentally proven as recently as 2012. The reason it took so long for scientists to confirm its existence is the fact that the technology needed for confirming the existence of the Higgs boson, had not existed for a very long time.
The discovery of this particle was made possible by the Large Hadron Collider (LHC). The Large Hadron Collider is a particle collider and is gigantic in nature. It is the largest machine in the world. It is present in a humongous tunnel near Geneva in Switzerland. Without the LHC, it would have been an extremely daunting, and some can even say, an improbable, task to prove the existence of the Higgs boson.
The Large Hadron Collider is a particle accelerator that is used to accelerate charged atomic and subatomic particles to large enough speeds to observe their behavior. The Large Hadron Collider is currently the largest among such colliders. The tunnel in which it lies is massive and is 27km in circumference. It was built by the European Organization for Nuclear Research (CERN) and is used for studying the observations made by the collision of particle beams, generally, proton beams.
Particle accelerators such as the LHC are considered to be fundamental in answering some of the questions that remain in the field of particle physics. These accelerators generally use an electromagnetic field to carry out the acceleration. You may ask, why is there a need for an electromagnetic field? To understand this, you will need to know how particle accelerators work. Particle accelerators need to have a source. A source is what generates particles such as protons and electrons. The electric fields are used in the process of accelerating these particles while the magnetic fields are responsible for controlling the paths of these particles.
To generate electrons for these particle accelerators, ‘electron guns’ are generally used. The electron gun consists of a cathode, which, is heated to high temperatures causing electrons to be produced from its surface. The electron gun consists of electrical and magnetic deflectors and the electron beam is obtained from a narrow hole at the end of the gun. This electron gun can also be viewed as an accelerator since it also consists of an electric field that accelerates the electrons, and magnetic deflectors that help in controlling the path. These electrons move towards the anode present in the gun and while passing through the electric field pick up speed and come out of the gun as a narrow beam.
To generate protons for the accelerators, hydrogen gas is used since only the nuclei of hydrogen atoms consist of single protons. The gas is ionized, and the protons and electrons are separated through electric fields and the beam of protons is obtained through a hole.
The beams produced are then collided and the particles that result from the collision are observed by detecting electrical signals. The detectors used in particle accelerators are built so that the electrical signals can be converted to digital data and analyzed. Higgs boson was detected in 2012 during such collisions.
Now that we know how Higgs boson was detected, let’s delve into what it really is.
The Higgs boson is a particle that is generated by the quantum excitation of the Higgs field. You may ask, what is the Higgs field? Well, the Higgs field is a field that exists evenly distributed throughout the universe. Some particles are said to interact with this field and obtain mass while some particles are said to not interact with it. The Higgs field is quite dissimilar to other fields, since, it is scalar. A scalar field is one where every point in the field can be associated with a scalar value.
So, what does that mean? It means that the Higgs field is directionless, it has a spin value of 0. Unlike other fields such as electromagnetic fields, the Higgs field has no preferred direction.
The strong interaction is observable at two ranges: on a larger scale (about 1 to 3 fm), it is the force that binds protons and neutrons (nucleons) together to form the nucleus of an atom. On the smaller scale (less than about 0.8 fm, the radius of a nucleon), it is the force (carried by gluons) that holds quarks together to form protons, neutrons, and other hadron particles.
What is all this stuff about the Standard Model then?
All things in this world are constituted by atoms. Atoms, in turn, are made up of protons, neutrons and electrons. These particles are made up of even smaller subatomic particles. The Standard Model was able to explain the interactions between these subatomic particles and hence provided the basis for the explanations of electricity, magnetism and radioactivity. However, the Standard Model, before the discovery of the Higgs boson, was unable to provide evidence for how these particles gained mass.
This is where the Higgs field comes into play. Like I mentioned earlier, some particles interact with this field, while some do not. The ones that do not interact with this field, like the photons, do not gain mass and can hence travel at the speed of light. The ones that do interact with this field, like the electrons, gain mass through the interactions. Think of it this way, if the Higgs field did not exist, there would be no interactions with the field and therefore, all subatomic particles would have no mass.
Why is it called the God particle?
Perhaps, the term ‘God particle’ is justified. The Higgs boson helped fill a large hole in the Standard Model and is considered to have provided evidence that proves a large number of phenomena. In some sense, this particle is truly Godly!
But, the term ‘God particle’ arises from the title of Leon Lederman’s book, ‘The God Particle’, in which, the Higgs boson is the primary subject of discussion. Leon Lederman is credited with providing this particular title to the particle. But, the story is actually even more fascinating. Lederman wanted to title his book as ‘The Goddamn Particle’ because of how difficult it is to find the particle and actually prove its existence. His publishers, however, would not allow for such an audacious title and the book was then titled ‘The God Particle’.
Is this particle dangerous? Can it prove to be detrimental?
Stephen Hawking has cautioned the world about the potential dangers that the Higgs boson might harbor. Some researchers believe that this particle could lead to the destruction of the universe. However, this destruction will not take place anytime soon. These researchers estimate that this catastrophe is at least billions of years away. The mass of the Higgs field will be to blame if this occurs. Since the Higgs field is present everywhere, even a small change in its mass would cause major instability in the universe, causing the universe to collapse.
In conclusion, the Higgs boson is the result of the excitation of the Higgs field. The Higgs field is a scalar field that provides mass to the subatomic particles that interact with it. Without the Higgs field, all subatomic particles would have no mass. This entire mechanism was suggested by Peter Higgs and five other scientists in 1964. The Higgs boson, however, was not discovered until 2012, when it was first discovered by the Large Hadron Collider, which, is a particle accelerator. The name ‘God particle’ was the result of Lederman’s similarly titled book about the Higgs boson.
Although the ‘God particle’ certainly seems to be a misnomer, the name given to the Higgs boson might have done the world a whole lot of good. The title given to the particle has ensured that more and more people look for the Higgs boson on the internet and try to understand what it means and how much effort has been put in, to find it. The name, ‘God particle’ could even be the reason why you are currently reading this. Any scientist would give you the death stare for calling the Higgs boson, the ‘God particle’, but, maybe the name is not so bad after all. Perhaps, the magnitude of the reception of the news of the discovery of Higgs boson should be entirely credited to this misnomer! | https://sciencehook.com/physics/what-is-god-particle-aka-the-higgs-boson-136 |
WASHINGTON D.C., June 30, 2014 – When beams with trillions of particles go zipping around at near light speed, there’s bound to be some chaos. Limiting that chaos in particle colliders is crucial for the groundbreaking results such experiments are designed to deliver.
In a special focus issue of the journal Chaos, from AIP Publishing, a physicist at the European Organization for Nuclear Research (CERN) details an important method of detecting and correcting unwanted chaotic behavior in particle colliders. The method is helping accelerator physicists design high-performing, cost-efficient accelerators in an era of constrained science budgets.
The aim of the focus issue is to review, comprehensively, the theory and implementation of existing methods of chaos detection and predictability -- as well as to report recent applications of these techniques to different scientific fields. The Focus Issue: Chaos Detection Methods and Predictability is collection of 12 papers representing the wide range of applications, spanning mathematics, physics, astronomy, particle accelerator physics, meteorology and medical research.
Chaos has long bedeviled physicists trying to describe the precise motions of interacting objects. The French mathematician Henri Poincaré discovered the essence of the phenomenon in the late 1800s when he attempted (unsuccessfully) to predict precisely the motions of the solar system’s planets. The same chaotic behavior appears in the crowds of particles traveling inside accelerators like CERN’s Large Hadron Collider.
In these machines, powerful electric and magnetic fields accelerate and guide beams containing trillions of particles. Ideally all particles would travel in orderly orbits around the rings into which they are injected. But in reality, some of the particles spread out around the ring’s center, where they can become chaotic due to their mutual interactions and to defects in the magnetic fields that guide them. Particles that get kicked out of stable orbit can then crash into the collider’s ultra-cold superconducting magnets. If this happens too often, the magnets heat up and the particle beams have to stop, which compromises experiments and creates costly delays.
From previous work in astronomy, Yannis Papaphilippou, a physicist at CERN, knew of a method called “frequency map analysis” that relates the frequencies at which objects oscillate to their chaotic behavior. Over the course of more than a decade, Papaphilippou and his colleagues applied the method to visualize those same frequencies in simulations of particle beams in accelerators. Using such simulations, physicists can design colliders to avoid chaotic beam interactions and keep particles on track.
The method has already born fruit. By modeling the extent to which tiny defects in the LHC’s superconducting magnets cause protons traveling in the collider’s rings to behave chaotically, Papaphilippou and his colleagues helped magnet builders design and produce these magnets within strict tolerance limits. The researchers also showed that only half as many correcting magnets were needed as was originally thought.
These findings substantially reduced the collider’s cost and, along with many other efforts, helped streamline the search for the Higgs boson, Papaphilippou said. “All the big discoveries that we’ve had in the LHC…would have been hampered if there was not a very detailed design and evaluation of the nonlinear effects and their correction.”
Frequency map analysis has also helped scientists optimize the Spallation Neutron Source in Oak Ridge, Tenn. As a result of this optimization, the machine set a world record last year for power delivery.
As physicists design new accelerators, Papaphilippou predicts they will use frequency map analysis to achieve high performance at reasonable cost. The Particle Physics Project Prioritization Panel (P5), which advises the U.S. government, identified collider cost as a major concern in a recent report on the future of particle physics.
“Studying these [chaotic] effects from scratch can be a very-cost effective way to build and design these accelerators,” Papaphilippou said.
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Chaos
Chaos is devoted to increasing the understanding of nonlinear phenomena in all disciplines and describing their manifestations in a manner comprehensible to researchers from a broad spectrum of disciplines. | https://www.aip.org/publishing/journal-highlights/reigning-chaos-particle-colliders-yields-big-results |
As physicists developed plans for building an Electron-Ion Collider (EIC) — a next-generation nuclear physics facility to be built at the U.S. Department of Energy’s Brookhaven National Laboratory for nuclear physics research — they explored various options for accelerating the beams of electrons. One approach, developed by scientists at Stony Brook University and Brookhaven National Laboratory, was to use an energy-recovery linear accelerator (ERL).
The ERL would bring the electrons up to the energy needed to probe the inner structure of protons and atomic nuclei, and then decelerate the electrons and reuse most of their energy. The R&D to develop the innovative ERL may end up having a major impact in a different area of physics — high-energy particle physics, where the power needs make its energy-saving features particularly attractive.
In a paper just published in the journal Physics Letters B, the authors describe how their innovations could tame the power requirements of an electron-positron (e-e+) collider — a next-generation high-energy particle physics research facility under discussion for possible future construction in Europe.
The ERL would be made of superconducting radiofrequency (SRF) cavities, and act as “a perpetuum-mobile of some kind invented in 1960s by Maury Tigner at Cornell University,” explained Vladimir Litvinenko, a professor of physics at Stony Brook with a joint appointment at Brookhaven Lab. “The main advantage of SRF cavities is that they consume very little energy while operating. They are perfectly suited to accelerate new particles by taking energy back from used particles,” he explained.
The particle physics community is in the early stages of planning for a possible future electron-positron collider, including discussing various designs and locations. In each of these setups, the facility would bring beams of negatively charged electrons (e-) into collisions with their positively charged antimatter counterparts, known as positrons (e+), to conduct precision studies of the properties of the Higgs boson. That’s the particle discovered at the Large Hadron Collider (LHC) in Europe in 2012 that is responsible for imparting mass to most fundamental particles in the Standard Model of particle physics.
“Learning more about the Higgs particle’s properties and interactions with other particles would help scientists unravel the mechanism behind this important foundation of how our universe works, and possibly uncover discrepancies that point to the existence of new particles or ‘new physics,’” said Brookhaven physicist Maria Chamizo-Llatas, a co-author on the paper.
One of the possible designs is a “storage ring” 100-kilometers in circumference based at Europe’s CERN laboratory (home to the 27-kilometer circular LHC). Beams of electrons and positrons would circulate through the storage ring continuously and collide repeatedly to produce the desired data. An alternate design would consist of two large linear accelerators that produce straight-line, head-on smashups.
Power requirements for both of these setups are approaching hundreds of megawatts, Roser said — enough energy to power hundreds of thousands of homes.
In a storage ring, Roser noted, lots of energy gets lost as “synchrotron” radiation, a type of energy emitted by charged particles as they change direction moving around the circle (picture the way water sprays off a wet towel if you swirl it around above your head). “The higher the energy, the greater the synchrotron energy loss,” Roser said — and the greater the need to make up that loss by adding more energy to keep particles colliding. | https://news.stonybrook.edu/research/stony-brook-bnl-scientists-collaborate-on-electron-ion-collider-innovations/ |
Physicists in the US claim to have doubled the 42 GeV electron-beam energy of the three-kilometre-long Stanford Linear Accelerator Centre (SLAC) by simply adding a metre-long device on the end. The device, which uses a plasma wakefield to accelerate a small fraction of the electron beam, could allow conventional particle accelerators to reach higher energies (Nature 445 741).
By the time CERN's Large Electron-Positron (LEP) collider was dismantled to make way for the forthcoming Large Hadron Collider (LHC) in 2000, it had pushed the record for accelerated electron energies over 100 GeV. But such energies are not easy to come by, and the LHC will come with a final price tag of about $8 billion.
Now, Mark Hogan and his team from the SLAC and two Californian universities have shown that devices based on "plasma wakefields" – a much smaller and potentially cheaper technology – can supplement existing, conventional accelerators by "turbocharging" the particles as they leave. They have developed a device just 85 cm long that took the 42 GeV electron beam at SLAC up to 85 GeV. | https://www.wistech.org/2007/02/plasma_wakefiel.html |
A lot of weird science is happening along the French Swiss border near Geneva these days at the Large Hadron Collider, run by the European Organization for Nuclear Research (CERN). In the eyes of the popular press, the LHC and CERN are many things. In the fictional novel Angels and Demons by Dan Brown, a religious super-sleuth discovers CERN scientists producing antimatter in a plot to destroy the Vatican. Meanwhile, the interwebs are all abuzz about the LHC’s capacity to produce Earth-devouring black holes. Meanwhile we hear talk of dark matter, “supersymmetry” and “the god particle,” as thousands of scientists toil endlessly deep underground, cranking up the power on what has become the largest, most expensive physics experiment in human history.
Will the LHC destroy the Earth? The Universe? Or just Europe? Will the LHC create new particles? What about dark matter? Does antimatter exist?
Many of these wild rumors are false. But then again, some of the craziest rumors are completely true.
The LHC will not create black holes. Probably. A few speculative theories insist such black holes are possible (in the sense that it’s possible all the water in your cup could jump to the left side of the glass), but fortunately these black holes are so tiny, they’d “evaporate” out of existence almost instantly. It’s worth noting that cosmic rays from outer space bombard our planet at LHC-like energies all the time, and so far we’ve had no world-ending black holes to show for it.
The ‘God Particle’
It’s been centuries since Isaac Newton first introduced us to an intelligent discussion about gravity, mass and forces. Therefore it seems ironic that the most high tech experiments in existence today are still attempting to answer very basic questions about these concepts.
The “Standard Model” of particle physics is one of the most successful modern theories of physics. Every particle predicted by the theory has been observed, from mundane electrons and photons (light), to the top quark, discovered well after you and I were born. These particles perform all sorts of tasks, from making electricity and magnetism work to holding together protons in atomic nuclei. But there are a couple (embarrassingly ubiquitous) phenomena this standard model can’t explain. One of these questions: What gives matter mass?
The Higgs Boson was postulated, along with a Higgs Field, to account for the mass of particles. One of the Large Hadron Collider’s chief tasks is to discover this elusive particle. This massive particle is remarkable for many reasons, but certainly not “divine.” So why all this “god particle” talk? Nobel Laureaute Leon Lederman gave the Higgs this exceedingly illustrious nickname. Much to the disappointment of many top scientists, the term has stuck in the popular press.
Want to make your own Higgs Boson? Just take two batches of protons (readily available in any atomic nucleus) and slam them into each other. Out pops an array of exotic particles, eventually including the elusive Higgs boson.
Now for a caveat: Higgs bosons are predicted to be quite massive compared to other elementary particles. This is where Einstein’s famous E = mc2 equation comes into play. To create Higgs Bosons, the collisions need to pack an extreme punch. Normal protons chilling in an atomic nucleus don’t provide that punch.
So to make this transformation happen, you need to give the protons more energy, by giving the protons speed — speed approaching the ultimate upper-limit of fast: the speed of light (c).
To do this, physicists build particle accelerators: tubes filled with magnets, to guide and accelerate charged protons, electrons and other small particles.
As the search broadened to find more elusive particles, predicted by ever-more complicated theories, devices got bigger and bigger, like the half-mile ring here at Cornell, dug into the bedrock beneath Alumni Fields. The 4-mile diameter Tevatron near Chicago held the record for highest-energy collisions prior to the LHC.
Cornell Scientists and the LHC
While CERN is a decidedly European affair, many Cornell physicists provide strong contributions to the collaboration. With seven faculty and dozens of students and postdocs working for the LHC, Cornell is one of the largest American contributors to the experiment. The LHC features four main detectors, each worked on by separate research teams. The two largest detector groups are Atlas and the Compact Muon Solenoid (CMS). The two enormous detection devices are very similar and the two groups compete against each other, to ensure quality and help verify detections. With two separate research groups spotting the same data with different equipment, CERN scientists can be sure they have actually spotted a Higgs Boson and not just a glitch in the hardware.
Professor Julia Thom, physics, contributes analysis software to CMS, crucial to developing accurate data analysis methods for the detection of new particles.
“We’ve been studying, using simulations, what may happen, to get our software ready to jump on the first data and analyze it,” she explained.
Inside the detectors, where collisions of protons occur, quantum mechanics dictates the vast assortment of particle reactions that may occur. This system is inherently probabilistic, and many reactions flood the detection devices with data. Thom’s simulations reproduce these myriad reactions, and help determine what they expect the detection software to see with the device running. The “fake” data produce by these simulations can be fed into real analysis pipelines, to see if the detection software is powerful enough to spot the elusive new particles.
When asked how soon the LHC can be expected to spot new physics, Thom noted it all depends on the physics of these undiscovered particles.
“It is possible that the clues are extremely subtle, and physicists may take a long time to prove anything conclusively,” she said. “It is also possible that new particles have certain characteristics that allow fast detection.” These particles may only present themselves two years from now, when the LHC cranks up from half-power to full-power.
“It’s possible that, given we can go to these high energies, you can see some really glaring, obvious differences [from the standard model],” Thom said. However, she noted that, even at half-power, where the LHC’s power is comparable to the Tevatron, new discoveries are possible. “Things at the LHC are sufficiently different, so you can see interesting new things.”
Dark Matter and Supersymmetry
The Higgs Boson is not the only new particle the LHC wishes to find to help explain fundamental problems.
When astronomers began looking at how stars orbit around the centers of galaxies, they noticed something odd. The speeds at which these stars orbit seemed to suggest there was much more mass in the galaxy than they could see with any telescopes. In essence: A lot of heavy stuff seems to be hiding in the dark corners of every galaxy. They called this missing matter “dark matter.”
But, researchers tell us, this matter isn’t simply everyday matter, lurking in the shadowy places of the universe. Dark matter escapes the view of telescopes because it fails to interact with light or any electromagnetic forces: It is truly invisible. In fact, dark matter could be flowing straight through you right now, and you’d have no natural ability to detect its presence.
Many theorists believe that for every normal particle in existence, a twin-particle exists. They call these particles “supersymmetric,” and these new particles could explain the mysterious dark matter.
Sound farfetched? At least take comfort knowing this approach to new particles is not historically unprecedented. When theorists first attempted to combine special relativity and quantum mechanics, the equations kept on producing negative-energy solutions. This led to the prediction of antimatter: electrons and protons had oppositely charged twins, called positrons (anti-electrons) and antiprotons. These bizarre particles have not only been observed, today we use them in medical applications like PET scans (positron-emission tomography).
So it seems while the LHC will probably fail as a black-hole production facility, or the source of world-domination weaponry, the Large Hadron Collider is set to explore uncharted waters of modern physics. And despite being being such a technical endeavor the LHC has definitely managed to capture public attention, if not always in scientifically-accurate ways. | https://cornellsun.com/2010/03/03/large-hadron-collider-the-search-for-the-god-particle/ |
There are two main types of particle accelerator: Linear accelerators (LINAC) are a type of particle accelerator that sends charged subatomic particles at high speed to its intended target along a linear beamline.
Linear accelerators have many applications but they are most commonly used within medical facilities. They are used for external beam radiation treatments for cancer patients, delivering high-energy x-rays or electrons to the location of a diagnosed tumor. There are also a number of existing and proposed scientific linear accelerators such as, SNS at Oak Ridge National Laboratory, ISIS at The Rutherford Appleton Laboratory and ESS in Lund which is under construction, where the accelerated particles are used to generate neutrons for microscopy.
Circular accelerators can be used for medical applications including cancer treatment and the manufacture of radioisotopes for both treatment and diagnosis purposes. They are used for collider applications in high energy physics research facilities include the Large Hadron Collider (LHC) at CERN and the Relativistic Heavy Ion Collider (RHIC) at Brookhaven Nation Lab. | https://tmdus.com/category/all-posts/blogs/ |
The search for information can lead to astounding discoveries, change social, political, psychological, and ethical policies, and bring the world to its knees. The search for knowledge is, and has been, a part of the human race for as long as we know. In this research topic, we look at one emerging technology that has the power to find how the universe was made, and the power to destroy it. The emerging technology of the Large Hadron Collider (LHC) looks to give us a glimpse of how small atoms can create such huge impacts on us in today's modern society.
Brief History
Have you ever wondered how the universe was created and with what? Well, a group of scientists in Switzerland are trying to answer that very question with the help of a new emerging technology. They hope to answer that question and many others with the use of a machine called the Large Hadron Collider (LHC).
The LHC is a gigantic scientific instrument located outside Geneva, Switzerland, hugging the edges of both France and Switzerland. ). It was built by Geneva's CERN Laboratories (European Organization for Nuclear Research, LHC) and was officially activated in 1998. It took an astonishing 14 years to build, costing over 18 billion dollars. The cost was shared by 20 member countries, to include the United States. The LHC resides in a massive dual circular tunnel measuring 27km in Circumference or 16.7770 mi, buried underground ranging from 50m to 175m. It is estimated to weigh 41887.829 tons, equating to about ½ the weight of a military aircraft carrier.
Pure Science
How does it work?
The Large Hadron Collider essentially is a giant particle collider pushing particles to the brink of the speed of light. I'll attempt to explain its extremely complex process into an easy to understand simple process. It starts with a small Hydrogen tank feeding hydrogen atoms into the particle accelerator. These atoms are stripped of electrons and only protons remain moving at 1/3 the speed of light. These protons are then fed thru a series of coils to increase their speed with the use of electronic pulses and magnets until they reach 91.6% the speed of light. It then moves to a Proton Synchrotron (a circular tube) which then, by use of electronic pulses, it reaches a constant speed, at 99.9% speed of light, and energy measuring 25 gigaelectron volts (GeV). The proton is then sent to a 7KM Super Proton Synchrotron where the energy is increased to 450 GeV.
Lastly the protons are launched into the orbit inside the LHC's rings (Fig. 1.1) measuring 27km. They are split equally and synchronized into two separated rings and their energy is gradually raised to 7 teraelectron volts (TeV). One ring has protons moving clockwise while the other has them moving counter-clockwise at orbits near the speed of light (180000 mi/second). The protons moving in opposite directions cross over in four detector cavern points, smashing into each other, creating millions of collisions. The energy produced, reaches 14 TeV and to similar states of moments after the big bang. This is where CERN scientists are focusing their attention. They analyze data of these collisional tracks with detectors monitored by computers located at the collision point. The computed data helps aide scientists in finding the answers to some of the simplest of questions that will be discussed in the following section.
Why was it built?
The LHC was built to help scientists answer several unsolved questions in particle physics. Physicists within the last half century have put together a picture of what types of particles make up the universe and how they interact with each other. While they have most of the picture, they are still missing pieces of the picture. To gain these pieces, particle physics experiments are being conducted with the LHC. The CERN scientists are looking to obtain the scientific Data they need from six main experiments through the use of detectors. These particle physics experiments (Fig. 1.1) are called, ATLAS, CMS, TOTEM, LHCf, LHCb, and ALICE. I will briefly discuss each experiment.
Figure 1.1
ATLAS and CMS (AToroidal LHC ApparatuS and Compact Muon Solenoid respectively)
In the ATLAS and CMS experiments (Fig. 1.1), CERN scientists are looking to answer questions left open from work stemming from famous scientist Sir Isaac Newton. Many know him to be the founder of gravity and celestial mechanics. They are trying to determine the answer to several simple but complex questions regarding mass. Where does it come from? Why do particles weigh what they weigh? What particles constitute mass? Why don't some particles have mass? At this point, experimental data is being conducted and formulated, but many theorists believe that an explanation can be found in what an undiscovered and unobserved particle they call the Higgs boson. ATLAS and CMS experiments are "searching for signs of this elusive particle."
Also, in the ATLAS and CMS experiments, CERN scientists are looking for "supersymmetric particles" to determine if this is what makes up the dark matter in the universe. Dark Matter is theorized by scientists to make up 96% of the universe, while planets, stars, and other matter are only estimated to make up the other 4%.
Lastly, scientists are using ATLAS and CMS experiments to determine if there are extra dimensions of the universe. CERN scientists are looking at levels 10 billion times smaller than an atom, hoping to learn if there are indeed extra dimensions to universe. If so, what are they? What type of shapes or sizes do they have? If they are hidden, or how they are hidden? What if any, are the new particles of extra dimensions? And are there microscopic black holes?
TOTEM (TOTal Elastic and diffractive cross section Measurement)
The TOTEM experiment studies protons to a level that can't be accessed by general purpose equipment and experiments. During the experiment, 8 vacuum sealed silicon detectors are placed in pairs at 4 locations neighboring the collision point of the CMS experiment. According to the CERN website, these detectors are designed to measure a proton's effective size through its cross-sections. Also, it will precisely monitor the LHC's luminosity, since the collisions are not viewable by the human eye. The TOTEM experiment essentially supplements results gained by the CMS.
LHCf (Large Hadron Collider forward)
The LHCf experiment is set up to help CERN scientists solve gaps in their knowledge of cosmic rays. Scientists
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The Large Hadron Collider (LHC) is getting a big boost to its performance. Unfortunately, for fans of ground-breaking physics, the whole thing has to be shut down for two years while the work is done. But once it’s back up and running, its enhanced capabilities will make it even more powerful.
