Dear Prospective Publishers:
Hospitals & Asylums
Book Proposal by Tony Sanders HA-24-8-07
To publish the first edition of the HA manuscript at
Be it enacted in the House and Senate, a private bill referred to the Committees on House Administration and Senate Rules and Administration to buy the book and manuscript.
Sec. 1 Substance of the Proposal………………………………………………………..2
Sec. 2 Curriculum Vitae………………………………………………………………...4
Sec. 3 About Hospitals & Asylums……………………………………………………..5
Sec. 4 Competing with HA……………………………………………………………...8
Sec. 10 CHAPTER 1 Military Democracy……………………………………………11
Sec. 20 CHAPTER 2 Attorney General Ethics……………………………………….12
Sec. 30 CHAPTER 3 Health and Welfare…………………………………………….13
Sec. 40 CHAPTER 4 State Mental Institution Library Education………………….14
Sec. 50 CHAPTER 5 International Development…………………………………….15
Sec. 60 CHAPTER 6 Model Rules for Community Corrections…………………….16
Sec. 70 CHAPTER 7 National Cemeteries……………………………………………17
Sec. 80 CHAPTER 8 Drug Administration…………………………………………...18
Sec. 90 CHAPTER 9 Public Health Department……………………………………..19
Sec. 100 CHAPTER 10 Armed Forces Retirement Home…………………………...21
Sec. 101 Publishing Industry Economics……………………………………………...21
Sec. 102 Working with Publishers……………………………………………………..28
Sec. 103 Internet Publishing…………………………………………………………....31
Sec. 110 Copyright Arbitration………………………………………………………..35
Sec. 111 Congressional Publishing…………………………………………………….40
Appendix on Correspondence…………………………………………………………46
Appendix on Permission Requests…………………………………………………….56
Bibliography…………………………………………………………………………….58
Fig. 1 Defense Budget and Federal Budget Deficit 1990-2006……………………….11
Fig. 2 International Trade in millions of $ and Detention 1980-2005……………….12
Fig. 3 Medicare and Social Security Income and Cost Rates 1970-2080…………....13
Fig. 4 Institutionalization in the USA (per 100,000 adults) 1928-2000……………....14
Fig. 5 International Assistance 1990-2010…………………………………………….16
Fig. 6 Adult correctional populations 1980-2005……………………………………...17
Fig. 7 15 Leading Causes of Death in the United States……………………………...18
Fig. 8 Trillion Dollar Global Drug Market 2000……….……………………………..19
Fig. 9 Percentage Increase in Health Insurance Premiums Compared to Other Indicators, 1988–2006…………………………………………………………………..20
Fig. 10 Number of Books Published in 1996…………………………………………..21
Fig. 11 US Book Sales 2002-2006……………………………………………………....26
Fig. 12 $ Sales of the US Publishing Industry 2006…………………………………...27
Fig. 13 E-books 2002-2006……………………………………………………………...32
Fig. 14 How a Federal Bill Becomes a Law…………………………………………....41
Sec. 1. Substance of the Proposal
I have been writing Hospitals & Asylums (HA), Title 24 of the United States Code, full time since 2000. The primary manuscript is over 1,000 pages, ten chapters and 435 sections after five years between 2003 and 2008. There are two other manuscripts and another on the way this Veteran’s Day. HA draft statute now has an alphabetized bibliography and enactment clauses and will be ready to hit the presses when I complete the 7th draft of the Constitution of Hospitals & Asylums Non Governmental Economics (CHANGE) later this month or the beginning of September. It is hoped to have test questions for every chapter by 2010 and another ten chapters every five years, thereafter. I am looking for publishers interested in purchasing the copyright to the first edition of HA and other manuscripts. I am asking for funding from two sources, Congress and a private publisher. Whereas most publishers take between 4 and 8 months to review a book proposal I will accept offers until April 2008 and it is hoped the book will go into print that summer. You will all receive the complimentary quarterly and are encouraged to subscribe to the monthly e-newsletter, for free.
This book proposal is for a hardback textbook of the primary manuscript and paperback versions of smaller works. The manuscript is published on the Internet as an ebook and publishers may choose to pay for the work cutting it and publishing it in htm sections although I was planning to wait until 2010 when there would be fewer amendments. Publishers may also choose to afford the author a living wage through subscription. The substance of this proposal is that I would consent to sell to one publishing company exclusive rights to the ISBN-13[1] of the first edition of HA draft statute. HA is a free public service and is going to remain that way. Publishers should view the e-book as free promotion and Congress as a potential source of subsidy and marketing for works that are made available to the public. I would like to sustain the interest of readers and encourage writers, editors and actors to further the HA political organization. Ultimately what I am looking for is a publishing company to print no less than one HA manuscript a year. It is acceptable for a publishing company to print just one copy of the manuscript for the author for free. I am however hoping that HA will be a best selling ISBN-13 for a long time, enter college and high school curriculum and be enacted by the US Congress. To express interest just send an email with your proposal or editorial comments and subscribe to the journal, it is neatly summarized and you can participate in it.
The publishing company should be interested in working with US Congress to make HA a law and must respect the moral and material interest of the author to be respectfully consulted in this process. When editing draft legislation one should uphold the standards set forth in this brief checklist for the legislative drafter[2].
1. Is the title short yet clearly expressive of the general subject matter of the bill?
2. Is the enacting clause in the bill at the proper point and is it exactly correct in form?
3. Are definitions provided for those words used in the statute which do not have fixed and single meaning in normal usage and which might give rise to ambiguity in the state if not defined?
4. If a definition is set out for a word, is the word used throughout the statute with exactly the defined meaning.
5. Is the bill written in a clear style and can it be easily understood by those affected by it?
6. Is the bill divided into sections and subsections in such a way as to achieve maximum clarity?
7. Are the substantive provisions of the bill logically arranged?
8. Does the bill accomplish its intended purpose?
9. Does the bill do more than is intended?
10. Does the bill create new problems without providing solutions?
11. Does the bill affect existing laws without intending to do so?
12. If the bill is intended to affect existing laws, are its provisions properly integrated with such laws so that no conflicts will arise in interpretation or administration?
13. Does the bill affect pending matters? If so, does it indicate their disposition?
14. Are all statutory references in the bill accurate?
15. Are all conflicting statutes specifically repealed?
16. Does the bill infringe upon the fundamental freedom from fear and want?
17. Has a specific effective date been considered and a clause inserted providing therefore, or is it desired that the bill become effective upon passage?
The general provisions for new editions of Code and Supplements are that they are not published oftener than once in each five years under 1USC(3)202(c). Each compilation is annually prepared for printing of the parliamentary precedents and advance royalties are sought under the Legislative Branch Appropriation Act of 1966 (79 Stat. 270; Public Law 89-90) at 2USC(1)§28. $6,500 appropriations for the preparation and editing of the Code and Supplementals of the United States and District of Columbia are made available to the Judiciary Committee under 1USC(3)§213. The 110th Congressional Committee on House Administration under House Rule X(j)(4) and the Senate Committee on Rules and Administration under Rule 25.1.n (1)(10) of the Standing Rules of the Senate, purchase books and manuscripts.
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules (MR). The place of mediation shall be Congress. The language to be used in the mediation shall be English. If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 90 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules (EAR).
Sec. 2 Curriculum Vitae
My full name is Anthony Joseph Sanders, but most people call me Tony. I was conceived on a kibbutz in Israel and born on 11 August 1974, on the Island of Tholen in the Kingdom of the Netherlands. My sister, Sharon Michelle, was born exactly two years later, on the same day, August 11, 1976, in Visalia, California. Our birthday occurs at the height of one of the largest meteor showers of the year, the Perseid Shower 20 July – 24 August with +/- 95 meteors an hour[3].
I have lived in the USA since before I was one year old and was naturalized a US citizen at the age of 14, after moving to Cincinnati, Ohio, at the age of 10. I returned to Holland to study the Dutch language after graduating from high school a year early and achieved a conversational level of fluency. I worked as a medical office manager for my mom from 1991-1992 and began attending the University of Cincinnati in 1992. I studied at the Facultad de Anthropologia in the Universidad Autonoma del Yucatan for a semester in 1993 and became interested in indigenous rights at the time NAFTA was ratified and attended Peace Talks between the Zapatistas and Army. After taking some time off to sell imported art[4], work, litigate and travel I returned to the university in 1998, was a volunteer reporter for the school newspaper and was elected president and vice president of the University of Cincinnati Earth Company, a campus environmental group in 1999.
I graduated with a BA in International Relations in 2000 from the University of Cincinnati and a free certificate in Mental Health from BRIDGES consumer education course in 2001 that helped to secure the disability insurance I subsist on until Congress or private publishers pay[5]. Since 2001 I have been writing a quarterly Hospitals & Asylums (HA) e-newsletter on the equinox and solstice and monthly since December 2004. I drafted the US settlement from whence the $33 billion Iraq reconstruction fund arose and wrote the first draft of the Iraqi Constitution in spring of 2003[6]. In 2004 I drafted a $1 trillion international development decade in the Hearing AID Act that was claimed by Bank One who later founded the ONE campaign to realize the 1% rate of taxation needed to eradicate global poverty[7].
In May 2005 I filed for registration of the Hospitals & Asylums Non Governmental Organization with the NGO Section of the UN Department of Economic and Social Affairs[8]. Realizing that the US was having financial difficulties, with an account deficit more than $1 trillion, I strove to balance the budget. On January 1, 2007 I filed the first annual lobbying activity disclosure of HA with the US Congress and we were successful in limiting the budget deficit from more than 3% of the GDP to 1.5% and the international trade deficit to less than $800 billion, for an account deficit that should be less than $1 trillion for the first time in three years[9]. I am looking for a publishing company interested in working with Congress to progressively make my bill a law.
Sec. 3 About Hospitals & Asylums Organization
The market for HA has great potential for growth. The HA website receives around 1,000 visits a month. The monthly report is sent to about 100 subscribers and the quarterly is sent to over 10,000 people around the world. Random articles are published by Associated Content[10]. I would estimate that 25 people have read the HA manuscript in its entirety and 100,000 people have ever heard of the HA non-governmental organization and maybe a million have read the statute under which 10,000 patients lead 50 million veterans and mentally ill Americans by example. The HA acronym goes much farther - the new draft insures all 6.6 billion people on the planet and 300 million Americans, in ten fields of study. I update statistics and report breakthroughs on an annual schedule. I am also available to answer questions by email and to publish submissions on the Internet. All that is needed is a seasoned publicist to spread the word and we could all live in a more peaceful and prosperous world.
The mission of the HA nongovernmental organization is to draft an enlightening rule of law grounded in the statutory principles of peace and freedom already on the books, for future generations. HA traces its history to the Naval Hospital Act of Feb. 26, 1811 by Paul Hamilton of South Carolina, secretary of the Navy under President James Madison. The codification of the law that coined Hospitals & Asylums, Title 24 of the United States Code, was the work of Hon. Edward C. Little who died on June 24, 1924, shortly before the permanent laws of the USA entered into force on Dec. 7, 1925.
The vision is for everyone to learn of their right to write Hospitals & Asylums at the top of their prose documents. The nation has a right to HA and so do its people. HA is as an extremely important literary work for America and the world, on par with Adam Smith’s “Wealth of Nations” in 1776 and the US Constitution, which it amends. Hospitals are self-explanatory. Asylums on the other hand require some explanation. The American Heritage College Dictionary[11] defines asylum as 1. An institution for the care of people who require organized supervision or assistance. 2. A place offering protection and safety, a shelter. 3 A place formerly constituting an inviolable refuge for criminals or debtors. 4. The protection afforded by a sanctuary. 5. Protection and immunity from extradition granted by a government to a political refugee from another country. Black’s Law Dictionary[12] defines asylum as 1. A sanctuary or shelter. 2. Protection of political refugees from arrest 3. An institution for the protection of and relief of the unfortunate, especially the mentally ill in the sense of the insane asylum. For posterity sake it should be added to the definition of asylum, the administration of parliamentary democracy, or in this case, a publishing contract.
HA was discovered in 2000 and in 2001 a quarterly newsletter was begun. A monthly newsletter was started with the help of the website that went public on 4 December 2004. In December of 2004 an agent claiming to be from Simon & Schuster called to offer a $20,000 advance however he never called back. In June of 2007, I began writing news articles for Associated Content (AC), the People’s Media Company, for $5 an article. A substantial right to relief has arisen for several major accomplishments.
First, the drafting of the $20 billion US portion of the $33 billion Iraq Reconstruction Fund settlement, led to the largest reparation in international history after I wrote the first draft of the Iraqi Constitution[13]. Second, in January 25, 2004 Bank One declared the $1 trillion in assets from the first draft of the Hearing AID Act, they later founded the ONE campaign to eradicate global poverty[14]. Third, after several years of advocacy the first annual lobbying activity disclosure (LAD) of January 1, 2007 was successful in limiting the federal budget deficit from more than 3% to 1.5% of the GDP[15] and the international trade deficit to less than $800 billion so that our account deficit will be less than $1 trillion this 2007, for the first time in three years. All that remains for the 110th Congress to do before fiscal year 2007 is over is to pass H.CON.RES.110 Expressing the sense of the Congress that Iraq should vote to approve or disapprove the continued deployment of United States Armed Forces to Iraq.
HA has three other manuscripts. First, a 200 page lobbying disclosure on federal economics that has been successful in limiting the budget deficit to 1.5% from 3% of the GDP and the international trade deficit to less than $800 billion, and will be updated for January 1, 2008. Second, a 250- page official development atlas of the States of the United Nations (SUN) amended in the months of March and September to improve international governance and establish an international tax administration. Third, a new story called “Me, Myself and Iraq” that should be done for Veteran’s Day 11 November 2007 to tell how I drafted the $33 billion Iraq Reconstruction Fund, the largest reparation in international history, and wrote the first draft of the Iraqi Constitution and why, when and where the US must re-deploy.
