Saturday, October 29, 2005

The Church of Scientology “cease and desist” order isssued last month to the New Zealand owner of a Tom Cruise parody website called scienTOMogy demanded they shut down the site, and transfer ownership to the Church, or face a lawsuit of up to $100,000.

The website responded on Saturday by stating, “Their claims are completely frivolous” and that “scienTOMogy.info is a parody site showing the recent lunacy of Tom Cruise—confusion of any kind with their site is literally impossible… We’re keeping our domain… see you in court.”

On September 14, the Church’s law firm, Moxon & Kobrin, responded via email that the scienTOMogy website domain was an infringement of their trademark that would cause a “likelihood of confusion” with their own, and thereby broke federal law. Specifically, the Church cited the Lanham Act, 15 U.S.C. ? 1125(a).

The Lanham Act contains the federal statutes governing trademark law in the United States. The Church would have to prove factors such as “proof of actual confusion”, “product types, proximity and marketing”, “their respective appearance and meanings”, and “(bad) intention behind selecting the mark”.

Glen Stollery, the website’s owner hit back at the Church by stating, “We have researched this and believe their claims are completely without merit. The church can provide no proof as to any confusion regarding the sites. For instance, scientology.info does not even exist, so compared to scienTOMogy.info it is hardly a matter of someone hitting the wrong key. We also have a Full Disclaimer at the top of the front page and in the website’s meta-tags stating that there is no connection between ourselves and the church. Not to mention the fact that the site is completely non-commercial in nature, and does not generate a single cent of revenue nor offers any services of any kind. It is a parody site showing the recent lunacy of Tom Cruise—confusion of any kind with their site is literally impossible.”

Stollery continues “The non-commercial use of a trademark as the domain name of a website—the subject of which is consumer commentary about the products and services represented by the mark—does not constitute infringement under the Lanham Act.” Bosley Medical Institute v. Kremer (9th Cir., Apr. 4, 2005). In this instance, we are even one step further removed as their trademark is “scientology” not “scienTOMogy” Their claims are completely frivolous.”

If this is the case then it would not be the first time the law firm would be found guilty of filing frivolous complaints. In 1994, Helena Kobrin of Moxon & Kobrin, counsel for the Church of Scientology, was ordered to pay sanctions in the total sum of $17,775 for filing a frivolous complaint in federal court. Stollery states on his website that he believes this is simply a way of “scaring any critics into instantly backing down at the prospect of costly lawsuits regardless of their innocence.” In closing he says to the church “I’m calling your bluff. File your lawsuit we’re keeping our domain… see you in court”

Friday, May 23, 2008

A controversial development training course called “Landmark Forum” is cited in religious discrimination lawsuits in United States federal courts in New York and Washington, D.C. The seminars are run by a San Francisco, California-based for-profit training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor. The sperm bank and surrogacy company Los Angeles-based Growing Generations is named as a defendant in the New York lawsuit, and the Democratic political action committee Twenty-First Century Democrats is a defendant in the Washington, D.C. case.

In separate lawsuits filed in the United States District Court for the Southern District of New York in Manhattan, New York, and in the United States District Court for the District of Columbia in Washington, D.C., former employees are suing their employers for monetary damages and claiming religious discrimination after their employers allegedly mandated that they attend courses at Landmark Education.

In the US$3 million federal lawsuit filed in New York, Scott Glasgow is suing his former employer Growing Generations and its CEO Stuart Miller. Growing Generations maintains sperm banks and also arranges surrogacy for gay couples who wish to have children. The company has offices in New York and Los Angeles, and has done business with celebrities including actor B. D. Wong of Law & Order: SVU.

Glasgow was marketing director of Growing Generations, and claims he was fired in June 2007 after refusing to continue attending Landmark Education seminars. Glasgow is also suing for sexual harassment, and claims Miller came on to him in September 2006. He made approximately $100,000 per year as the company’s marketing director, and was the company’s only employee based out of New York City. The company’s main offices are in Los Angeles.

“I was shocked when I was fired. It took me months to right myself. I want them to stop imposing Landmark on the employees, and I want an apology,” said Glasgow in a statement in The Village Voice. Brent Pelton, one of Glasgow’s attorneys, stated that: “The Landmark philosophy is deeply ingrained in the culture of the company”. Glasgow said that the Landmark Education training courses were “opposite” to his Christian beliefs. According to Glasgow he was questioned by Miller in May 2007 after he walked out of a Landmark Education course, and was fired shortly thereafter. “We stand by the allegations contained in the complaint and we look forward to proving them at trial,” said Pelton in a statement to ABC News.