The essence of the Large Hadron Collider is to accelerate particles and then direct them to collide with each other in chambers. Cameras and detectors are trained on these collisions, and the results are monitored in minute detail. It’s all about discovering new particles and new reactions between particles, and watching how particles decay.
This shutdown is called Long Shutdown 2 (LS2.) The first shutdown was LS1, and it took place between 2013 and 2015. During LS1 the power of the collider was improved, and so were its detection capabilities. The same will happen during LS2, when engineers will reinforce and upgrade the whole accelerator complex and the detectors. The work is in preparation for the next LHC run, which will start in 2021. It’s also to prepare for the a project called the High-Luminosity LHC (HL-LHC) project, which starts in 2025.
The run of experiments done between LS1 and LS2 is called the second run and it went from 2015 to 2018. That run produced some impressive results, and a ton of data still to be worked through. According to CERN, the second run produced 16 million billion proton-proton collisions at an energy of 13 TeV (tera-electron volts) and large datasets for lead-lead collisions at an energy of 5.02 TeV. This means that there is the equivalent of 1,000 years of 24/7 video streaming stored in CERN’s data archive.
“The second run of the LHC has been impressive…” – Frédérick Bordry, CERN Director for Accelerators and Technology.
The enormous cache of data from the experiments during LHC’s second run dwarfs the data from the first run, and it’s all because the energy level of the collider was almost doubled to 13 TeV. It gets harder and harder to raise the energy level of a collider, and this second shutdown will see the energy raised from 13 TeV to 14 TeV.
“The second run of the LHC has been impressive, as we could deliver well beyond our objectives and expectations, producing five times more data than during the first run, at the unprecedented energy of 13 TeV,” said Frédérick Bordry, CERN Director for Accelerators and Technology. “With this second long shutdown starting now, we will prepare the machine for even more collisions at the design energy of 14 TeV.”
By every measure, the LHC has been a success. For several decades, the existence of the Higgs boson and the Higgs field was the central question in physics. But the technology and engineering required to build a collider powerful enough to find it was simply not available. The construction of the LHC made the discovery of the Higgs boson possible in 2012.
“The Higgs boson is a special particle…” – Fabiola Gianotti, CERN Director-General.
“In addition to many other beautiful results, over the past few years the LHC experiments have made tremendous progress in the understanding of the properties of the Higgs boson,” adds Fabiola Gianotti, CERN Director-General. “The Higgs boson is a special particle, very different from the other elementary particles observed so far; its properties may give us useful indications about physics beyond the Standard Model.”
The discovery of the long-theorized Higgs boson is the LHC’s crowning achievement, but not its only one. Many parts of the Standard Model of Physics were difficult to test before the LHC was built. Hundreds of scientific papers have been published on the results from the LHC, and some new particles have been discovered, including the exotic pentaquarks and a new particle with two heavy quarks, named “Xicc++”.
After the upgrades in LS2, the third run will begin. One of the projects in the third run is the High-Luminosity LHC (HL-LHC) project. Luminosity is one of the two primary considerations in colliders. The first is voltage, which is being improved from 13 TeV to 14 TeV during LS2. The other is luminosity.
Luminosity means an increased number of collisions, and hence, more data. Since many of the things physicists want to observe are very rare, a higher number of collisions increases the odds of seeing them. During 2017, the LHC produced about three million Higgs bosons per year, whereas the High-Luminosity LHC will produce at least 15 million Higgs bosons per year. This is important because though it was a huge achievement to detect the Higgs boson, there’s still a lot physicists don’t know about the elusive particle. By quintupling the number of Higgs boson’s produced, physicists will learn a lot.
“The rich harvest of the second run enables the researchers to look for very rare processes.” – Eckhard Elsen, Director for Research and Computing at CERN.
All the data stored at CERN from the LHC’s second run will mean physicists will be kept busy during LS2. There may be things hidden in that massive collection of data that nobody has seen yet. There’ll be no rest for humanity’s eager army of particle physicists. | https://www.universetoday.com/140769/the-large-hadron-collider-has-been-shut-down-and-will-stay-down-for-two-years-while-they-perform-major-upgrades/amp/ |
# International Linear Collider
The International Linear Collider (ILC) is a proposed linear particle accelerator. It is planned to have a collision energy of 500 GeV initially, with the possibility for a later upgrade to 1000 GeV (1 TeV). Although early proposed locations for the ILC were Japan, Europe (CERN) and the USA (Fermilab), the Kitakami highland in the Iwate prefecture of northern Japan has been the focus of ILC design efforts since 2013. The Japanese government is willing to contribute half of the costs, according to the coordinator of study for detectors at the ILC.
The ILC would collide electrons with positrons. It will be between 30 km and 50 km (19–31 mi) long, more than 10 times as long as the 50 GeV Stanford Linear Accelerator, the longest existing linear particle accelerator. The proposal is based on previous similar proposals from Europe, the U.S., and Japan.
In a staged approach, the ILC could initially be constructed at 250 GeV, for use as a Higgs factory. Such a design would be approximately 20 km in length.
Studies for an alternative project, the Compact Linear Collider (CLIC) are also underway, which would operate at higher energies (up to 3 TeV) in a machine of length similar to the ILC. These two projects, CLIC and the ILC, have been unified under the Linear Collider Collaboration.
## Background: linacs and synchrotrons
There are two basic shapes of accelerators. Linear accelerators ("linacs") accelerate elementary particles along a straight path. Circular accelerators ("synchrotrons"), such as the Tevatron, the LEP, and the Large Hadron Collider (LHC), use circular paths. Circular geometry has significant advantages at energies up to and including tens of GeV: With a circular design, particles can be effectively accelerated over longer distances. Also, only a fraction of the particles brought onto a collision course actually collide. In a linear accelerator, the remaining particles are lost; in a ring accelerator, they keep circulating and are available for future collisions. The disadvantage of circular accelerators is that charged particles moving along bent paths will necessarily emit electromagnetic radiation known as synchrotron radiation. Energy loss through synchrotron radiation is inversely proportional to the fourth power of the mass of the particles in question. That is why it makes sense to build circular accelerators for heavy particles—hadron colliders such as the LHC for protons or, alternatively, for lead nuclei. An electron–positron collider of the same size would never be able to achieve the same collision energies. In fact, energies at the LEP which used to occupy the tunnel now given over to the LHC, were limited to 209 GeV by energy loss via synchrotron radiation.
Even though the nominal collision energy at the LHC will be higher than the ILC collision energy (14,000 GeV for the LHC vs. ~500 GeV for the ILC), measurements could be made more accurately at the ILC. Collisions between electrons and positrons are much simpler to analyze than collisions in which the energy is distributed among the constituent quarks, antiquarks and gluons of baryonic particles. As such, one of the roles of the ILC would be making precision measurements of the properties of particles discovered at the LHC.
## ILC physics and detectors
It is widely expected that effects of physics beyond that described in the current Standard Model will be detected by experiments at the proposed ILC. In addition, particles and interactions described by the Standard Model are expected to be discovered and measured. At the ILC physicists hope to be able to:
Measure the mass, spin, and interaction strengths of the Higgs boson If existing, measure the number, size, and shape of any TeV-scale extra dimensions Investigate the lightest supersymmetric particles, possible candidates for dark matter
To achieve these goals, new generation particle detectors are necessary.
## Merging of regional proposals into a worldwide project
In August 2004, the International Technology Recommendation Panel (ITRP) recommended a superconducting radio frequency technology for the accelerator. After this decision the three existing linear collider projects – the Next Linear Collider (NLC), the Global Linear Collider (GLC) and Teraelectronvolt Energy Superconducting Linear Accelerator (TESLA) – joined their efforts into one single project (the ILC). In March 2005, the International Committee for Future Accelerators (ICFA) announced Prof. Barry Barish, director of the LIGO Laboratory at Caltech from 1997 to 2005, as the Director of the Global Design Effort (GDE). In August 2007, the Reference Design Report for the ILC was released. Physicists working on the GDE completed a detailed ILC design report, publishing it in June 2013.
## Design
The electron source for the ILC will use 2-nanosecond laser light pulses to eject electrons from a photocathode, a technique allowing for up to 80% of the electrons to be polarized; the electrons then will be accelerated to 5 GeV in a 370-meter linac stage. Synchrotron radiation from high energy electrons will produce electron-positron pairs on a titanium-alloy target, with as much as 60% polarization; the positrons from these collisions will be collected and accelerated to 5 GeV in a separate linac.
To compact the 5 GeV electron and positron bunches to a sufficiently small size to be usefully collided, they will circulate for 0.1–0.2 seconds in a pair of damping rings, 3.24 km in circumference, in which they will be reduced in size to 6 mm in length and a vertical and horizontal emittance of 2 pm and 0.6 nm, respectively.
From the damping rings the particle bunches will be sent to the superconducting radio frequency main linacs, each 11 km long, where they will be accelerated to 250 GeV. At this energy each beam will have an average power of about 5.3 megawatts. Five bunch trains will be produced and accelerated per second.
To maintain a sufficient luminosity to produce results in a reasonable time frame after acceleration the bunches will be focused to a few nanometers in height and a few hundred nanometers in width. The focused bunches then will be collided inside one of two large particle detectors.
A niobium-based 1.3 GHz nine-cell superconducting radio frequency cavity to be used at the main linac An interior view of the niobium superconducting radio frequency cavity A cryomodule being tested at Fermilab Cross section of the cryomodule. A large tube at the center is Helium gas return pipe. The closed tube below it is the beam axis. A flange of the cryomodule is used to connect instrumentation wires and cables.
## Proposed sites
Originally, three sites for the International Linear Collider were leading contenders at established High Energy Physics centers in Europe. At CERN in Geneva the tunnel is located deep underground in non-permeable bedrock. This site was considered favorable for a number of practical reasons but due to the LHC the site was disfavored. At DESY in Hamburg the tunnel is close to the surface in water saturated soil. Germany leads Europe for scientific funding and was therefore considered reliable in terms of funding. At JINR in Dubna the tunnel is close to the surface in non-permeable soil. Dubna has a pre-accelerator complex which could have been easily adapted for the needs for the ILC. But all three were more or less well suited for housing a Linear Collider and one had ample choice for a site selection process in Europe.
Outside Europe a number of countries expressed interest. Japan receives a large amount of funding for neutrino activities, such as the T2K experiment, a factor not in its favor, although 20 huge caverns with access tunnels have already been constructed in Japan for hydroelectric power plants (e.g. the Kannagawa Hydropower Plant). Following the closure of the Tevatron some groups within the USA had expressed interest, with Fermilab being a favored site because of the facilities and experts already present. Much of the speculated interest from other countries was hearsay from within the scientific community, and very few facts were published officially. The information presented above is a summary of that contained in the International Workshop on Linear Colliders 2010 (ECFA-CLIC-ILC Joint Meeting) at CERN.
The 2008 economic crisis led the United States and United Kingdom to cut funds to the collider project, leading to Japan's position as the most likely host for the International Linear Collider. On August 23, 2013, the Japanese high-energy physics community's site evaluation committee proposed it should be located in the Kitakami Mountains of the Iwate and Miyagi Prefectures. As of March 7, 2019, the Japanese government has stated that it is not ready to support the construction of the Collider due to its high proposed cost of approximately $7 billion. This decision was informed partly by the Science Council of Japan. The Japanese government sought monetary support from other countries to help fund this project.
In 2022, the Japanese plan for the ILC was "shelved" by a panel for Japan’s Ministry of Education, Culture, Sports, Science and Technology (MEXT) Several reasons were given, including potentially insufficient international support and the CERN proposal for the Future Circular Collider, which has overlapping physics goals with the ILC.
If the ILC is not approved to go forward in Japan in 2022, scientists from Fermi National Accelerator Laboratory propose that the ILC be constructed on-site at Fermilab. This plan advocates the phased approach of beginning with a Higgs factory. Fermilab Engineering Support Services have established potential layouts that use land on-site and the ComEd easement that runs north and south of site. The proposed project is considered to be "shovel-ready".
## Cost
The Reference Design Report estimated the cost of building the ILC, excluding R&D, prototyping, land acquisition, underground easement costs, detectors, contingencies, and inflation, at US$6.75 billion (in 2007 prices). From formal project approval, completion of the accelerator complex and detectors is expected to require seven years. The host country would be required to pay $1.8 billion for site-specific costs like digging tunnels and shafts and supplying water and electricity.
Former U.S. Secretary of Energy Steven Chu estimated the total cost to be US$25 billion. ILC Director Barish said this is likely to be an overestimate. Other Department of Energy officials have estimated a $20 billion total. Upon completion of the 2013 ILC Design Report, Barish said the cost of building the ILC was the equivalent of 7.78 billion 2012 U.S. dollars; it will require "22.6 million hours of labor and location-specific costs including site preparation, scientific detectors and facility operations." | https://en.wikipedia.org/wiki/International_linear_collider |
The 'God Particle' discovered by scientists in 2012 has the power to destroy the universe, Professor Stephen Hawking has warned.
The physicist said that at very high energy levels the Higgs boson could become unstable, causing a "catastrophic vacuum decay" that would cause space and time to collapse.
The possibility of this happening is extremely unlikely, he stresses, as scientists do not yet have a particle accelerator large enough to create such conditions.
He makes the comments in a new book Starmus: 50 Years of Man in Space, a collection of essays by scientists and astronomers.
"The Higgs potential has the worrisome feature that it might become megastable at energies above 100bn giga-electron-volts (GeV)," Professor Hawking writes.
"This could mean that the universe could undergo catastrophic vacuum decay, with a bubble of the true vacuum expanding at the speed of light.
"This could happen at any time and we wouldn't see it coming."
Accidental armageddon won't be soon
Hawking adds that this is unlikely to happen in the near future.
He said: "A particle accelerator that reaches 100bn GeV would be larger than Earth, and is unlikely to be funded in the present economic climate," he notes, sarcastically.
He said that the potential of the Higgs boson particle to destruct at high energy levels could offer important insights, as it "places important constraints on the evolution of the universe".
Particle accelerators increase the speed at which sub-atomic particles travel using magnetic and electrical fields then collide them. The most famous is the Large Hadron Collider (LHC) at Cern, Switzerland.
They are used so scientists can spot tiny particles which are detached in the collisions.
The Higgs boson was discovered in Cern's LHC in Switzerland in 2012.
Debris that unexpectedly appeared after particle collisions matched the predictions of British scientist Peter Higgs in the 1960s.
The Higgs bosun particle is believed to be responsible for giving matter its mass, but scientists do not yet fully understand its role. | https://www.ibtimes.co.uk/god-particle-could-destroy-universe-warns-stephen-hawking-1464392 |
Can Black Holes be Created Artificially?
Since the beginning, human beings are in a search to unravel the mysteries of the Universe. Century after century, year after year, there is always a discovery, a new theory that challenges all the pre-existing ideas we had. From the Big Bang to capturing the images of Black Holes, the search never stops.
Albert Einstein was the most intelligent man to ever walk the Earth. His theories are the foundation stone of Physics. He was a Nobel Prize winner in Physics for his theory of The Photoelectric Effect. His greatest ever theory published a century ago, paved the way for all modern theories and is still unbreakable till date. Many new findings are redefinitions of this theory. But now, a new theory might challenge it.
Relativity and Black Holes
Relativity is a rather simple idea that the laws of physics are the same everywhere. We here observe the laws the same way as someone living on the far edges of the Universe. Einstein formulates this concept using two interlinked ideas; Space and Time.
Special relativity suggests that space and time link to moving objects at a constant speed. The theory also gave us the famous E=mc² equation. General relativity explains gravity and how it affects other forces.
The theory predicts the existence of a very peculiar event in spacetime called a Black Hole. A Black Hole is an event in which an enormous amount of mass and energy accumulates at a single point in spacetime.
In such an event, the Black Hole distorts space and time and not even light can escape that point. The centre of this event is called a Singularity. Until now, Black Holes were just a product of relativity. On April 10, 2019, NASA released the first-ever image of this spectacular event.
An array of radio telescopes that spans the entire Earth captured this monster black hole which is at the centre of the Messier 87 Galaxy. It was a breakthrough moment in scientific history and also proof of Einstein’s relativity theory.
Artificial Black Holes
Observing a black hole is a very difficult task on its own and creating one is impossible. Well, that is until now. Some scientists now believe we can artificially create black holes inside powerful particle accelerators.
Particle accelerators are machines that accelerate charged particles to very high velocities and energies. The biggest and most powerful particle accelerator in existence is the Large Hadron Collider (LHC) at the European Organization for Nuclear Research (CERN) located in Geneva, Switzerland.
Some scientists say that sub-microscopic black holes can originate in powerful accelerators. These black holes exist for only the millionth of a second and are tiny.
The idea is that a black hole exists where a lot of matter and energy exist in a small volume. A similar situation is present in the LHC. Inside, a lot of matter concentrates on a beam of particles.
These particles then collide with each other and release a huge amount of energy and also create new particles. Einstein’s famous equation comes into play here.
So, theoretically, this close formation of particles should create small black holes. But there is the main problem. With the current understanding of physics, this is not possible and it requires a massive amount of energy (approximately 10 quintillion electron volts) to work. The LHC is only capable of getting particles up to 14 trillion electron volts.
For now, we know that the theory has its problems. Theoretically, it predicts the possibility of places with infinite density. But we know, currently, that’s not possible.
There is probably a more correct version of the theory in which this problem is solved. That theory will have different results. Scientists think this theory to be quantum gravity (a combination of quantum mechanics and relativity).
Into the Future
CERN is currently building an even bigger collider which will deliver even more energy: The Very Large Hadron Collider (VLHC). This next-generation accelerate may answer our deepest questions and maybe more.
Getting closer to a black hole may help us understand more about our universe. We are talking about interdimensional space travel and much more. Only time will tell.
In the words of cosmologist Sir Stephen Hawking,
There is no limit to Human endeavour! | https://globaliptrust.com/can-black-holes-be-created-artificially/ |
When the Large Hadron Collider was frantically searching for the Higgs boson, you could hear murmuring speculation about the possibility of the LHC creating black holes that could destroy the Earth. There was a lawsuit filed against Cern in an effort to prevent such a catastrophe. Part of this was fueled by our love of a good doomsday scenario, but part of it was driven by the idea that the LHC was producing the highest energy collisions ever known. While the LHC is humanity’s highest energy particle collider, it doesn’t produce the highest energy collisions known. Much higher collisions are produced by cosmic rays.
Cosmic rays are high energy particles, typically protons, seen to impact the Earth’s atmosphere. The energy of the LHC can accelerate a proton to an energy of about 7 TeV, or 7 trillion electron volts. An electron volt is the amount of energy a proton would get moving across an electric potential of one volt. Seven trillion is a lot of energy for a proton, and means it it traveling at about 99.9999991% of the speed of light. That’s just 3 m/s shy of the ultimate speed limit. Cosmic rays at TeV energies strike the Earth all the time. In a given square kilometer, one will strike every few seconds. These cosmic rays aren’t nearly as efficient at producing exotic particles as the LHC, but they do produce a particle cascade as they strike our atmosphere.
The most powerful cosmic ray was observed in 1991. It was a proton with an energy of 400 million TeV. That’s such an astounding amount of energy that it has been nicknamed the Oh-My-God! particle. At that energy, the proton was moving so close to the speed of light that if it trailed a photon for a year it would only be about 50 nanometers behind. Because of time dilation, its experience of time was extraordinarily slowed relative to us. In traveling a million light years, it would only experience a couple minutes of time.
We still aren’t sure what produces these ultra-high energy cosmic rays. The leading candidates are active galactic nuclei and supernova remnants. The Oh-My-God particle had so much energy that it was likely undeflected by things like galactic magnetic fields, so it was hoped that it could provide a clue as to its source. However in the direction of the OMG particle there isn’t anything that could produce such a high energy particle.
In 2015 the LHC plans to double particle energies to 14 TeV. That is still far less than cosmic particle accelerators, so there’s no need to worry about creating black holes or destroying the Earth through particle research. | https://briankoberlein.com/blog/omg/ |
Informed Consent and Ethical Responsibilities During the Counseling ProcessFitness Equipment
Counseling of any sort requires that an assessment is taken in order for the counselor to gain insight to the dynamics, which brings a client into counseling. As a result, it is pertinent that issues of confidentiality and circumstances that would legally bind the counselor to report and/or provide confidential information to a third party are discussed during the initial interview. The American Counseling Association Code of Ethics (2005) (ACA) states that the counselors foremost priority is to ensure the clients welfare. In order to do so, the informed consent process is crucial in order to ensure the client is aware of the ethical and legal responsibilities that encompass confidentiality. The informed consent process must be documented and gone over verbally with the client (ACA, 2005). Furthermore, it must be noted that this should be a continuous process throughout the counseling relationship (ACA, 2005).
The informed consent process covers that a client is fully aware of the procedures that will be implemented (ACA, 2005). The ACA (2005) specifically states that informed consent includes: “the purposes, goals techniques, procedures, limitations, potential risks, and benefits of services; the counselor’s qualifications, credentials, and relevant experience; continuation of services upon the incapacitation or death of a counselor; and other pertinent information” (p.4). Furthermore, clients need to have a clear understanding of any tests, results, diagnoses, and financial responsibilities on part of the client (ACA, 2005). Most importantly, a client must understand the limitations of confidentiality and when a counselor is legally required to notify an outside source. This applies in cases when someone is being abused, or if they intend to commit a criminal act, which would cause serious harm to another person.
The initial assessment and ongoing assessment process is crucial to the counseling process. This enables the counselor to gain information to adequately implement strategies and techniques to help the client with the issues that are presented during counseling. Nonetheless, it is also important to be aware of circumstances where the counselor may be faced with false results and reporting by the client. This may be more evident when helping professionals are conducting assessments with minors, which consists of anyone under the age of eighteen years-old. A minor may be hesitant to report pertinent information if they fear the consequences when certain information is released to a third party. The counselor should ensure that environmental factors are managed properly in order to provide security and support for the child. (Adcock, 2009). The helping professional needs to balance the rights of the client and the rights of the guardians when a third party is directly involved (ACA, 2005).
Furthermore, it is important to note that a parent may refuse consent for a child to proceed with an assessment. If this occurs, an assessment can still occur “if the child has been assessed to be competent to provide their own consent” (Adcock, 2009, p. 359). It is noteworthy, that if a parent is involved during the consent process that the counselor adequately advises the parents about the dynamics, which encompass the release of information. Although, much attention has been given to children giving false responses this could happen with adults as well. Court referred clients may be apt to falsify information in fear of already being in the legal system. Furthermore, during couples’s therapy one partner may be hesitant to fully participate in the assessment process, or fear what being completely truthful will do to the relationship. It is essential, that the assessment process is ongoing and continuous throughout counseling and the counselor is attentive to verbal and non-verbal responses.
The ACA (2005) specifies that prior to an assessment being conducted the nature and purpose of the assessment should be clearly explained. The client should be aware how the assessment will be used and what it entails. Nonetheless, a helping professional may gather information about a client to gain insight into what avenues need to be further examined. For example, a clinician may implement a screening measurement such as an informal checklist, rating scales, or additional screening tests to assess and narrow down problem areas within the client (Whiston, 2009). Although, the clinician is taking this information and measuring possible problem areas the client may not be fully aware on what information is being gathered. Instead, they are selecting answers that apply to them. As a result, the counselor is equipped to further implement additional testing instruments in order to validate a hypothesis received from one of these instruments.
It is not that a client is not aware of what is being conducted, because the informed consent process entails the helping professional going over with the client what counseling entails. Informal assessment techniques such as observation and interviewing are pertinent to the counseling process (Whiston, 2009). Therefore, it is the ethical responsibility to keep the client informed on what is occurring during counseling and it is equally essential to acknowledge that counseling is a collaborative process and the counselor should continually be assessing the client. Although, these are important components Whiston (2009) points out that “research has continually indicated that statistical or actuarial methods are much better predictors than clinician judgment” (p.326). Therefore, informal techniques should only be used as a piece of the complexity of treatment planning. As a result, the integrity of the client is still being protected.
Next, it is important to note that not only is there an ethical responsibility to explain the assessment process, but the client also has the right to have the results efficiently explained (Whiston, 2009). Nonetheless, the client’s welfare is of the upmost importance. Therefore, the manner in which the results are interpreted and explained may vary depending if there is potential to cause adverse affects on the client (Whiston, 2009). It is important that results are explained in a way that the client can comprehend (Whiston, 2009). The helping professional should be prepared to have alternative ways to explain the results to help the clients better understand the assessment results (Whiston, 2009). In addition, there are cases where a diagnosis may have been made on the client. If it is determined that this diagnoses will cause negative harm to the client the clinician is not ethically bound to release this information (ACA, 2005). Furthermore, Whiston (2009) states that if diagnoses are made a client should be diagnosed with the less stigmatizing label.
It is not only important, but it is the ethical responsibility for helping professional to provide accurate and adequate services to a client being assessed for various issues. Nonetheless, a client’s welfare is essential when one begins to explain assessment tools and potential diagnoses. A clinician does have the ethical responsibility to the client not to cause further harm. Nonetheless, a client must be an active member of the assessment process and be fully aware of the procedures that encompass treatment. When working with clients who may be referred by the court, children, and so forth it may be difficult to always ensure accurate results. It is up to the clinician to be mindful of any potential dynamics that may compromise a treatment program. This could entail not receiving accurate information, due to various reasons or having to protect the welfare of the client by being selective, but being accurate in the assessment results being reported. If a clinician is unsure where this line is drawn they should refer to one of the recognized ethical codes and/or consult another helping professional for guidance (ACA, 2005).
References
Adcock, C. (2009). Obtaining Consent for child protection medical assessments. Child Abuse
Review, 18, 354-362.
American Counseling Association (2005). ACA Code of Ethics. Alexandria, VA: Author.
Whiston, S.C. (2009). Principles and applications of assessment in counseling (3rd ed.).
Belmont,CA:Thomson-Brooks/Cole.
2 comments
This article is very informative and highlights some very pertinent issues which if ignored may breed chaos and mayhem both for the counsellor and counselee. Thank you much. | https://knoji.com/article/informed-consent-and-ethical-responsibilities-during-the-counseling-process/ |
The Consumer Rights Act 2015
The main parts of the Consumer Rights Act 2015 come into force today – the 1st of October 2015.