Whereas many philosophers publish fifty or a hundred books in their lifetime[16] I too have taken the oath to write at least one new manuscript a year and promise to be a prolific writer at the cutting edge of several fields of study – international relations, macro-economics, the US code, public health, welfare and justice. Any publishing company, literary agent or Congress member wishing to make a significant and positive impact on world history, by passing the largest reforms in US history, including two proposed Amendments to the US Constitution, should consider publishing HA.
The people have a right to know about HA. They have a right to know who has been leading the nation while its leaders took a holiday in Afghanistan and Iraq. They have a right to cite HA in their prose documents, research reports, petitions and lobbying efforts this new millennium. They have a right to write HA on the tops of their documents and be published and distributed by the non-governmental organization for free or for pay if a fund is ever established. They have a right to check HA out of public lending libraries. They have a right to progressively realize the improvements to the federal and international government proposed by HA. Most of all they have a right not to have their nation undermined because Congress and private publishers unfairly deny me a living wage for helping everyone to achieve a higher level of socio economic development through the study of HA.
Sec. 4 Competing with HA
Most publishers require authors to compare their works with three competitors to explain why the new work is better. As a non-governmental organization, HA is competitive with other political organizations, in the fields of legislation and politics. HA combines the best of political philosophy and the best of law to produce the finest statute possible. HA statute, Title 24 of the United States Code, as supplemented by Title 24 of the Code of Federal Regulations, is competitive with the entire 50-volume work for the stewardship of the nation. HA cases and code need to be freely available on the Internet, as an ebook to be competitive with the US Code and great philosophers.
The ebook would be more competitive if it were published in easily readable htm sections. HA would then be just as fast as the code but more informative, with links to independent sources, charts and reports. Anderson Publishing Co. who publishes the Ohio Revised Code, the Cornell University who publishes the Legal Information Institute and Findlaw may have an edge in government transcription technology but HA will be even faster and more pleasant to use when cut into htm sections by 2010 as planned or faster with financial incentive. Leading the way to a more perfect Union.
Having been written by a non-governmental organization the new code is self-explanatory in its scholarship. Two good examples of this sort of high impact socio-economic research that can be found on the Internet in their entirety, because so many years have passed since their death that copyright protection has expired, are Adam Smith and Karl Marx. Most importantly to the US our “liberal democracy” is entirely upon the liberal economic theory of Adam Smith in his Inquiry into the Nature and Causes of the Wealth of Nations that was published in 1776, the same year that the US declared its Independence from the UK[17]. The economic relationship between US policy and statistics adheres closely to Smith’s theory. Labor is the instinctual human basis for a distribution system that benefits everyone. When leaders go to war the nation gets into debt because the public would never pay for an unnecessary and lengthy war. Trade deficits occur because of infringement upon free trade by robber barons. These three theories dominate the calculation of current US accounts – GDP and GNI, federal budget and international trade balance.
Karl Marx’s Communist Manifesto of 1848 was very influential in the 20th Century[18]. Although workers never made it as a political party in the US communist ideology is well represented administratively and is needed to combat increasing inequalities between rich and poor. The greatest achievements of communism have been the international acceptance of payroll taxes and social security system and the creation and dissolution of the Soviet Union in 64 years. HA is similar to the communist philosophers, who believed that good government will lead the masses to an optimal middle class life style by engaging in useful and freely chosen work redistributing the wealth from the rich to the poor. HA however has a much stronger grip on law and good governance than communism and is not allied with violent revolutions and right wing extremist parties. HA intends to build a utopian society that will last because the Party was forged in a peaceful Parliament free of fear and want, for the benefit of all.
The American political scene is currently divided between liberal democrats and conservative republicans. Conservative leadership was usurped by so-called neo-conservatives who were soldiers disguised as their greatest enemy, people clever enough in liberal economic theory to advocate conservative values for the finance of fascism, oppression and armed force, the movement was damaged by this wolf in sheep’s clothing. The greatest hypocrisy in the conservative movement is found in its rejection of environmental conservation laws. The conservative movement thrives on its Hippocratic opinions whereas conservatives look pure and holy and the liberals look bloodthirsty. In politics however it is the conservative leaders who make war and disrespect human life and fail to be political, while liberal leaders uphold law and order and so far in the 21st century, have completely monopolized morality.
The liberals have had to sober up and take responsibility for the governance of the nation as the result of this breech of integrity in the conservative camp since 9-11. Anthony D. Romero took the helm of the American Civil Liberties Union in September 2001, a week before the attacks on the World Trade Center and the Pentagon. The ACLU has made peace with religion in order to win the war on terror. In 2007 Harper Collins published Romero’s book In Defense of Our America that seeks to redress recent cases of oppression[19]. Since the 2004 Presidential elections Move On, and the ONE campaign have became influential liberal organizations with millions of members. The message is clear - liberals want peace, liberals uphold international treaties, liberals are able to organize and achieve their goals peacefully and in the 21st century it is the liberals not the conservatives who determine the morality of government actions. As good as the liberal movement is at mobilizing the working class and raising the minimum wage they are not great producers of books.
For over sixty years, HUMAN EVENTS has been devoted to fundamental American principles of the right, it is the flagship publication for the conservative movement during the past 50 years. recent national survey found that Democratic professors outnumber Republican professors 3 to 1 in economics, 28 to 1 in sociology, and 30 to 1 in anthropology. American conservatives oppose the Kyoto Protocol. Al Gore’s 20-room mansion and pool house devour nearly 221,000 kilowatt-hours of electricity a year - more than 20 times the national average. Conservatives compensate for the liberty shortage by publishing a great number of political books, many quite politically incorrect. Laura Ingraham’s new book, Power to the People, was distributed by HUMAN EVENTS for free with the purchase of a subscription. Power to the People has a much more genuinely conservative approach to the separation of powers, direct action and social change, than most conservative recent works[20]. Even the finest of conservative literature lacks the vision of HA for a world that is free of fear because it is free of fascism.
HA is actually a little statelier than any political party or action committee or philosopher since Aristotle and is not an adversarial concept but an integral part of our national destiny that was overlooked during the 20th century. HA statute directs reform to achieve a much higher level of government performance. HA is competitive with the Human Rights Council that cooperates with national institution to defend the human rights of authors as in NSF at Committee on the Elimination of All Forms of Discrimination against Women. 38th Session. United Kingdom. 14 May – 1 June2007.
In the first eight months of 2007 there were nine distributions of treaty body recommendations through the listserve administered by the Treaties and Council Branch of the Office of the High Commissioner for Human Rights, around a hundred cases[21]. HA is a more reliable periodical than the Human Rights Council however HA has a much smaller clientele of victims of human rights abuses. HA does not write the treaties that all nations uphold, HA upholds human rights for the US with socio-economic and legal research and planning. HA is essentially the US national human rights institution versed in the four Ds – Development, Diplomacy, Disarmement and Democracy.
HA greatly furthers the democratic reforms to the UN begun with Han Köchler’s 1995 book, Democracy and the International Rule of Law: Propositions for an Alternative World Order[22]. HA recasts the UN to uphold a popularly elected civilian government and the US to eliminate the psychological warfare and xenophobia written into the administration during the Cold War. The need for reform is obvious and Köchler made a case for it. HA makes the objectives of government reform clear. With HA there is a way to right every wrong.
We shall win the War on Terror by amending Title 22 Foreign Relations and Intercourse (a-FRaI-d) to Foreign Relations (FR-ee). We shall stop making war by dividing the USAID Bureau for Asia and Near East (ANE Asylum) into two Bureaus the Bureau for the Middle East and Central Asia (MECA) including North Africa, and the Bureau for South East Asia (SEA). We shall free trade and love by renaming the Court of International Trade US (COITUS) to the United States International Tribunal (USIT). We shall transfer authority for the DEA and the Controlled Substances Act (CSA) to the Secretary of HHS. We shall rename the Department of Health and Human Services (DHHS) to the Public Health Department (PHD). For a lasting world peace the UN must also set down the Generals of the United Nations (GUN) and elect a Secretary of the United Nations (SUN) and Official Parliamentary Assembly (OPA).
Sec. 10 CHAPTER 1 Military Democracy (MD)
To amend Chapter One Navy Hospitals, Naval Home, Army and other Naval Hospital, and Hospital Relief for Seamen and Others §1-40 and change the name of the Department of Defense (D0D) to the Military Department (MD). The US employs an estimated 2.4 million US soldiers and 600,000 civilian employees. The chapter sets a spending limit of $400 billion under a pay-as-you –go policy. In FY 2006 military spending was cut to $470 from $510 billion and the deficit was only $250 billion, down from $350 billion.
Fig. 1 Defense Budget and Federal Budget Deficit 1990-2006
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Source: Department of Defense, Congressional Budget Office
Since its foundation the US military has suffered 1,128,075 casualties. Over 4,000 US troops have died fighting in Afghanistan and Iraq. There are reported to be 26.4 million veterans living in the USA. Under the Nuclear Non Proliferation Treaty the US, who has 10,000 warheads, must reduce their arsenal to no more than 1,700 to 2,200 nuclear warheads by 2012. Elimination of various Cold War weapons systems can save $50 billion from maintenance. Redeployment from Iraq can save another $50 billion.
The foundation of AFRICOM will help to treat Africa, which has seen 186 coups d'etat and 26 major wars in the past 50 years, some 2.8 million refugees and fully half of the world's 24.6 million internally displaced people are victims of conflict and upheaval in Africa. It is resolved to give democratic peace theory, that democratic nations are more peaceful, a fair try, by eliminating all forms of psychological warfare from government, pushing for an international government that upholds the four Ds – Development, Disarmament, Diplomacy and Democracy…pp 1
Sec. 20 CHAPTER 2 Attorney General Ethics (AGE)
To amend Chapter Two Soldier’s and Airmen’s Home §41-70 and pass a Justice of the Peace Amendment to the US Constitution. Fifth draft. As the number of prisoners exceeds 2.2 million and we struggle to keep the international trade deficit less than $800 billion, it is a time to rededicate us to the ideals that inspired our founders. As a judicial philosophy Title 24 adheres to the term “Justice of the Peace” that could be realized with name changes in two Courts - Probate Court and the International Court of Justice. The Court of International Trade of the United States (COITUS) also needs to change their name to US International Tribunal (IT). Federal judges need to be limited with five-year term limits, with a two-term limit to the Supreme Court.
Our primary goal is to cut the US prison population in half. Congress must reinvest in halfway houses to get under the legal limit of 250 prisoners per 100,000 citizens. To regulate the transfer the Justice Assistance Grant must be transferred to probation, parole and community corrections. $1 trillion is a good estimate of the economic clout of the US legal system. $90 billion for police, $60 billion for corrections, and $42 billion for the judiciary.
Fig. 2 International Trade in millions of $ and Detention 1980-2005
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Source: Bureau of Justice Statistics, Bureau of Economic Analysis
In 2001, the majority of the 93 million judicial cases filed, were processed by 15,555 state trial courts operating under the supervision of the county; 13,515 of limited jurisdiction and 2,040 of general jurisdiction, operated by 29,266 judges. Traffic court is the most frequently filed of all courts, 55.7 million traffic cases filed, roughly half of them were heard in traffic courts because the defendant wished to contest the case or had difficulty paying. 15.8 million cases were filed with the civil division, the highest settlement was a $28 billion tobacco product liability tort. 14.1 million criminal cases were filed. Domestic Relations and Family Courts processed 5.3 million cases. 2 million criminal cases were filed in Juvenile Courts in 2001. 276,408 cases were filed with the Appellate Courts…pp 122
Sec. 30 CHAPTER 3 Health and Welfare (HaW)
To Amend Chapter Three National Home for Disabled Volunteer Soldiers §71-150 and to pass a Balanced Budget Amendment to the US Constitution. Fifth draft. The objective of this Chapter is to insure Americans an income of $1,000 a month pursuant to the fine in §154. 162 million workers, 54% of the 300 million population, had earnings covered by a 15.3% in social security taxation, 12.4% split between employer and employee for retirement and disability insurance with a $96,500 limit on taxable income and 2.9% for Medicare across all income levels.
Fig. 3 Medicare and Social Security Income and Cost Rates 1970-2080
[pic]Source: Chart C Summary of the 2007 Annual Reports
SSA administrated $546 billion in benefits to 49 million people, 34 million retired workers, 7 million survivors and 9 million disabled workers for $5.3 billion in administrative costs and collected $745 billion in revenues, a $193.7 billion profit. As of 31 December 2006 SSA had $2,048.1 billion in savings, $1,844.4 billion in OASI and $203.9 billion in DI. CMS serves 87 million people with health insurance. Medicare covered 43.2 million people 36.3 million aged 65 and older, and 7 million disabled. Medicare expenditures were $408 billion, 3.1% of the GDP in 2006, and revenues were $437 billion, a profit of $29 billion bringing Medicare assets to $339 billion. Medicaid served 52 million beneficiaries at an annual cost of $305 billion. There are 45 million uninsured Americans.