Ian Wallace, an attorney who represents Growing Generations, claimed that Glasgow wasn’t fired but walked away from his position. “Growing Generations and Mr. Miller are very confident that these claims will be dismissed ultimately, and there’s no factual basis for them whatsoever,” said Wallace in a statement to The Village Voice. Lawyers representing Growing Generations and Stuart Miller declined comment to The New York Post, and did not immediately return a message from ABC News.

In Glasgow’s complaint, entered into federal court record on April 18, he asserts that Landmark Education constitutes a “religion”, and “perceived their philosophy as a form of religion that contradicted his own personal beliefs”. He states that when he was promoted to Director of Marketing, he asked Miller if he could stop attending the Landmark sessions but was told that they were mandatory for all of the company’s executives and that Landmark is “very much the language of the company.” Glasgow said his performance at the company was assessed based on how he was “touching, moving and inspiring” others, a phrase from the Landmark philosophy, as opposed to his business accomplishments at the company. The complaint claims that the actions of Miller and Growing Generations violated Federal, New York State and New York City civil rights laws.

The lawsuit filed in federal court in Washington, D.C. deals with a separate plaintiff and company, but the plaintiff in the suit also claims that religious discrimination took place for allegedly being mandated to attend Landmark Education courses. Kenneth Goldman is suing the United States Democratic political action committee Twenty-First Century Democrats (also 21st Century Democrats) and its former executive director Kelly Young. Goldman was formerly the communications director of 21st Century Democrats.

According to Goldman’s complaint, three employees of 21st Century Democrats were fired after refusing to attend the Landmark Forum course. The complaint asserts that Landmark Education has “religious characteristics and theological implications” which influenced the mission of 21st Century Democrats and the way the organization conducted business. Goldman’s complaint states that in addition to himself, a training director and field director were also fired after they made it clear they would not attend the Landmark Forum.

Goldman says executive director Young infused Landmark Education jargon terms into staff meetings such as “create possibilities”, “create a new context”, and “enroll in possibilities”. He also claims that Young “urged” staff members to participate in Landmark Education events outside of the workplace, drove employees to and from Landmark functions, and used funds from 21st Century Democrats to pay for employees to attend those functions. Goldman’s complaint asserts that he was discriminated against in violation of the District of Columbia Human Rights Act.

In a statement in The Washington Times, the executive director of 21st Century Democrats, Mark Lotwis, called the lawsuit “frivolous” and said: “we’re going to defend our organization’s integrity”. Landmark Education spokeswoman Deborah Beroset said that the Landmark Forum “is in no way religious in nature and any claim to the contrary is simply absurd,” and stated: “While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.”

The New York lawsuit was filed April 14, and is still in early filing stages. A conference with the federal court judge in the case has been scheduled for June 17. The Washington, D.C. suit began in November 2007, and entered mediation this past March. As of April 15 the parties in the case were due back to court on July 11 to update the court on the mediation process.

Landmark Education is descended from Erhard Seminars Training, also called “est”, which was founded by Werner Erhard. est began in 1971, and Erhard’s company Werner Erhard and Associates repackaged the course as “The Forum” in 1985. Associates of Erhard bought the license to his “technology” and incorporated Landmark Education in California in 1991.

This is not the first time employees have sued claiming mandatory attendance at “Forum” workshops violated their civil rights. In a lawsuit filed in December 1988 in the United States District Court for the Northern District of Georgia, eight employees of DeKalb Farmers Market in Decatur, Georgia sued their employer claiming their religious freedom and civil rights were violated when they were allegedly coerced into attending “Forum” training sessions. “Many of these training programs, particularly at large corporations, claim to be purely psychological, aimed at improving productivity and morale and loyalty. But in fact they are religious,” said University of Denver religious studies professor Carl Raschke in a statement to The Wall Street Journal.

The DeKalb Farmers Market employees were represented by lawyers for the American Civil Liberties Union. Consulting Technologies Inc., an affiliate of Transformational Technologies Inc., was named as a party in the lawsuit. Transformational Technologies was founded by Werner Erhard, and was not named as a party in the suit. The “Forum” course that the employees claimed they were mandated to attend was developed by Werner Erhard and Associates. Employees said that they were fired or pressured to quit after they objected to the Forum courses.