The Consumer Rights Act replaces a number of laws with regard to business-to-consumer transactions, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
The Act is a part of the Government’s reform of the UK’s consumer landscape which aims to make it easier for consumers to understand and access their key rights, including:
- The right to clear and honest information before you buy;
- The right to get what you pay for;
- The right to goods and digital content being fit for purpose, and services being performed with reasonable care and skill; and
- The right that faults in what you buy will be put right free of charge or a refund or replacement provided.
There are some important changes, for instance if a consumer buys second hand goods from a business they now have the same rights as if they were buying brand new products. Consumers have 30 days to demand a replacement or full refund for a faulty item.
There are some areas which will be uncomfortable for sellers of digital products, if a download doesn’t work the retailer won’t have to refund, but they will have to make a replacement available – you can just imagine the tech support calls this might entail when a consumer’s device is at fault! Additionally (and perhaps more worryingly), if the download “causes damage to a device or to other digital content” (intended to be if it contains a virus) then the retailer is liable to paying compensation to get the virus removed. Again proving that it wasn’t your download which caused the issue could be problematic.
Introduced in July this year, Alternative Dispute Resolution providers are now available to help as a quicker and cheaper alternative to going through the courts.
The new legislation also opens the door for “collective proceedings” – US style Class Actions – where one person sues and everyone else affected is automatically included in the same case. Look out for the first UK case, possibly against a utility company or a train company that persistently runs late, although I suspect that sooner or later someone will decide to sue eBay as they’re a classic target for such law suits in the US.
As a retailer you will want to read the new legislation in full. There are countless overviews online and on Tamebay we’ll be looking more deeply at sections of the Consumer Rights Act 2015 over the coming weeks.
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True say, many ought to sue eBay over all therubbish which they put sellers through and at the same time pinching more and more in fees
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Of course consumers should be protected from the dodgy and dishonest . The danger is when honest and fair traders get hobbled and restricted by rampant do gooders litigating for fun and recreation
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Dont forget compliance costs money, It seems we spend most of our life dealing with some official ,form ,agency or authority
And less time actually trading ,
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eBay/Amazon sellers are highly unlikely to find themselves dealing with the Consumer Rights Act directly as both marketplaces incorporate current legal requirements into the terms under which they allow people to buy and sell.
Indeed, both eBay and Amazon go beyond the minimum legal requirements (often to the annoyance of both sellers and buyers).
Court cases arising originally from an Amazon/eBay dispute are rare indeed. | https://tamebay.com/2015/10/the-consumer-rights-act-2015.html |
Students will interpret lending options, consumer rights, and responsibilities.
Resources cannot be aligned to this standard, browse sub-standards to find lessons.
Compose information on the primary organizations that maintain and provide consumer credit records.
Compile examples of permissible uses of credit reports other than granting credit.
Explain the rights and responsibilities of buyers and sellers under the Fair Debt Collection Practice Act consumer protection laws.
Explain the rights that people have to review and resolve credit score discrepancies under the Fair Credit Reporting Act.
Analyze factors affecting a credit score and creditworthiness. | https://sharemylesson.com/standards/wisconsin-doe/pfl.cd2.c-0 |
This is a follow up to “Considerations for M&A Transactions During the COVID-19 Crisis.” See the initial post here.
The uncertainty of the COVID-19 crisis and its resulting economic effects continue to make each stage of an M&A transaction complicated. At each stage of a transaction, buyers and sellers should determine how they both define and allocate risk between them or whether the parties should proceed at all until the impact of the COVID-19 crisis becomes more clear. As the actual effects of the pandemic on target companies start to become known with each passing week, the Burns & Levinson M&A practice group shares the following additional considerations for buyers and sellers in the various stages of M&A transactions:
- Due Diligence. Buyers and sellers should carefully analyze all business elements that may be affected by COVID-19 in order to assess the target’s operational and financial stability to see if the business is in a position to withstand any solvency or liquidity issues (which will also have an impact on potential covenants included in any credit facility), as well as any specific legal issues (e.g., product liability or worker safety) that may have arisen. Buyers will want to understand and evaluate how COVID-19 might affect the target and may consider more extensive due diligence requests. Comparison of past years’ performance to similar current year periods, as well as seller projections (that have likely been reforecast), will certainly take on increased relevance. To the extent of continuing operations by the seller during the pandemic, a buyer should understand fully the measures taken to comply with usages of personal protective equipment, social distancing and other safety measures – including the documentation of, and adherence, to all such measures. A seller that has received a loan from the Paycheck Protection Program (PPP) will also require significant diligence, especially given the already heightened media and governmental scrutiny surrounding this program. If any potential issues are identified as the result of these areas of diligence, buyers will want the seller to bear these risks – whether by means of special indemnities, purchase price adjustments or otherwise.
- Representations and Warranties. If a purchase agreement is still being negotiated, buyers need to consider what specific representations and warranties should be included in order to provide adequate disclosure of the effects, liabilities, risks and potential impacts of COVID-19 on the target. On the other hand, sellers need to consider whether it may need to provide disclosures that have or will sufficiently address the risks and potential impacts as the result of COVID-19 whether or not included in the buyer’s draft of the purchase agreement. Sellers should be aware that Buyers are likely to push back on attempts to include “except as effected by the COVID-19 pandemic” or other broad exculpatory language to that effect, as buyers view such statements as broad and too subjective – and, therefore, having the potential to gut the applicable representation and warranty. Sellers with PPP loans will be expected to make representations and warranties regarding the completeness and accuracy of its application, the usage of PPP loan funds, the eligibility of the PPP loan funds for forgiveness and related matters. Sellers should take extra care in reviewing these and other COVID-19 related representations and warranties, as well as populating the associated schedules, paying particular attention to whom “knowledge” of these representation is attributed. (See “Closed Deals and Indemnification Claims” below.) Where there is representation and warranty insurance (which provides cover for losses arising from a breach of a representation or warranty) known issues are unlikely to be covered by the R&W policies. In such transactions, the buyer and the seller should work collaboratively to negotiate the purchase agreement in a way that will provide maximum policy coverage, as well as be prepared to negotiation specific indemnities and holdbacks for any exclusions that will be in the issued policy.
If representations and warranties have already been given in a signed purchase agreement, the seller should closely monitor all aspects of its operations in order to be able to confirm it has not, or will not prior to closing, breach any representations and warranties to be recertified at closing without any supplemental disclosures, unless supplemental disclosure is permitted under the pre-closing covenants of the purchase agreement (as discussed below).
- Pre-Closing Covenants. Where the purchase agreement contemplates a signing and subsequent closing, the agreement will provide for various covenants about how the business will be operated and how the parties are to act during that pre-closing period. This usually includes a covenant to continue to operate or preserve the business “in the ordinary course”. So long as COVID-19 blunting measures are being required or recommended at the federal and state level, sellers are likely to want some flexibility to operate outside the ordinary course without triggering a breach under the purchase agreement to deal with the virus, including taking actions necessary for the protection of public health or the health of its workforce (e.g., if the seller was forced to implement remote working policies, reduce its workforce or suspend part of its operations due to the impact of the coronavirus). As the taking of such measures by sellers are likely to preserve the business being acquired and also mitigate potential liability that would result from continuing in the ordinary course, buyers should work with sellers to permit commercially reasonable actions with notice to and, possibly for more material changes, approval of the buyer. This can be of particular importance in sellers with operations or employees in multiple states where the timing and the scope of the measures within each state are likely vary. Additionally, given the lack of a current understanding of the full effects of COVID-19, a seller may seek to provide that it may supplement its disclosures prior to closing for those changes and effects related specifically to the pandemic. As such disclosure supplements ordinarily do not cure any breaches of the representations and warranties, the seller should try to ensure that any accompanying termination rights are tailored to reduce the potential for termination as the result of the impact of COVID-19 on the seller’s representations and warranties.
- Termination Rights. During a pre-closing period, whether or not a termination right will be available to a party as the result of COVID-19 will depend on the terms of the purchase agreement. Buyers ordinarily have the ability to terminate purchase agreement in the event of a material adverse change (MAC) to the target’s business. The triggering events of a MAC clause are a subject of negotiation between the buyer and the seller, and ordinarily includes specific negotiated exclusions. As the result of the COVID-19 crisis, buyers and sellers need to agree upon how to include specific references to COVID-19 and/or reference to epidemics and pandemics as exclusions to the MAC definition. To the extent of actual data relating to the seller’s operations (e.g., revenue results, customer orders, supplier issues), such data will likely be helpful in determining how to craft an appropriate MAC clause. For example, if a seller has already experienced a drop in customer orders by 10%, then the buyer and seller could agree that a drop of up to an additional 5% would not be a MAC but than any drop in customer orders in excess of the additional 5% would qualify as a MAC.
Additionally, parties may seek to include a force majeure clause as a means of excusing or deferring performance of certain post-closing obligations under the purchase agreement. If the effects of the pandemic create greater long term effects on the economy than anticipated, a buyer may wish to build in the right to deferred non-contingent future installments of the purchase price. Likewise, if the transaction contains an earn out component, a seller may wish to have a longer or different period for determining whether or not the seller has achieved the earn out’s thresholds for payment. Force majeure definitions are typically events “beyond the reasonable control of a party” and will contain a non-exhaustive list of the type of events covered where parties may provide for the inclusion of COVID-19 and/or reference to epidemics and pandemics, if desired. In the case of purchase agreements, buyers and sellers will need to consider the wording of such clauses carefully to create as objective and “bright line” triggers of a force majeure as possible in order to permit the parties to rely on them and avoid challenge or the need for legal action as to their interpretation. Click here for more information on the force majeure clause.
- Long-Stop Dates. A long-stop date clause gives a party the right to terminate the purchase agreement if the closing has not occurred by a particular date. If the parties are contemplating a long-stop date in the purchase agreement, consideration should be made as to the appropriate long-stop date in light of the COVID-19 circumstances known to the parties at the time, as well as what, if any, mechanism (other than the typical mutual agreement) might merit inclusion for extension beyond the original long-stop date for certain specific circumstances.
If a signed purchase agreement provides for a long-stop date and either such long-stop date has passed or is likely to pass without a closing as a result of COVID-19, each party should assess its desire to move forward with the transaction and how best to provide incentive to the other party agree to keep the agreement in effect.
- Closed Deals and Indemnification Claims. For transaction that have already closed and for which the impacts of COVID-19 were not known or fully known at the time of closing, both sides are likely to parse through the agreement for potential indemnification claims and defenses against them. In such cases, the viability of buyer claims regarding breaches of representations and warranties will likely depend on the fulsomeness of the disclosure schedules and what was known by the seller at the time the representations and warranties were made – likely given even more importance than usual to the definition of a seller’s “knowledge” than is the case in a pre-COVID-19 transaction.
As businesses make their way through the ever-changing COVID-19 landscape, the Burns & Levinson M&A team will continue to provide updates with news from the deal front and stand ready to partner with buyers and sellers to help them get those crucial deals done even in these tumultuous times.
About the Authors: Mark Manning and Barry Kuang
Mark Manning is a partner in Burns & Levinson’s Corporate, M&A, Venture Capital & Private Equity, and Intellectual Property Groups. Clients look to Mark Manning to achieve the best results in their most complex commercial transactions and internal business and legal issues. He regularly leads merger and acquisition transactions on behalf of both buyers and sellers, providing him with deep insight into what drives both sides of a deal – a perspective that helps him efficiently facilitate practical solutions to issues that keep deals from getting done. He can be reached at [email protected] or 617.345.3468.
Barry Kuang is an associate in Burns & Levinson’s Corporate group. Barry focuses his practice on general corporate, mergers & acquisitions, finance, distressed transactions, securities, start-up structuring and financing, venture capital and private equity matters. Barry has experience drafting, reviewing and negotiating various corporate contracts, assisting with state and federal securities law compliance, and providing support in areas of corporate governance and investor relations. He can be reached at [email protected] or 617.345.3424. | https://covid19legalinfo.com/2020/05/07/considerations-for-ma-transactions-during-covid-19-part-2/ |
'Transparency' and 'Accountability' are the fundamentals of the Consumer Protection Act, 2019 ("Act") that came into force on 20 July 2020. The Ministry of Consumer Affairs, Food and Public Distribution notified slew of Consumer Protection (E-commerce) Rules, 2020 ("Rules") under the Act for the growth of the e-commerce sector and protection of the right of the consumers.
This definition of the 'Consumer' has been broadened and various duties and liabilities have been cast upon e-commerce entities so as to bring the e-commerce sector under its ambit. The expressions "buys any goods" and "hires or avails any services" now includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing."1
The Rules cast various duties and liabilities upon e-commerce entities and sellers, and the same are as follows:
- Duties of Seller on Marketplace:
- Sellers have the duty to maintain fair trade practice and not to get involved in any kind of unfair trade practice which includes misrepresenting himself as a consumer and posting fake reviews about a product.
- They cannot deny their duty to take goods back while offering goods through market place entity and cannot withdraw or discontinue services purchased or agreed to be purchased.
- The duty to reimburse the consideration paid by the consumers is also cast upon the seller, if the goods or services are deficient or defective or of different quality as compared to what was shown in images or are delivered late from the scheduled time. However, the seller is not responsible if the late delivery is due to unavoidable causes.
- Seller should make a written contract with the concerned marketplace e-commerce entity to undertake or solicit such sale or offer.
- It is mandatory for a seller to appoint a grievance officer for consumer grievance redressal and to make sure that the said officer acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint
- Seller is required to ensure that the advertisement about characteristics, access and usage conditions of the goods and services are correct and consistent with the actual product..
- Seller is also under an obligation to maintain transparency with the respective e-commerce entity by providing it its legal name, principal geographic address of its headquarters and all branches, the name and details of its website, its e-mail address, customer care contact details such as fax, landline, and mobile numbers and where applicable along with its GSTIN and PAN details.
- Seller is prohibited for manipulating prices as he is now liable to provide the e-commerce entity on its platform or website: (a) all contractual information required to be disclosed by law; (b) total price in a single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable.
- Seller is required to disclose all the relevant information which is required by the consumer to decide on purchasing a product like the country of origin, the name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting any other matter, name and details of importer, and guarantees related to the authenticity or genuineness of the imported products.
- Duties of E-commerce:
- Every e-commerce entity must be incorporated under the Companies Act, 1956 or the Companies Act, 2013 or a foreign company covered under clause (42) of section 2 of the Companies Act, 2013 or an office, branch or agency outside India owned or controlled by a person resident in India as provided in sub-clause (iii) of clause (v) of section 2 of the Foreign Exchange Management Act, 1999 and the entities are required to appoint a nodal person of contact or an alternate senior designated functionary who is resident in India, to ensure compliance with the provisions of the act or the rules made there under. e-commerce entity shall not engage itself in any unfair trade or malicious practice, whether in the course of business on its platform or otherwise.
- They must establish adequate grievance redressal mechanisms and a grievance officer shall be appointed who shall ensure acknowledgment of the consumer complaint within 48 hours and the company shall redress the complaint within one month from the date of receipt of the complaint.
- It shall provide the following information in a clear manner on its platform, which can be easily visible by the consumers: legal name of the e-commerce entity; principal geographic address of its headquarters and all branches; name and details of its website; and contact details like e-mail address, fax, landline and mobile numbers of customer care as well as of grievance officer.
- It cannot ask for cancellation charges on consumers cancelling after confirming purchase unless similar charges are also borne by the e- commerce entity and it has also been prohibited from manipulating the price on its platform and from discriminating the consumers of the same class.
- If any e-commerce entity offers imported goods or services for sale, it has to mention the name and details of any importer from whom it has purchased such goods or services, or who may be a seller on its platform.
- Every e-commerce entity must endeavour to become a partner in the convergence process of the National Consumer Helpline of the Central Government.
- Every e-commerce entity has to make their payment process effective towards accepting refund requests of the consumers as prescribed by the Reserve Bank of India or any other competent authority under any law for the time being in force, within a reasonable period of time, or as prescribed under applicable laws.
- All e-commerce entities have to record the consent of a consumer for the purchase of any good or service offered on its platform where such consent is expressed through an explicit and affirmative action, and not otherwise.
- Liabilities of Marketplace E-commerce
Entities2 and Inventory E-commerce
Entities3:
- A marketplace e-commerce entity which seeks to avail the exemption from liability under sub-section (1) of section 79 of the Information Technology Act, 2000 (21 of 2000) shall comply with sub-sections (2) and (3) of that section, including the provisions of the Information Technology (Intermediary Guidelines) Rules, 2011.
- Every marketplace e-commerce entity is liable to make sure that sellers are selling accurate products on their platforms. They must ensure that appearance and feature, quality, colour of product shown are consistent with the original product.
- Every marketplace e-commerce entity has a duty to provide relevant information on its platform where a consumer can easily see it. Information includes details about the sellers offering goods and services, including the name of their business, whether registered or not, their geographic address, customer care number, any rating or other aggregated feedback about such seller. Also, the entity is responsible to provide the consumer with any information that can be useful for him to contact the seller, in case any written request comes from the consumer.
- A ticket number has to be allotted to each complainant so that he/she can track the status of the complaint. Any relevant information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, and grievance redressal mechanism, and any other similar information which will be useful for consumers to make a final decision to purchase a product shall be given to him.
- Payment options must be made clear to the consumers and all the charges and fees, including the procedure of cancelling payment must be transparent to the consumer. The terms and conditions mentioned on the website must include information to determine the relationship of the entity with the seller.
- If any e-commerce entity vouches for the authenticity of any particular product or service of seller either explicitly or implicitly, then it shall be liable with respect to that particular product.
- Other additions in the Act applicable on E-commerce
Entities and Sellers:
- Jurisdiction of Filing Complaints: Territorial and Pecuniary jurisdiction for filing complaints has been enlarged. Now, a complainant can file a complaint from anywhere in the country unlike before. Consumers will be able to file complaints electronically at no fee for cases upto Rs. 5 lakhs at District Commission and can also seek hearing through video-conferencing. Litigation process has been simplified to make it beneficial for the consumers. Adequate grievance redressal mechanism shall be established and a grievance officer shall be appointed who shall ensure acknowledgment of the consumer complaint within 48 hours and company shall redress the complaint within one month from the date of receipt of the complaint, trackable by allocated ticket number.
- Product Liability : The manufacturers and sellers of products and services have been made liable for any harm caused by the product to the consumers, subject to different conditions and exceptions provided with respect to the liability of manufacturers and sellers respectively. One of the exceptions provided is that a product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product.4 Now, what will be considered as 'obvious' and 'common' can differ from consumer to consumer.
- Mediation Cells: Mediation cells are to be established to help aid the parties to arrive at the settlement prior to filing of the complaint. The complaint will be referred by a Consumer Commission for mediation. The Ministry has also notified the Consumer Protection (Mediation) Rules, 2020 that provides a list of cases unsuitable for mediation. Mediation process can be very helpful for both consumers and e-commerce entities as it will simplify the procedure for them and will be less time consuming. If at the end of the process, the issue is resolved, then the entire amount of application fee will be reimbursed to the complainant that will encourage consumers to settle their matters through mediation and the burden of court will get reduced which will eventually lead to effectiveness.
Conclusion
"Consumer is the King"- the new Act has made this saying meaningful by strengthening the rights of the Consumer, making the e-tailers more accountable and providing transparent redressal mechanism that in turn will aid the consumers in making an informed decision in buying products and availing services. Effective enforcement of strict regulations along with penalities and punishment will act as deterrant and the manufacturers and sellers will refrain from devicing fraudulent and manipulative tactics. Convenient grievance redressals will encourage more consumers to do transactions online and help enhance the faith in e-tailers that will eventually lead to growth of the sector and enhanced profits. Having said that, the time will unravel whether the new Act and Rules stand the test of time.
Footnotes
1. Sec 2(7) Explanation (b), Consumer Protection Act, 2019
2. 3(g) of Rules - an e-commerce entity which provides an information technology platform on a digital or electronic network to facilitate transactions between buyers and sellers.
3. 3(f) of Rules - an e-commerce entity which owns the inventory of goods or services and sells such goods or services directly to the consumers and shall include single brand retailers and multi-channel single brand retailers
4. Section 87(3), Consumer Protection Act, 2019
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. | https://webiis05.mondaq.com/india/dodd-frank-consumer-protection-act/973516/impact-of-consumer-protection-act-2019-on-e-commerce-the-law-the-rules-and-the-road-ahead |
Does Buyer Beware Apply In Ontario?
Among Others, Laws Such As the Consumer Protect Act, 2002 Govern Various Mandatory Rights and Responsibilities Within Transactions Involving a Business and Consumer. Common Concerns Include Fairness and Quality Warranties.
Understanding the Rights and Duties Involving Consumer Protection Laws Including Remedies For Wrongdoing
In the world of commerce, and in particular matters of consumer transactions, the individual person as a purchasing consumer is often at significant disadvantage in business dealings, especially when such business dealings involve large corporations. To help balance the playing field, so to help ensure that individual consumers receive fairness during business dealings, consumer protection laws were put into place.
Without the protection of consumer protection statutes, consumers would be subjected to the common law and the age old adage of buyer beware or caveat emptor as such is known in Latin) and often referred to within historical legal precedents.
Consumer Protection
Common Issues Include:
Misrepresentations
Involves deceiving statements containing untruths or omissions.
Defective Products
Includes sale of goods, such as automobiles, with certain defects.
Improper Charges
Involves unfair demands for the payment of additional monies.
Unjust Delays
Includes the failure to deliver goods or perform services on time.
Contract Failures
Involves failing to use written contracts when legally required to do so.
Refund Failure
Includes the wrongful denial to allow product exchanges or returns.
The Law
The law contains many statutes that contain provisions providing protection to consumers including, among various others:
- The Consumer Protection Act, 2002, S.O. 2002, Chapter 30, Schedule A;
- The Competition Act, R.S.C. 1985, c. C-34; and
- The Sale of Goods Act, R.S.O. 1990, c. S.1.
In addition to the statute laws as above, and despite caveat emptor principles, the common law as ruled by judges also contains protections for consumers such as implied warranties requiring sellers to supply products appropriate for the intended purpose or for the performance of good work.
Learn About: | https://defendit.ca/EN/small-claims-court/areas-of-focus/consumer-protection |
Buyer pulling out of house sale? This article will help you understand your rights as a seller in this situation. Housing markets fluctuate, and when values start a downward trend, some homebuyers try to back out of transactions or adjust the terms. For example, imagine that a buyer wants to purchase a home that is valued at $750,000. As the closing date nears, the buyer realizes that values have dropped some and that similar homes in neighboring areas are worth about $650,000. The buyer may want to adjust the terms of the agreement or back out of the sale altogether. Fortunately, there are laws in place to protect Canadian sellers from losing a lot of money. It helps to understand when buyers can and cannot back out of sales and what sellers can do when buyers try to back out without legal reason.
Understanding When Buyers Can Back Out of a Sale
One of the most important determining factors of a seller’s rights when a buyer tries to back out of a sale is when the buyer attempts to do so. For example, a buyer may try to pull out of a sale after making an offer and before signing a purchase agreement. Buyers have more freedom at that point. After the purchase agreement is signed, there are only a few instances that allow a buyer to legally back out of a sale. By law, a purchase agreement contract is considered legally binding for both parties. These are some examples of when it may be acceptable for a buyer to pull out of a sale.
Purchase Agreement Conditions Were Not Met
Before signing a purchase agreement, the buyer and seller may agree upon some conditions. In many cases, a common condition is that the house must pass an inspection. However, if the house is sold in as-is condition, the buyer is taking on the responsibility of purchasing the home despite any problems. When there are conditions, the buyer may back out if the conditions are not met or are not delivered within the acceptable timeframe. Even when the inspection reveals some problems, that is not an automatic ticket out of the sale for the buyer. A buyer must present a valid reason to back out of the sale because of certain conditions and show why they were unacceptable enough to not continue with the sale.
Existing Liens or Damage
One of the most devastating discoveries for sellers is when there is a lien on the property. Open work permits or work orders may also give buyers the right to cancel the purchase agreement. Also, a buyer can back out of the sale legally if there has been recent and substantial damage to the property. For instance, if there was a fire, a flood or a car drove into the side of the home, those events could lead to cancellation. Any other new and significant damages that are not fully repaired put the home at risk as well.
Intentional Misrepresentation
In some cases, buyers can back out of purchase agreements when sellers purposely withhold important information. However, they must be able to show that the seller withheld the information. For example, imagine that a buyer wants to purchase a house and discovers that there was existing water damage from a previous flood. If the seller knows this, and if the buyer finds out the house sustained lasting damage, the buyer may try to back out. However, this is rare. The reason is because it is difficult to prove intentional misrepresentation. In many cases, problems that buyers may discover are ones that sellers may not have been aware of.
What Sellers Can Do When Buyers Back Out of Sales
Fortunately, real estate and the laws pertaining to it do not favor decisions that are rooted in buyer’s remorse. Buyers are protected by law to the extent that they do not have to purchase a property that is misrepresented, severely damaged or does not meet any specified conditions in the purchase agreement. Most sellers work hard to meet those conditions and ensure that they are honest about the property’s condition. Today, many buyers are also purchasing homes in as-is condition. These are a few steps sellers can take to minimize the risk of a buyer legally pulling out of a sale:
- Talk to a lawyer to understand what issues from inspections allow buyers to back out of a sale.
- Ensure that the home’s title is free of liens or open building permits.
- If the home is vacant, check on it frequently to ensure that there is no new damage.
- Be sure to communicate any past fire, flood or other significant damage and repair work to potential buyers.
So, what happens when a buyer backs out of a sale without legal reason? These are the two main steps that sellers usually take when a buyer pulls out of a sale after a purchase agreement is signed.
Sue the Buyer
Imagine that a buyer calls a seller shortly before closing and refuses to close because the house’s value has dropped some. Although the purchase agreement is legally binding, nobody can force the buyer to show up and sign papers. However, the seller can file a lawsuit against the buyer. When a buyer backs out of a deal without legal reason, the buyer is required by law to make the seller “whole.” This means that the buyer must compensate for any losses that stem from backing out of the sale. For instance, if a buyer agrees to purchase a home for $900,000 and backs out later because the home’s value drops to $700,000, the seller could sue the buyer for the difference if the seller later sells the home for $700,000. Additionally, the buyer does not get the deposit back. Buyers may also have to pay for the seller’s legal fees, mortgage carrying cost or other losses. In one court case in Ontario, buyers who backed out of a real estate deal had to pay the seller $470,000 in total damages and lost their $30,000 deposit.