Inflation in all health care costs must be limited to 3% annually. The new $65 and one half all further income exemption for SSI eligibility must be brought into use to resolve the disability backlog. The federal budget must be balanced while protecting SSA trust fund growth. Official development assistance contributions must be increased until there is a 1% international social security tax on every pay-stub…pp 243
Sec. 40 CHAPTER 4 State Mental Institution Library Education (SMILE)
To amend Chapter 4 St. Elizabeth’s Hospital §161-230. The District of Columbia Mental Health System established in what is now Article IX was successful in reducing the inpatient population from 7,000 to 600. This precedence needs to be followed by state mental institutions, private psychiatric hospitals, general hospital psychiatric wards and correction programs around the nation.
Globally mental illness and psychological disorders stemming from substance abuse are estimated to affect a combined total of 450 million people, 7.3% of the population. 55% of Americans suffered from mental illness at some time in their life and 1 in 5 Americans experience a diagnosable mental disorder in any given year. Mental illness is the second leading cause of disability, costing disability insurance an estimated $24 billion and medical insurance $65 billion annually. In 1997 30,535 people died from suicide in the U.S, it was the 11th leading cause of death in 2000.
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Source: Census Bureau, Department of Health and Human Services and Bureau of Justice Statistics; Harcourt, Bernard E. The Mentally Ill Behind Bars. New York Times. January 15, 2007
During 1999 there were 1.7 million admissions to inpatient psychiatric treatment, 424,450 were involuntary commitments. The de-institutionalization movement has been successful in reducing the psychiatric inpatient population by half from 515,572 in 1970 to 198,195 in 1998 but has not completely implemented community psychiatry.
Although there were a number of remarkable reports at the turn of the millennium and the UN established a Department of Mental Health and Substance Abuse the continuum of care is not improving like other medical specialties. Key reforms are a Mental Health Review Tribunal operated by the Board of Mental Health and the finance of community mental health care. De-institutionalization must fully implement community care backed by limited general hospital psychiatric wards, closing all state mental institutions and private psychiatric hospitals for forensic use, abolishing civil commitments, electro convulsive therapy and drug enforcement. MIRROR form…pp 401
Sec. 50 CHAPTER 5 International Development (ID)
To amend Chapter 5 Columbia Institution for the Deaf §231-250 and to take a daily roll call on Expressing the sense of the 110th Congress that Iraq should vote to approve or disapprove the continued deployment of United States Armed Forces to Iraq H.CON.RES.110.
US Ambassadors to the UN must make accounting for ODA their top priority and should devote at least 50% of their time to the cause. In 2006 the US is credited with contributing $20 billion, 0.18% of the GNI. In 2007 the US promises to dramatically increase foreign assistance to $35 billion, 0.3% of the GNI. Private donors who need to register for private bills contribute another $33 billion annually making this figure closer to 0.6% of the GNI on track to achieving the goal of 0.7% by 2010.
The global gross domestic product (GDP) is estimated at $63.5 trillion. The average per capita GDP is $9,600. The average life expectancy is estimated at 67.86 years. The average rate of incarceration per 100,000 was 162 a with a high of 737 in the USA. Global government budget revenues are estimated at $14 trillion and expenditures at $15 trillion. International trade is estimated at $12 trillion. Official development assistance (ODA) is forecast to levy $120.5 billion and disburse $112 billion - $125 billion is a good goal for contributions this 2007. The World Development Report recommends a minimum of USD12.00 per capita in health insurance.
The bad news is that international aid dropped 5.1 per cent from $106.8 billion in 2005 - a record high - to $103.9 billion in 2006. The good news is some 400 million people have escaped poverty in the last 20 years and the $1 trillion decade goal remains possible if the US would account for private contributions. In 2007 world population is between 6.56 and 6.8 billion.…pp 505
Fig. 5 International Assistance 1990-2010
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Source: Organization for Economic Co-operation in Europe DACNews April 2007
Sec. 6 CHAPTER 6 Model Rules for Community Corrections (MRCC)
To amend Chapter 6 Freedmen’s Hospital §261-270, fourth draft. A record 7 million people - or one in every 32 American adults - were behind bars, on probation or on parole by the end of 2005. Of those, 2.2 million were in prison or jail, an increase of 2.7% over the previous year. The US prison population quintupled between 1980 and 2004. In 1980 the US was a model judiciary with 503,586 prisoners (220 per 100,000). In 2004 the prison population was 2,085,620 (707 per 100,000). The US prison population is 24% of the 9 million global prisoners. The US has the most and densest concentration of prisoners in the world with an average of 724 prisoners per 100,000 citizens.
For the US to achieve the legal limit of 250 per 100,000 the total number of local jail, state and federal prison beds must be limited to less than 740,000. 1 million is good goal. Nearly 650,000 people are released from prison to communities each year. There are over 3,200 jails throughout the United States, the vast majority of which are operated by county governments. Each year, these jails will release in excess of 10,000,000, 3.3% of the population, back into the community. Nearly two thirds of released State prisoners are expected to be rearrested for a felony or serious misdemeanor within three years after release. Racial disparities among prisoners persist in the 25-29 age group, 8.1% of black men - about one in 13 – were behind bars, compared with 2.6% of Hispanic men and 1.1% of white men.
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Source: Bureau of Justice Statistics
Under Section 6 of the Justice of the Peace Amendment to the US Constitution, States shall probate and parole criminal offenders to community correctional housing and equal employment opportunity programs to substantially and sustain ably reduce the prison population to meet international minimum standards of detention. A Human Rights amendment and a 10 Year Community Based Corrections Equality Plan amendment to Civil Rights statute will help achieve the legal limit…pp 655
Sec. 70 CHAPTER 7 National Cemeteries (NC)
To Amend Chapter 7 National Cemeteries §271-296 and repeal Chapter 7a Private and Commercial Cemeteries §298, second draft. Federal regulation of the funeral industry is currently limited to the National Cemeteries under the supervision of the Secretary of Veteran’s Affairs and a prohibition of unfair and deceptive advertising on the part of the funeral industry that must provide a general price list to consumers. The vast majority of regulation of the funeral and cemetery industry is done by state license boards under state statute. The US and Canada are unique in that they embalm their dead. This Chapter bridges the division between National and Private and Commercial Cemeteries in the federal law so that Americans can proudly acclaim from the Arlington Memorial Amphitheatre, “Americans are buried under the law”.
It can be estimated that 56,597,030 people died around the world in 2004 an average of 863 deaths per 100,000, 0.86% of the population. The preliminary number of deaths in the United States for 2004 was estimated at 2,398,343, representing a decrease of 49,945 from the 2003 total. The preliminary estimate of life expectancy at birth for the total population in 2004 reached a record high of 77.9 years. The leading cause of death was heart disease, followed by cancer, medical malpractice, stroke, respiratory disease, accident and diabetes.
Fig. 7 15 Leading Causes of Death in the United States
|Rank |Causes of Death |Number |Death per 100,000 |
| |All Causes |2,416,425 |848.5 |
|1 |Diseases of the Heart |700,142 |245.8 |
|2 |Malignant neoplasms (cancer) |553,768 |194.4 |
|3 |Cerebrovascular diseases |163,538 |57.4 |
|4 |Chronic lower respiratory diseases |123,013 |43.2 |
|5 |Accidents (unintentional injuries) |101,537 |35.7 |
|6 |Diabetes mellitus |71,372 |25.1 |
|7 |Influenza and pneumonia |62,034 |25.1 |
|8 |Alzheimer’s disease |53,852 |18.9 |
|9 |Nephritis, nephrotic syndrome and nephrosis |39,480 |13.9 |
|10 |Septicemia |32,238 |11.3 |
|11 |Suicide |30,622 |10.8 |
|12 |Chronic liver disease and cirrhosis |27,035 |9.5 |
|13 |Homicide |20,308 |7.1 |
|14 |Hypertension and hypertensive renal disease |19,250 |6.8 |
|15 |Pneumonitis due to solids and liquids |17,301 |6.1 |
| |All other diseases |400,935 |140.8 |
Source: Centers for Disease Control
To process the 0.83% of the population that dies every year 0.05% of the population is employed in the death care industry. There were 23,015 death care service establishments with 164,823 employees, generating revenues of $12.6 billion, with a payroll of $3.5 billion, not including the manufacturers of caskets and funeral supplies. Per death receipts for funeral services are estimated to total $4,166 for a burial and $1,080 for a cremation on an average…pp 749
Sec. 80 CHAPTER 8 Drug Administration (DA)
To amend Chapter 8 Gorgas Hospital §300-320 and transfer the DEA to the DHHS. It can be estimated that the global market for drugs is roughly $1 trillion with $600 billion in global pharmaceutical drug sales and $400 billion in illicit drug sales. Global per capita expenditure for both pharmaceutical and illicit drugs of $150. In the US pharmaceutical consumption is estimated at $160 and another $65 billion of illicit drug consumption. Per capita expenditure on drugs can be estimated at $750.
An estimated 10 billion prescriptions are filled every year globally; 3.6 billion in the United States, nearly everyone consumes some sort of illicit, over the counter drugs, or prescription drugs. There are an estimated 180 million consumers of illicit drugs. Prohibition of narcotic drugs has oppressed the drug market for 75 years, drug arrests are down and it is time to free 500,000 US detainees to the substance abuse treatment community and permit the limited sale of cannabis by licensed cultivators and distributors.
Fig. 8 Trillion Dollar Global Market for Drugs 2000
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Source: Hospitals & Asylums Chapter 8 Drug Administration
Patented drugs have led to a 25 year increase of life expectancy in developed countries and there is great hope that developing countries will also have access to life saving treatment without regard for their ability to pay. Greater than 5% of prescriptions result in adverse drug reactions of which 100,000 are fatal in the USA. To heighten phamacovigilance of drug administration the legitimate medical purpose must be pursued to protect consumers from the dangers of both regulated and unregulated drugs.
To realize higher academic achievement in the regulation of drugs, the legitimate pursuit of medicine and science, the INCB and DEA must be adopted by their health agency respectively, the WHO and DHHS. A public health understanding of all the aspects of the drug trade, drug use, addiction, withdrawal and mental illness will make the people healthier, wealthier and wiser in their pursuit of happiness. MIRROR form…pp 788
Sec. 90 CHAPTER 9 Public Health Department (PHD)
To amend Chapter 9 Hospitalization of Mentally Ill Nationals Returned From Foreign Countries §321- §329 and change the name of DHHS to the Public Health Department (PHD). Health statistics need to be provided on the Internet by all facilities and health districts. US health care costs are growing rapidly at around 7-10% annually and nearly 47 million Americans, more than 15 percent of the population, are uninsured, up 6.8 million since 2000. The current debate regarding the cost of health care and health insurance hinges upon the figure of 3% - to earn the 3% payroll tax rate Medicare must limit the inflation of public and private health care costs to 3%.
The US has an average life expectancy of 77.85 years, 40th amongst 222 nations, and 14th amongst nations with populations over a million, 2,416,425 people died in the US in 2001, 8.48 per 1,000. Between 1993 and 2003 emergency department visits rose from 90,300,000 to 113,900,000 . It is confirmed that in 2004 there were an estimated 250,000 – 1 million deaths from medical malpractice. People with serious mental illness die at age 51, on average, compared with 76 for Americans overall, in the early '90s major mental disorders cut life spans by 10 to 15 years.
There are an estimated 6.6 billion people in the world with an average life expectancy of 67.86 years. The world population showed a 1.15% average growth rate with a birth rate of 30.53 and 13.32 deaths per 1,000. The Americas, with 10% of the global burden of disease, have 37% of the world’s health workers spent more than 50% of the world’s health financing. Africa has 24% of the burden but only 3% of health workers, commanding less than 1% of world health expenditure
Fig. 9 Percentage Increase in Health Insurance Premiums Compared to Other Indicators, 1988–2006
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Source: Exhibit A The Kaiser Family Foundation and Health Research and Educational Trust Summary of Findings of the Employer Health Benefits Survey 2006.
Health spending per capita in the US is the highest in developed countries - 24% higher than in the next highest spending country in 2003, and over 90% higher than in many other countries that would be considered global economic competitors…pp 874
Sec. 100 CHAPTER 10 Armed Forces Retirement Home (AFRH)
To incorporate the contents of Chapter 1 Navy Hospitals, Army and Navy Hospital, and Hospital Relief for Seamen and Others §1-40 in Chapter 10 Armed Forces Retirement Home §400-435. Sections 400 and 435 are original. The Armed Forces Retirement Home (AFRH) houses an estimated 1,600 veterans at the U.S. Soldiers' and Airmen's Home (USSAH) in Washington, D.C and the U.S. Naval Home (USNH) in Gulfport, Mississippi, that has been closed due to damages caused by Hurricane Katrina.
The Naval Home was established in the Naval Hospital Act of Feb. 26, 1811, by Paul Hamilton of South Carolina, secretary of the Navy under President James Madison. The charter was to provide a permanent asylum for decrepit and disabled naval officers, seamen, and Marines. The Naval Home was officially opened in 1834 and was known as the Naval Asylum until the name was changed to the Naval Home in 1880. The Soldiers' Home was established in 1851, as an asylum for old and disabled veterans.
The armed forces retirement home is a treasured right of veterans who have laid down their arms under Common Article 3 of the Geneva Conventions. AFRH statute settled the largest war reparations in history - $20 billion of the $33 Madrid conference for the reconstruction of Iraq that needs to be repeated equally for Afghanistan whereas common Article 1 of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights reaffirms the right of all peoples to self-determination…pp 1005
Sec. 101 Publishing Industry Economics
The UN Educational, Social and Cultural Organization (UNESCO) estimates that there were nearly 1 million books published in 1996, an estimated 962,888 titles. English is far and away the most prolific language in print. The UK and the USA are competitive, in some years the USA prints more, however in both years with statistical data 1996 and 2005 the UK published more books. In 1996 the UK published 107,263 books and the USA published 68,175 books. In 2005 the UK published 206,000 books and the USA 172,000 books[23].