The workers claimed that the Forum course contradicted with their religious beliefs. The plaintiffs in the suit included adherents of varying religious backgrounds, including Christianity and Hinduism. “The sessions put people into a hibernating state. They ask for total loyalty. It’s like brainwashing,” said Dong Shik Kim, one of the plaintiffs in the case. The plaintiffs said they lost their jobs after objecting to a “new age quasi-religious cult” which they said was developed by Werner Erhard.

The DeKalb Farmers Market denied the allegations, and an attorney for the company Edward D. Buckley III told The Wall Street Journal that employees were encouraged, not coerced, to attend the training sessions. According to The Wall Street Journal, The Forum said it would not sanction workers being coerced to attend its training sessions.

The parties in the DeKalb Farmers Market religious discrimination case came to a settlement in May 1989, and the case was dismissed with prejudice in June. The terms of the out-of-court settlement were not made public, but the employees’ attorney Amy Totenberg told The Wall Street Journal that the case “has made employers come to grips with the legitimate boundaries of employee training”.

According to Title VII of the Civil Rights Act of 1964, employers must “reasonably accommodate” their employees’ religious beliefs unless this creates “undue hardship”. In September 1988, the Equal Employment Opportunity Commission issued a policy-guidance notice which stated that New Age courses should be handled under Title VII of the Act. According to the Commission, employers must provide “reasonable accommodation” if an employee challenges a training course, unless this causes “undue hardship” for the company.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.

Landmark Education itself has come under scrutiny for its controversial labor practices. The company has been investigated by the United States Department of Labor in separate investigations originating out of California, Colorado, and Texas. Investigations focused on the heavy reliance of unpaid labor in the company’s workforce, which Landmark Education calls “assistants” and deems volunteers.

An investigation by the U.S. Dept. Labor based out of Colorado found that activities performed by Landmark Education’s “assistants” include: “office, clerical, telephone solicitation and enrollment, as well as greeting customers, setting up chairs, handling microphones during the seminars and making coffee. Additionally, a number of volunteers actually teach the courses and provide testimonials during and after the courses.” The Colorado investigation’s 1996 report found that “No records are kept of any hours worked by any employees.” According to a 1998 article in Metro Silicon Valley: “In the end the Department of Labor dropped the issue, leaving Landmark trumpeting about its volunteers’ choice in the matter.” Metro Silicon Valley reported that Landmark Education at the time employed 451 paid staff, and also utilized the services of 7,500 volunteers.

After an investigation into Landmark Education’s labor practices by the U.S. Dept. Labor’s offices out of California, the company was deemed to have overtime violations. According to the Department of Labor’s 2004 report on the investigation, back wages of $187,569.01 were found due to 45 employees. An investigation by the U.S. Dept. Labor in Texas which concluded in 2005 stated: “Minimum wage violation found. Volunteers (Assistants) are not paid any wages for hours worked while performing the major duties of the firm. The assistants set up rooms, call registrants, collect fees, keep stats of classroom data/participants, file, they also are answering phones, training and leading seminars.”

The Texas investigation also discovered an overtime violation. Landmark Education agreed to pay back wages for the overtime violation, but did not comply with the overtime violation found by the U.S. Dept. Labor for the “assistants”. Landmark Education denied that the “assistants” are employees, though the Department of Labor report concluded: “Interviews reveal that the employees are taking payments, registering clients, billing, training, recruiting, setting up locations, cleaning, and other duties that would have to be performed by staff if the assistants did not perform them.”

According to the 2004 investigative report by Pièces à Conviction in the “Voyage au pays des nouveaux gourous” program, Landmark Education was investigated by the French government in 1995. In the “Voyage au pays des nouveaux gourous” program volunteers were filmed through a hidden camera and shown performing duties for Landmark Education in France including manning phones, recruitment and financial work for the company, and one volunteer was shown cleaning a toilet.

Le Nouvel Observateur reported that after “Voyage au pays des nouveaux gourous” aired in France, labor inspectors investigated Landmark Education’s use of unpaid volunteers. According to Le Nouvel Observateur, one month after the labor investigation took place the French branch of the company had disbanded. A former “Introduction Leader” to the Landmark Forum, Lars Bergwik, has recently posted a series of videos to YouTube critical of the company and its practices. Bergwik appeared on a 2004 investigative journalism program on Sweden’s Channel 4, Kalla Fakta (Cold Facts). According to Bergwik, after the Kalla Fakta program on Landmark Education aired, “Landmark left Sweden”.