Relist or Sell Off-Market
During or after the process of suing the buyer, the seller may have to scramble to figure out how to sell the home in a timely manner. This is especially stressful if the seller has already bought a different home and made plans to move. Many sellers become hesitant to accept any higher offers at that point. If the market is unsteady, it can be difficult to tell if values will drop again, stay steady or go up. Although it is uncommon for buyers to illegally back out of a sale, sellers may worry about facing the same problem again. Instead of selling to a private party, a seller may opt to sell the home to an off-market buyer or company that purchases homes in as-is condition.
Reduce Risks of a Buyer Pulling Out of House Sale
When you sell your home through real estate agents, the process can be challenging. Many sellers wind up doing several improvements. If the home’s value drops in that time, and if a buyer backs out of the sale, the aftermath can turn into a nightmare until a lawsuit settlement is received. That also takes time and causes a lot of stress. Many sellers do not know about the benefits of working with an off-market buyer. The key benefit is that the home can be sold in as-is condition, which eliminates the expenses associated with repairs people commonly perform before listing a home. Companies that buy homes do not back out of sales after signing purchase agreements. They have the resources to handle any repairs or issues they need to with homes that are sold in as-is condition after they buy them.
The HappyDoor Difference
Buyer pulling out of house sale? Whether you are dealing with a troublesome buyer or simply want to avoid the risk of it, HappyDoor is here to help. Unlike many other off-market buyers, we do not offer low prices to take advantage of sellers in difficult situations. Our offers are fair, and we commit to sales. There are no fees, you can have a flexible move-out time and you do not have to complete any repairs. We welcome you to learn more about HappyDoor’s services in Ottawa and Toronto. | https://www.happydoor.ca/blog/homebuyer-backs-out/ |
Despite experiencing a slower year due to the extraordinary repercussions of the COVID-19 pandemic, the Portuguese M&A environment during 2020 has been active with several large transactions involving players from private markets.
Notably, to be highlighted the announced sale of Brisa, the country’s largest highway toll operator, in a club deal involving the in-house teams of three major pension funds (APG, Swiss Life Asset Managers and the National Pension Service of the Republic of Korea), marking a (partial) shift towards disintermediation of private equity investments by large institutional investors.
Other competitive processes for relevant infrastructure assets (taking advantage of the downward trend in interest rates and portfolio reallocation strategies of Portuguese corporates) have been launched (and reported on by the media), which are likely to attract the interest of private equity funds and other asset managers.
During 2020, so far, transactions in Portugal involving private equity have been focused on infrastructure with regulated revenues and a stable outlook. These assets are targeted by institutional investors, driven for a need for “yield” in a low interest rate world.
Real estate and industrials have also been the target of relevant transactions in 2020, both announced and closed.
Deals involving private equity buyers and sellers have mostly been structured as “auction sales” reflecting the (pre-COVID-19) still seller-friendly environment and the continued rise in private equity investment volumes.
The new anti-money laundering legislation, approved by Law No 83/2017 (implementing EU Directives and FATF recommendations), has significantly changed “compliance” practices in both private equity managers (which are subject to the obligations established in said statute) and the respective funds’ portfolio companies.
With the new legislation fund managers have been forced to implement more stringent KYC and other AML policies (as well as anti-sanctions), for them and their funds’ subsidiaries which are also included in the subjective scope of the law (financial institutions, real estate companies, etc). These enhanced obligations add complexity and length to M&A transactions and operating costs for private equity funds.
Apart from the above, there have not been in the last years legal developments of particular relevance for private equity transactions.
The main body which provides regulatory oversight for private equity funds (incorporated in Portugal) is the Comissão do Mercado de Valores Mobiliários, or Portuguese Securities Market Commission (CMVM). CMVM assesses the legality of the registration and incorporation of private equity funds and monitors their governance, activities and financial standing.
Regarding M&A activity and foreign investment, the main regulators are:
For foreign investment control, review is triggered if the potential purchaser is ultimately owned by an entity outside of the European Economic Area and also if the target assets are deemed “strategic assets” for the country (meaning the main infrastructure and assets assigned to national security or defence or to the rendering of essential services in the areas of energy, transportation and communications).
With regards to anti-trust, private equity backed companies are subject to merger control rules essentially in the same manner as corporates. Turnover and other relevant metrics are assessed at the level of the management entity (ie, taking into account the aggregate of the funds managed by the management entity).
Legal due diligence is common in M&A transactions in Portugal, especially when private equity sponsors are involved.
Due diligence is usually made on a “by-exception” or “red flag” basis (except when there are key contracts or other legal instruments upon which the target business is predicated, in which case the respective main legal terms are described).
Key areas include material agreements, licences and regulatory environment, corporate and intragroup relationships (services agreements, cash pooling, etc) and financing. Tax is naturally also a common concern (but often times is dealt with separately from the legal due diligence).
Vendor due diligence is often done in transactions where there is a private equity seller, mainly to (pre-emptively) resolve problems of a legal nature the target may have prior to sale and/or to get buyers up to speed on the company and to impose “fair disclosure” exceptions (regarding the conclusions in the report) on the sale and purchase documents.
Advisors involved in preparing the vendors due diligence reports are often asked to offer reliance to the reports to financing banks of the buyer. Buyers’ advisors typically also offer such reliance in their own reports (to banks and to insurance companies, in the latter case if warranty and indemnity insurance is procured for the transaction).
General disclosure to buy-side advisors is common, although not accompanied with reliance (except for financing banks and W&I insurance providers).
Most acquisitions by private equity funds are made via private sale and purchase agreements of equity participations in the target company. Asset sales occur less often, due to tax and legal structuring reasons.
When companies wish to divest an unincorporated part of their business they typically restructure the same in a prior moment through a carve-out process (notably demerger operations which can, under certain circumstances, rely on tax neutrality provisions and generally avoid consent from third parties such as customers and suppliers).
Court-approved schemes in insolvency or reorganisation proceedings have also gained popularity in distressed transactions, notably debt-equity swaps in real estate assets and related businesses (hospitality, logistics).
In terms of process, auction sales are becoming more common, notably in larger deals; by encouraging competition between potential bidders, auction sales typically make the transaction more seller friendly (through improvements in price, as well as more favourable terms in warranties and indemnities).
A typical private equity investment structure in Portugal involves a private equity fund, managed by a regulated management entity, which in turn incorporates a wholly owned special purpose vehicle to perform the acquisition (mostly for liability ring-fencing purposes).
The special purpose vehicle is then funded with equity from the fund (capital, quasi-equity contributions or shareholder loans) to perform the acquisition, and in larger deals bank financing is also procured.
Private equity deals are normally financed with equity or quasi-equity, from the private equity fund, and debt (depending on the size of the transaction, financing structure and type of assets involved).
To increase certainty from the seller side to receive the price, equity commitment letters are often requested from the private equity buyer’s structure, either from a corporate entity higher up in the fund’s chain of control or from the fund itself, more often in auction sales.
In what ownership is concerned, the level of equity participation of the private equity fund depends on the type and circumstances of the transaction: for example, in management buyouts and “growth” transactions typically funds hold a minority portion of the equity while in distressed transactions the fund will retain the majority or the whole of the entity’s capital.
Deals involving a consortium of sponsors in Portugal are not common; however, when the size of the target so demands we have seen consortia composed of private equity sponsors (notably in the purchase of a stake of 81% of Brisa and six hydro plants in the North of Portugal from EDP – the largest industry and utility in Portugal.
There are also fund managers who are exploring co-investment business models with unit holders (the parallel to the limited partners figure in the Portuguese environment, eg, institutional asset managers and “first tier” foreign private equity houses) in large deals.
In these cases, the fund will take a small participation (largely passive) in the acquisition vehicle which is majority owned by one or more of the unit holders of the fund.
Price adjustment mechanisms in M&A transactions (involving both private equity and corporates) usually have either locked box or completion account mechanisms. Fixed price transactions (ie, with no adjustment whatsoever) are not common.
Locked box mechanisms are being increasingly utilised due to their ease of use over the “completion accounts” mechanism (which entails the preparation of target accounts as of the date of closing, a process that is usually costly and time-consuming).
To protect the interests of buyers, private equity sellers agree not to, for instance:
This does not differ materially from deals where sellers are corporates.
Private Equity Buyers and Volatile Turnovers
Private equity buyers provide equity support/commitment letters as a way to provide surety to the seller that the price will be paid (and other eventual pecuniary obligations fulfilled). Parent company guarantees (which in theory offer a stronger protection vis-à-vis equity support instruments) or having the private equity fund entering the agreement as a joint and several obligor are situations which are not seen as often.
In transactions regarding businesses with volatile turnover and where management remains in the company (such as MBOs) earn-outs are many times agreed on by the parties to the transaction.
In locked-box structures, interest is usually charged on amounts classified as leakage, albeit not always.
It is typical to have an independent expert (indicated via a joint selection process of buyer and seller, and usually an international audit/consultancy firm, investment bank) determine leakage values in locked box models and cash/debt/change in working capital values in completion accounts models. Resolving such disputes through arbitration or judicial courts is far less common.
While 2020 is turning the tide on past years of seller friendly deals, conditionality in M&A transactions is still being frowned upon in Portugal, notably in an auction sale, because it reduces certainty of the deal in the execution for the seller.
Conditions other than those of a regulatory nature are not common, although sometimes third-party consents in key contracts (notably pre-existing financing arrangements or concession agreements) and prior corporate restructurings are included. Conditioning the transaction on obtaining financing is rare (and usually “prohibited” in auction sales’ process letters).
Sellers usually propose for such undertakings to be included in transaction documents, particularly in auction sales, again to increase certainty in execution; however, they are usually pushed back by the buyers with success, particularly private equity buyers with demanding financial return objectives (which could be hurt by divesting certain portfolio companies too soon) and which are often constrained in their investment mandates.
Break fees and reverse break fees are rarely used.
Termination rights are usually assigned to private equity seller, ie, if the closing of the agreement does not occur by the long stop date.
As for private equity buyers, they are typically allowed to terminate in the following cases:
In transactions where the seller is a private equity fund, the allocation of risk is typically shifted favourably towards it (in relation to a “corporate” seller). The main reason being that the private equity seller is constrained in the period in which it can be exposed to liability (as private equity funds are eventually dissolved and wound-up). This reduces the efficacy (and acceptability by the private equity seller) of long lists of warranties, extended warranty claims’ periods and indemnities.
In relation to the cases where the buyer is a private equity fund, there are no fundamental differences in risk allocation in relation to a “corporate” buyer: these will depend mainly on the economics and circumstances of the transaction.
Main limitations of liability for private equity sellers are those related to breach of representations and warranties in acquisition agreements (detailed in the next section), although such limitations (quantitative and time-wise) on liability will sometimes also apply to breach of other undertakings or covenants under the agreement by the seller.
Warranties provided by a private equity seller to a buyer on an exit are usually limited. “Fundamental warranties” on existence (of the seller and the target), capacity to enter into the agreement and share ownership are usually granted. “Business” warranties are more limited and reserved for certain key matters. Private equity sellers’ liabilities arising from breach of warranties are usually subject to caps in liability for breach of warranties, de minimis and basket provisions.
Contents of the data room and disclosure letters typically exempt seller from liability in the case of breach of warranties. This has an advantage for the buyer as well, as it precipitates disclosure of many issues that could otherwise be kept “under the radar”.
Typical quantitative limitations on liability include:
In turn, qualitative limitations in acquisition agreement usually include:
If a warranties and indemnities (W&I) insurance is contracted, however, these limitations will necessarily be different (ie, wherein the buyer acknowledges that it will not make a claim under the acquisition agreement and that limits to claim for breach of warranties will be made to the insurance company under the terms of the insurance policy, which in turn also includes its own limitations).
Besides warranties, other protections granted by a private equity seller in an acquisition agreement include interim period obligations (running the target in the ordinary course) and certain pre or post-closing undertakings (idiosyncratic to the transaction). Price retentions mechanisms also occur but indemnities are rarely provided.
With relation to W&I insurance, the same is an increasingly common feature in Portuguese PE transactions. Policy costs (which are relatively expensive) are usually borne by the buyer and cover a wide range of business warranties, based on the due diligence performed by the insurance company (which, in turn, takes into account the vendors due diligence and due diligence performed by the buyer). Common exclusions include pollution liability, pension underfunding, certain tax liabilities and sanctions.
It is not common for transactions involving private equity buyers or sellers to reach litigation (costs thereof, especially when arbitration is the mode of dispute resolution, acting as a relevant deterrent). Pre-litigation disputes usually revolve around (alleged) breach of warranties and the applicability of earn-out provisions (eg, discussing whether the respective earn-out events have been triggered or not).
Public to private transactions are not common in Portugal. To our knowledge, only one public to private (P2P) transaction has ever succeeded, which was the takeover of Brisa, the above-mentioned highway toll operator, by its reference shareholder and a private equity sponsor (Arcus).
Under the provision of article 16 of the Portuguese Securities Code, any person which reaches 2%, 5%, 10%, 15%, 20%, 25%, 33%, 50%, 66% and 90% of the voting rights of a listed company subject to Portuguese law (or reduces its level of voting rights below said thresholds) must, as soon as possible, and within a maximum period of four trading days after the occurrence of the fact or knowledge of the same:
The communication must discriminate:
Mere changes to the chain of attribution of voting rights must also be notified to CMVM and the target listed company.
A person which has over 33% or 50% of the voting rights of a listed company has the duty to launch a public tender offer over the entire share capital and other securities issued by such listed company which grant the right for their subscription or acquisition (Article 187 of the Portuguese Securities Code).
If a person exceeds only 33% of the voting rights of the listed company the obligation to launch a mandatory tender offer will not be due if the person which is bound by such obligation proves before CMVM it does not have control of the target company nor is in a group relationship with the target company.
The consideration offered in a mandatory offer must be the highest of:
Consideration in public tender offers may be made either in cash or in securities
Cash is usually the consideration of choice in tender offers, possibly due to the relative “shallowness” of Portuguese equity capital markets.
Common conditions to launch the offer included in the offer announcements include unblocking of voting limitations in the general shareholders meeting (when by-laws of the target include such voting limitations) and regulatory clearances.
Effectiveness of the offer (when the offeror seeks to obtain control of the target company) is usually subject to the condition of obtaining more than 50% of the voting rights in the offer.
It is not generally allowed under Portuguese law for a takeover offer to be conditional on obtaining financing given the fact that the buyer must have available funds to pay the full price resulting from the offer.
To ensure protection of the bidder in the offer, break fees have been referenced as way for the bidder to cover its costs should the offer not be successful. While not expressly prohibited under Portuguese law, break fees carry a considerable degree of risk for the target company’s directors, given that:
As a matter of law, bidders are also able to increase the price offered at any time, notably in the case of a competitive bid.
Outside of its shareholding, a person acquiring less than 100% in a tender offer can make use of the statutory squeeze-out procedure to acquire the entire share capital of the target.
If a purchaser (by itself or through related entities which voting rights are attributable to it) holds:
The consideration offered must be the highest of:
The offeror which intends to launch a squeeze-out procedure must immediately announce it and send it to CMVM to be registered. The offeror must also deposit the total consideration in a credit institution, at the order of the holders of the remaining shares.
The acquisition of the remaining shareholders under a squeeze-out procedure is effective from the date of publication, by the offeror, of the registration before CMVM.
Irrevocable commitments in tender offers, the negotiation of which occur prior to the announcement of the transaction, are not common in Portugal.
As care is usually taken for these commitments, which in principle are required to be disclosed, not to lead CMVM to consider voting rights of the committing shareholders to be attributed to the offeror (as that may trigger mandatory public offer thresholds) protections are sometimes included for investors to be able to accept competing offers or other types of exit.
As a matter of law hostile takeovers are admitted in Portugal and a few have been announced and launched.
However, to our knowledge there have never been unsolicited (and unsanctioned) tender offers by a private equity player to a Portuguese company.
Offering managers equity incentives/ownership is a common, but not inevitable, feature of private equity transactions in Portugal.
There is no standard to attribute management shares, and equity participations can range anywhere from residual (5%-10%) to significant (40%-49%). In certain management buyout transactions management will hold the majority of the share capital post-transaction.
Employee stock option plans (virtual or physical) are sometimes also used for the management and other relevant company employees.
Management are often attributed common shares with associated vesting provisions and the use of preferred instruments to management is not common.
Good leaver/bad leaver provisions, which qualify the circumstances in which managers cease holding participations or directorships/employment positions in the target, are usually included in shareholders agreements regarding the target, entered into between management and the private equity sponsor.
Good leaver provisions are triggered if managers are forced to depart from the company due to extreme circumstances outside of their control (such as a serious disease or injury). In turn, bad leaver provisions are triggered usually if managers exit the company without being considered good leavers.
Particularly in venture capital, vesting provisions (where management is prevented, through contractual means, from enjoying full ownership of the equity participations acquired/subscribed in the transaction) will also be included in the relevant shareholders agreement. The vesting period will run for a period of three to four years, with a one year cliff (ie, following which a certain percentage vests) and the other two to three years of “linear” vesting (of the remaining shares).
If the manager is deemed a bad leaver, private equity sponsors will be granted the right to purchase the former’s shares at nominal value. If, however, the manager parts ways with the company as a good leaver (and the agreement is negotiated in a balanced manner), private equity sponsors will usually be required (or have the right) to purchase managers’ shares at fair value.
Management shareholders frequently commit to non-compete and non-solicitation undertakings. These raise concerns from an employment law standpoint, restricting fundamental rights to work and for the pursuit of professional livelihood and, from a competition law standpoint, by stifling competition and, therefore, may be subject to limitations.
Statutory restrictions to non-compete clauses include:
Non-disparagement clauses, where managers agree not to publicly make negative statements regarding the company, are unusual.
Manager shareholders, when holding minority participations, are usually afforded contractual protections (in the transaction documents, notably shareholders agreements) to maintain the integrity of their investments.
First and foremost, managers will usually be entitled to be appointed to the company’s board of directors (with executive functions).
Veto Rights
Veto rights and legal pre-emption rights in share capital increases are common mechanisms used to avoid dilution of manager shareholders. Managers also hold veto rights (in both shareholders meetings and board of directors’ meetings) to prevent the private equity sponsor from unilaterally taking fundamental decisions regarding the company’s governance (eg, amending the by-laws), legal characteristics (eg, transform, merge or demerger the company) and strategy (eg, amending the business plan).
These veto rights are typically structured either around a shareholders' agreement (where the protection is contractual, and therefore enforceable only against the management’s counterparties) or through shares carrying special rights (where the protection is enforceable against the company and, therefore, company resolutions in violation of such “special rights” may be challenged on that basis).
When the private equity fund shareholder holds a majority participation in the target company, typical control mechanisms are provided under statute (notably the possibility to single-handedly appoint the members of the target’s corporate bodies –under Portuguese corporate law there is no statutory mechanism of proportional representation in the company’s management or audit bodies).
When the private equity fund shareholder holds a minority participation in the target company, board appointment rights in shareholders agreements (proportional or not) are common; other rights typically requested are: veto rights at the shareholder level in critical matters (eg, reorganisations, share capital increases and decreases), information rights (eg, rights to receive monthly information on accounts and KPIs) and exit rights (eg, pre-emption rights and tag-along rights, drag-along rights, etc).
A Portuguese company (extended to EU companies) that wholly owns another Portuguese company is responsible for compliance with the obligations of the subsidiary, both before and after the latter has been incorporated.
However, it is doubtful whether this provision is applicable to private equity funds vis-à-vis other companies (given that private equity funds are not incorporated and furthermore have a “proprietary” legal regime of their own that does not include a similar provision).
Nevertheless, there are (rare) cases where it would be conceivable (applying certain general civil law principles) for the legal personality of the portfolio company or special purpose vehicle incorporated for the acquisition to be disregarded and the “corporate veil pierced”. This requires proof of behaviour which is fraudulent or markedly against good faith principles.
Increasingly, sophisticated private equity fund managers with compliance policies are imposing the terms of the same on portfolio companies, notably with regards to anti-bribery and anti-money laundering, as a way for such fund managers to comply with the legal obligations they themselves are bound to.
Implementation of other policies (for instance, ESG focused) by private equity shareholders regarding their portfolio companies are rarer.
A typical holding period for a private equity investment would run anywhere from four to seven years before an exit occurs.
The most common forms of exit seen in 2020 thus far are trade sales and secondary sales to other asset managers. Write-offs also occur sometimes.
Initial public offerings and dual track processes initiated by private equity sponsors have not yet occurred in Portugal.
Drag along rights are typically included in investment documentation to ensure management and (often) other co-investors are required to sell if an exit opportunity arises.
Typical tag-along thresholds are 75% or more, however there are cases where the bar is lowered further still.
Typically, management shareholders enjoy tag-along rights when the private equity shareholder sells its stake.
A typical tag-along threshold is of 50%.
In Portugal there has never been an initial public offer promoted by a private equity seller (the only approximation was one venture capital backed firm having made a debut in an alternative trading exchange).
In other IPOs (not caused by a private equity exit, however) the Portuguese market where the sponsor retains a majority participation, relationship agreements are entered into between such dominant shareholder and the listed company to ensure dealings between the two entities are done in an arms’ length basis. | https://practiceguides.chambers.com/practice-guides/private-equity-2020/portugal |
Online Consumer Protection:
a Study on Regulatory Jurisdiction in Canada
Prepared for the Office of Consumer Affairs, Industry Canada
Roger Tassé, O.C., Q.C.
Maxime Faille
Gowling Lafleur Henderson LLP
Legal systems and rules are a reflection and expression of the fundamental values of a society, so to respect diversity of societies it is important to respect differences in legal systems. But if this is to work in our era where numerous transactions and interactions spill over the borders defining legal communities in our decentralized world legal order, there must also be a workable method of coordinating this diversity.
- Hunt v. T&N PLC, 4 S.C.R. 289, per La Forest J.
The unique nature of the Internet highlights the likelihood that a single actor might be subject to haphazard, uncoordinated, and even outright inconsistent regulation by states that the actor never intended to reach and possibly was unaware were being accessed. Typically, states' jurisdictional limits are related to geography; geography, however is a virtually meaningless construct on the Internet.
- Am. Libraries Assn. v. Pataki 969 F. Supp. 160 (S.D. N.Y.)
INTRODUCTION
1. The Legislative Context in Canada
Substantive Protections
Applicable Law
Conclusions regarding the Current Legislative Framework
2. The Constitutional Context in Canada
Constitutional Limits on Provinces' Power to Regulate Extra-Provincially
A Rigid Approach
The Modern Approach
Enforcement of Extra-territorial Judgments pursuant to Statute
Conclusions regarding the Constitutional Context
3. The Position in the United States
Federal Legislation
State Legislation
4. The Position in the European Union
5. Policy Options for Canada
Principles
Criteria
Mechanisms
Harmonization
Conclusions regarding Canadian Policy Options
RECOMMENDATIONS
INTRODUCTION
The benefits of e-commerce, for consumers and business alike, have been oft-recognized. The public policy trend in Canada, both federally and provincially, has been to encourage the growth of e-commerce, by modernizing a legal infrastructure created in an era of, and designed for, paper transactions, brick-and-mortar storefronts, and itinerant salesmen. Public policy also recognizes the dangers associated with electronic commerce, and to consumers in particular, and there are commensurate initiatives to seek to modernize consumer protection laws.
One of the distinctive characteristics of electronic commerce is its borderless nature. Although mail-order and telemarketing transactions have been employed for some time, the rise of electronic commerce has exponentially increased the number of cross-border transactions. International trade, once largely the preserve of businesses, has now come to the consumer.
The ability to market and sell products and services from a single site to an unlimited geographic market, and to do so at a low cost, is one of the great advantages flowing from online commerce. It is also one of the major challenges it poses to businesses, consumers and policy-makers.
From a consumer's perspective, transacting with a business situated outside one's jurisdiction raises the concern that the consumer may not benefit from the protection he or she has come to expect when purchasing something through more traditional means, within one's jurisdiction. Many businesses, on the other hand, are strongly opposed to the suggestion that they must be familiar with and expected to comply with a patchwork of regulatory schemes and varying requirements of all the jurisdictions in which their various clients or potential clients may be located. The result is legal uncertainty, for both consumers and businesses, undermining confidence in the Internet as a mode of conducting business.
For policy makers, the challenge is therefore to restore a measure of certainty to the marketplace, and to do so in a way that properly balances the interests of consumers and businesses. One of the key issues in this regard is developing a practicable and reasonably predictable set of rules to determine what jurisdiction's laws will apply to consumer contracts and what courts will have the authority to adjudicate and enforce disputes in this regard. This issue, in turn, may be sub-divided into two aspects, namely the private and the public. First, consideration must be given to what private law rules will apply to cross-border electronic consumer contracts, and what jurisdiction's courts will assert jurisdiction to determine parties' rights and obligations. Second, consideration must be given to what jurisdiction's public regulatory authority will apply in relation to cross-border business-to-consumer (B2C) transactions and activity.
For the purposes of this paper, the issue under review is referred to as "regulatory" or "prescriptive" jurisdiction. Prescriptive jurisdiction has been defined as "the authority of a state to make its law applicable to persons or activities."(1) Put simply: when a consumer in Manitoba is victimized by a vendor in Ontario, can Manitoba's consumer protection authorities apply the norms and investigative and prosecutorial powers under that province's Consumer Protection Act? If so, are those powers exercised through the Manitoba or Ontario courts? Should those powers be exercised at all, or should Ontario's Consumer Protection Act apply and be enforced directly by Ontario authorities? What are the legal and practical impediments to this and how can they best be overcome?
These questions have received relatively little attention in the literature and policy debates relating to e-commerce. While the literature on the jurisdictional challenges of e-commerce is voluminous, it is largely focussed on private law aspects of this issue, namely whose courts and whose laws will apply in relation to private disputes arising out of e-commerce. Yet the private law aspects of consumer contracts, while important, will often be quite academic: the value of consumer contracts, particularly those consummated over the Internet, tends to be quite small, while the cost of pursuing private lawsuits is high. Even on-line Alternative Dispute Resolution may be a losing investment for an aggrieved consumer. Questions of where proceedings may be brought and whose law applies will, as a result, not often arise.(2)
The low value of most e-commerce transactions is, however, likely reflective of consumer apprehension vis-à-vis this new shopping medium.(3) Concomitantly, the ability of B2C e-commerce to grow - in value and in volume - will no doubt depend in substantial part on the experience consumers have with those lower-value purchases. It is therefore critical that the experience be a happy one for as many consumers as possible, if confidence in e-commerce is to increase.