Fig. 10 Number of Books Published Worldwide in 1996
1. United Kingdom (1996) 107,263 (2005) 206,000
2. China (1994) 100,951
3. United States (1996) 68,175 (2005) 172,000
4. Germany (1996) 71,515
5. Japan (1996) 56,221
6. Spain (1996) 46,330
7. Russian Federation (1996) 36,237
8. Italy (1996) 35,236
9. France (1995) 34,766
10. Netherlands (1993) 34,067
11. South Korea (1996) 30,487
12. Brazil (1994) 21,574
13. Canada (1996) 19,900
14. Switzerland (1996) 15,371
15. Iran (1996) 15,073
16. Poland (1996) 14,104
17. Belgium (1991) 13,913
18. Sweden (1996) 13,496
19. Finland (1996) 13,104
20. Denmark (1996) 12,352
21. India (1996) 11,903
22. Australia (1994) 10,835
23. Czech Republic (1996) 10,244
24. Argentina (1996) 9,850
25. Hungary (1996) 9,193
26. Thailand (1996) 8,142
27. Austria (1996) 8,056
28. Portugal (1996) 7,868
29. Romania (1996) 7,199
30. Norway (1996) 6,900
31. Turkey (1996) 6,546
32. Ukraine (1995) 6,225
33. Malaysia (1996) 5,843
34. Vietnam (1993) 5,581
35. South Africa (1995) 5,418
36. Bulgaria (1996) 4,840
37. Greece (1996) 4,225
38. Sri Lanka (1996) 4,115
39. Indonesia (1996) 4,018
40. Israel (2005) 4,000, (1996) 2,310
41. Saudi Arabia (1996) 3,900
42. Belarus (1996) 3,809
43. Slovakia (1996) 3,800
44. Myanmar (1993) 3,660
45. Lithuania (1996) 3,645
46. Venezuela (1996) 3,468
47. Slovenia (1996) 3,441
48. Estonia (1999) 3,265
49. Chile (1995) 2,469
50. Afghanistan (1990) 2,795
51. Chile (1995) 2,469
52. Egypt (1995) 2,215
53. Latvia (1996) 1,965
54. Croatia (1996) 1,718
55. Iceland (1996) 1 527
56. Philippines (1996) 1,507
57. Colombia (1991) 1,481
58. Nigeria (1995) 1,314
59. Kazakhstan (1996) 1,226
60. Uzbekistan (1993) 1,003
61. Uruguay (1996) 934
62. Cyprus (1996) 930
63. Moldova (1996) 921
64. Morocco (1996) 918
65. Macedonia (1996) 892
66. Tunisia (1996) 720
67. Luxembourg (1994) 681
68. Algeria (1996) 670
69. Peru (1996) 612
70. Syria (1992) 598
71. Georgia (1996) 581
72. Jordan (1996) 511
73. Azerbaijan (1996) 542
74. Turkmenistan (1994) 450
75. Malta (1995) 404
76. Fiji 401
77. Armenia (1996) 396
78. Albania (1991) 381
79. Kyrgyzstan (1996) 351
80. Kenya (1994) 300
81. United Arab Emirates (1993) 293
82. Uganda (1996) 288
83. Mongolia (1992) 285
84. Ethiopia (1991) 240
85. Zimbabwe (1992) 232
86. Vatican City (1996) 228
87. Qatar (1996) 209
88. Kuwait (1992) 196
89. Tanzania (1990) 172
90. Botswana (1991) 158
91. Tajikistan (1996) 132
92. Papua New Guinea (1991) 122
93. Madagascar (1996) 119
94. Malawi (1996) 117
95. Palestinian territories (1996) 114
96. Namibia (1990) 106
97. Eritrea (1993) 106
98. Laos (1995) 88
99. Benin (1994) 84
100. Mauritius (1996) 80
101. Paraguay (1993) 152
102. Réunion (1992) 69
103. Congo (1992) 64
104. Andorra (1994) 57
105. Suriname (1996) 47
106. Brunei Darussalam (1992) 45
107. Guyana (1996) 42
108. Monaco (1990) 41
109. Bahrain (1996) 40
110. Ghana (1992) 28
111. Libya (1994) 26
112. Angola (1990) 22
113. Mali (1995) 14
114. Burkina Faso (1996) 12
115. Ecuador (1995) 12
116. Oman (1996) 7
117. Niger (1991) 5
Total World 962,888[24]
The Director General of the World Intellectual Property Organization (WIPO), Dr. Kamil Idris, met on March 21, 2007 with a high level delegation of the International Publishers Association (IPA), an organization that promotes the interests of book and journal publishers world-wide. Promoting copyright should be done in a way that ensures an environment within which creative and innovative potential can flourish. The importance of copyright to the culture-based industries is undisputed. The challenge is to create a legal environment that allows these industries to flourish in a balanced way and keeps up with the technological advances that are driving new business models and distribution channels. Copyright is critical in supporting the development of local publishing industries that generate wealth, increase domestic employment opportunities and promote trade[25].
IPA was founded in 1896 in Paris by the leading publishers at the time. Its initial aim was to ensure that the countries throughout the world showed respect for copyright, and properly implemented the new international copyright treaty, the "Berne Convention for the protection of literary and artistic works". Until today, the promotion and defence of copyright is one of IPA's main objectives. Since its foundation, IPA also promotes and defends freedom to publish, a fundamental aspect of the human right to freedom of expression. IPA also stands for the promotion of literacy and reading, and has always been a meeting place for publishers to network, exchange views and conduct business.
The World Intellectual Property Organization, (WIPO), a specialized agency
of the United Nations, was established by the WIPO Convention in 1967 with its initial
mission to act as a secretariat for international treaties concerning IP. Since that time,
WIPO’s mission has evolved “…to promote through international cooperation the
creation, dissemination, use and protection of works of the human mind for the economic,
cultural and social progress of all mankind”. WIPO has identified six forms of IP. For the purposes of this discussion, however, five are most relevant: patents, copyright and related rights, trademarks, industrial designs, and trade secrets. The sixth form of intellectual property identified by WIPO is service marks[26].
Each year on April 26, governments and organizations around the world join WIPO in celebrating World Intellectual Property Day. WIPO’s member states initiated World IP Day in 2000 to raise public awareness of the role of IP in daily life, and to celebrate the contribution made by innovators and artists to the development of societies across the globe. April 26 was chosen as this was the date on which the Convention establishing WIPO entered into force in 1970. The theme for 2007 is encouraging creativity.
At a speech by Geologist Simon Winchester[27] that I attended at my alma mater, the University of Cincinnati, on Intellectual Property Day on the topic, “When the World Goes Mad” he spoke at length upon his publishing career. This career began at age 23 when he wrote an author who recommended that he get a job as a journalist whereas there are no careers more worthwhile than writing although it is not the path to wealth. After career as a news reporter he wrote his first book that sold 11 copies. Interestingly, his mentor later had a sex change operation before they collaborated on a book. This lecture reinforced the impression that publishing your writing is a career filled with the word, “no”, in which most deals are made as the result of friendships amongst co-workers who get paid before they even begin working.
Statistics regarding the size of the US publishing industry vary. The Association of American Publishers (AAP) estimates the US publishing industry earned net sales of $25.1 billion in 2005, a 9.9% increase from the year before[28]. On May 22, 2007 the report, which uses data from the Bureau of the Census as well as sales data from eighty-one publishers inclusive of all major book publishing media market holders, estimates that U.S. publishers had net sales of $24.2 billion in 2006 a decline of 0.27%. The Book Industry Study Group estimates that total publishers’ net revenues in 2006 reached $35.69 billion, up 3.2 percent over 2005’s total, and that unit sales in 2006 exceeded 3.1 billion. Projections show revenues reaching nearly $42 billion and units at 3.24 billion by the end of 2011[29].
Fig. 11 US Book Sales 2002-2006
|2002$ |2003$ |% -
‘02 |2004$ |% - ‘03 |2005$ |% - ‘04 |2006$ |% - ‘05 |%
’02
-‘06 | |Trade Total |7,144,188 |6,872,190 |-3.8 |7,504,458 |9.2 |8,043,471 |7.2 |8,274,103 |2.9 |3.7 | |Trade Adult Hardbound |2,371,553 |2,314,636 |-2.4 |2,460,458 |6.3 |2,495,195 |1.4 |2,597,477 |4.1 |2.3 | |Trade Adult Paperbound |1,876,620 |1,865,360 |-0.6 |1,917,590 |2.8 |2,099,187 |9.5 |2,277,618 |8.5 |5.0 | |Trade Juvenile
Hardbound |1,636,248 |1,484,077 |-9.3 |1,902,587 |28 |2,100,456 |10 |2,058,447 |-2 |5.9 | |Trade Juvenile
Paperbound |1,259,767 |1,208,117 |-4.1 |1,223,823 |1.3 |1,348,653 |10 |1,340,561 |-1 |1.6 | |Book Clubs and Mail Order |852,384 |775,669 |-9.0 |706,634 |-9 |659,290 |-7 |639,511 |-3 |-7 | |Mass Market Paperback |1,216,710 |1,196,026 |-2 |1,089,580 |-9 |1,091,759 |0.2 |1,141,980 |4.6 |-2 | |Audiobooks |143,410 |161,049 |12 |159,922 |-1 |206,299 |29 |182,162 |-12 |6.2 | |Religious |556,799 |836,312 |50 |883,145 |5.6 |829,273 |-6 |744,687 |-10 |7.5 | |E-books |7,337 |19,772 |170 |30,271 |53 |43,832 |44 |54,396 |24 |65 | |Professional |3,155,191 |3,268,778 |3.6 |3,334,154 |2 |3,300,812 |-1 |3,376,731 |2.3 |1.7 | |K-12 Ed. |5,795,044 |5,939,920 |2.5 |5,945,860 |0.1 |6,570,175 |11 |6,189,105 |-6 |1.7 | |Higher Education |3,025,029 |3,133,930 |3.6 |3,190,341 |1.8 |3,359,429 |5.3 |3,453,493 |2.8 |3.4 | |All Other |136,488 |153,932 |13 |161,629 |5 |158,558 |-2 |140,641 |-11 |0.8 | |Total |22,032,580 |22,357,578 |1.5 |23,005,994 |2.9 |24,262,898 |5.5 |24,196,809 |-.3 |2.4 | |Source: American Association of Publishers 2006 Si Report. Estimated Book Publishing Industry Net Sales 2002-2006
Trade sales of adult and juvenile books grew 2.9 percent to $8.3 billion, a compound growth rate of 3.7 percent per year since 2002. The strongest growth in this category came from adult paperback books whose sales rose 8.5 percent on last year to a total of $2.3 billion. Adult hardbound books also had a strong year growing by 4.1 percent to $2.6 billion. Sales of titles for children and young adults (juvenile) fell by 2.0 percent and 0.6 percent for hardbound and paperbound respectively. Over the longer term juvenile books are still performing well, with compound annual growth rates of 5.9 percent for hardbound and 1.6 percent for paperbound.
After a bump in 2005, sales of audio books fell 11.7 percent to $182 million, however, compound growth since 2002 still looks healthy at 6.2 percent a year. Religious books had a difficult year with a 10.2 percent fall in sales in 2006. Compound growth is still strong at 7.5 percent per year. E-books saw a 24.1% increase in 2006 at $54 million, with a compound growth rate of 65% since 2002. Religious and E-Book data were compiled in cooperation with data received from the Evangelical Christian Publishers Association and International Digital Publishing Forum respectively. Mass market paperbacks saw growth of 4.6 percent in 2006 reaching $1.1 billion. Sales through book clubs fell by 3.0 percent to $640 million. Educational titles had a mixed year; sales of K-12 products (El-Hi) fell by 5.8 percent to $6.2 billion. billion, up 2.8 percent on 2005. Higher Education titles did better with sales of $3.5
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The US book industry consumes roughly 1.2 million tons of varying grades of paper per year, book industry organizations interested in improving the environmental impacts of their industry are setting goals and implementing policies that create positive changes throughout the supply chain from the publisher to the printer to the mill to the forest.
130 publishers, 8 printers, and 2 paper manufacturers that either have meaningful paper policies in place or have signed the Book Industry Treatise on Responsible Paper April 2006. Books have helped to foster the development and evolution of societies, institutions, and individuals for more than a millennium. In keeping with the integrity and values associated with education, literacy, and freedom of thought, the book industry is seeking to more fully integrate the values of environmental and social stewardship. Given that paper is the primary material used in book production, this treatise is focused primarily on improvements related to paper. As with most publishing sectors, forests now provide the majority of the fiber for the paper that books are printed on-and over 90% of the paper is produced solely with "virgin" tree fiber.
While the paper industry has made significant improvements in efficiency, emissions, and pollution controls, the book industry's annual consumption can still be linked to greenhouse gas emissions, significant levels of energy and water consumption, and impacts on communities and Endangered Forests. In an effort to improve the impacts associated with this level of paper-use, this treatise defines measurable goals and important action steps for all stakeholders concerned with improving the ecological and social footprint of the book industry. Shifting the book industry's collective average use of post consumer recycled fiber from a 5% average at present to 30% average by 2011. This replacement of virgin fiber will conserve 524 million pounds of greenhouse gases-equivalent to keeping 45,818 cars off the road each year. In addition, this shift will save the equivalent of 4.9 million trees, 2.1 billion gallons of water, and 264 million pounds of solid waste each year[30].