Monday, September 7, 2015

The US economy added 173,000 jobs in August, the Bureau of Labor Statistics reported on Friday. The unemployment rate fell from 5.3 to 5.1 percent, the lowest since April 2008.

Although August job gains were lower than most economists forecast, job growth numbers for June and July were revised upwards by a combined 44,000. Average job gains over the past three months stand at 221,000, compared to March-May’s 189,000 monthly average. Over the past twelve months, job growth has averaged 247,000 per month.

Average hourly earnings rose 0.3 percent, or 8 cents, marking the largest increase in earnings in seven months. Hourly earnings had risen by 6 cents in July. Wages have risen by 2.2 percent over the past year.

Job growth in August was primarily concentrated in the health care and social assistance, financial activities, and professional and business services sectors. Those three areas of the economy added a combined 108,000 jobs. Food service and drinking places employment increased by 26,000 over the month, and other economic sectors saw employment hold steady. Manufacturing, on the other hand, saw employment decline by 17,000 in August. A stronger dollar and worldwide economic weakness make US exports less desirable, leading to a flattening in manufacturing employment so far this year after steadily rising in the early years of the US economic recovery.

The solid overall job gains led analysts to slightly raise expectations for a decision by the Federal Reserve to raise interest rates this month. Investors raised the likelihood of a September rate increase from 26 percent before the jobs report to 30 percent, and stocks dropped by over one percent on Friday. “The payrolls data is certainly good enough to allow for a Fed rate hike in September,” said Deutsche Bank’s head of currency strategy, Alan Ruskin. “The big question is still whether financial market volatility will scupper the plans.”

“This is the first time the market has looked at a Fed meeting and really has no idea what the Fed is going to do,” said Mark Kepner, a New Jersey equity trader with Themis Trading. “Right now you’re looking at the overall uncertainty and that’s what’s hanging on the market. I don’t think this number in and of itself changes how somebody’s going to vote.”

Friday, November 3, 2006

On November 13, Torontonians will be heading to the polls to vote for their ward’s councillor and for mayor. Among Toronto’s ridings is St. Paul’s West (Ward 21). One candidate responded to Wikinews’ requests for an interview. This ward’s candidates include John Adams, Tony Corpuz, Joe Mihevc (incumbent), and John Sewell.

For more information on the election, read Toronto municipal election, 2006.

Wednesday, April 1, 2009

The United Stated Department of Justice has asked for corruption charges against former Alaska Senator Ted Stevens to be dropped because evidence was withheld from the defense team by the original prosecutors. The Justice Department has stated that they will not retry Stevens.

In a statement, US Attorney General Eric Holder said, “After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.”

Stevens was convicted in October on seven felony counts of lying on senate disclosure forms about gifts, largely in the form of free renovations to his home, received from an oil service company; his conviction is thought to have been a large factor in his November electoral defeat to former Anchorage mayor Mark Begich, the current junior Senator from Alaska. Stevens immediately appealed his conviction and has maintained his innocence.

The prosecution case has met with a number of procedural difficulties, with US District Court judge Emmet G. Sullivan holding the prosecution in contempt in March for failing to turn over documents concerning an FBI whistleblower’s reports of mishandling of the case. The Justice Department has since replaced the case’s prosecutors, and the allegations of misconduct have held up sentencing from the original convictions.

The filed papers indicate that notes were never turned over from an interview that has the oil contractor estimated the house renovation for far less then he specified at trial.

The original trial team was removed, but in the end Attorney General Eric Holder thought it would be best if the case was dropped. NPR’s source indicate that Holder wish to forcefully transmit that prosecutorial misconduct will not be tolerated. The trying prosecutors are under investigation by the Justice Department for their conduct in the matter.

Stevens, now 85, served as Alaska’s Senator from 1968 to 2009.

Thursday, November 12, 2009

Researchers have found a crucial genetic difference between humans and chimps that could help explain our language and speech abilities. The difference lies in a gene called FOXP2 which encodes for a protein of the same name. This acts as a transcription factor, controlling the activity of other genes.

The human and chimp versions of the protein differ in only two of their 740 amino acid components, but when researchers at the University of California, Los Angeles, replaced the human gene with the chimp version in neurons grown in the laboratory, they found it affected the expression of at least 116 other genes.

The results are detailed in a paper published on Thursday in the scientific journal Nature.

Author of the study Dr. Daniel Geschwind, of the David Geffen School of Medicine at UCLA, said the gene had a “major role” in differences between chimps and humans. “We showed that the human and chimp versions of FOXP2 not only look different but function differently too.”