Given that consumers' remedies in relation to e-commerce problems will often amount to Phyrric victories even where successful, consumer protection authorities may have a particularly important role in ensuring that fair business practices are being followed online, and in imbuing consumers with the sense that they can practice safe e-shopping. As stated by the Australian Federal Bureau of Consumer Affairs, "The successful enforcement of laws relating to trading practices and fraud is crucial to establishing a favourable environment in which consumers can do business."(4)
It is hoped that this paper can also contribute to the discussions on these important topics by focussing on another neglected aspect of these broader issues, namely their application to Canada's federal system of government. Pursuant to its mandate, and while informed by the broader international context, the paper is largely devoted to discussion of regulatory jurisdictional issues within Canada as between the Canadian provinces and territories.<hrdata-mce-alt="1. The Legislative Context in Canada" class="system-pagebreak" title="1. The Legislative Context in Canada" />
1. The Legislative Context in Canada
Substantive Protections
The existing legislative framework relating to consumer protection consists of a host of federal and provincial statutes. Federally, the primary instrument relevant to consumer protection is the Competition Act, which prohibits misleading advertising and deceptive marketing (including telemarketing) practices, as well as regulating multi-level marketing plans, pyramid schemes, double-pricing and other practices that are offensive to fair competition among businesses and to the interests of consumers. In addition to the Competition Act, the Criminal Code, the Food and Drugs Act and the Trade-Marks Act all contain provisions that are designed to, or have the effect of, ensuring consumer protection from false advertising, fraud and similar practices.
The provinces have enacted such legislation as Sales of Goods Acts, Consumer Protection Acts, Unfair Business Practices or Fair Trading Acts, Direct Sales Acts, Prepaid Services Acts, and Unconscionable Transactions Acts. Many provinces also have legislation dealing with credit transactions, as well as sector-specific legislation (including in the areas of travel agencies, motor vehicle sales, real estate agents etc.) that provide additional consumer protection. Legislation generally provides for both private law rights - such as contractual warranties, writing requirements, and rights of rescission - as well as regulatory prohibitions of proscribed practices and commensurate regulatory investigative and enforcement powers. This study focusses on the latter, "public law" or regulatory matters, and, in particular, the jurisdictional issues that arise within Canada.
A comprehensive review of these statutes is beyond the scope of this study. It is fair to say, however, that there are significant disparities in the scope and protection afforded across Canada.(5)
Applicable Law
While contractual terms allow parties to identify the applicable law governing a contract through a "choice of law" clause, such clauses cannot have the effect of ousting regulatory authority of state actors in relation to proscribed conduct such as unfair business practices, misleading advertising and fraud.(6) The reach of a public statute regulating conduct is largely a legislative matter, within the limits of the Constitution, and as ultimately interpreted by the Courts.
In this regard, consumer protection laws in Canada are generally not drafted in such a way as to limit their application to either the protection of consumers within the province or to the regulation of businesses/vendors within the province. The recent Electronic Sales Contract Regulation under the Alberta Fair Trading Act,(7) is specific in its broad scope. It provides, for example, that it applies to:
(a) a contract in which the supplier or consumer is a resident of Alberta;
(b) a contract in which the offer or acceptance is made or is sent from Alberta.
Similarly, Saskatchewan's Consumer Protection Act(8) specifically provides that its authorities may take authorized action "against a supplier in Saskatchewan on behalf of a consumer where the unfair practice occurred outside Saskatchewan."(9) Section 69 of the Saskatchewan Act also specifically provides that its "consumer products warranties" provisions and the private remedies provided for therein apply to consumers who buy or use consumer products purchased in Saskatchewan and to manufacturers, retail sellers or warrantors "who carry on business in Saskatchewan,"(10) and that they are subject to the jurisdiction of the courts of that province.
Quebec's Civil Code provides that the applicable law to a consumer contract is generally that of the "place where the consumer has his residence," but allows parties to designate their choice of law by contract. However, Article 3117 also provides that a consumer cannot be deprived of "the protection to which he is entitled under the mandatory provisions of the law of the country where he has his residence" subject to certain limitations. Thus, while general contractual matters in a consumer contract may be governed by conflict of law rules, the protections afforded by the consumer protection laws of the consumer's jurisdiction cannot be waived.(11)
In most cases, the relevant laws are silent as to their reach. In such cases, it falls to the courts to determine whether or not, as a matter of statutory interpretation, the legislation was intended to apply to conduct outside the jurisdiction but having effects within the jurisdiction and/or to conduct originating within the jurisdiction but having effects beyond its borders.(12)
In this regard, it appears likely that courts will be willing to apply provincial consumer protection laws both (1) where the affected consumer is within the province and the offending vendor or marketer is outside the province, and (2), conversely, where the affected consumer is located outside the province and the offending vendor or marketer is located within the province.
Indeed, even where, as in British Columbia, the relevant legislation contains some wording that might suggest that the law is territorially confined, the courts may not readily limit the application of its protections and prohibitions. For instance, in Director of Trade Practices v. Ideal Credit Referral Services Ltd.(13), the British Columbia Court of Appeal ruled that the province's Director of Trade Practices could seek an injunction against a corporation registered in and operating from British Columbia, in relation to an "advance fee loan" scheme directed at residents in the United States and whose victims were apparently all Americans. The advertisements promised consumer and business loans in spite of bad credit history or prior bankruptcy but required a $300 processing fee. In most cases the loan applications were rejected. Injunctive relief against the defendants was sought under B.C.'s Trade Practice Act. The defendants argued that the B.C. legislation only applied in relation to matters that involved consumers "in the Province" (a phrase used in the remedy provisions), and that to apply it in relation to U.S. consumers was to give the law improper extraterritorial effect.
The Court rejected that defence, and ruled that the "pith and substance" of the legislation was directed at prohibiting certain proscribed activities or engaging in deceptive or unconscionable acts or practices. As such,
...the legislation is not being given extra-territorial application if it is applied in the Province to prohibit acts of engaging or participating in deceptive or unconscionable acts or practices in the Province, in relation to transactions or practices in the Province, in relation to transactions defined by the Act as "consumer transactions," wherever they occur.(14)
Historically, there has been a legislative presumption against the extra-territorial application of public law statutes, as a matter of statutory interpretation. This is based on a historical concern not to infringe on the sovereignty of other states (or provinces) by purporting to regulate conduct that occurs wholly within the boundaries of another jurisdiction. As noted by La Forest J. in R. v. Libman:
It took some time before English criminal law became sufficiently developed to deal with more sophisticated methods of getting the gullible or unwary to part with their property, by means of false pretenses for example. And it was later still, in the late 19th century following the organization of postal, telegraph and telephone systems that practitioners of this gentle art of persuasion were able to extend their talents to the international plane.(15)
At that point, His Lordship notes, the law began to develop and the courts began to eschew rigid principles of territoriality. Initially, the courts began to develop various tests for the application of criminal laws (generally in the area of fraud and misrepresentation), based on shifting, divergent and often contradictory principles to fit the needs of each case: in some instances, the place where the act was planned or initiated would establish jurisdiction. In others, the touchstone was where the effect of an offence was felt, where it was initiated, where it was completed, or where the "gravamen," or essential element, of the offence took place.(16)
The modern approach, however, recognizes that governmental authorities have a legitimate interest in regulation and enforcement in relation to activities that take place abroad but have an unlawful consequence within their jurisdiction, as well as in activities that take place within their jurisdiction but have unlawful consequences elsewhere. In Libman, the Supreme Court summarized the modern approach to territoriality thus:
...all that is necessary to make an offence subject to the jurisdiction of our courts is that a significant portion of the activities constituting that offence took place in Canada. As it is put by modern academics, it is sufficient that there be a "real and substantial link" between an offence and this country, a test that is well-known in public and private international law.(17)
Although a case derived from the criminal law, it is clear that the principles in Libman have equal application to quasi-criminal and regulatory matters.(18)
Quebec's Civil Code provides detailed conflict of law rules and, in this regard, establishes the general rule that "Quebec authorities have jurisdiction when the defendant is domiciled in Quebec."(19) The Code also provides that Quebec authorities may hear matters even in the absence of jurisdiction if the matter has a "sufficient connection with Quebec" and where proceedings cannot be instituted elsewhere, or it would be unreasonable to require that they be instituted elsewhere (article 3136). Provision is also made under the Code for Quebec authorities to grant interim or "conservatory" relief, even where the authority has no jurisdiction over the merits of a particular dispute (article 3138) and for measures to be taken by Quebec authorities "as they consider necessary for the protection of the person or property of a person present in Quebec," in cases of urgency (article 3140). Although this regime has elements of the "real and substantial connection" test applicable in common law jurisdictions, it appears that a more stringent test applies where the defendant is not resident in Quebec; in such cases, it must also be established that it would be impossible or unreasonable for proceedings to be held in another jurisdiction.
Conclusion regarding the Current Legislative Framework
The current Canadian legislative framework, therefore, lends itself to unequal protection and legal uncertainty for consumers and businesses alike as to what province's legislative jurisdiction will apply to a given transaction or practice.
The application of regulatory laws to cross-border transactions is in any context often difficult, and can be particularly so when attempted to be applied to online conduct. Reference to territory and location are inevitably problematic on the Internet, due to has been called that medium's "geographic indeterminancy."(20) However, many commentators have pointed out, the difficulty is not insurmountable. Although connectivity and transmission of data may take place within multiple jurisdictions, and computer servers on which information is hosted or from which it emanates or is received may be located separate from the actual parties to a particular dispute, the parties themselves ultimately are always located in some real, territorially-defined location. Difficulties in ascertaining that particular location, in general or at any particular time, do create practical obstacles. These difficulties can not, however, either legally or practically justify abdication of regulators' role and authority to protect consumers within their jurisdiction.
Clearly, the "real and substantial link" test for the proper assertion of prescriptive jurisdiction will often result in more than one, and perhaps many, jurisdictions being capable of properly asserting authority over conduct that has effects in more than one jurisdiction. It is this fact that suggests the need for clearer prescriptive jurisdictional rules. It should be noted, however, that there is no need, and it would probably be undesirable and perhaps unconstitutional, to establish rules that will strictly determine what jurisdiction's authorities are capable of asserting jurisdiction in relation to a particular matter. Rather, the preferred approach is to come to a common understanding of determining which, of the authorities that are capable of asserting jurisdiction, will in fact do so, and which authorities will defer to the other, given a particular set of facts.
Furthermore, there may be circumstances in which limiting different authorities' jurisdiction may not be appropriate. The Supreme Court in Libman recognized that, in applying so broad a basis for prescriptive jurisdiction, there was a danger that individuals could be subjected to multiple prosecutions in multiple jurisdictions for the same acts. In R. v. Van Rassel, however, the Supreme Court noted that the general rule that a person should not be liable twice for the same delict or action does not apply to offences involving different victims. In that case, an R.C.M.P. officer and member of an international drug enforcement team was arrested in Florida on charges of soliciting and accepting bribes for information given to him by U.S. authorities, and was charged in Canada with breach of trust in relation to the same incident. The Supreme Court noted that there were "multiple victims" affected by his conduct, in that the officer "had a general duty of loyalty to the Canadian people and a temporary duty of loyalty to the United States, based on the trust placed in him."(21)
Similarly, it is clear that multiple jurisdictions may have a legitimate interest in regulation and enforcement of conduct that involves victims within each of their respective jurisdictions.<hrdata-mce-alt="2. The Constitutional Context" class="system-pagebreak" title="2. The Constitutional Context" />
2. The Constitutional Context
Attempts to rationalize and harmonize the means of determining legislative jurisdiction must, of course, be consistent with the Canadian Constitution. Because the issues under review concern cross-border transactions and practices, this raises the fundamental question of the provinces' extra-territorial competence. Succinctly put, the Canadian Constitution, in theory, may limit the provinces' ability to make laws of extra-territorial effect.(22) As will be seen, however, those limits are likely more perceived than real under the modern approach to this issue. Nevertheless, consideration of this issue must inform policy decisions relating to the provinces' attempts to streamline the application of consumer protection laws to cross-border activity.
Constitutional Limits on Provinces' Power to Regulate Extra-provincially
The proposition that provinces are limited in their ability to make laws that have extra-territorial effect arises from the wording of the Constitution Act, 1867, the terms of which impose a territorial limitation on the provincial legislatures' legislative authority: sections 92, 92A, 93 and 95 all open with the words "in each province," and many of the classes of subjects listed under s. 92 as being within provincial legislative jurisdiction are limited by the words "in the province" or "within the province"(23) This limitation has also been recognized in the case law although, as will be seen, there has been an evolution from a more rigid to a more flexible standard.
A Rigid Approach
One of the early cases to recognize a constitutional limit on the provinces' power to legislate in a way that affected rights outside the province was Royal Bank of Canada v. The King, A.C. 283, in which the Privy Council struck down an Alberta law which had purported to expropriate the proceeds of a bond issue made by an English railway company. The Court held that the effect of the legislation was to preclude bondholders from pursuing a right of recovery in Quebec, where the Court found the proceeds of the bond to be held. The Court ruled that the statute was not confined to property and civil rights within Alberta and not"solely" directed to matters of a merely local or private nature within the province, and that it purported to affect a "civil right outside the province." As such, it was constitutionally impermissible and ultra vires the authority of the Alberta legislature.
Similarly, in Credit Foncier Franco-Canadien v. Ross, D.L.R. 365 (Alta. A.D.), a depression-era Alberta statute designed to reduce or eliminate interest payable on certain debts was ruled invalid because it affected creditors outside Alberta. This reasoning was also applied in Beauharnois Light, Heat and Power Co. v. Hydro-Electric power Commission, O.R. 796 (C.A.), in which the Ontario Court of Appeal found invalid an Ontario statute that sought to cancel a contract between Ontario's power commission and a Quebec power company. Although the contract was made in Ontario, the statute was found to run afoul the Constitution by "affecting" rights outside Ontario.
This reasoning is obviously highly problematic in terms of ensuring cross-border consumer protection: arguably, if a provincial statute purports to regulate a cross-border consumer contract it would likely be found to run afoul the Constitution. If the law purports to extend protection to the consumer within the jurisdiction, it would clearly affect the contractual and property rights of the vendor located outside that jurisdiction. Conversely, if the law seeks to regulate a vendor within the jurisdiction of the province that enacted it, it could be found to extend protection to consumers outside the province and likewise be beyond the legislature's territorial competence. As Professor Hogg notes, "These cases suggest that provincial modification of debt or other contractual rights is effective only if both parties to the contract are resident within the province."(24)
Some of the caselaw in relation to provincial public welfare/regulatory statutes also gives pause. In Interprovincial Cooperatives v. The Queen, 1 S.C.R. 477, the Supreme Court of Canada struck down a Manitoba law that purported to create a right of action against extra-provincial companies whose contamination of rivers flowed into Manitoba, causing damage in Manitoba. For three of the Justices in the majority, the fact that the introduction of pollutants into the rivers occurred outside Manitoba rendered that province powerless to regulate. The majority rejected the minority's view that the legislation ought to be upheld since its main purpose was to redress injury suffered in Manitoba. Again, this line of reasoning presents an ominous obstacle to the regulation of cross-border transactions, in suggesting that the protection of residents within a province from harm initiated outside the province is constitutionally impermissible.
The More Modern Approach
There is, however, a contrasting line of cases which suggests a much less rigid approach to limiting the provincial legislatures' extra-territorial competence, and it would appear that the case law in recent years supports a growing trend in this direction.
In Ladore v. Bennet, A.C. 468, the Privy Council upheld an Ontario law amalgamating four municipalities and created the city of Windsor. The Court accepted as constitutionally permissible the fact that the legislation retired the former municipalities' debts and vested creditors (including those situated outside the province) with debentures at a lower rate of interest. The approach taken in this case, and later endorsed by the Supreme Court of Canada in the Upper Churchill Water Rights case(25), appears to be to permit the incidental impairment of rights outside the province where the "pith and substance" of a statute relates to matters within the province and within a class of subjects assigned to the provincial legislatures under s. 92 of the Constitution Act, 1867, and so long as extra-provincial effects of the statute are merely "collateral or incidental." Likewise, in The Queen v. Thomas Equipment, 2 S.C.R. 529, a New Brunswick supplier of farm equipment that had sold machinery to an Alberta retailer was held to be bound by an Alberta law that required the company to buy back unsold stock at the termination of the supply agreement. The decision of the majority is instructive, in ruling that the New Brunswick company's deliberate decision to supply the Alberta market resulted in the supplier being subjected to the "rules of the game" in force in Alberta. Such an analysis would similarly support the assertion of jurisdiction by a provincial legislature over extra-provincial merchants who deal with consumers within the province. In A.G. (Quebec) v. Kellogg's Co., 2 S.C.R. 211, the majority of the Supreme Court, albeit in obiter, endorsed the notion that provincial consumer protection laws may extend beyond a province's borders to regulate conduct that originates outside the province.(26)
Likewise, it also appears clear that provinces can regulate businesses within their borders in relation to activities having their effects on consumers outside the province. Analogy can be drawn, in this regard, to cases upholding provinces' ability to discipline or regulate professionals within the province in relation to conduct that occurred outside the province: see Re Underwood McLellan & Associates and Ass'n of Professional Engineers of Saskatchewan (1979), 103 D.L.R. (3d) 268 (Sask. C.A.).
Finally, it should be noted that it has been suggested that provincial regulation of cross-border electronic commerce could be regarded as a matter relating to interprovincial or international trade and commerce, a matter of exclusive federal jurisdiction pursuant to s. 91(2) of the Constitution Act, 1867. However, the federal power over interprovincial trade has received a restrictive interpretation. As confirmed by the Labatt Breweries v. A.G. Canada, 1 S.C.R. 844, for instance, the imposition of standards without regard to movement across provincial boundaries is not sufficient to permit federal exercise of jurisdiction. The ability of provinces to enact in a way that has extra-provincial effects has, as seen, been regarded as fairly wide.
Based on the above, it would appear that the application of provincial consumer protection law to conduct that either affects or originates in another province is a matter within provincial jurisdiction, and having only permissible, incidental effects on interprovincial trade and commerce.
Enforcement of Extra-territorial Judgments pursuant to Statute
It is important to distinguish between the power to legislate extra-provincially and the power to enforce a provincial statute or judgment extra-provincially through extra-provincial courts. The ability to legislate extra-provincially remains, in theory, constitutionally impermissible, although the rule is applied in such a way as to permit incidental extra-territorial effects of an otherwise permissible provincial statute. Similarly, early jurisprudence limited the provinces' courts to adjudication of matters within the territory of the province. The law has now evolved such that it is sufficient that there be a "real and substantial connection" to the province's court for it to be able to assert jurisdiction in relation to a matter.(27) Likewise, it is clear that the courts in one province may be used to enforce judgments rendered in another province.(28)
Historically, however, there is an important legal distinction to be drawn between enforcement of foreign judgments in relation to private matters (e.g., torts and contractual matters), and foreign judgments in enforcement of certain public-law "foreign" statutes. The latter has traditionally been viewed as inimical to state sovereignty. Put at its highest, the principle stands for the proposition that the courts "have no jurisdiction to entertain an action: 1. For the enforcement, either directly or indirectly, of a penal, revenue or other public law of a foreign state" (Dicey & Morris, The Conflict of Laws, 12th ed. (London: Stevens & Sons, 1993).
Thus, in New Zealand (A.G.) v. Ortiz, A.C. 1 (C.A.), Lord Denning M.R. held that the English courts could not enforce a New Zealand statute providing for the forfeiture of "historical articles" exported or attempted to be exported from New Zealand to the United Kingdom, allegedly in violation of the statute. The learned judge relied on "the principle that laws will not be enforced if they involve an exercise by a government of its sovereign authority over property beyond its territory."
The precise class of foreign laws that fall within the category of those that will not be enforced locally has been the object of considerable judicial debate. In A.G. v. Heinemann Publishers Australia Pty. Ltd (1988), 165 C.L.R. 30, the High Court of Australia noted that the question of "whether the principle extends to proscribe enforcement of foreign public laws as well as foreign penal laws has been a contentious question."
The leading case in Canada is Laane v. Estonian State Cargo & Passenger Steamship Line, S.C.R. 530, in which the Supreme Court of Canada refused to give effect in Canada to an expropriation decree of the Estonian Soviet Socialist Republic purporting to expropriate an Estonian ship that had run aground in Canada.
Just as the principle that foreign civil judgments would not be enforced in courts was initially imported into Canadian confederation to preclude enforcement of judgments as between sister provinces, so too was the principle against enforcing "foreign" penal, revenue or "other public laws" initially held to apply within Confederation. In De Savoye v. Morguard Investments, the Supreme Court of Canada definitively rejected the premise that Canadian "sister provinces" be treated as foreign states as between one another in the context of the enforcement in one province of civil judgments obtained in another. Similarly, the "penal, revenue and other public laws" of another province are unlikely to continue to be regarded as "foreign" and therefore unenforceable in another province. So long as the extra-provincial statute sought to be enforced was properly applicable to the matter (and subject to the limitations of extra-territoriality discussed above), and so long as judgment was properly obtained, the extra-provincial courts are likely to give such judgments "full faith and credit," to use the American constitutional parlance, and to enforce them.
Furthermore, the rule against enforcement of foreign penal, revenue or public laws itself appears to have lost much of its force and breadth, and would not appear to apply generally to enforcement of all "public laws," broadly defined, even in the case of truly "foreign" laws. Indeed, Canadian courts have enforced truly "foreign" public laws, and the rule appears to be confined to a refusal to enforce foreign laws that are inimical to Canadian public policy. Thus, in United States of America v. Ivey,(29) the Ontario courts enforced a judgment obtained by the United States of America against a Michigan defendant to recover environmental clean-up costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 1980 42 U.S.C., s. 9607(a). The case also re-affirmed the principle that the greater severity of the U.S. law, procedurally and substantively, than that of the equivalent legislation in Ontario, did not act as a defence to enforcement of the harsher U.S. law by Ontario's courts. Courts will enforce foreign judgment even if they are contrary to local law. Courts will only refuse to enforce foreign judgments on grounds of public policy "where fundamental values are at stake."
A similar result was attained in Quebec, in Auerbach v. Resorts International Hotel Inc, R.J.Q. 302 (C.A.), in which the Court ruled that a gambling debt incurred in a jurisdiction in which gambling was permissible could be recovered in Quebec by way of exemplification of judgment.
Based on this trend in the case law, therefore, it appears likely that a court having a "real and substantial" connection to a matter can be used to enforce an extra-provincial judgment arising from the enforcement of an extra-provincial regulatory statute.
The principle that permits the courts of one province to assert jurisdiction in relation to a matter to which the province has a "real and substantial connection" has, in fact been elevated to a constitutional principle.(30) Although this widens the power of the aggrieved party and of provinces to enforce more broadly, this constitutional elevation of the principle also operates to impose constitutional restrictions on the ability of a province to preclude the courts of another province from adjudicating matters. As summarized by Professor Hogg, the jurisprudence stands for the principle that
No province [has] the power to deny citizens of other provinces their normal rights of access to their own courts to resolve the disputes that would inevitably arise out of interprovincial activity. No province [has] the power to insist, in effect, that its residents be sued only in the courts of their own province.(31)
Conclusions regarding the Constitutional Context
Possible constitutional limitations on the ability of provinces to exercise regulatory authority over cross-border activity must continue to be borne in mind in developing a coherent jurisdictional policy framework. In this regard, however, we are in agreement with Professor Hogg, when he notes as follows:
The general rule of constitutional law is that a law is classified by its pith and substance, and incidental affects on subjects outside jurisdiction are not relevant to constitutionality. No one would quarrel with the proposition that a provincial statute whose pith and substance is the destruction or modification of a right outside the province must be unconstitutional. But where the cases go wrong, as it seems to me, is in refusing to recognize that a statute whose pith and substance in a matter inside the province may incidentally destroy or modify rights outside the province.(32)
For the purposes of both legislating and enforcing, therefore, the touchstone principle in relation to prescriptive jurisdiction that has emerged in Canadian law appears to be the existence of the "real and substantial connection." Although some of the factors in determining whether a "real and substantial connection" exists for the purposes of prescriptive jurisdiction will differ from those relevant to private law jurisdictional issues (choice of law, forum and personal jurisdiction), the underlying premise is essentially identical.<hrdata-mce-alt="3. The Position in the United States" class="system-pagebreak" title="3. The Position in the United States" />
3. The Position in the United States
Federal Legislation
As in Canada, prescriptive jurisdiction is essentially a matter of statute and its interpretation:
Unlike personal jurisdiction, venue, and choice of law, which are defined largely by constitutional constraints and decisional law, jurisdiction as it refers to the substantive authority of a state or federal agency is largely a creature of legislative design.(33)
Federally, U.S. anti-trust laws provide a broad base for assertion of jurisdiction, which permit jurisdiction over foreign activities that have "a direct, substantial, and reasonably foreseeable effect" on commerce in the United States.(34)
The general position in the United States in its foreign relations law, however, is that a state has extra-territorial regulatory jurisdiction in relation to "conduct outside its territory that has or is intended to have substantial effects within its territory,"(35) so long as the exercise of jurisdiction is "reasonable," a test that is quite similar to the "real and substantial connection" test applicable in Canada.
The "reasonableness" of the exercise of jurisdiction, in turn, depends on a number of factors, including:
- the extent to which the activity takes place within the territory, or has substantial, direct, and foreseeable effect upon or in the territory of the regulating state;
- whether the person or thing sought to be regulated is present within the state;
- connections between the regulating state and the person responsible for the activity in question or those the exercise of prescriptive jurisdiction is designed to protect;
- the importance of the regulation to the regulating and other states;
- the reasonable expectations of parties affected;
- consistency with international traditions;
- potential conflicts with other states.(36)
State legislation
A number of U.S. states have attempted to assert prescriptive jurisdiction, as well as apply their laws, extra-territorially in relation to activity on the Internet. Some U.S. regulatory authorities, for instance, have taken the position that their jurisdiction is broad, covering anyone and any activity that results in information being made available to their residents. In Minnesota, for instance, the state attorney-general's website provides a "Warning to All Internet Users and Providers," as follows:
Persons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of state criminal and civil laws.(37)
Likewise, the California Business and Professional Code(38) requires vendors, who offer goods or services in that state, by Internet or other means, to ship merchandise or issue a refund within 30 days. The law also contains certain disclosure requirements applicable to Internet vendors "when the transaction involves a buyer located in California."