Sec. 102 Working With Publishers
There are an estimated 35 million websites and bloggers in the United States, most of whom work without any expectation of being paid or are engaged only in commerce. Writers and editors held about 320,000 jobs in 2004. More than one-third were self-employed. Writers and authors held about 142,000 jobs; editors, about 127,000 jobs; and technical writers, about 50,000 jobs. Median annual earnings for salaried writers and authors were $44,350 in May 2004. Median annual earnings for salaried editors were $43,890. Median annual earnings for salaried technical writers were $53,490. Salaried interpreters and translators had median hourly earnings of $16.28. According to the Society for Technical Communication, the median annual salary for entry-level technical writers was $42,500 in 2004. The median annual salary for midlevel non-supervisory technical writers was $51,500, and for senior non-supervisory technical writers, $66,000. Considering the length, intrinsic value to Congress for its economic supervision of the administration and limitless potential of the HA acronym $50,000 seems like a reasonable starting annual salary.
Writers—especially of nonfiction—are expected to establish their credibility with editors and readers through strong research and the use of appropriate sources and citations. Sustaining high ethical standards and meeting publication deadlines are essential. Nonfiction writers either propose a topic or are assigned one, often by an editor or publisher. They gather information about the topic through personal observation, library and Internet research, and interviews. Writers then select the material they want to use, organize it, and use the written word to express ideas and convey information. Writers also revise or rewrite sections, searching for the best organization or the right phrasing. Copy writers prepare advertising copy for use by publication or broadcast media or to promote the sale of goods and services. Newsletter writers produce information for distribution to association memberships, corporate employees, organizational clients, or the public. Freelance writers sell their work to publishers, publication enterprises, manufacturing firms, public relations departments, or advertising agencies. Sometimes, they contract with publishers to write a book or an article.
Editors review, rewrite, and edit the work of writers. They may also do original writing. An editor’s responsibilities vary with the employer and type and level of editorial position held. Editorial duties may include planning the content of books, technical journals, trade magazines, and other general-interest publications. Editors also decide what material will appeal to readers, review and edit drafts of books and articles, offer comments to improve the work, and suggest possible titles. In addition, they may oversee the production of the publications. In the book-publishing industry, an editor’s primary responsibility is to review proposals for books and decide whether to buy the publication rights from the author. In smaller organizations, such as small daily or weekly newspapers or the membership or publications departments of nonprofit or similar organizations, a single editor may do everything or share responsibility with only a few other people. Executive and managing editors typically hire writers, reporters, and other employees. They also plan budgets and negotiate contracts with freelance writers. Editors and program directors often have assistants, many of whom hold entry-level jobs.
Writers and editors must be able to express ideas clearly and logically and should love to write. Creativity, curiosity, a broad range of knowledge, self-motivation, and perseverance also are valuable. Writers and editors must demonstrate good judgment and a strong sense of ethics in deciding what material to publish. Editors also need tact and the ability to guide and encourage others in their work. Some writers and editors work in comfortable, private offices; others work in noisy rooms filled with the sound of keyboards and computer printers, as well as the voices of other writers tracking down information over the telephone. The search for information sometimes requires that writers travel to diverse workplaces, such as factories, offices, or laboratories, but many find their material through telephone interviews, the library, and Internet. Employment of writers and editors is expected to grow about as fast as the average for all occupations through the year 2014. Median annual earnings for salaried writers and authors were $44,350 in May 2004. Median annual earnings for salaried editors were $43,890. Median annual earnings for salaried technical writers were $53,490. The outlook for most writing and editing jobs is expected to be competitive because many people with writing or journalism training are attracted to the occupation.
Translators convert written materials from one language into another. They must have excellent writing and analytical ability. And because the documents that they translate must be as flawless as possible, they also need good editing skills. Translators’ assignments may vary in length, writing style, and subject matter. When they first receive text to convert into another language, translators usually read it in its entirety to get an idea of the subject. Next, they identify and look up any unfamiliar words. Multiple additional readings are usually needed before translators begin to actually write and finalize the translation. They may translate any number of documents, including journal articles, books, poetry, and short stories. Translators working in localization need a solid grasp of the languages to be translated, a thorough understanding of technical concepts and vocabulary, and a high degree of knowledge about the intended target audience or users of the product. Interpreters and translators held more than 31,000 jobs in 2004. Salaried interpreters and translators had median hourly earnings of $16.28. Earnings depend on language, subject matter, fluency, education, certification, and type of employer. Interpreters and translators with language skills for which there are relatively few people with the skills, often have higher earnings. Individuals classified as language specialists for the Federal Government earned an average of $71,625 annually in 2005. Employment of interpreters and translators is expected to grow faster than average[31].
Book and magazine publishers spend a lot of their time buying or commissioning copy. At a small press, it is possible to survive by relying entirely on commissioned material. But as activity increases, the need for works may outstrip the publisher's established circle of writers. Writers often first submit a query letter or proposal. Acquisitions editors sift through to identify manuscripts of sufficient quality or revenue potential to be referred to the editorial staff. Established authors are often represented by a literary agent to market their work to publishers and negotiate contracts. The length of time publishers take to review manuscripts varies but it is usually between 3 to 8 months before a pubishing company responds to a query letter or book proposal[32].
Having agreed on the scope of the publication and the formats, the parties in a book agreement agree on royalty rates, the percentage of the gross retail price that will be paid to the author. This is difficult because the publisher must estimate the potential sales in each market and balance projected revenue against production costs. Once a work is accepted, commissioning editors negotiate the purchase of intellectual property rights and agree on royalty rates. For fiction books royalties are usually 7-12% and for non fiction works 10-15%. Literary agents usually charge 15% for domestic sales and 20% for international and are expected to earn $750,000 for the agency to earn a $75,000 salary.
Once the immediate commercial decisions are taken and the technical legal issues resolved, the author may be asked to improve the quality of the work through rewriting or smaller changes, and the staff will edit the work. Publishers may maintain a house style, and staff will copy edit to ensure that the work matches the style and grammatical requirements of each market. Editing may also involve structural changes and requests for more information. Some publishers employ fact checkers.
Dealing with rejection is an important part of being a writer, who must persevere, edit and sometimes starve. There is an underlying assumption that a manuscripts will be rejected. In 1945 the American Sociological Review rejected 37.5% of the manuscripts it received by 1973 it waas reported to have passed the 90% rejection rate. Authors who were members had much higher rates of publications. About half of rejection letters give some sort of reason for the rejection. The editors of British Medical Journal rejected 4,000 manuscripts in 1979. A survey of the American Society of Agronomy found that the average author experienced 1.9 rejections in the course of publishing a single manuscript. Between 25% and 86% of all mansucripts are not salvageable after rejection. Rejection rates of individual titles ranged from 0-93% with a mean rejection rate of 77.3%[33].
Sec. 103 Internet Publishing
The Internet has greatly improved the ability of the writers to express their ideas without fear of rejection. For a reasonable fee anyone can publish their work and it will be accessible to people around the world. There are an estimated 35 million blogs and websites. Most sites are personal, commercial or organizational. Websites are great assets, so long as IP rights are understood and well managed, it does not take a great deal of funding to create meaningful online educational programming available to the public, while at the same time meeting the objective of preserving regional cultural heritage collections[34]. The free availability of literature published on the Internet goes to the heart of copyright law, which is for the author to regulate distribution of their work so that they might earn a living. With the development of the Internet, at the end of the 20th century, digital content was believed to hold great commercial potential, and individual authors and composers began to use the Internet as a means of self-publishing. The Internet provides the means of experimentation and the traditional licensing started to change to adapt to new ways of publishing and communicating works[35].
The number of ebooks published annually has dramatically increased in the 21st century but generates less than 1% of annual publishing revenues. The American Association of Publishers reported that in the US e-books earned $7.3 million in 2003 $19.8 million, a 170% increase over the previous year. In 2004 e-books earned $30.3 million, a 53% increase. In 2005 e-books made $43.9 million, a 44% increase, in 2006 $54.4 million, a 24% increase. Between 2002 and 2006 e-books made $155.6 million with an average increase of 65% annually.
[pic]
American Association of Publishers 2006 Si Report. Estimated Book Publishing Industry Net Sales 2002-2006
The term "Internet” refers to the global information system that -- (i) is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions/follow-ons; (ii) is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols; and (iii) provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described herein. The Internet has grown to over 50,000 networks on all seven continents and outer space, with approximately 29,000 networks in the United States[36]. ICT, especially internet, is a two-way vehicle, optimally providing a platform for expression as well as access to information. And freedom of expression is essential if the internet is to serve individuals and communities. As people seek answers to their problems, they must be free to express their views and share their experiences without fearing reprisals for voicing opinions or making observations that are not in line with the official representation of facts concerning social, economic, political, sanitary or cultural issues.
The first recorded description of the social interactions that could be enabled through networking was a series of memos written by J.C.R. Licklider of MIT in August 1962 discussing his "Galactic Network" concept. He envisioned a globally interconnected set of computers through which everyone could quickly access data and programs from any site. In spirit, the concept was very much like the Internet of today. Licklider was the first head of the computer research program at DARPA, starting in October 1962. While at DARPA he convinced his successors at DARPA, Ivan Sutherland, Bob Taylor, and MIT researcher Lawrence G. Roberts, of the importance of this networking concept. After a series of networking conferences by 1985, Internet was already well established as a technology supporting a broad community of researchers and developers, and was beginning to be used by other communities for daily computer communications. Electronic mail was being used broadly across several communities, often with different systems, but interconnection between different mail systems was demonstrating the utility of broad based electronic communications between people. At first they were intended for, and largely restricted to, closed communities of scholars; there was hence little pressure for the individual networks to be compatible and, indeed, they largely were not.
In 1989, Tim Berners-Lee invented the World Wide Web. He coined the term "World Wide Web," wrote the first World Wide Web server, "httpd," and the first client program (a browser and editor), "WorldWideWeb," in October 1990. He wrote the first version of the "HyperText Markup Language" (HTML), the document formatting language with the capability for hypertext links that became the primary publishing format for the Web. His initial specifications for URIs, HTTP, and HTML were refined and discussed in larger circles as Web technology spread. In October 1994, Tim Berners-Lee founded the World Wide Web Consortium (W3C) at the Massachusetts Institute of Technology, Laboratory for Computer Science [MIT/LCS]
The World Wide Web Consortium (W3C) is an international consortium where Member organizations, a full-time staff, and the public work together to develop Web standards. W3C's mission is to lead the World Wide Web to its full potential by developing protocols and guidelines that ensure long-term growth for the Web. W3C primarily pursues its mission through the creation of Web standards and guidelines. Since 1994, W3C has published more than ninety such standards, called W3C Recommendations
The Internet Corporation for Assigned Names and Numbers (ICANN) is an internationally organized, non-profit corporation that has responsibility for Internet Protocol (IP) address space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) Top-Level Domain name system management, and root server system management functions. These services were originally performed under U.S. Government contract by the Internet Assigned Numbers Authority (IANA) and other entities. ICANN now performs the IANA function. As a private-public partnership, ICANN is dedicated to preserving the operational stability of the Internet; to promoting competition; to achieving broad representation of global Internet communities; and to developing policy appropriate to its mission through bottom-up, consensus-based processes. The At-Large Committee listens to individual Internet users and the Government Advisory Committee organized nations to facilitate the development of a comprehensive international public-private partnership in this important area of management of the global Internet infrastructure.
The Internet SOCiety (ISOC) is a professional membership society with more than 100 organization and over 20,000 individual members in over 180 countries. It provides leadership in addressing issues that confront the future of the Internet, and is the organization home for the groups responsible for Internet infrastructure standards, including the Internet Engineering Task Force (IETF) and the Internet Architecture Board (IAB). The Internet Architecture Board that is the Research Committee of the Internet Engineering Task Force that is a large open community of network designers, operators, vendors, and researchers concerned with the Internet and the Internet protocol suite. It is organized around a set of eight technical areas, each managed by a technical area director.
According to Internet Governance Forum in Athens Greece 30 October - 2 November 2006 the existing governmental structure is composed of the Internet Architecture Board (IAB) and Internet Engineering Task Force (IETF), the World Wide Web Consortium (W3C), the Internet Corporation for Assigned Names and Numbers (ICANN) and the International Telecommunications Union (ITU). Other organizations are contributing towards deeper understanding of the cultural and practical implications of this global and growing network such as the Internet Society (ISOC), the World Intellectual Property Organization (WIPO), the United Nations Educational, Scientific and Cultural Organization (UNESCO).
There have been a considerable number of copyright infringement complaints in regards to the digitalization of copyrighted works from library archives. In 2001, publishing giant Random House sued Rosetta Books, a start-up electronic publisher, for licensing and publishing e-book editions of works by William Styron, Kurt Vonnegut, Jr. and Robert Parker. Random House claimed it had acquired electronic book rights in contracts (signed in the 1960s through the 1980s) that acquired the right to publish those authors’ manuscripts in “book form.” A federal court disagreed with Random House’s argument, ruling that authors retain e-book rights unless they expressly grant them. This year, the federal appellate court affirmed that decision, leading to a settlement of the lawsuit. The Authors Guild played an active role in the suit, advising Rosetta’s attorneys and, with the Association of Authors’ Representatives, filing briefs with the trial and appellate courts.
Who owns electronic rights in freelance articles? The Authors Guild’s class action lawsuits against electronic databases and the New York Times for their many years of infringing the copyrights of countless freelance articles entered court-appointed mediation in 2007. Google has agreements with four academic libraries — those of Stanford, Harvard, Oxford and the University of Michigan — and with the New York Public Library to create digital copies of substantial parts of their collections and to make those collections available for searching online. Google has not sought the approval of the authors of these works for this program. The Author’s Guild and several authors filed suit against Google over its unauthorized scanning and copying of books through its Google Library program. The suit alleges that the $90 billion search engine and advertising juggernaut is engaging in massive copyright infringement at the expense of the rights of individual writers[37].