Some of the affected genes control the formation of connections in the brain, whilst others relate to facial movements. Several have already been found to be involved in language disorders. Mutations in FOXP2 itself were also known to affect speech and language; the gene was first identified in members of a family suffering from language problems who were found to share a genetic mutation.

Frances Vargha-Khadem at University College London has studied patients with FOXP2 mutations, and agrees with the new research. As well as language problems, some of her subjects have changes in the shape of their jaws, mouths and tongues. She thinks that chimps may also have these differences.

“We believe FOXP2 is not only important for the higher order cognitive aspect of language but also for the motor aspect of speech and language,” said Genevieve Konopka, one of the authors of the paper at UCLA.

Previous research indicates that the changes in FOXP2 occurred around 200,000 years ago with the rise of modern humans. Geschwind also suggests that several of the related genes may have evolved together. Preliminary studies have shown signs that they too emerged relatively recently.

Scientists are now keen to further study FOXP2 and the genes that it affects. Geschwind believes this could eventually lead to breakthroughs in treatment for disorders such as autism and schizophrenia, which affect language skills.

The study was funded by the National Institute of Mental Health, the A.P. Giannini Foundation and the National Alliance for Research on Schizophrenia and Depression.

Tuesday, June 27, 2006

Ikeda Kanako, a 21-year-old senior student of the Meiji Gakuin University and the first daughter of celebrity surgeon Yuko Ikeda, was kidnapped at about 1225 (UTC+9), June 26, 2006, in Shibuya, Tokyo.

A bullet was fired and one officer slightly cut when police stormed a Kawasaki apartment to rescue the girl.

Kanako was dressed in a white light half-sleeved cardigan, blue jeans with a bistre belt made of leather, a spring green camisole and carried a bag of Vuitton when she was abducted at a bus stop.

She was found unharmed 13 hours later by Japanese police at a condominium located in Nakahara-ku, Kawasaki, Kanagawa. The young woman’s make-up was not disordered; Kanako’s long brown fringe was not disheveled at all and she was wearing what she had been when she was kidnapped.

The kidnapping of Kanako was a big story in Japanese media in June, 2006. The story appeared in many newspapers as the front-page news on June 27, 2006.

Kanako and her kidnappers had been in touch with her mother using Kanako’s mobile phone. The effort to free her was helped greatly by a woman who witnessed the moment Kanako was taken; she wrote down the license plate of the van and other details.

Police traced mobile phone calls and were able to locate the van in Kawasaki where they detained two of the kidnappers as they went shopping.

One conspirator Li Yong, 29, from China, led the policemen to the apartment and tricked Kaneo Ito, 49, from Japan, to open the door. Ito managed to discharge one bullet before being restrained by an assistant police inspector, the first man in the room.

The other man involved in the kidnap of Kanako was Choi Gi Ho, 54, from South Korea. Kanato was freed unharmed.

The Tokyo Metropolitan Police Department arrested three men on suspicion of conspiring to kidnap a woman and hold her to a reported 300 million yen ransom.

Monday, August 15, 2005

Oregon State University (OSU) animal researchers in conjunction with the U.S. Department of Agriculture‘s (USDA) Dubois, Idaho-based Sheep Experiment Station released a report on an OSU-USDA study which was initiated in 1995 after breeders asked the government to determine why some rams bought as breeding studs showed no interest in females. The researchers are working under a $2.8 million grant from the National Institutes of Health in hopes of developing a test which can determine the likelihood of a ram being female-oriented before it is sold as a stud.

By studying difference in the animal’s brains after slaughter, the study also showed what could be a biological determiner for what makes a ram male-oriented instead of female-oriented sexually. The scientists’ results showed that the anterior preoptic area of the rams’ hypothalamus was 50 percent smaller in male-oriented rams as opposed to female oriented rams. A 1991 study of human brains of AIDS victims showed a similar hypothalamus size difference between gay and heterosexual men.

The sheep researchers postulate that low levels of aromatase hormones in the brain of a developing male sheep fetus may have kept the brain from fully masculinizing, leading to sexually male-oriented rams.

“This lends further support to the idea that homosexuality has biological underpinnings,” Charles Roselli, a professor of physiology and pharmacology, said in an interview with the Corvallis Gazette-Times.

Professor Stormshak believes that “understanding sexual drives and the continuum of sexual behavior could possibly help explain the scientific basis of sexual assault [and] put an end to assertions that homosexuality is a lifestyle choice.”