Some states have been successful in enforcing their statutes extra-territorially in relation to Internet activity. Authorities from the state of Missouri, for instance, successfully obtained an injunction in relation to online gambling against a company registered in Delaware, with its primary place of business in Pennsylvania, whose gambling website was operated by a subsidiary in Grenada. The injunction prohibited the company from marketing its gambling services in Missouri, and both the company and its president were indicted by a state grand jury when the company failed to comply with the injunction.(39)
As in Canada, however, the U.S. Constitution provides certain constraints on the 50 states' extra-territorial application of their laws. These limits arise from the "Due Process" clause in the Fourteenth Amendment (which provides that no state shall "deprive any person of life, liberty, or property, without due process of law"), and the "Full Faith and Credit" clause in Article Four of Section One, which provides as follows:
Full Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Edinger(40) has cited the following passage from Reese which neatly summarizes the effect of both clauses on the extra-territorial application of state law:
The command of due process is essentially negative; it forbids a state from applying its own law, or even the law of another state, in situations where no reasonable basis exists for doing so. On the other hand, the command of full faith and credit is affirmative; it compels a state in certain circumstances to entertain suit on a sister state claim and in other circumstances to apply the law of a given state even though the law of two or more other states could permissibly be applied under due process.
In essence, these clauses provide a minimum threshold which State laws must satisfy in order to be applicable, namely, there must be a nexus between the State concerned and the factual situation. Absent this nexus, a State may not apply its own laws.(41) The connection must also be one that is foreseeable for the party over whom jurisdiction is sought: there must, in this regard, be "some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum state, thus invoking the benefits of its laws."(42)
In Pennoyer v. Neff, 95 U.S. 714 (1878), one of the earliest American cases to address the extra-territorial application of state laws, the Court observed that a state would act arbitrarily and in contravention of the "Due Process" clause if its laws were applied to persons residing outside that state without any connection thereto. Subsequently, the United States Supreme Court had opportunity to comment upon the application of extra-territorial application of state laws in Allstate Insurance Co. v. Hague, 449 U.S. 302 (1981) wherein it remarked:
In deciding constitutional choice-of-law questions, whether under the Due Process Clause or the Full Faith and Credit Clause, this Court has traditionally examined the contacts of the State, whose law was applied, with the parties and with the occurrence or transaction giving rise to the litigation . . . In order to ensure that the choice of law is neither arbitrary nor fundamentally unfair, . . . the Court has invalidated the choice of law of a State which had no significant contact or significant aggregation of contacts, creating State interests, with the parties and the occurrence or transaction. (at 308)
Thus, the primary consideration is not the physical location of persons or transactions, but rather, whether a State has an interest in applying its laws to the persons or transactions in question. That is not to say that physical presence within a State is not an important factor, only that the absence of such physical presence will not be determinative.
In addition to the foregoing clauses, the so-called "dormant" commerce clause in Article One of Section 8 of the American Constitution provides a further restraint on the extra-territorial application of State laws in so far as it prevents a State from unduly impeding the free flow of commerce across State lines by extending its laws unreasonably to out-of state conduct. Thus, in American Librairies Association v. Pataki,(43) the Court struck down a New York law that purported to forbid indecent communications in that state. Applying long-standing constitutional principles in relation to interstate commerce, the court found that the law sought to regulate communications that occurred entirely outside the state, and thereby imposed a burden on intestate commerce that was "disproportionate to the local benefits." The court also noted that the effect of the legislation was such that "a single actor might be subject to haphazard, uncoordinated, and even outright inconsistent regulation by states that the actor never intended to reach and possibly was unaware were being accessed."(44)
The legal principles of "due process" and "full faith and credit" in the United States are strikingly similar to the prevailing constitutional principles in Canada,(45) while the approach to interstate commerce appears to create significantly greater restrictions on U.S. states' ability to legislate extra-territorially than is the case with respect to the Canadian provinces.<hrdata-mce-alt="4. The Position in the European Union" class="system-pagebreak" title="4. The Position in the European Union" />
4. The Position in the European Union
Prescriptive jurisdictional rules in Europe are likewise defined by statute - indeed, all the more so, given the civil law tradition of most European states. In this regard, as in Canada and the U.S., effects within the sovereign territory of a state provide a basis for the assertion of prescriptive jurisdiction, as demonstrated by the French Yahoo case,(46) in which one French court asserted French prescriptive jurisdiction over an online auction by Yahoo Inc. of Nazi-related items on the yahoo.com (but not the yahoo.fr) site, although another French court declined jurisdiction on the same facts.
The European Union has been at the forefront of developing rules relating to jurisdictional issues in the context of e-commerce. Undoubtedly this is facilitated by the existence of a treaty-based regime integral to the development of the Single Market, a regime that, perforce, has long provided for resolution of jurisdictional matters. The primary instruments in the civil or private law context in this regard have been the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, which deal with jurisdiction to adjudicate matters as well as with the enforcement of extra-territorial judgments, and the Rome Convention on the Law Applicable to Contractual Obligations. The latter determines which state's substantive law shall be applied in cross-border disputes. While these conventions deal primarily with matters of private law, the Rome Convention, in particular, has an impact on what regulatory regimes apply to consumer contracts. The criteria used under both the Brussels and the Rome Conventions are, in any event, informative in devising a workable regulatory jurisdictional regime in Canada.
Under the Brussels Convention, the location of the impugned conduct is a particularly relevant factor for assertion of personal jurisdiction over an individual located outside his or her state of residence. A person may be sued in a country that is not his or her normal place of residence, in matters of contract, in the courts of the "place for the performance of the obligation in question," and, in matters of tort, delict or quasi-delict, in the courts of "the place where the harmful event occurred."(47)
The Rome Convention on the Law Applicable to Contractual Obligations provides a template in the European Union for determining the circumstances in which a contractual "choice of law" provision is precluded from "depriving the consumer of the protection afforded by the mandatory rules of the law of the country in which he has his habitual residence." The Rome Convention provides that this protection is extended in any of the following cases:
- If the conclusion of the contract was preceded by either (1) a specific invitation to the consumer or (2) by advertising, in the consumer's country of habitual residence; or
- If the vendor or his agent received the consumer's order in the consumer's habitual place of residence; or
- If the contract is for the sale of goods and the consumer travelled from his country of habitual residence to another country, and the consumer gave his order in that country, provided the consumer's journey was arranged by the seller for the purpose of inducing the consumer to buy.
(See Article 3117 of the Quebec Civil Code, which contains a strikingly similar rule).
Excluded from the operation of the provision are contracts of carriage and contracts for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence.
The European Union has attempted to better adapt the Rome Convention principles to the electronic age. For instance, the European Commission has declared that electronic marketing via e-mail constitutes a "specific invitation" to an individual and thereby ensures that the "mandatory laws" of the consumer's habitual country of residence will apply, even if other aspects of the contract are governed by the law of the vendor's jurisdiction.
A Green Paper on the law applicable in relation to non-contractual obligations (known as "Rome II") is currently being developed within the Directorate-General for Justice and Home Affairs. Publication of this document is expected in the autumn of 2001. Until recently, it has been presumed that Rome II would adopt and apply the principle that the law of the consumer/victim's habitual country of residence would apply.(48) However, criticism from the business community has opened the door to a reconsideration of this approach.(49)
The competition/anti-trust law in the European Union adopts a similar test to that employed in both the United States and, to a lesser extent, Canada: pursuant to the prevailing "implementation test," jurisdiction over anticompetitive conduct depends on the "the place where it is implemented" rather than "the place where the [impugned] agreement, decision or concerted action was formed."(50)
The European Community has also taken a pro-active approach to enforcing consumer protection within the Union. This is best exemplified by its Directive (98/27/EC) on Injunctions for the Protection of Consumer Interests. The Directive specifically recognized the inadequacy of then-existing mechanisms in ensuring compliance with consumer protection measures in a timely manner, and that the resulting ease with which infringing conduct may escape enforcement "constitutes a distortion of competition" and diminishes consumer confidence.
Accordingly, the Directive requires Member States to establish a system of mutual-recognition of their governmental consumer protection authorities ("qualified entities"). Competent courts or administrative authorities within each member state are to be designated to rule on proceedings brought by the qualified entities of other states seeking redress for consumer protection infringements. Among the forms of redress that are to be available, including where appropriate by summary procedure, are cease and desist orders, orders for the publication of corrective statements, and monetary penalties for failure to comply with any such orders (Article 2).
Where the protected interests of a Member State are being affected by infringing activity in another Member State, the "qualified entity" of the affected state is to have standing to seize the competent court or administrative authority, and is entitled to seek redress directly in that State.
Interestingly, however, the Directive does not regulate what state's laws are to be applied in bringing these types of enforcement proceedings. That issue is to be resolved in the context of the adoption of the Rome II convention on non-contractual obligations, discussed above. Indeed, the Directive is expressly made "without prejudice to the rules of private international law with respect to the applicable law" (Article 2(2)). However, the significance of the choice of law is much-reduced, in view of the Directive's limited application to matters that fall within specified aspects of consumer protection within the EC law that have been harmonized across Member States.
More recently, the European Parliament and Council have adopted Directive 2000/31/EC on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market. The Electronic Commerce Directive contains numerous provisions relevant to cross-border regulatory issues. For instance, Article 3 prohibits Member States from restricting the flow of "information society services" from another member state, but this is specifically made subject to the enforcement of criminal law and certain regulatory fields, including consumer protection. However, such measures may only be taken if the state that wishes to undertake them has first notified the state from which the infringing activity originates, asked that state to take measures to end the activity, and the latter failed to do so, or the measures were not adequate (Article 3(4)). Exceptions are also made for cases of urgency (Article 3(5)). The EU approach, therefore, appears to be one of mutual cooperation and initial deference to the state in which the infringing activity originates. The principle of mutual cooperation, and certain mechanisms to this end, are provided for at Article 19 of the Directive.
At first blush, the deferential approach taken in the E-Commerce Directive seems inconsistent with the rigorous extra-territorial enforcement mechanisms provided for in the Consumer Protection Injunctions Directive. However, the principles are not incompatible. Reconciling the two Directives, it appears that the European approach is for a consumer's Member State to first seek the assistance of the vendor's Member State in bringing appropriate remedial action. If, however, this is not done or is done inadequately, the "qualified entity" of the consumer's country of residence may obtain useful measures of redress in the vendor's jurisdiction. As will be further discussed below, a similar system may merit further exploration within Canada.<hrdata-mce-alt="5. Policy Options for Canada" class="system-pagebreak" title="5. Policy Options for Canada" />
5. Policy Options for Canada
There are numerous possible approaches to addressing the jurisdictional problems relating to the consumer protection regulation of cross-border activity. In our view, to do nothing is not among the desirable options. The current regime leads to uneven protection and legal uncertainty for consumers and businesses alike.
Principles
Underlying any resolution of regulatory jurisdictional issues is the establishment of principles: specifically, under what circumstances should a given province's laws apply? The debate among consumer advocates, business interests and policy makers has been whether the law of the consumer or the law of the merchant should generally (or exclusively) apply to consumer transactions.
The issue has generally been debated, however, in the context of the private law aspects of consumer transactions, and one question that should be addressed is whether, or the extent to which, the principles applicable to the resolution of private law aspects of consumer protection should mirror the question of regulatory jurisdiction. It is clear that there is necessarily a large degree of overlap between the two. In particular, the "real and substantial connection" test has emerged as the touchstone principle in Canada in the determination of choice of law and choice of forum questions in relation to both private law and regulatory jurisdictional disputes. There is, furthermore, inherently greater predictability and fairness in expecting actors to be bound by a same jurisdiction's rule whether in relation to private disputes or public regulation, particularly given the fact that a same transaction may give rise to both a private dispute and public regulatory action. In this sense, the conclusions and recommendations proposed by Professor Geist, in his accompanying paper, will be highly relevant to the question of what province's regulatory jurisdiction should apply to a given case.
On the other hand, public authorities may, in the exercise of their duties in protecting the public, have a claim to authority in dealing with certain conduct contrary to public policy that is more compelling than is the case in relation to private disputes that arise from that same conduct. In particular, it may be that in some cases it would be reasonable to enforce choice of law and forum clauses in relation to a particular transaction as between private contracting parties, whereas the overriding public interest in dealing with the conduct under the appropriate regulator laws should not be defeated.
As seen above, the European approach to electronic commerce is primarily one of "home-country" control over businesses that make use of the Internet, and restrictions are placed on the ability of Member States to inhibit the flow of "information society" services emanating into that state from another state. However, a significant carve-out to this principle is created in relation to consumer protection, among other public law matters, which allows for extra-territorial assertions of prescriptive jurisdiction and enforcement.
From a public policy perspective, the purpose of consumer protection laws is to protect their citizens from abuse in the context of business-to-consumer transactions. It is therefore unlikely that many governments will wish to endorse a principle that would divest them from their ability to extend and enforce that protection. Any contrary approach would, furthermore, be inconsistent with the fundamental principle of "equivalent protection," set out in the Canadian Framework on "Principles of Consumer Protection for Electronic Commerce."(51) If a government regulator cannot enforce the same principles in favour of a consumer that would apply off-line, the consumer has lost equivalent protection. Indeed, from a broader public policy perspective, it is acknowledged that using the vendor's location to determine choice of law could lead to a "race to the bottom," in that vendors will choose to base their operations in the jurisdictions with the least restrictive requirements, and that governments in turn will be tempted to minimize the exigencies associated with doing business in their jurisdiction in order to retain or attract e-commerce operators.
From a business perspective, there are legitimate concerns that they may be held to a wide array of differing regulatory schemes, one for each province in which they conduct business.
The consumer's general response to this proposition is that it is the cost of doing business online; if businesses wish to avail themselves of the global market opportunities created by the Internet, they must also accept the responsibilities and consequences that flow therefrom. The words of Dickson J. in Moran v. Pyle National (Canada), 1 S.C.R. 393, relating to a jurisdictional dispute in the area of tort law, appear apposite:
Where a foreign defendant carelessly manufactures a product in a foreign jurisdiction which enters into the normal channels of trade and he knows or ought to know both that as a result of his carelessness a consumer may well be injured and it is reasonably foreseeable that the product would be used or consumed where the plaintiff used or consumed it, then the forum in which the plaintiff suffered damage is entitled to exercise judicial jurisdiction over that foreign defendant . . . By tendering his products in the market place directly or through normal distribution channels, a manufacturer ought to assume the burden of defending those products wherever they cause harm as long as the forum into which the manufacturer is taken is one that he reasonably ought to have had in his contemplation when he so tendered his goods.
This presents a compelling argument against the suggestion that vendors should not be subjected to the inconvenience of responding to allegations (whether civil or regulatory) in another jurisdiction in circumstances in which it is reasonably foreseeable that the vendor's wrongful acts would cause harm in that foreign or extra-provincial jurisdiction. Furthermore, the very fact that this is the law in relation to tort claims suggests that vendors must anticipate the possibility of having to defend such claims outside their jurisdiction, and that it is not unduly burdensome to therefore anticipate having to respond to regulatory requirements of other jurisdictions as well. Although in some cases vendors can limit tort and other civil liability through choice-of-law provisions as a matter of contract, such stipulations will not always be upheld and may not even be applicable where, for instance, there is no privity of contract between the vendor and the ultimate consumer, such as through the interposition of a retailer.(52)
There is a distinction to be drawn, however, between products liability and at least some aspects of consumer protection law, namely the relative uniformity of the former and the diversity and inconsistency of the latter. A vendor that sells a product that may harm someone can expect to be met with essentially the same standards across the country. It need not tailor its design and manufacture for each jurisdiction. The diversity and unevenness of consumer protection law across the country may, however, require the vendor to be familiar with a wide range of standards.
Is this unduly burdensome? Within Canada, although there are differences in protection in each province, there are also many similarities. Most significantly, there are no obvious inconsistencies in the standards, such that adherence to one is incompatible with another, a situation that would be less tolerable. In theory, then, there is nothing to prevent a vendor from adhering to the highest standards and thereby ensure compliance with all standards.
That being said, this may be easier for larger, established merchants, and to the disadvantage of smaller companies with fewer resources. Businesses also argue that many of the power imbalances that may exist offline do not necessarily apply to consumer transactions online, by virtue of the wide array of choice a consumer has in dealing over the Internet, and the ability of the Internet to act as a rich source of consumer and business-related information. Some have suggested that, in e-commerce, it is often the consumer that targets the vendor rather than the converse. There is, in general, some truth to this proposition: when a consumer accesses a vendor's website, it is generally a deliberate act of choice, usually initiated by the consumer. On the other hand, vendors do also target consumers directly, through banner ads on other sites, the use of metatags for search engines, and in "spam" e-mail solicitation. Similarly, in the off-line world, consumers often "target the vendor" by visiting a vendor's store. They do not, by that fact, lose the benefit of consumer protection laws.(53)
It is also worth noting that this proposed approach is consistent with developing Canadian and international standards relating to many regulated professions. For instance, in Canada, the Federation of Medical Licensing Authorities of Canada (FMLAC) has endorsed the principle that physicians who practice cross-border telemedicine should be the subject to the regulatory control of the medical licensing bodies within the patient's jurisdiction.(54) This would be achieved primarily through a system of "simple-to-acquire permits for those wishing to practice telemedicine in provinces other than their own."(55) (In addition, it is suggested that each provincial medical licensing authority adopt a regulation by which the practice of medicine in another jurisdiction without the appropriate permit would constitute professional misconduct. In this way, the physician's own licensing body can enforce the extra-provincial licensing regime.)
Similarly, the Alberta Securities Commission, in its much-cited World Stock Exchange (Re) decision(56), has propounded the view that regulators have a legitimate interest in applying the law of their jurisdiction where off-shore activity has unlawful consequences within that jurisdiction and affecting residents of that jurisdiction. Although the decision has been criticized, it is submitted that it reflects the reality that public institutions whose mandate is to protect the public within their jurisdiction are unlikely to divest themselves of that role simply because the offending activity originates outside that jurisdiction.
At the same time, there must be a mechanism for managing such an approach, to avoid over-regulation and unpredictability.
Agreement on any basic principle governing prescriptive, regulatory jurisdiction would, at minimum, decrease the legal uncertainty that may subsist in this area. Based on the above analysis, it is our view that the balance of public policy arguments favour the proposition that, subject to certain limitations, the prescriptive, regulatory laws of the forum of the consumer should apply to consumer contracts.
There must, however, be some standards and limitations that apply in this regard, flowing from the key underlying premise in favour of this approach, namely that there must be a reasonable expectation on the part of the vendor that its wrongful conduct that has effects in another jurisdiction may lead to consequences in the courts of and under laws of that jurisdiction. For this reason, there must be a "real and substantial connection" between the transaction itself and the consumer's jurisdiction, beyond the mere physical presence of the consumer in the jurisdiction. The physical presence of the consumer should, in our view, be a necessary but not sufficient condition to the application of the prescriptive laws of the jurisdiction in question.
Furthermore, it should be open to a vendor to make reasonable attempts to avoid having any "real and substantial connection" with consumers in a particular jurisdiction if the vendor wishes to avoid being exposed to that jurisdiction's laws. The case law in the United States suggests that the courts have considered efforts to avoid establishing a "real substantial connection," or the lack thereof, to be relevant considerations to determine jurisdiction.(57)
The problem of potential application of the laws of multiple jurisdictions is not confined to the Internet, and neither is the possibility of "opting out" of a jurisdiction by declining to do business in certain jurisdictions. Technology has emerged that should greatly facilitate the ability of sellers to geographically restrict their marketing and sales activity. Such technology, however, is not the only solution. Marketing through any national medium presents the same problem as the Internet, and vendors have dealt with this problem by specifying jurisdictions to which their marketing is specifically directed or, more commonly, jurisdictions to which it is not directed.
The American Bar Association has undertaken a major project on jurisdictional issues relating to the Internet, "to explore the issues, uncertainties and conflicts created by the proliferation of electronic commerce" in this area, noting that the "reduction of legal uncertainty is critical to the development of an efficient and effective system to promote electronic commerce."(58) Its most recent Draft Report sets out certain jurisdictional "default rules" in relation to both personal and prescriptive jurisdiction. Those proposed default rules provide that "personal or prescriptive jurisdiction should not be based solely on the accessibility in the state of a passive web site that does not target the state." The Draft further provides as follows:
1.1.3. Both personal and prescriptive jurisdiction should be assertable over a web site content provider ("sponsor") in a state, assuming there is no enforceable contractual choice of law and forum, if:
1.1.3.(a) the sponsor is a habitual resident of that state or has its principal place of business in that state;
1.1.3.(b) the sponsor targets that state and the claim arises out of the content of the site; or
1.1.3.(c) a dispute arises out of a transaction generated through a web site service that does not target any specific state, but is interactive and can be fairly considered knowingly to engage in business transactions there.
The Draft default rules also propose a means of jurisdictional opting-out:
1.1.4. Good faith efforts to prevent access by users to a site or service through the use of disclosures, disclaimers, software and other technological blocking or screening mechanisms should insulate the sponsor from assertions of jurisdiction.
1.1.4.(a) Users (purchasers) and sponsors (sellers) should be encouraged to identify, with adequate prominence and specificity, the state in which they habitually reside.
1.1.4.(b) Sponsors should be encouraged to indicate the jurisdictional target(s) of their sites and services, either by: (a) defining the express content of the site or service, or listing destinations targeted or not targeted; and (b) by deciding whether or not engaging in transactions with those who access the site or service.
To the extent the requirement to "opt out" represents a burden to sellers, it is our view that the answer to is to harmonize standards, rather than oust the authority of consumers' governments from exercising the protection which they expect offline or online. This is discussed below.
Criteria
For discussion purposes, the following presumption is suggested to be applied in relation to prescriptive jurisdiction:
The regulatory law of the consumer's jurisdiction (defined as the consumer's habitual place of residence) will apply, when:
1. In the case of the sale of goods or services:
a. the consumer was present in that jurisdiction when making the offer to purchase or accepting the vendor's offer to sell, and the goods were to be delivered to, or the services substantially performed in, the consumer's jurisdiction; OR
b. the contract was preceded by an invitation (including by e-mail, bulk or otherwise) addressed to the consumer in the consumer's jurisdiction, or advertising by the vendor was specifically directed to the consumer's jurisdiction;
UNLESS the vendor took reasonable measures to draw to the consumer's attention that its goods or services where not available for sale in the consumer's jurisdiction and took reasonable steps not to enter into a contract for goods and services that would bring it within the criteria set out under (a) and/or (b) above.
2. In the case of misleading or deceptive advertising or other unfair business practices not involving or resulting in the sale of the goods or services:
When the vendor's conduct could reasonably be expected to have effects in the consumer's jurisdiction UNLESS the vendor took reasonable measures to draw to the consumer's attention that the information provided was not intended to apply to consumer's jurisdiction.
Where the criteria are not met, the presumption would not apply, leaving open the possibility that the law of the consumer would apply nevertheless, or that a reasonable choice-of-law clause could apply.
The precise means of implementing the presumption should be the object of further consideration. It may be that legislative change is not required or desirable, but that the presumption be made widely known and that participating provinces agree to be bound by it. Such an arrangement is likely workable at least in relation to matters that rely upon the decision of consumer protection authorities to take enforcement measures in relation to proscribed practices.
In our view, such an approach is responsive to a number of concerns. Professor Rothchild has identified a number of challenging jurisdictional issues too in the online context, concerns that the above approach may help avoid:
First, it may not be clear where to "locate" certain types of online conduct. For example: (1) Is a business considered to have a location where the server hosting the files constituting its Web site is located? (2) In the case of a contract for the supply of a digital good, does performance take place (a) where the seller of the good is located at the time he transmits it, (b) where the computer holding the good is located at the time the seller causes it to be transmitted, (c) where the computer from which the purchaser downloads his e-mail is located, (d) where the computer to which the purchaser downloads his e-mail is located, or (e) where the purchaser is located at the time he downloads or reads his e-mail? (3) In the case of tortious conduct consisting of an online communication, does the harmful event occur in a location associated with the sender or in one associated with the recipient? (4) If a seller invites a transaction via a Web site or a newsgroup posting, is that invitation located in the state where the consumer views it? (5) Does the maintenance of a Web site or posting of a newsgroup message constitute "doing business" in every jurisdiction where such communications are received?(59)
Endorsing a general principle that the laws of the consumer's jurisdiction will apply facilitates resolution of these complex issues. Focus is placed not on "where" in cyberspace a particular transaction occurred or was completed but, rather, on the location of a party which, ultimately, are always physically located somewhere in the physical world.
What is more difficult to apply in relation to consumer e-commerce are the reasonable limits that might be placed on extending jurisdiction based on such notions as the foreseeability of consequences of actions. As Prof. Rothchild continues:
...if a person makes a commercial communication via a Web site or newsgroup posting, is it foreseeable that the communication will have effects in every jurisdiction in which such communications may be received? If a person sends a message via bulk e-mail, an Internet mailing list, or in a chat session, is it foreseeable that the message will have effects in every jurisdiction in which a recipient of the message is located? When sending an e-mail message to a single recipient, are effects foreseeable wherever the recipient happens to be located when he accesses the message? Is the analysis different if the communication is made in a language that is understood almost exclusively by residents of a particular country, or if the maker of the communication advertises in a jurisdiction using other, specifically targeted media as well?(60)
In this regard, a flexible approach to "foreseeability" is to be endorsed. Guidance may be drawn from the private law jurisprudence on jurisdiction, and in particular from the "active/passive/interactive" trichotomy that has emerged in the United States, starting with the landmark U.S. decision in Zippo Manufacturing Co. v. Zippo Dot Com., Inc. 952 F. Supp. 1119 (W.D. Pa. 1997). In that case, the court summarized earlier lower court opinions and posited that whether jurisdiction could be properly asserted in a case based on a defendant's Internet-related contacts should depend on the "nature and quality" of commercial activity that an entity conducts over the Internet:
At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise [of] personal jurisdiction. The middle ground is occupied by interactive Web sites where a user can exchange information with the host computer. In these cases, the exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.
This approach appears to have been followed in Canada: see Braintech Inc. v. Kostiuk, (1999), 171 D.L.R. (4th) 46 (B.C. C.A.). In the latter case, the B.C. Court of Appeal ruled that a passive out-of-state Internet bulletin board was insufficient contact for jurisdiction to attach based on the "real and substantial connection" test. The Court ruled that the "mere possibility" that someone in a jurisdiction "might have reached out to cyberspace" to bring the impugned content onto a computer screen in that jurisdiction was insufficient.