“This is a plain and brazen violation of copyright law,” said Authors Guild president Nick Taylor. “It's not up to Google or anyone other than the authors, the rightful owners of these copyrights, to decide whether and how their works will be copied.”
There is no argument about the ultimate purpose of the Internet Library initiative. Great value lies in a searchable, online library containing all the world's books, at least to that fraction of society that has computers, the electricity to run them and Internet connections. It would make human knowledge available on an unprecedented scale. But it must be done correctly, by acquiring the rights to the resources it wishes to exploit. Society has traditionally seen its greatest value in the rights of individuals, and particularly in the dignity of their work and just compensation for it. The alphabet ought to be free, most certainly, but the people who painstakingly arrange it into books deserve to be paid for their work. This, at the core, is what copyright is all about. It's about a just return for work and the dignity that goes with it[38].
To provide more ebooks the Internet is going to have to pay better. Before 1969, authors, artists and composers could donate original works-manuscripts, first editions, papers, paintings, correspondence-to libraries, museums and other nonprofit institutions, and receive a tax deduction equal to the appraised fair market value of the donated work. Then the government eliminated this deduction from the tax code. (Some artists and writers had allegedly inflated the value of their donated work when they filed for deductions.) The resulting rule says that artists, composers and authors may deduct only the value of the physical materials that constitute their donations. Painters may deduct only the cost of paint and canvas for paintings given to museums. Writers may deduct only the cost of paper and ink for manuscripts, notes and letters donated to nonprofit institutions. In 2002 the Guild saw substantial progress in rectifying this inequity, as both houses of Congress advanced bills that would have permitted authors and artists to take tax deductions for the appraised fair market value of work donated to public libraries.
Public libraries should buy ebooks for the +/- $24 a month cost of maintaining a website. This would protect many works that would otherwise be costly to maintain. Public libraries should also adjust the royalty rate up if the work is a best seller or is approved by an editorial peer review board. The Authors Registry, the not-for-profit organization founded by the Authors Guild and others, has received $537,000 for distribution to U.S. authors from LIRA, an authors' rights organization in The Netherlands. The payment is for Public Lending Right, a right recognized in 19 countries worldwide, including much of Europe, although it does not exist in the US. It represents the right of authors to be paid for the free lending of their works by libraries. In this case, payment is for English language (untranslated) works by US authors loaned by libraries in The Netherlands[39].
Sec. 110 Copyright Arbitration
Copyright protects the freedom of expression by ensuring that the people who painstakingly write books get paid for their work, its about just return for work and the dignity that goes with it. Copyright protection is one of the means of promoting, enriching and disseminating the national cultural heritage. A country’s development depends to a very great extent on the creativity of its people for progress. IP, in particular copyright, is highly valuable to the development of a forward thinking society. A society fosters and nurtures the creative process by providing the impetus to create new artistic and literary works through IP protection. Such protection allows a society’s cultural heritage to evolve. The rewards of creativity are thus distributed throughout society as a whole[40].
Art. 2 of the Constitution of Hospitals & Asylums Non Governmental Economics (CHANGE) provides, at (A)(1) One should uphold the moral and material interests of the author under Art. 27(2) of the Universal Declaration of Human Rights of December 10, 1948. At (B)(1&2) The Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 establishes the laws of the union in regards to intellectual property rights and confers privileges upon, Authors of literary works shall enjoy the exclusive right of authorizing the public recitation of their works, including such public recitation by any means or process. The author, or after his death the persons or institutions authorized by legislation, shall, with respect to original works of art and original manuscripts of writers and composers, enjoy the inalienable right to an interest in any sale of the work.
The primary concern of copyright laws to protect forms of expression and to ensure that there are no restrictions on freedom of speech and press. Copyright is itself the engine of free expression. By establishing a marketable right to the use of one’s expression,
copyright supplies the economic incentive to create and disseminate ideas. Copyright assures to those who write and publish factual narratives that they may at least
enjoy the right to market the original expression contained therein as just compensation for their investment. The doctrine of fair use, codified in Section 107 of the Copyright Act, tempers the protection of copyright by allowing an author to use a limited amount of copyrighted material when copyright law might otherwise stifle the very creativity which that law is designed to foster. Criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, are not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include,
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
The Statute of Anne of 1709 was the first law in the United Kingdom enacted to
regulate the right to copy printed material, and only had the effect of regulating the
reproduction of printed material in British territory by those people subject to the rule of
British law. In 1790, Congress adopted the first copyright statute under the new Constitution. Like the Statute of Anne, the Act of 1790 was styled “An Act for the encouragement of learning”. The Act granted a copyright of fourteen years for new works, and fourteen years from the date of recording for “any map, chart, book or books already printed within these United States” to the author or to the author’s “executors, administrators or assigns.” By choosing the Statute of Anne’s retroactive form over some state regimes that protected new works only, Congress made especially clear its endorsement of extending copyrights to existing works. The First Congress’s interpretation of its Copyright Clause authority is entitled to “very great weight.” Congress must be allowed to weigh the competing concerns and make the policy judgments that the Copyright power authorizes, and effort to have the courts displace the congressional judgment will in the long run be destructive of the Constitutional plan and congressional exercise of its powers. Art. 1 Section 8 Clause 8 of the US Constitution confers to Congress the responsibility,
“To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”.
Congress repeatedly extended intellectual property rights retroactively over the following two centuries. In 1808, for example, Congress extended the patent of Oliver Evans by fourteen years when Evans was deprived of much of the enjoyment of his patent rights due to an administrative error. In 1828, Congress extended a copyright belonging to James Rowlett. In 1831, Congress passed a new copyright statute, requiring recordation of copyrights, and lengthening the initial terms of new and existing copyrights to twenty-eight years. The Copyright Act of 1909 likewise extended the copyright renewal term to twenty-eight years for new and existing works, followed by the Copyright Term Extension Act of 1976, which extended the term for new and existing works by various formulae intended to approximate the new standard term of life of the author plus fifty years[41].
Multilateral treaties have been enacted over the last 130 years with nation states enacting the general principles found in the treaties into their own domestic law, thereby ensuring harmonization and enforceability of IP interests. Two key features of these multilateral treaties are the principles of national treatment and reciprocity. They allow a national of a country that has ratified an international IP law treaty the same rights as if he or she was a national of a foreign country in which he or she was seeking to enforce IP rights, so long as the latter country also ratified the treaty in question. In addition, national treatment also provides that IP rights of foreign nationals are defined by the laws of the jurisdiction in which the foreign national seeks protection and enforcement. The principle being that the owner of the IP rights will enjoy no greater benefit than any other national of the jurisdiction in question[42].
Copyright refers to rights generally conferred by statute to protect the original
expression of ideas fixed in a tangible or digital form. Copyright protection is not
registered or applied for but instead protects the work from the moment that it has been
created. Copyright does not protect the idea itself, but instead protects how the idea is
expressed, arranged, formatted and even organized so long as the expression of the idea is
represented with some form of physical permanency, and is original in scope. Copyright
is a bundle of rights that include both economic and moral rights. The economic rights
conferred by copyright are associated with reproduction and communication, and are
given to the authors and creators of these fixed expressions, called works, for a limited time, in order to allow a measure of control and exploitation for the purposes of financial
gain. In return, upon the expiration of the term of protection, the work falls into the
public domain, becoming available to any person who wishes to reproduce, adapt or
communicate it. Thus, copyright embodies the principles of IP law, since it provides the financial impetus to develop new intellectual creations and in return, acts to foster development in society[43].
Copyright law applies to almost every form of mass media, to protect publications,
broadcasts, film production and distribution, and computer software. The subject matter
of protection includes literary works, (such as poems, fiction, non-fiction, dramatic
works, and any form of written work, published or unpublished - computer software
applications are generally considered literary works); musical works (as a composition
of a musical score or the recording of the music itself); artistic works (whether two or
three dimensional, whether digital or analog); maps and technical drawings (such as
architectural plans and renderings); photographs (generally, regardless whether they are
factual or artistic); and audio-visual works, (including film, television broadcasts, and
certain multimedia exhibitions). Copyright also protects content on the Internet and web
sites which are usually compilations of various different works, creating complex layers
of copyright protection from the website itself, to the copyright that may exist in the
underlying works embodied in it.
As copyright is not one right, but a series or bundle of rights, those rights often
need to be broken down to understand the depth and scope of potential enjoyment of a
copyright protected work. The most obvious right is the right to copy or reproduce the
work. Other rights include the right to perform a work in public, which includes the
right to play music in a public place; the right to record an audio work, whether
musical or otherwise; the right to record an event or happening as a motion picture
or audio-visual work, whether fictional such as the performance of a play or in certain
cases factual, such as a television newscast; the right to broadcast or communicate a
work, whether by signal or cable; and the right to translate or adapt a work, which
include modifying a work or translating the work into a different language.
Moral rights are rights conferred by copyright and are required by international
treaty. They protect the integrity of the work and the reputation and right of
accreditation for the original author of the work. Related rights are rights connected to copyright. The rights can vary by jurisdiction, but generally speaking, they are rights conferred to performers in their performance or to producers for their sound recordings and the rights of broadcasters in their broadcasts[44].
With respect to ownership of copyright interests, the author or creator is usually the
first owner of the copyright. There are certain exceptions to this principle, such as in the
case of works created in the course of employment or where works are commissioned on
behalf of another party. In the case of moral rights, however, the principle is that moral
rights always rest with the author or creator of the work in question. It is said that in
general, moral rights are inalienable rights. There are certain circumstances where copyright is limited, other than just for duration or territory. Copyright can be limited where it serves a specific public interest, such as provided for by exceptions and limitations to copyright that conform to international treaties. For example, certain common law countries have “fair use” or “fair dealing” provisions enacted in their copyright laws that permit users in certain circumstances to use copyright protected works without prior authorization. Unauthorized copying or distribution of copyright protected content is sometimes referred to as “piracy”. Committing infringement can lead to civil damages, criminal liability or both. And, with the advent of the Internet and new technologies, piracy has become an issue at the forefront. In this dynamic and creative context, it is often difficult from an IP perspective, to know what constitutes independent creation. Under current copyright law, a contemporary adaptation or arrangement of old and pre-existing traditional materials can often be sufficiently original to qualify as protected by copyright.
The approach by WIPO has been to stress the need for balance between the claims and interests of indigenous and local communities, on the one hand, and creators, researchers and the broader public, on the other[45]. Apart from creating works in which IP rights subsist, the law has evolved to provide for the means of disposing, selling, renting, and leasing these rights, most often in return for some benefit, whether monetary or otherwise. These practices are dependent upon contract law as the vehicle by which to transfer IP rights from one party to another, whether for a fixed period of time or permanently. IP interests can be acquired, and a type of acquisition instrument or agreement is necessary to effect the acquisition. The acquisition is most often referred to as an assignment of rights. In most cases, it is necessary and desirable to register the change in ownership with the governmental authority charged with the responsibility of the IP registration system. The license is a contractual instrument that acts as evidence of one party having obtained the permission to exercise the IP rights owned by another. And, it is the means by which risks associated with the use of IP owned by another are mitigated.
Essentially, the license specifies:
1. The parties to the agreement, so that it is clear who owns the rights and it
is clear to whom the rights are being licensed;
2. The IP that is the subject matter of the license;
3. What types of rights are being granted to the party seeking the license;
4. Authorized uses and in particular uses that may be expressly prohibited;
5. The fees and royalties to be paid for the uses itemized in the license
together with any reporting and auditing requirements;
6. The duration that the license is in force and whether it may be renewed;
7. What happens upon default and breach and the indemnities that may flow
as a result; and
8. Choice of law and jurisdiction to govern the license, where the scope of
the license is international.
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules (MR). The place of mediation shall be (specify place). The language to be used in the mediation shall be (specify language).
If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules (EAR).
Sec. 111 Congressional Publishing
There are 435 members of the House of Representatives and 100 members of the Senate. It can be estimated that every member has a staff and associated personnel of fifty for a total work force of 25,000. The salaries and expenses of the House of Representatives cost $1,235,042,000. The compensation of the Senate costs $154,973,000. The Senate also has $138,644,000 for inquiries and investigations[46]. More than 50,000 bills are introduced in the 50 state legislatures each year, 20,000 in each Congress[47].
Bills may be introduced in the US House of Representatives by a Member dropping copies into the “hopper”, a box near the Clerk’s desk. US Senators introduce bills by giving copies to a clerk or b y a statement on the floor. One or both of these methods are used in state legislatures. Although only legislators can introduce bills in legislatures it is the executive who proposes or drafts much of the important legislation. Private groups also present draft bills to members of the legislature and/or advise them about amendments to bills proposed by the executive. Bills are routinely referred to standing committees by the presiding officer of the legislative chamber.
The committee system is useful for bills to stand a good chance of being enacted. The committee can iron out difficulties with the bill and build a consensus in favor of it. The key person in a committee is the chair, who schedules hearings, determines who will b e witnesses at the hearings and often asks most of the questions. The chair also sets the agenda for the markup of the bill in which th ecommittee or subcommittee discusses each section or part of the bill and votes on proposed amendments. If the committee marks up the bill and votes to send it to the full legislative chamber, the committee staff drafts a report on the bill which is circulated to other legislators. Committee reports set forth the procedural and substantive background of the reported bill, the exact language of the bill and are usually the only document most legislators will read before a vote.
Vote may be taken in one of four ways, voice vote, division of the house, tellers, and roll calls (frequently electronic). The number of votes needed to adopt an amendment or pass a bill is normally a majority of those voting in each house of Congress, assuming a quorum is present.
Fig. 14 How a Federal Bill Becomes a Law
House of Representatives
Origination of Bill: Resolution, Joint Resolution, Concurrent Resolution by executive agency, political interest group, individual member, bill drafting agency.
Introduction of Bill by Member: Constitution specifies revenue bills originate in the House, custom dictates appropriations bills originate in the House.
Referral to Standing Committee by Leadership and Parliamentarian.
Committee Action: Possible referral to subcommittee, hearings customary on major bills, open hearing for testimony, possible closed hearings for deliberation, amendment and decision, committee decisions are generally – disregard (pigeonhole), defeat, accept and report, amend and report or rewrite.
Calendars: Union (revenue and appropriation), House (public), Private (claims), Consent (minor, non-controversial), Discharge (remove bills from committee)
Rules Committee (major bills) Hearings, Closed rules, Open rules (predominant form)
Floor Action: Committee of the Whole, general debate, second reading, amendment, report to the House, advance to third reading, passage or defeat.
Senate
Referral to Standing Committee by Leadership and Parliamentarian
Committee Action: similar to those of House, including closed and open hearings, amendment, pigeonholing, passage or defeat.
Calendars: General Orders and Executive and Discharge .
Floor Action: similar to those of House, including rejection or acceptance of committee amendments, other amendments, unlimited debate.
Cloture: supermajority cutting off the talk, filibuster enables a minority to kill a bill or force concessions for an extended talk.
Unanimous consent: expedited proceedings are read
Conference Committee: May be requested if House and Senate versions differ, composed of managers from each house who vote separately, each house must concur in the conference report.
Bill signed by Speaker and Vice-President.
President: has ten days (not including Sunday) to sign it or veto it. The options are Approve, Veto, “Pocket Veto”, Permit bill to become law without signature[48].
Drafting legislation is one of the most difficult legal writing skills. The first step is to determine what you want the proposed legislation to do. The second step is to determine the structure of your proposed legislation. The structure of a bill begins with the long title and enacting clause required under 1USC§101 everything after is part of the statute.
A BILL
To ---
Be it enacted in the Senate and House of Representatives, Assembled, Referred to ---
The third step is to draft the bill, so that the language and organization are no more complicated than necessary, serve the object of the legislation without creating unnecessary problems, and are internally coherent and consistent with usages in the existing statute. If the bill amends or repeals existing law the laws may be stricken or amended[49].
A brief checklist for the legislative drafter is[50],
1. Is the title short yet clearly expressive of the general subject matter of the bill?
2. Is the enacting clause in the bill at the proper point and is it exactly correct in form?
3. Are definitions provided for those words used in the statute which do not have fixed and single meaning in normal usage and which might give rise to ambiguity in the state if not defined?
4. If a definition is set out for a word, is the word used throughout the statute with exactly the defined meaning.
5. Is the bill written in a clear style and can it be easily understood by those affected by it?
6. Is the bill divided into sections and subsections in such a way as to achieve maximum clarity?
7. Are the substantive provisions of the bill logically arranged?
8. Does the bill accomplish its intended purpose?
9. Does the bill do more than is intended?
10. Does the bill create new problems without providing solutions?
11. Does the bill affect existing laws without intending to do so?
12. If the bill is intended to affect existing laws, are its provisions properly integrated with such laws so that no conflicts will arise in interpretation or administration?
13. does the bill affect pending matters? If so, does it indicate their disposition?
14. Are all statutory references in the bill accurate?
15. Are all conflicting statutes specifically repealed?
16. Has a specific effective date been considered and a clause inserted providing therefore, or is it desired that the bill become effective upon passage?
The general provisions for new editions of Code and Supplements are that they are not published oftener than once in each five years under 1USC(3)202(c). Each compilation is annually prepared for printing of the parliamentary precedents and advance royalties are sought under the Legislative Branch Appropriation Act of 1966 (79 Stat. 270; Public Law 89-90) at 2USC(1)§28. $6,500 appropriations for the preparation and editing of the Code and Supplementals of the United States and District of Columbia are made available to the Judiciary Committee under 1USC(3)§213. The 110th Congressional Committee on House Administration under House Rule X(j)(4) and the Senate Committee on Rules and Administration under Rule 25.1.n (1)(10) of the Standing Rules of the Senate also purchase books and manuscripts.
Congress should strive to uphold the principles of the Copyright Arbitration Royalty Panels (CARP) for the furtherance of their own statute. Under the Copyright Royalty Tribunal Reform Act of 1993 the objective of the CARP is to make determinations concerning the adjustment of reasonable copyright royalty rates. To maximize the availability of creative works to the public; to afford the copyright owner a fair return for his creative work and the copyright user a fair income under existing economic conditions. Reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication. Minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices under 17USC(8)§801
The 110th Congress has made considerable progress. The America COMPETES Act increases our nation’s investment in basic and innovative research while developing the infrastructure needed to enhance innovation and competitiveness. Strengthens educational opportunities in science, technology, engineering and math from elementary through grade school. Requires our national laboratories National Labs to partner with local school districts, and “adopt" at least one high-need high school, turning these schools into Centers of Excellence in math and science. The Increase in Federal Minimum Wage increases the minimum wage, for the first time in a decade, to $7.25 an hour. Tax Relief for Small Businesses Provides a range of tax incentives designed to help small businesses grow by expanding their ability to immediately deduct the cost of new equipment and other expenses when calculating taxable income. Helps small businesses keep certain tax benefits as they grow. Helps entrepreneurs hit by the alternative minimum tax. The 9/11 Commission Recommendations make it more difficult for potential terrorists to travel into our country. Advances efforts to secure our rail, air and mass transit systems while improving intelligence and information sharing between state, local and federal law enforcement agencies. Gives first responders the tools they need to help keep us safe
Some pieces of legislation that were passed by both chambers of Congress and that are waiting to be negotiated into final bills that can be sent to the President for his signature.
Higher Education simplifies financial aid process and provides $17 billion in additional college aid to students, this could mean as much as $177 million over the next 5 years in student aid for New Mexico students increases the maximum Pell Grant from $4,050 to $5,400 by 2011. Head Start expands access to more children. Sets aside millions of dollars for Indian Head Start, and Migrant and Seasonal Head Start and ensures that Head Start teachers serving Native American children have access to higher education. Raises the bar on teacher quality by setting new goals for the Head Start teaching workforce Children’s Health Insurance increases federal funding to the State Children’s Health Insurance Program (SCHIP) by $35 billion over five years and expands SCHIP coverage to 4 million additional low-income children. Provides New Mexico with more than $170 million in federal funding in fiscal year 2008 and ensures improved access to the funding by the state. Makes improvements in SCHIP outreach to enroll hard-to-reach rural, Hispanic, and Native American populations. Energy Legislation enhances incentives for energy efficiency and encourages increased production of clean domestic biofuels. Raises fuel efficiency standards of vehicles for the first time in decades and spurs research into more fuel-efficient vehicles. Encourages reduced greenhouse gas emissions and requires increased use of renewable energy. Saves taxpayer dollars by increasing efficiency in government buildings. The Dignified Treatment of Wounded Warriors Act, increases military pay by 3.5 percent. Requires the Secretary of Defense and the Secretary of Veterans Affairs to develop a comprehensive policy on the care, management, and transition of servicemen and women from the military to the VA or civilian life. Authorizes medically retired service members to receive the active duty health care benefit for three years. It will be a challenge to finalize all of these bills by the end of the year, but with hard work we can get all of these important pieces of legislation to the President for his signature[51].
In a modern democracy public policy is not created directly by the people but by their “representatives”. A representative may be viewed as “descriptive” of the larger group, a microcosm of the collective. John Adams argued that representative legislature “should be an exact portrait, in miniature, of the people at large, as it should think, feel, reason and act like them”[52]. A representative may be viewed as the “agent” of the people. A representative may be viewed as the “trustee” of the interests of their constituents. As James Madison put it, “the role of representatives as trustees of the public good is to refine and enlarge the public views through the exercise of their wisdom which may best discern the true interest of their country[53]. The ideal of representative democracy is proportional representation, frequent elections, lengthy stays in office for the wise[54].
The month of August provides Members of Congress with a great opportunity to have face-to-face meetings with constituents. I hope to deliver this private bill to my local Congress member Steve Chabot so that he will print it from the Internet, give it a bill number and put it in the hopper of the House. It would be nice to be heard by both the 110th[55] and 111th Congresses[56].
Appendix on Correspondence
LexisNexis Group and Anderson Publishing Company, Cincinnati, announced on October 9, 2002 a definitive merger agreement between the two companies. Anderson is now a wholly owned subsidiary of Matthew Bender & Co., another publishing member of the LexisNexis Group. The company's publishing operations will remain in Cincinnati, where the company employs 77 people. Anderson Publishing has a rich heritage in legal publishing, beginning with its founding in 1887 by William Harvey Anderson. The company specializes in four major areas of publishing: legal research publications for states; legal research publications by topic; law school publications by topic and criminal justice publications by topic. Its premier titles include Page's Ohio Revised Code Annotated and Anderson's Ohio Civil Practice with Forms. LexisNexis* is the global leader in comprehensive and authoritative legal, news and business information and tailored applications. Its online services combine searchable access to over four billion documents from thousands of sources. A member of Reed Elsevier Group plc [NYSE: ENL; NYSE: RUK], LexisNexis is headquartered in Dayton, Ohio, USA, and does business in 100 countries with 12,000 employees worldwide[57].
On October 28, 2002 Johnny McCraw Jr. the editor in chief of the University of Michigan Journal of Law Reform, wrote,
Thank you for submitting “Juvenile Justice and “Children’s Census”. Unfortunately, we are unable to extend an offer of publication. We have a limited number of spaces in each issue and must reject many well-written and interesting submissions[58].
On October 28, 2002 I received a promising letter from Glen Weissenberger at the behest of Dale Hartig, President and Sean Caldwell, Managing Editor of Anderson Publishing Co. it states,
I am writing to let you know that the proposal submitted to Anderson Publishing Co. has been forwarded to me at Depaul University. We are pleased to have the proposal under consideration. Please do no hesitate to e-mail me at gweissen@depaul.edu if you have nay questions. Thank you for considering Anderson as a possible publisher for your work[59].
On November 6, 2002 I received a letter from Sean M. Caldwell, Managing Editor of Anderson Publishing Co., it states,
I am writing to inform you that Dean Glen Weissenberger presented the publications committee of Anderson Publishing with you proposal. We regret that we must decline your proposal because it does not meet our current acquisition criteria. We appreciate you considering Anderson as a potential publisher of your materials[60].
On November 13, 2002 I received another rejection letter from Sean M. Caldwell, it states,
I am writing in response to your recent letter. We publish primarily law school textbooks for use in core law school courses. Your proposal does not meet that threshold requirement. Therefore, I cannot encourage you to submit another proposal. Additionally, we are not interested in subscribing to the home publication of Hospitals & Asylums[61].
This rejection occurred before I had even started preparing the HA manuscript and was in regards to the articles on Juvenile Justice and Children’s Census. Having been rejected these articles and still locked for editing until I can find the time. This review helped to question the justification for going to war with Afghanistan that may have been the brainchild of the Terrorism and Violent Crime Section of the US Attorney’s Office, that exclusively oversaw the execution of juveniles, inspired by the political power of HA compromised in an illegitimate venue. This respectful review ultimately helped to abolish the execution of juvenile offenders in Roper v. Simmons No. 03-633 of March 1, 2005.
In response to an article regarding the legality of the attack of Iraq Jessica Johnson the Executive Articles Editor of Capital University Law Review, it states,
Thank you for considering the Capital University Law Review for Publication of your article. Unfortunately, due to space restraints, the current editorial board is no longer extending offers for publication. Please consider the Capital University Law Review for future articles. Best of luck with the publication process[62].
At around that same time I received a letter from Kevin Guerrero, Editor in Chief of the University of Cincinnati Law Review, it states,
The University of Cincinnati Law Review welcomes submission of
Manuscripts for publication consideration throughout the year. ALL SUBMISSIONS
MUST BE IN HARD COPY (the Review is unable to accept electronic submissions).
Manuscripts should conform to The Bluebook: A Uniform System of Citation
(17th ed.) and The Chicago Manual of Style (14th ed.)[63]. Manuscripts should be sent to:
In 2005 I received a response from Rosalie Grace of Heacock Thompson Literary Agency, it states,
In response to the manuscript published on the Internet in December of 2004 Doris E Huffaker, from Spectacle Lane Press, wrote,
Your work and objectives are commendable but well beyond our scope. Harcourt Trade Publishers (formerly Harcourt Brace & Company) is dedicated to publishing general interest books in a variety of areas and genres, including fiction, literature, poetry, history, current events, sociology, science, autobiography, and language for adult readers, and quality board books and novelty items, illustrated picture books, easy readers, and novels for children of all ages.
Harcourt does not accept unsolicited query letters or e-mails, manuscripts, and illustrations. We require all such materials to come to us through a literary agent, and encourage aspiring writers and illustrators to submit work to an agent who specializes in their area of creativity. A listing of agents may be found in The Literary Marketplace (LMP) an annual reference guide available at most public libraries. LMP also lists a number of organizations for writers and illustrators.
American Society of Journalists and Authors
The Authors Guild
The Children's Book Guild
PEN American Center
PEN Center USA West
Science Fiction and Fantasy Writers of America, Inc.