But, as the American Bar Association draft report points out, reliance merely on the nature of the web site is misplaced:
If an interactive site is not targeted to a specific forum, courts should focus on how the site is actually used. Knowing and willing use of it by a nonpresent party to enter into dealings with persons or businesses in the forum demonstrates a chosen contact with the forum, provides the forum with an interest in the relationships thus created, and makes it less likely that multiple fora with different applicable laws will attempt to regulate the site and assert jurisdiction over its sponsor.
Largely based on the U.S.case law, Prof. Rothchild makes useful observations in limiting the scope of what may be deemed to constitute conduct that would have a foreseeable impact on a particular jurisdiction:
...the following activities should not, by themselves, support a finding that the maker of a communication caused foreseeable effects within a state: (1) maintaining a World Wide Web site that is accessible by residents of that state; (2) posting a message in a Usenet newsgroup, or any other electronic bulletin board system, that is accessible by residents of that state; (3) transmitting a message to an Internet mailing list whose membership includes residents of that state; or (4) making a statement in a chat session that includes a participant who is a resident of that state.
To support extraterritorial jurisdiction in the online context, there must be "[a]dditional conduct" beyond merely making a communication available within a particular state. Sufficient additional conduct will exist where: (1) the online communication results in a commercial transaction involving the shipment of a physical good to an address located in the state that asserts jurisdiction; (2) the communication results in a commercial transaction involving the transmission of a digital good to a recipient who resides in that state, if at the time the transaction was consummated the sender knew or reasonably should have known that the purchaser resided in that state; (3) the person made affirmative and unmistakable efforts to direct the communication or transmission to residents of that state, or to injure persons located in that state, or (4) the person knew, or reasonably should have known, that the transaction would have effects within that state. Conversely, assertion of extraterritorial jurisdiction will be less appropriate where the seller takes steps to avoid doing business by residents of a particular country, such as by posting a notice indicating the geographic or political limits within which the offer is intended to be valid, declining to ship goods into particular jurisdictions, or making efforts to ascertain the location of a prospective customer and limiting one's commercial activity accordingly.(61) [Footnotes omitted]
We would not agree unreservedly with these parameters. For instance, where a digital good is to be shipped, it could well be incumbent upon the seller to take reasonable steps to enquire as to the consumer's address, on the understanding that if the seller is entitled to rely on the consumer's representations, whether true or not. Nevertheless, these guideposts do, in our view, contribute to the debate by outlining many of the relevant factors and leaving open for discussion whether the presence or absence of a factor should or should not militate in favour of the assertion of jurisdiction. In our view, agreement should be reached on such a set of such parameters that would be expressly identified as guidelines in relation to the application of the general criteria set out above.
An arrangement among provinces to establish criteria along the lines of that proposed above, along with accompanying guidelines, would, in our view, be constitutionally permissible and would reduce legal uncertainty.
As discussed above, the provinces do have the power to make and enforce laws for consumer protection that may, as their incidental effect, impinge upon vendors situate outside the province. However, a law that purported to prevent another province from asserting jurisdiction over the conduct of vendors situate within that province, even in relation to cross-border transactions, would likely be open to constitutional challenge in a Canadian jurisdiction that declined to follow such a rule.
The preferred approach, from a public policy, legal and constitutional perspective, is therefore to apply the consumer-jurisdiction principle by way of informal agreement. As discussed above, it seems unlikely that the consumer protection laws of the provinces are in fact limited in their application to conduct that impacts upon consumers in the respective provinces or to conduct of businesses within their borders. There is, furthermore, no definite need to formally introduce such limits in relation to prescriptive jurisdiction. It is likely sufficient to agree to adhere to whatever policy and criteria is developed among the provinces and to agree to be guided by it in the extra-provincial enforcement of their respective legislation.
Mechanisms
"Equivalent protection" for consumers may be meaningless if no effective means of redress can be provided for. In this sense, the fact that a consumer's jurisdiction's regulatory laws may apply to a particular transaction involving a cross-border vendor is meaningless if the authorities in the consumer's jurisdiction have no power to deter, prevent, punish and/or seek redress in relation to offending conduct.
In this regard, unscrupulous vendors or marketers have been known to establish operations in one jurisdiction, but to target consumers in another.(62) The Internet is, of course, an ideal platform from which to operate such arrangements. Nevertheless, the problem is not confined to the Internet, and regulatory agencies have developed cooperative arrangements for dealing with such problems not only for the Internet, but also in relation to, for instance, deceptive telemarketing. For instance, Canada and the United States have established a joint working group on cross-border telemarketing fraud, and have developed mutual legal assistance mechanisms for the sharing of information and cooperating in investigation and enforcement, and have signed a mutual assistance agreement in this area.(63) The Canadian "phonebusters" database, which centralizes information on deceptive marketing practices by phone and online, is of course an excellent example of such cooperation within Canada's federal system.
Conversely, attempts by regulatory agencies to pursue enforcement outside their jurisdiction, in the absence of a consensual arrangement, can lead to disputes between agencies and undermine the normative and enforcement regime. A number of Canadian jurisdictions, for instance, adopted blocking statutes aimed at protecting their citizens and businesses from aggressive attempts by the United States to enforce its anti-trust laws.
A cooperative approach is, clearly, to be preferred. Among the areas in which cooperation could be envisaged are the following:
Legal process
A court generally cannot assert jurisdiction over an individual located outside the forum state unless that individual is served with process. Mutual mechanisms for effecting and recognizing extra-territorial process can significantly reduce the obstacles this presents: see, for instance, the multilateral Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.(64)
Mareva Injunctions
In common law jurisdictions, ex parte orders can be brought to freeze a person's assets on an interlocutory basis (known as a "Mareva injunction"), in a jurisdiction in which the party has assets. This can prove a very effective means of ensuring redress, where there is a reasonable belief that the person in question may dissipate or transfer assets to evade enforcement. As timely action is often key to the success of such court applications, cooperation between agencies would be highly beneficial. Although some authors have suggested that Article 3138 of the Quebec Civil Code provides for such a remedy, others argue that this is precluded by virtue of Article 3155, which provides that foreign decisions must be "final" to be enforced through the Quebec courts.
Information sharing/Investigations assistance
As discussed above, the sharing of information and assistance in investigation is central to effective, cooperative enforcement of regulatory laws, and Canada has been a leader in this regard, both internally and internationally.
Injunctive and Monetary Relief
There does not appear to be any constitutional obstacle precluding the courts of one province to enforce regulatory judgments rendered in another province. Certainly this holds true in relation to a monetary judgment, whether civil or regulatory.(65) Nevertheless, the process of doing so can be lengthy and costly. The problems associated with extra-provincial enforcement have led the provinces to adopt procedures to facilitate recognition and enforcement of judgments as between them: money judgments in civil matters are governed by the Reciprocal Enforcement of Judgments Act as between all provinces and territories, with the exception of Quebec. Similarly, all provinces and territories of Canada, including Quebec, as well as most U.S. and Australian states and several foreign countries, have a Reciprocal Enforcement of Support Orders arrangement and enabling legislation. Extra-territorial enforcement of certain types of orders and decrees may be expanded under the model Enforcement of Canadian Judgments and Decrees Act crafted by the Uniform Law Conference of Canada.(66)
Some form of cooperative arrangement for mutual recognition of enforcement orders could be contemplated for the enforcement of consumer protection laws. Even under proposed uniform enforcement of judgments and decrees acts, fines and penalties under prescriptive laws are excluded and are not enforceable extra-provincially.
There are a variety of means of broadening the ability to enforce legislation extra-provincially. As discussed above, the European Directive on Consumer Protection Injunctions presents one interesting model, in allowing provincial regulatory agencies to more easily obtain injunctive relief (such as a "cease and desist" order or a mandatory publication order) and monetary penalties for failure to comply, within the jurisdiction of the vendor.
This approach could also be facilitated through a formal reciprocal enforcement arrangement. An arrangement of cooperation between the relevant consumer protection authorities, similar to the cooperation arrangements between Attorneys-General in relation to the reciprocal enforcement of support orders, could also be contemplated. That model provides that regulatory agencies, rather than bring enforcement measures directly, seek the aid of the regulatory agencies of the jurisdiction where the offender is situated in securing the appropriate remedy.
Regardless of what mechanism for facilitating enforcement is implemented, it is unlikely that governments will want to establish a system by which they would be bound to implement or facilitate the implementation against business interests within its territory of any consumer protection law another Canadian jurisdiction may deem appropriate. In general, differences in consumer protection laws between jurisdictions will not be so significant as to make implementation in another jurisdiction offensive to the authorities of that jurisdiction. Nevertheless, this possibility does exist that the situation would arise, and governments are unlikely to want to create a mechanism that may involve them in enforcing a norm with which it does not agree. Governments will want to know what norms will be enforced through any such mechanism, and to have the ability not to involve themselves, directly or indirectly, in the enforcement of any existing or future norm with which it does not agree.
It should be noted that, at present, foreign and sister-provincial governments do appear to have the ability of enforcing certain monetary judgments obtained under their laws in the courts of other Canadian provinces: see U.S. v. Ivey, supra. The ability to oppose such enforcement on public policy grounds appears to be narrow, as discussed above. Even the ability to take legislative action to limit enforcement appears constrained by the Constitution: Hunt v. P&N, supra. However, there is a public policy distinction between allowing, grudgingly or not, such enforcement to take place, and becoming directly involved in facilitating such enforcement.
In this regard, it may be advisable to limit mutual cooperation and enforcement arrangements to certain defined, harmonized norms on which the participating provinces can agree.(67) This topic is, therefore, briefly addressed below.
Harmonization
It is worth underscoring that the European Directive relating to Consumer Protection Injunctions is confined to "practices coming within the remit of national laws that have been harmonized" under specific, designated EU laws. This clearly minimizes the possible charge of unfairness that might otherwise be directed at a policy that allows one state, in enforcement of its consumer protection laws, to obtain injunctive relief in another state in which a vendor or marketer operates. To the extent the impugned conduct is recognized as illegal in both the consumer's and the vendor's place of habitual residence, there can be no complaint that the vendor was unaware that the conduct in question was not permissible.
Similarly, the Canadian Framework and OECD Guidelines encourage the harmonization of consumer protection laws and their adaptation to electronic commerce "without requiring any jurisdiction to lower its standards." Harmonization is clearly desirable for consumers, businesses and policy makers alike, to better ensure predictability, equal protection and certainty.
As noted above, the scope of consumer protection laws across Canada varies considerably. It seems unlikely, therefore, that harmonization of consumer protection laws as a whole is likely to occur in the short term. Nor is the need for harmonization as pressing in relation to the traditional sphere of consumer protection offline. The dramatic growth in cross-border transactions that the Internet has made possible, and the desirability of encouraging its continued expansion, suggest that the need for greater harmonization in relation to e-commerce consumer protection is particularly acute. The development by the Consumer Measures Committee E-Commerce Working Group under the Agreement on Internal Trade of a Draft Internet Sales Harmonization Template(68) is encouraging in this regard.
Such an approach may seem inconsistent with the preference in many jurisdictions to ensure commercial and regulatory "neutrality" as between online and offline commerce. The Draft Internet Sales Template appears to recognize that failure to tailor a regime that takes the particularities of e-commerce into consideration could result in favouring one mode of conducting business over another. "Formal equality" in regulating modes of business may result in actual inequality. The nature of e-commerce is such that consumers are more wary of using this method of purchasing. Therefore, measures specific to enhancing online confidence will help to right imbalances in the market as between online and offline transactions. Conversely, to the extent that e-commerce appears far more susceptible to evading consumer protection laws, the absence of measures to redress this problem creates an imbalance in the degree of regulation of online and offline commerce. Thus, the establishment of mechanisms and harmonized principles or laws specific to e-commerce, far from derogating from the principle of neutrality, may be necessary to uphold it.
Legislative initiatives in Alberta (69) and Manitoba (70)in relation to e-commerce -specific consumer protection legislation suggests the possibility of establishing a core, harmonized e-commerce consumer protection standard.
Conclusions regarding Canadian policy options
This paper argues that Canadian provinces should recognize the prescriptive law of the consumer as being applicable in dealing with cross-border consumer transactions, within certain defined limits. Governments have a legitimate public policy interest in ensuring that their consumers are accorded the same level of protection online as offline. In practice, unless governments are prepared to allow their consumers to lose equivalent protection by virtue of the consumer making a cross-border purchase, this means upholding the extra-territorial applicability of consumer protection legislation.
At the same time, governments also have a legitimate public policy interest in ensuring that businesses that operate within their borders respect the legal and ethical norms within that jurisdiction. Furthermore, the mechanisms by which cross-border consumer protection policy is in fact implemented must be effective, and must be respectful of other provinces' interests. The latter factors militate in favour of relying upon the regulatory authorities of the vendor to assume jurisdiction and, in particular, enforcement.
Are these visions incompatible? In our view, they are not, and indeed the European model offers an example of how both can be reconciled. The starting premise, articulated in the Rome Convention and urged in this paper, is that, within certain prescribed limits, the prescriptive laws of the consumer's jurisdiction are applicable, regardless of the location of the vendor. Where offensive activity originates in another jurisdiction, however, the authorities of the consumer's jurisdiction should begin by asking the authorities of the vendor's jurisdiction to take appropriate corrective action. This step allows the authorities in the consumer's jurisdiction to extend (and be seen to be extending) protection to the consumers it is mandated to help protect, and allows the consumers to rely on their government's regulatory authorities, while being respectful of the legitimate public policy interests of the authorities within vendor's jurisdiction's. If, however, the authorities within that jurisdiction are unable or unwilling to act, or to take adequate measures, the authorities within the consumer's jurisdiction should be entitled to take appropriate steps.(71) Implementation of those steps, in turn, should be facilitated through the various enforcement and information-sharing mechanisms described above, including, perhaps an arrangement similar to the European Consumer Protection Injunction Directive of mutual-recognition of regulatory authorities enabled to bring corrective and injunctive relief quickly within another jurisdiction.
In our view, there is much to commend a staged-approach mechanism, which recognizes the protections of the laws of the consumer's jurisdiction, but defaults to the vendor's jurisdiction for enforcement and, finally, provides for effective remedies by the consumer's authorities as a final resort.(72) In addition to balancing the various government, consumer and business interests, such a mechanism is likely to be the most practical. For example, it appears likely that, in many instances, the conduct of a particular vendor will have consequences in more than one jurisdiction, including the jurisdiction in which that vendor is located. In such a case, it will usually make sense for the authorities of the vendor's jurisdiction to take the lead.
To the extent that harmonization of consumer protection laws as a whole is unlikely to occur, core standards in relation to electronic commerce may also be more readily achieved, leaving provinces to maintain the legal and public policy diversity that currently characterizes consumer protection law in Canada. Alternatively, a harmonized core set of standards might be agreed to for the purposes of extra-provincial enforcement only. In other words, provinces may again wish to retain their own standards and approaches generally, and to apply such standards within their own jurisdiction. The harmonized standard would, however, provide a basic, core standard across Canada and be applicable for the purposes of enforcing consumer protection in relation to cross-border transactions.<hrdata-mce-alt="Recommendations" class="system-pagebreak" title="Recommendations" />
Recommendations
Perhaps more than any other business activity, electronic commerce requires a balanced approach of "co-regulation," or what has been called "a new paradigm for governance that recognizes the complexity of networks, builds constructive relationships among the various participants (including governments, systems operators, information providers, and citizens), and promotes incentives for the attainment of various public policy objectives in the private sector."(73)
Governmental regulation and enforcement has a role to play in this regard; the extent of that control and the degree to which it is aggressively pursued is a matter of policy that is beyond the scope of this study. What is clear, however, is that whatever regime emerges must have a large measure of consistency, predictability and transparency. A key component in this regard is arriving at common understanding of the jurisdictional rules that will apply to the regulation and enforcement of consumer protection standards by the various governmental authorities.
In our respectful opinion, consideration should, in this regard, be given to the following:
1. Establishment of a presumption in favour of the applicability of the consumer's prescriptive jurisdiction
The starting premise should be that the laws of the consumer's jurisdiction apply to consumer e-commerce transactions, subject to certain limits designed to recognize that it must be reasonable for the seller to know where the consumer is located and that allow a seller to "opt out" of conducting business in that jurisdiction.
Guidelines should also be established to help determine whether conduct would reasonably regarded as foreseeably having an impact on a particular jurisdiction. Under what circumstances, for instance, will maintaining a web site be regarded as foreseeably having an impact in another jurisdiction?
2. Establishment of mutual-assistance measures for extra-provincial enforcement
Mutual cooperation mechanisms between regulatory agencies should be established to allow authorities to obtain court orders, promptly and cost-effectively, including "cease and desist" orders and monetary orders. One option in this regard is to establish a system based on the European Consumer Protection Injunction Directive. Under such a regime, the authorities in the vendors jurisdiction should be expected to take the lead in enforcement, either of their own initiative or at the request of another jurisdiction's authorities. Provision should be made, however, for authorities to be able to more readily obtain appropriate enforcement orders through the courts of other provinces, where the authorities in the vendor's jurisdiction are unable or unwilling to act, or in cases of urgency.
Such a mechanism could be limited to a defined, harmonized core set of e-commerce consumer protection standards.
Continued and increased information sharing and investigatory assistance should be encouraged.
3. Harmonization of consumer protection principles applicable to e-commerce.
Provinces should continue to strive to harmonize their laws in relation to consumer protection in electronic commerce, based on the strong foundation established by the Draft Internet Sales Harmonization Template drafted under the auspices of the Consumer Measures Committee E-Commerce Working Group under the Agreement on Internal Trade.<hrdata-mce-alt="Footnotes" class="system-pagebreak" title="Footnotes" />
Footnotes
1. U.S. "Restatement (Third) of Foreign Relations Law of the United States" § 401(a).
2. Consumer class action suits, however, represent a significant exception to the general rule that the cost of consumer litigation outweighs likely recovery.
3. In one survey, 75% of respondents indicated that concerns about the reliability of e-commerce businesses was a significant factor in their unwillingness to purchase online: E-Commerce Survey: Business Reliability Ranks Near Transaction Security in Public Trust in Online Purchasing, (1998) Rep. Elec. Comm, Feb. 10, 1998 at 3.
4. Australian Federal Bureau of Consumer Affairs, Untangling the Web: Electronic Commerce and the Consumer (1997).
5. For a detailed examination of Canadian consumer protection legislation in the context of electronic commerce, see R. Tassé and K. Lemieux, Consumer Protection Rights in Canada in the Context of Electronic Commerce (1999), Office of Consumer Affairs. Available at http://strategis.ic.gc.ca/SSG/ca01031e.html.
6. R. v. Trudel, Ex parte Horbas and Myhaluk, 3 C.C.C. 95 (Man. C.A.); R. v. McKenzie Securities Ltd., 4 C.C.C. 29 (Man. C.A.), cited with approval in R. v. Libman, infra.
7. S.A. F-1.05. These provisions under the Electronic Commerce regulation relating to its application mirror the wide scope of application under the legislation itself, including in relation to unfair trading practices generally.
8. S.S. 1996, Chap. C-30.1.
9. Ibid., s. 29.
10. The definition of "carrying on business in Saskatchewan" is provided and is broad. The specific criteria suggest the need for a physical presence or representative in the province, but these are supplemented by the broader criteria of any business, manufacturer etc. that "directly or indirectly markets consumer products in Saskatchewan" or "otherwise carries on business in Saskatchewan." These broader criteria would arguably apply in relation to cross-border e-commerce from outside the province.
11. Furthermore, Article 3149 of the Civil Code provides that the Quebec courts have jurisdiction to hear an action involving a consumer contract, despite any prior waiver by the consumer.
12. The potential constitutional problems relating to the extra-territorial application of provincial legislation are discussed below. As will be seen, those problems are likely to be more perceived than real.
13. (1997), 145 D.L.R. (4th) 20 (B.C. C.A.).
14. Ibid. at p. 25.
15. R. v. Libman, 2 S.C.R. 178 at 185.
16. Ibid. at 185-186
17. Ibid. at 212-213
18. Indeed, the Supreme Court in Libman followed the approach taken by the Manitoba Court of Appeal in a case involving the extra-territorial application of Manitoba's securities legislation: R. v. W. McKenzie Securities Ltd., supra note 5.
19. Quebec Civil Code, article 3134.
20. See J. Rothchild, "Making the Market Work: Enhancing Consumer Sovereignty Through the Telemarketing Sales Rule and the Distance Selling Directive" (1998), 21 J. Consumer Policy 279.
21. R. v. Van Rassel, 1 S.C.R. 225 at 238
22. This limit is in contradistinction to the federal Parliament's express "full" constitutional power "to make laws having extraterritorial application": s. 3, Statute of Westminister, 1931 R.S.C 1985, Appendix II, No. 27, (which provision is not applicable to the provincial legislatures).
23. See P. Hogg, Constitutional Law of Canada (1998: Toronto, Carswell), at 13-4.
24. Ibid. at 13-7
25. 1 S.C.R. 297.
26. Ibid. At p. 226. Note that Laskin C.J., for the minority, addressed the point directly, also in obiter, and indicated that it would not be constitutionally permissible for Quebec's Consumer Protection Act to reach into extra-territorial activity and regulate "a telecast originating in another Province but seen in the legislating Province": ibid., at p. 217.
27. Moran v. Pyle (Canada), 1 S.C.R. 393, De Savoye v. Morguard Investments, 3 S.C.R. 1077.
28. De Savoye v. Morguard Investments, ibid.
29. (1995), 26 O.R. 533 (Gen. Div.), aff'd 30 O.R. (3d) 370 (C.A.), leave to appeal S.C.C. ref'd 2 S.C.R. x.
30. Hunt v. T&N PLC, 4 S.C.R. 289.
31. Hogg, supra note 23 at 13-22.
32. Ibid. at 13-7 to 13-8.
33. Testimony of D. Jean Veta, Deputy Associate Attorney General, United States Department of Justice, before the U.S. House of Representatives Subcommittee on the Courts and Intellectual Property, June 29, 2000, available at http://www.cybercrime.gov/vetatst.htm.
34. Sherman Act, 15 U.S.C. § 6a (1994); Federal Trade Commission Act, 15 U.S.C. § 45(a)(3) (1994).
35. U.S. "Restatement (Third) of the Foreign Relations Law of the United States" § 401(c).
36. Ibid., §401(2).
37. < http://www.ag.state.mn.us/home/concumer/consumernews/OnlineScams/memo.html >
38. § 17538 (West 1997).
39. Nixon v. Interactive Gaming & Communications Corp. No. CV97-7808, Jackson Cty. (Mo. Cir. Ct.).
40. Edinger "Territorial Limitations on Provincial Powers" 14 Ottawa L. Rev. 57 at 92.
41. Ibid. at 92.
42. Hanson v. Denckla, 357 U.S. 235, 243 (1958).
43. 969 F. Supp. 160 (S.D.N.Y. 1997).
44. Ibid. at 183-84.
45. P. Hogg, supra note 23 at 13-14 to 13-22.
46. Licra v. Yahoo! Inc. (2000), Tribunal de Grande Instance, Paris.
47. Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, ("Brussels Convention"), article 5.
48. See Draft communication on law of non-contractual obligations (Rome II), January 12, 2000, reproduced at http://www.ilpf.org/groups/rome-treaty.htm.
49. See P. Meller, "Europe Panel is Rethinking How it Views E-Commerce," The New York Times, June 27, 2001, available at http://www.nytimes.com/2001/06/27/technology/27CROS.html
50. A. Ahlström Osakeyhtiö v. Commission, 1988 E.C.R. 5193.
51. 1999, Office of Consumer Affairs, Industry Canada. Available at http://strategis.ic.gc.ca/SSG/ca01185e.html.
52. The Internet offers the advantage of being able "cut out the middle man" and more often transact directly with a consumer and thereby have the necessary privity of contract to allow a reasonable choice of law clause to apply. That being said, it can be argued that maintaining the inability to contractually restrict choice-of-law may be a small price to pay for the broader benefits, including lower costs, of being able to deal directly with consumers.
53. Indeed, vendors operating in the "real world" often provide the consumer with certain indicia of repute, by virtue of having an apparently permanent physical establishment, its location, staff, etc. Despite the consumer's "targeting" and these greater visual protections, the consumer may benefit from consumer protection laws. The indicia of repute of "virtual stores" targeted by consumers may, on the other hand, be more deceiving, due to the low cost of creating a slick, attractive website.
54. This principle is consistent with the position taken by medical licensing authorities in the United States. See: Telemedicine Report to Congress, available at http://telehealth.hrsa.gov/pubs/report2001.
55. J. Carlisle, "Regulatory Aspects of Telemedicine in Canada", (2000-1) Telehealth Law 4.
56. (2000) 9 ASCS 658 (Alta. Securities Commision).
57. See Smith v. Hobby Lobby Stores, Inc., 968 F. Supp. 1356 (W.D. Ark., 1997).
58. Available at http://www.abanet.org.
59. John Rothchild, "Protecting the Digital Consumer: The Limits of Cyberspace Utopianism" (1999) Indiana Law Journal Vol. 74: 893 at pp. 920-921.
60. Ibid.
61. Ibid.
62. See, for instance, (B.C.) Director of Trade Practices v. Ideal Credit Referral Services Ltd., supra note 12, in which injunctive relief was brought against a B.C.-based "credit repair" company that targeted consumers in the United States.
63. Agreement Between the Government of the United States of America and the Government of Canada Regarding the Application of Their Competition and Deceptive Marketing Practices Laws (1995).
64. 658 U.N.T.S. 163.
65. See De Savoye v. Morgaurd Investments, supra note 27 and Hunt v. T&N PLC, supra note 30.
66. Available at: http://www.ulcc.ca/en/us/index.cfm?sec=1&sub=1p.
67. This, too, is similar to the European model, which limits the mechanisms foreseen in the Consumer Protection Injunction Directive to specified, harmonized EC laws.
68. Available at http://strategis.ic.gc.ca/pics/ca/internet_sales.pdf.
69. Electronic Sales Contract Regulation pursuant to the Fair Trading Act, S.A. F.1.05.
70. Bill 31, Electronic Commerce and Information, Consumer Protection Amendment and Manitoba Evidence Amendment Act (2000).
71. This is the model incorporated in the European Electronic Commerce Directive 2000/31/EC, discussed above.
72. Provision could also be made for the consumer's authority to take the lead on consent or in cases of urgency.
73. Joel R. Reindenberg, "Governing Networks and Rule-Making in Cyberspace", (1996), 45 Emory L.J. 911 at p. 912. | https://www.ulcc.ca/en/annual-meetings/323-2001-toronto-on/civil-section-documents/1185-online-consumer-protectionstudy-on-regulatory-jurisdiction-in-canada |
Peter Leonard challenges some accepted wisdom about the value of big data and how data driven businesses are regulated.
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Introduction
Much of today’s discussion as to reasons to regulate big data is misguided. Misuse and abuses of data about citizens and consumers clearly must be subject to sanctions which operate as effective disincentives to misconduct by data controllers. But there is not always a close correlation between size of data holdings and potential to cause harm to data subjects. Common errors in correlation include: over-estimation of value of raw data, as distinct from value in ability and capability to link diverse data sets and thereby derive actionable insights; generalisation of conclusions about data capabilities of global consumer data platforms to include other large data driven businesses and shared data eco-systems; and over-concentration upon current tools of competition policy, rather than exploring the possibilities for using a variety of incentives and regulator tools to effect context specific rebalancing of data rights.
Raw data has little inherent value. Large quantities of data are often less valuable than small quantities of the right diversity of transformed and correlated data sets. Data value is derived not by what data is, but by the ability of an entity:
Exclusivity of an entity’s practical control of data can be qualified through regulatory action in a variety of ways. Possible value depleting regulatory interventions include:
Sometimes data derives value not through direct application of that data, but through enabling testing and development of code for application on other data. So-called artificial intelligence (AI) didn’t beat grand masters in chess and Go by being intelligent, but through playing games 24x7x365, generating ‘training data’ to inform machine learning (ML). In AI and ML applications, data may thereby enable code that enables analysis of other data, making that other data more valuable. Often a large volume of data of uneven quality can yield algorithms of substantial value, which may then make poor data or narrow data sets more valuable. In short, data (through the intermediary of code) can be transformative in value of other data.
Creating value in data
Valuation of so-called ‘data rich’ businesses is sometimes confused by a failure to distinguish between the quantity and range of data sets that a business holds, and the capabilities (or lack thereof) of a business to transform those data sets into actionable insights or other sustainable business advantage. Transformational methods, code and algorithms are often fungible across business sectors, with the result that data rich businesses concentrated within particular industry sectors may not achieve economies of scope of data analysis that are available to cross-sector service providers. Scarcity of human capital, and in particular experienced data scientists, means that much data that is captured today is not transformed and never achieves its potential value. Human capital remains the key investment in cleansing, transforming and linking data, in discovering useful correlations, and in creating and applying algorithms to data sets to derive actionable insights. Technology enables, but humans (still) create. What is more, humans are ambitious, fickle and moveable. A quality people culture will often be the key business differentiator of good data driven organisations.
To put it another way: the analogy commonly drawn between ‘control of data’ and ’ownership of oil’ undervalues the value-adding contribution of the processes required to ‘refine’ data and create algorithms and code to power actionable insights for businesses. Good insights as outputs are only possible through firstly, a good deal of hard work in creation of quality data inputs, and second, development, refining, testing and deployment of robust algorithms that are the engine of transformation of data into insights. Creation of quality data inputs and robust algorithms is difficult and can be slow. This is one of the principal reasons why many of the more ambitious predictions as to roll-out of applications of artificial intelligence have proven incorrect.
Valuable business insights are often deployed in disrupted product or service sectors that are characterised by increasingly short product lifecycles, where returns on investment are highly uncertain. Markets for outputs of data are volatile and unpredictable. Refined (real) oil can be stockpiled, whereas much data is time sensitive and rapidly loses value. Actionable insights often have narrow application, a short shelf-life and require continuing innovation and reapplication. Oil is fungible across many industrial, transport and heating applications, and the movement from fossil fuels to alternative energy is still agonisingly slow. Oil markets may appear to be volatile, but the markets for outputs of data analysis are often substantially more unpredictable.
Further, you can own oil, but (generally) you can’t own data. The closest simulation of ‘real’ legal ownership of data that is available to a data controller is to ensure that ‘the service provider’s data’ (which the provider does not ‘own’ as ‘property’) remains defensibly protectable as legally trade secret and confidential information. But increasingly, data sets must be shared to some degree to yield value. Data sharing within multi-party data ecosystems is required to deliver almost all online services, particularly internet of things (IoT) applications, and also many offline suppled products and services. Many IoT services, and online platforms such as Amazon and Alibaba, require a complex supply-side data sharing eco-system of five or more data holding entities to enable delivery of a service to an end-user and billing for that service. A business to consumer IoT service may include a retail service provider, a data analytics service provider, a cloud data platform, a telecommunications network services provider, a billing services provider, a mobile app provider and an IoT device provider, all sharing data in a world today without settled industry standards as to data minimisation and data security. In other words, at least some sharing of data is required to deliver many services, while at the same time the service provider seeks to protect data value through imposition of safeguards and controls to ensure that ‘the service provider’s data’ (which it does not ‘own’ as ‘property’) remains defensibly trade secret and confidential. This is a difficult balancing act.
How should uses and applications of data be regulated?
Before we can determine whether particular uses and applications of data need to be regulated, we need to apply a nuanced understanding of data and good data governance.
Data can be infinitely reproduced and shared at effectively zero cost. Data does not derive its value through scarcity. Value in data is usually created through investment in ‘discoverability’: in collecting and transforming raw data to enhance capability to link data to other data and then explore the linked data sets for correlations and insights. Often in data analytics projects about 70-80% of the cost is cleansing and transforming raw data to make it discoverable: the high-end work of then analysing the transformed data is the smaller part of a program budget.
Discoverability may be created within a privacy protected data analytics environment. In many cases, substantial data value can be created and commercialised without particular individuals being or becoming identifiable. Through deployment of appropriate controls and safeguards, analysis of personal data need not be privacy invasive. Of course, it is easier to link disparate data sets by using personal identifiers than it is to deploy a properly isolated and safeguarded data analytics environment that uses only pseudonymised data linkage transactor keys. It is also easier to release outputs and insights without taking reliable steps to ensure that the outputs cannot be used to re-identify affected individuals. Good privacy management is exacting. The frameworks, tools and methodologies for good data governance are immature and are therefore not well understood. And good data handling on its own does not create good outputs. Executives of organisations often do not know how to evaluate the quality of their data scientist units and the reliability of data science outputs and insights. The term ‘data science’ carries, as the term management science once did, the enticing ring of exactitude. However, algorithms may be painstakingly derived and applied, but may be based on poor data, or simply misapplied in particular contexts. Often poor data practices are implemented inadvertently, or as a result of cutting corners, rather than through bad intent.
Most importantly, we need to recognise that most data about what humans think or do is generated through transactions involving those humans in circumstances where humans no longer understand or control the data exhaust associated with those transactions. Most data is inherently transactional, but it is gathered from, or is about, transactions that take place in circumstances where many individuals making the transaction do not fully understand this transaction, or even that there has been a transaction. In any event, these transactions are between multiple parties and so there is a bundle of rights and responsibilities attaching to them that can be reallocated or repackaged by regulatory intervention. Where citizens and consumers are unwilling or unknowing transactors, there is particular vulnerability to data uses that may be adverse to their interests. A simple example: I don’t choose to be observed by my very smart rental car, but I am. When I drive it out of the parking slot, I don’t reach for the vehicle manual to school up on the car’s data analytics capabilities. Often, I have no real opportunity to think about whether or not they should give consent. Even when I am informed about particular data collections, life is too short for me to read and evaluate the terms: I do not knowingly and reflectively give consent to particular uses.
Protecting the rights of participants in multi-party data ecosystems
Should recalcitrant consumers (such as me) who don’t read all terms proffered to us be punished for our failure to engage with the torrent of privacy disclosures by organisations with whom we deal?
I don’t need more notice or more click-through consents.
I don’t expect, or need, regulators to force more responsibility on me.
But even if I don’t care about privacy, I might wish to join ranks with many millennials and demand to know who is doing what, with the data they have about me. Many millennials do not care about privacy or transparency by right, but sense that value is being derived from data about them, that free services are great but no-cost may be less than fair value, and that they are not given enough information to force a meaningful negotiation over fair allocation of data value.
Many businesses are reluctant to initiate a discussion as to what is fair to consumers, because they can’t control that discussion, or they simply don’t want to give away value. Some early mover data platform businesses, including Facebook, captured the data high ground and since then have engaged in tactical retreats, giving away certain data value if and when required to mitigate particular crises in digital trust of consumers. Many other data driven organisations, such as some insurers and banks, are more willing to sacrifice short term data value in order to preserve longer term certainty and therefore sustainability for data value-adding investments. However, they are concerned that initiating a discussion with customers as to fair data exchange can lead to unpredictable and uncontrollable outcomes: explanations of many data applications and data value chains are devilishly tricky and can sound self-serving, or just plain spooky. Try explaining to sceptical citizens and consumer advocates how real time programmatic advertising does not require any disclosure of the identity of ad recipients, or explaining how audience segmentation value is allocated at points in the advertising and media supply chain. Most data applications have unique, but similarly complex, multi-party supply and fulfilment value chains.
Leaving aside the desire for demand-side transparency to reduce information asymmetry and to enable negotiation as to data value exchange, why should a consumer need to engage with a data collector as to whether a particular collection of data is a fair exchange for benefits that the data collector provides to the data subject, proportionate and reasonable? More transparency may help a consumer advocate or regulator to make relevant assessments, but regulators should not be forcing transparency on the pretext that citizens should then determine whether to change their behaviour. Regulators don’t require consumers to take responsibility for determining whether a consumer product is fit for purpose and safe when used for the product’s stated purpose, and unsuitable or unsafe when used for other purposes. Why should data driven services be any different?
In any event, I usually don’t know when an algorithm is being used in a way that may affect how an entity deals with me, particularly where the algorithm is fuelled by data which is not personally identifying (and therefore largely unregulated by most existing data privacy laws). I don’t want transparency and then responsibility for me to exercise a decision based upon evaluation of that transparency. Instead, I want accountability of the data controller, to ensure that the data controller responsibly and reliably does what is fair and reasonable. This may lead to a need to restrict data flows within a multi-entity data ecosystem, or require opening up of data ecosystems to new data intermediaries. Of course, ‘fairness’ is a notoriously normative concept, which is why competition law seeks exactitude of economic theory in evaluating effects on consumer welfare. Beneficence for most consumer means less than ‘fair’ treatment of a few, at least as those few perceive treatment by others of them. It all turns on the particular context.
Critics of data driven businesses often rightly say that too many data businesses are not self-reflective about balancing their own and societal interests. Many businesses don’t stop to ask: just because I can use data in a particular way, should I? There is a risk that regulators will fall to a similar temptation when considering regulation of business uses of data. Big data holdings of global data corporations look like clear candidates for competition regulation. Data driven businesses can’t assert legal protection against deprivation of ‘their property’ in data, because the bundle of rights and responsibilities of a data controller are not property in data. Rebalancing is unusually enabled because most data is not legally ‘owned’, as ‘ownership’ is conventionally analysed in most jurisdictions. Legally recognised ‘property’ may be tangible (chairs, dogs and pencils) or intangible (software, creative writing, trade marks and patents). Data is none of these things: I don’t own personal data about what I think or do, and often I don’t even know when it is collected or used. Often a large component of intangible value is trade secret (confidential information). Trade secrets are not ‘property’ in most national legal systems and in most (if not all) national variants of generally accepted accounting principles. As a result, rights of protection of trade secrets more readily yield to regulatory interventions.
Of course, the market capitalisation of both ‘unicorns’ and ‘data giants’ demonstrates that public share markets and venture capitalists see value outside traditional classes of property. A single trade secret ‘asset’ can be worth millions, or billions, of dollars. Google emerged out of nowhere to dominate the search engine world by use of Google’s trade secret algorithms. Google’s success today depends upon protecting the trade secret assets collectively described as the Google brand. Many trade secrets derive their value through closely guarded central control: the recipe for Coke, the Google search ranking algorithms, and so on. These trade secret ‘assets’ may not appear in the balance sheet as assets, but derive value through being closely guarded: it is this management that creates scarcity.
Conclusion
Regulators have a broad range of available regulatory tools that may be used to affect activities of data driven businesses. Available tools include enforcement of data protection, consumer protection and competition (antitrust) laws, the new ‘consumer data right’, and facilitation of enforcement by individuals of rights of access to, or portability of, transactional data (whether or not personal information about them) as held by data custodians. These tools should be selectively and surgically used to address particular contexts of data use by businesses that warrant regulatory intervention. But protection of consumers, of individual’s rights of privacy, and of fair competition between entities that operate in a shared data ecosystem over a data platform controlled by one of the parties, are tightly intertwined. Rebalancing the rights and responsibilities of participants in this ecosystem – affected individuals, other consumers, platform operators and entities that willingly or not contribute relevant data through use of the platform – can have profound implications. There is clearly a role, and a need, for good regulation. But context is critical in dynamic markets. Outcomes of regulatory interventions may be unpredictable and unintended. It is hard to be a good regulator. | https://www.scl.org/articles/10614-thinking-harder-about-data-ownership-and-regulation-of-data-driven-business |
The course presents an introduction to the relationship of law and business. It focuses on specific principles of commercial law in certain subject areas. Topics include contracts, sales, agencies, the Uniform Commercial code, harassment and unemployment laws, and other current legal issues.
UPON COMPLETION OF THE COURSE, THE STUDENT WILL BE COMPETENT IN:
- Identifying the role of law in society.
- Discussing torts, negligence, and liabilities.
- Identifying the elements that create an enforceable contract.
- Discussing circumstances in which a court may free a person from his or her contractual obligations.
- Explaining the conditions and comments that make a verbal contract enforceable.
- Describing contracts that are generally required by law to be in writing.
- Discussing the rights of third parties to a contract.
- Discussing sales law under the Uniform Commercial Code (UCC) Article 2.
- Discussing Consumer Protection laws.
- Discussing immigration and labor laws.
- Distinguishing sales from other transactions and applying the special UCC rules to the formation of sales contracts.
- Describing when title and risk of loss pass from seller to buyer.
- Discussing warranties and product liability that sellers of goods have for injuries caused by defective products.
- Identifying the rights that buyers or sellers have when the other party breaches a sales contract.
- Discussing the types of securities issued by a corporation.
- Explaining the Federal and State registration procedure pertaining to securities issued by a corporation
- Discussing employment law.
- Discussing antitrust regulations.
- Discussing alternative dispute resolution.
- Discussing environmental law. | http://www.o-wallstreet.com/programs-and-courses/course-catalog/course/BUS3101.html |
Intellectual and industrial property rights
Except for the specified exceptions (copyright of third parties and affiliates), the entire content of the website delfinoyarns.gr, including images, graphics, photographs, texts, services and all the files on this site, are intellectual property, trademarks and service marks of the website delfinoyarns.gr are protected by the relevant provisions of Greek law, European law and international conventions. Therefore, none of them may be wholly or partially sold, copied, modified, reproduced, republished or "loaded", transmitted or distributed in any way.
Excluded is the case of saving a single copy of part of the content in a simple / personal computer (PC) for personal and not public or commercial use and without deletion of the indication of origin on the website delfinoyarns.gr, without prejudice in any way the intellectual and industrial property rights. All other products or services mentioned on the electronic pages of present node and bring the signals of the respective organizations, companies, collaborators, operators, associations or editions, constitute their own intellectual and industrial property and therefore the bodies bear the responsibility.
Visitor’s/user’s responsibility
The visitor / user of the pages and website services delfinoyarns.gr assumes responsibility for any damage caused to the site delfinoyarns.gr from poor or improper use of the service. Disclaimer Site delfinoyarns.gr in any circumstances, including negligence, the operators of the website delfinoyarns.gr are not responsible for any damage suffered by the visitor / user pages, services, options and content of the website delfinoyarns. gr that he made on his own initiative and with the knowledge of the terms hereof.
The contents of the website delfinoyarns.gr provided "as it is" with no warranty expressed or implied in any way. To the fullest extent under the law, the operators of the website delfinoyarns.gr refuse all warranties, express or implied, including, but not limited to, those which involve the merchantability and suitability for a particular purpose.
The administrators of the website delfinoyarns.gr do not guarantee that the pages, services, options and content will be uninterrupted, error free or that errors will be corrected.
Administrators of delfinoyarns.gr also do not guarantee that the same or any other related sites or the servers used by the visitor, are free of "viruses" or other harmful components.
Administrators of delfinoyarns.gr do not guarantee in any way for the accuracy, completeness or availability of content, pages, services, choices or their results.
The cost of any corrections or services is borne by the visitor / user and in no case the administrators of delfinoyarns.gr.
Links to other sites
The administrators of delfinoyarns.gr do not control the availability, content, policy of protection of personal data, the quality and completeness of other web sites and pages referred in this site via "links", hyperlinks or advertising banners . So for any problem occur during the visit / use should be addressed directly to the respective web sites and pages, which bear the responsibility for the provision of their services. Administrators website delfinoyarns.gr in no way are deemed to embrace or accept the contents or services of web sites and pages referred to or linked to them in any other way.
E-commerce
This site provides to visitors / users electronic commerce services in accordance with the specific terms expressed and respecting the privacy of personal information submitted on the use of these services. Administrators of delfinoyarns.gr are not responsible for the quality of goods acquired through e-commerce services and the transaction commits only the visitor / user and the provider of goods. Therefore, there is no way this website or managers are involved in the court dispute arising from this transaction. Finally, the user's signature at the receipt of the goods, acquired through this website, indicates that the products received are in accordance with the order of the customer / visitor / user. In case the order was sent incorrectly, the customer should not sign under any circumstances and the products should be return to the headquarters diveshop, the expenses are responsibility of the diveshop.
Applicable law and other conditions
These terms and conditions of use of the website delfino yarns.gr, and any amendments, changes or alterations, are governed and supplemented by Greek law, the law of the EU and the relevant international treaties. Any provision of these terms that are against the law, ceases to apply and is removed from the present, without in any way affect the validity of other conditions. This constitutes the entire agreement between the website delfinoyarns.gr and the visitor / user of the pages and services and binds only them. No modification of these conditions or a part of that agreement shall be taken into account, unless it’s expressed in writing and incorporated in it.
MAIN RIGHTS REPORT ON E-COMMERCE
How do I confirm the identity and security of the commercial site I visit?
An online store that ensures the safety of its customers will use and list explicitly all the necessary safety systems. It will also provide the necessary information to verify its identity. Before proceeding with your transaction carefully check the website for the identity and the security systems being used.
You can learn about the "identity" of the online web-store you visit by seeking through the Internet registries (eg international data base www.whois.net or Greek data base www.hostmaster.gr/cgi-bin/webwhois ). There you will find out who exactly has established this online store, i.e. Who is the real owner. You can also search for the existence of a special mark on the site proving its identity. Yet, before you make any purchases, it would be useful to contact by phone the physical store (an obligation to be indicated in the site) to see if it really is the store you have selected.
In terms of safety, an online store should use a series of "safety systems" to ensure the security of transactions, such as:
A digital identity (digital ID) from a recognized certification body (digital identities confirm the identity of the trader). A security protocol (eg, Secure Socket Layer - SSL, ή Secure Electronic Transaction - SEΤ). A secure connection. Before providing the details of your credit card verify that you are using a secure connection by noticing on your screen in the web address area the symbol https: //. The presence of this symbol provides additional security.
Tests for safety and reliability of the shop must be made regardless of whether our access to the Internet is done by computer, mobile phone (e.g. WAP) or interactive television. Furthermore, we must bear in mind that purchases via mobile phones of this generation introduce a different level of risk due to the wireless transmission so you should try to be informed about the security of electronic commerce services of this type.
Can I trust the details of my credit card on the Internet?
Many hesitate to give the number of their credit card to an online store even if it’s well known. This hesitation is mainly psychological since there are several things that someone should keep an eye on, but the rumor grown about an enormous security problem does not reflect reality. As shown by international experience, a small percentage of frauds with cards, are related to online transactions. Today, online stores, by encrypting the data (including the adoption of digital signatures in the near future), have significantly reduced cases of online fraud. Even in the unlikely case that you notice a transaction on your credit debit card that you didn’t do, you have the right to contact the bank that issued your credit card and ask to cancel this transaction. The bank is obliged to investigate your complaint and then to act in a way similar to the one it would do at a contractual transaction. If your request is justified, they will refund your money. But attention: Your request for cancellation of the charge should be made within a reasonable time (specified in the contract that you made with the operator of the credit card). Therefore you should necessarily check carefully the monthly statements of your card (this advice applies to all transactions you make with a credit card, electronic or otherwise).
If you, however, continue to be cautious giving the details of your credit card, you can proceed with the transaction by asking to pay with alternative means, such as the delivery or transmission of your card number by fax to an authorized office of the company. You can even contact your bank and ask about the new credit limited debit cards, a product that will soon be released in the Greek market as well.
What personal data do I have the right to preserve from any use?
The regulations concerning the protection of personal data are applied to the network environment too. Personal data is not a "free commodity". The collection and processing is permitted only if it is needed for the transaction and the extent of it is necessary, appropriate and related to or with the purpose of the transaction. Personal data should only be used for the purpose of which they are collected for and retained only as long as necessary for the purposes of the transaction. The collection and processing of personal data can be a part of a particular transaction only with your consent, after you’ve been informed about the purpose, categories of data etc .. Your prior consent is required also if the online store or online business wants to transmit data about you to third parties. Please be aware that each visit to an online store and every transaction leaves digital traces. These digital traces are often used to create a consumer profile. The collection of such data by technologies like cookies unknowingly without your consent, constitutes a violation of the law. Additionally, you can choose to remain anonymous during browsing the online store or by doing the transaction (to the extent that it may be possible in the implementation of the transaction).
And what happens if I finally receive something I did not expected?
Any purchase over the Internet falls under the provisions of the laws on consumer protection (Law 2251/94). This means that you have the right to return the product (in the condition you received it) or the purchased service even, in most cases, without giving explanation. For goods the time limit is within the ten (10) working days from the date of them (without opening the packaging, in accordance with the special arrangements for specific product categories), and for services, from the date of receipt of the documents that inform you that the purchase agreement was concluded. It should be noted that with regard to financial services, subject to the adoption of a Directive at Community level for the distance marketing of such services. According to the existing Directive 97/7 / EC on the protection of consumers in respect of distance contracts, explicitly excluded from the scope of contracts for financial services.
They say that the legal framework for electronic commerce in Greece has not yet been created. Finally are there any laws that protect me?
Yes, there are. E-commerce is itself a form of trade and therefore apply to it all the Community directives (Community law) and the national provisions on consumer protection related to the trade in general. For example, the Law 2251/94 mentioned above for the "Consumer Protection" contains provisions on distance contracts (Article 4) to be applied in the case of electronic commerce.
As regards the personal data, there is a framework of binding rules established by law no. 2472/97 (to protect the individual from the processing of personal data) and law no. 2774/99 (on protection of personal data in the telecommunications sector) . You can read these laws online at the Data Protection Authority (http://www.dpa.gr).
The dealing with issues that arise from the illegal use of the Internet today is with the legal provisions covering traditional trade while there are also in use the special laws on telecommunications (N. 2246/1994).
And when I buy from abroad? What should I be aware of? What laws protect me?
There is not yet a coherent legislative-regulatory framework for electronic commerce, applicable to all countries. A consumer, when buying from outside the EU before making any purchase, should seek for the information available to the trader in the e-shop. He may ask the dealer for more information, if those are not satisfy him. He should prefer online stores that have the approval or certification of known public or private organizations.
This information must include the following:
True identity of the trader (name, geographical address, etc ..) How to contact the trader electronically and traditionally (email-email, fax, telephone, etc ..). Final price for the product or service (taxes, shipping costs, etc ..). Product warranty. Shipping method and delivery time, repudiation, payment method and delivery, etc .. How to cancel the order in case of error or change of mind. Confirmation of receipt of the order. Information about protection of personal data (if after the transaction, the trader will delete the items from his list, if not go to an other companies, etc ..) Where he addresses his complaints. If something goes wrong (eg late delivery or no delivery.) How the product will be returned, additional costs for the return, etc ..) Which court has jurisdiction and which law will apply to their case.
A customer of the EU countries can turn to the court of his domicile in case of a dispute arising with foreign trader or company. (Article 15c of the Regulation revised the Brussels Convention on jurisdiction, CEC L 012, 16/01/2001, to be applied in the near future). The law to be applied by the court is determined by the Rome Convention (ATC C 1997), in most cases it's the law of the consumer's country, as well as the Instructions for consumer's
protection and the mandatory rules which are applicable under Greek law. Very soon the majority of European Union countries will have the opportunity to dispute resolution that arise from e-commerce at national and cross-border level. This system (EU-NET) will result the avoidance of court costs and faster resolution of the disputes.
Where can I turn to if I have any problem with an online store?
Depending on the nature of the problem encountered please contact:
Firstly, the shop where you did the purchase. In the professional association representing the merchant industry. In the Chamber of the shop. In the consumer protection service of the Ministry of Development (tel. Line 1720). The committees 'amicable settlement' in the Prefectures of Greece. To the customer service or the issuing Bank Division from which you got your credit card. The Banking Ombudsman (tel. 210-3376700). In the Data Protection Authority (tel. 210-3352602-5). On Consumer Associations. There are 44 throughout Greece. Mentioned below are the four biggest: ONE HUNDRED (tel. 2310-857007 or 2310-866800) EKPIZO (tel. 210-3304444), INRA (tel. 210-9829152 or 210-9888937) KEPKA (tel. 2310-269449). In the Ombudsman (tel. 210-7283664). And of course ... to your lawyer.
Having read the above, can I now trust you and buy whatever I want from any online store?
The Decalogue tips on what to look for and who to contact, cannot cover all situations and substitute in any way the convention you will conclude with the online store for this market. You should carefully look at the terms of the contract in any market you will enter into, which should be clearly indicated. It is important to carefully read the trading conditions and not easily give your consent (by clicking Agree / Agree the contract).
Where can I learn more about the above points?
There are sources of information on the Internet where you can learn about your rights, the security and protection of your personal data and the legal regime governing electronic transactions both in Greece and abroad. For example the website: the Greek Consumer Organizations : www.inka.gr, www.ekato.org, www.ekpizo.org, www.kepka.org pan-European consumer organizations. Illustration: www.anec.org, www.beuc.org, www.eurocoop.org the Data Protection Authority in order to learn more about the rights concerning your personal data www.dpa.gr the Greek e-Business Forum www.ebusinessforum.gr the National Confederation of Greek Commerce (ESEE) and the Commercial and Industrial Chamber of Athens. | https://www.delfino.gr/en/terms-of-use |
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