Society of Children's Book Writers and Illustrators
You may find these and other such organizations will enhance your creativity and add to your knowledge of the publishing process. Thank you for your interest in Harcourt Trade Publishers[64].
In the beginning of 2005 I received a letter from Rosalie Grace from Heacock Literary Agency, Inc., it states,
Many thanks for your query. However, I am reluctantly going to pass on offering representation. After twenty-six years in the business, it is time to retire. You may find that another agent reacts with great enthusiasm, however. For other possibilities, I suggest you check the Association of Authors Representatives' web page. The members of AAR subscribe to a strict canon of ethics, which is rigorously enforced by the association. Other resources include Jeff Herman's Guide to Editors, Literary Agents and Publishers. We send you all good wishes for success with your writing endeavors. Persevere[65].
In Fall of 2006, after learning that the Senate Committee on Rules and Administration purchased manuscripts, I wrote a letter, through departing Senate Majority Leader Bill Frist. Instead of a response from the Committee I received a letter from Long Ridge Writers Group that said,
We’ve developed a test that accurately reveals writing potential. If you demonstrate that all-important potential, we’ll teach you how to write the kinds of stories and articles that the $200 billion publishing market is looking for. Since we introduced our Breaking into Print program, more than 1,000 of our students and graduates have been published.
I took the test and was sent a rejection letter. They were not impressed with my lesson from the Federal Reserve and sent me an offer to write children’s books that I didn’t respond to. I never heard from the Senate Rules and Administration Committee.
On March 24, 2007, after advocating the WIPO press release regarding their meeting with the International Publisher’s Association to make my intentions regarding the second draft of the HA manuscript clear, I received a letter from Pat from the American Association of Publishers, it states,
Thank you for your inquiry about finding a publisher for your HA manuscript and for your strong advocacy for strong copyright laws! We totally agree. AAP is an association of publishers working on standards, laws, freedom of expression, etc., and we are not allowed to act as agents for authors. Our individual members do that on their own and don't want us interfering. My advice would be to contact publishers directly that publish scholarly and professional works. John Wiley & Sons, McGraw-Hill, Pearson Education, Elsevier Science, are examples of such companies. All my best & good luck[66].
Recently at jury duty in April, from which I was excused after two days, I ran into an attractive 23 year old college graduate with an undergraduate degree in business, she said, “I work for the marketing division of a publishing company”.
When she told me this I brightened and attempted to get to the bottom of the separation between the scholar and money. I told her,
“I am a writer and although I write to many publishers I haven’t had any responses. The impression that I get is that it takes too long to read, edit, publish and market books to properly participate in my email journal until such a time when it would be wise to publish, writers and publishers seem to be different breeds.”
She responded, “I’m not a writer. Although I can write I don’t like to.”
I responded, “I don’t like reading books, they are too long, I prefer government report length works of 20 to 100 pages. Publishers and writers must be opposites as it is only through the trying process of working together that they attract money.”
She was then called to attend a trial and I was left to come to my own conclusion regarding the psychosocial relationship between authors and publishers[67].
On April 15, 2007, at about the time I was subscribed to Senate Majority Leader Harry Reid’s (D-NV) email list service I received a letter from Margaret Fisher Dalrymple, Acquisitions Editor, University of Nevada Press, it stated,
Thank you for your message regarding your book. I am sorry to tell you that this material does not suit our publishing program, which focuses on the American West. We appreciate your interest in the University of Nevada Press and regret that we cannot be more encouraging. I wish you every success in placing your work elsewhere[68].
On April 24, 2007 I received a letter from Martin Littlefield of Vantage Press, Inc., it states,
Thank you for your interest in our subsidy-publishing program. I note that you checked the box on the card requesting the free book. We’ll be happy to send it to you as soon as we receive your full-length manuscript. Do you have a book length manuscript that you’d like to see in print? We’re interested in all types of work, fiction, non-fiction, collections of poetry and short stories, scholarly, scientific, religious, juvenile, even specialized subjects. At Vantage Press we’ll gladly examine your work without charge of obligation. If we do submit a subsidy publishing proposal to you, it will outline the fair terms under which your book can be produced and promoted. Since 1949, more than 20,000 writers have launched their work through Vantage Press, the nation’s largest subsidy book publisher[69].
On May 29, 2007, after mistakenly directing my royalty petition to the now defunct Copyright Arbitration Royalty Panel in the sixth draft of section one of chapter one, I received a letter from the Copyright Royalty Board, it states,
The Copyright Royalty Board, which replaced the Copyright Arbitration Royalty Panel system, administers the statutory licenses set forth in the Copyright Act, title 17 of the United States Code. The issues you raise do not fall under any of those licenses; therefore, the Copyright Royalty Board cannot assist you. For the more information on the Board's jurisdiction, please visit our website and click on "Governing Laws". To review the statutory licenses in the Copyright Act, the specific sections are 111, 112, 114, 115, 116, 118, 119 of Title 17. We have, however, forwarded your question to the Public Information Office of the Copyright Office. You may follow up with them by phone[70].
In August, after submitting the second draft of my manuscript to all the publishers, law reviews and literary agents that I am acquainted, I wrote a query letter to Victoria Sanders & Associates, literary agents, whose address I had discovered in the 2007 Writer’s Market, the letter stated,
You are the only literary agent I have decided to write a query letter to this second draft of the 1,000 page Hospitals & Asylums manuscript amending Title 24 of the United States Code (c) August 11, 2007. Although I write a blog I am not a published author. I only have evidence that it was I who drafted the original $33 billion Iraq Reconstruction Fund, first draft of the Constitution of Iraq, the $1 trillion bill declared by Bank One January 26, 2004, the Hospitals & Asylums website (2005 - present) and lobbying activity disclosure that helped to wrestle the federal budget deficit in from the unacceptably high level over 3% to 1.5% of the GDP helping to save the federal government $100 billion this 2007. I feel that it is time for the American people to learn about HA and hope that you will identify enough with the me to make this dream a reality. I once received a rejection letter from Anderson Publishing Company, it would be charming for the Sanders to conceive of an anderSon[71].
On August 20, 2007 I wrote separate emails addressed to John Wiley & Sons[72], McGraw-Hill[73], Pearson Education[74], Elsevier Science[75], it states,
I was referred to your company by Pat of the American Association of Publishers on or around March 24, 2007. As of my 33rd birthday, August 11, 2007, I finished the second draft of the 1,000 page, 10 chapter, 435 section long Hospitals & Asylums (HA) manuscript. I am now looking for publishers to review the manuscript that can be found in its entirety on the web. To fully express my sincerity I am working on a book proposal that will be released by the end of the week. The manuscript is not expected to fully comply with the Pearson Education requirement of questions for review until 2010. Although you are free to contact me by email at any time it is my understanding, after reading the 2007 Writer's Market, that it takes from 4 to 8 months for a response to a query or book proposal. I am therefore accepting offers until April 2008 for publication in 2008. I hope that you will be interested in HA and that, in the end, the book proposal will not be longer than the manuscript.
On August 21, 2007 McGraw-Hill Companies Customer Service wrote,
“Please go to our website and click on for authors at the bottom of the page. There you will find information on publishing with McGraw-Hill and editorial contacts who will be able to assist you with any questions you may have. Note: if you need to reply with more information, please reply with the history of all previously related emails”[76].
On August 22, 2007 Sarah Christou Development Editor of Social Science Books at Elsevier Ltd, wrote,
Thank you very much for contacting us about your proposal. I have spoken with colleagues in the department and I'm sorry to tell you that Elsevier is not actively commissioning monographs in this subject area at present. I'd like to thank you for your interest in publishing with Elsevier and I wish you success in finding a publisher for your project. Kind regards[77].
I responded to agree Hospitals & Asylums is not a medical textbook. At this stage of the game, it is draft legislation. It is my understanding that Elsevier Ltd. is a member of the Reed Elsevier Group plc [NYSE: ENL; NYSE: RUK] that also owns LexisNexis the internationally renowned legal publisher based in Dayton, Ohio. In 2002 Lexis Nexis purchased Anderson Publishing in Cincinnati, Ohio, where I live. Anderson is most famous for publishing the Ohio Revised Code but regularly publishes legal research of all sorts although usually on the condition that is moot. Being a neighbor I think it would be very convenient to publish with Anderson Publishing Co. and as a member of the same publicly traded corporation I think it would look very professional for an Elsevier Editor to refer HA to Anderson Publishing Co[78].
On August 23, 2007 Ms. Christou responded,
I do not have a contact at Anderson Publishing, so you will need to contact them directly. I am sorry I am unable to be of any further assistance[79].
August 20, 2007
Anderson Publishing Co.
2035 Reading Road
Cincinnati, Ohio 45202
513-421-4142
1-800-582-7295
Query Letter: Second draft of the Hospitals & Asylums Manuscript (c) August 11, 2007
Dear Dale Hartig, President of Anderson Publishing and Dean Glen W. Weissenberger of Depaul University:
LexisNexis Group and Anderson Publishing Company, Cincinnati, announced on October 9, 2002 a definitive merger agreement between the two companies. Anderson is now a wholly owned subsidiary of Matthew Bender & Co., another publishing member of the LexisNexis Group. The company's publishing operations will remain in Cincinnati, where the company employs 77 people. Anderson Publishing has a rich heritage in legal publishing, beginning with its founding in 1887 by William Harvey Anderson.
The company specializes in four major areas of publishing: legal research publications for states; legal research publications by topic; law school publications by topic and criminal justice publications by topic. Its premier titles include Page's Ohio Revised Code Annotated and Anderson's Ohio Civil Practice with Forms. LexisNexis* is the global leader in comprehensive and authoritative legal, news and business information and tailored applications. Its online services combine searchable access to over four billion documents from thousands of sources. A member of Reed Elsevier Group plc [NYSE: ENL; NYSE: RUK], LexisNexis is headquartered in Dayton, Ohio, USA, and does business in 100 countries with 12,000 employees worldwide[80].
On October 28, Johnny McCraw Jr. the editor in chief of the University of Michigan Journal of Law Reform, wrote,
Thank you for submitting “Juvenile Justice and “Children’s Census”. Unfortunately, we are unable to extend an offer of publication. We have a limited number of spaces in each issue and must reject many well-written and interesting submissions[81].
On October 28, 2002 I received a promising letter from Glen Weissenberger at the behest of Dale Hartig, President and Sean Caldwell, Managing Editor of Anderson Publishing Co., he wrote,
I am writing to let you know that the proposal submitted to Anderson Publishing Co. has been forwarded to me at Depaul University. We are pleased to have the proposal under consideration. Please do no hesitate to e-mail me at gweissen@depaul.edu if you have nay questions. Thank you for considering Anderson as a possible publisher for your work[82].
On November 6, 2002 I received a letter from Sean M. Caldwell, Managing Editor of Anderson Publishing Co., he wrote,
I am writing to inform you that Dean Glen Weissenberger presented the publications committee of Anderson Publishing with you proposal. We regret that we must decline your proposal because it does not meet our current acquisition criteria. We appreciate you considering Anderson as a potential publisher of your materials[83].
On November 13, 2002 I received another rejection letter from Sean M. Caldwell, it states,
I am writing in response to your recent letter. We publish primarily law school textbooks for use in core law school courses. Your proposal does not meet that threshold requirement. Therefore, I cannot encourage you to submit another proposal. Additionally, we are not interested in subscribing to the home publication of Hospitals & Asylums[84].
This rejection occurred before I had even started preparing the HA manuscript and was in regards to the articles on Juvenile Justice and Children’s Census. Having been rejected these articles are still locked for editing until I can find the time. This review helped to question the justification for going to war with Afghanistan that may have been the brainchild of the Terrorism and Violent Crime Section of the US Attorney’s Office, that exclusively oversaw the execution of juveniles, inspired by the political power of HA compromised in an illegitimate venue. This respectful review ultimately helped to abolish the execution of juvenile offenders in Roper v. Simmons No. 03-633 of March 1, 2005.
In August, after submitting the second draft of my manuscript to all the publishers, law reviews and literary agents that I am acquainted, I wrote a query letter to Victoria Sanders & Associates, literary agents, whose address I had discovered in the 2007 Writer’s Market, the letter says,
You are the only literary agent I have decided to write a query letter to this second draft of the 1,000 page Hospitals & Asylums manuscript amending Title 24 of the United States Code (c) August 11, 2007. Although I write a blog I am not a published author. I only have evidence that it was I who drafted the original $33 billion Iraq Reconstruction Fund, first draft of the Constitution of Iraq, the $1 trillion bill declared by Bank One January 26, 2004, the Hospitals & Asylums website (2005 - present) and lobbying activity disclosure that helped to wrestle the federal budget deficit in from the unacceptably high level over 3% to 1.5% of the GDP helping to save the federal government $100 billion this 2007. I feel that it is time for the American people to learn about HA and hope that you will identify enough with the me to make this dream a reality. I once received a rejection letter from Anderson Publishing Company, it would be charming for the Sanders to conceive of an anderSon[85].
While this proposal defies several of the so called "truths" set forth in Elaura Niles book, "Some Writers Deserve to Starve: 31 Brutal Truths About the Publishing Industry" it is hoped that we can build upon our past to create a better future for all of humankind[86]. Three of these "truths" are most tried by this query. Truth #7 Nepotism Happens, I am hoping to substitute our clever names, Sanders and Anderson and our shared town and state and prior success in rejection to fulfill the nepotism requirements of the publishing industry. Truth #8 Most Publishers will not Consider a Manuscript Twice, although Anderson once rejected Hospitals & Asylums the manuscript itself was never rejected. Truth #27 Sex Happens, it is hoped that Tony and possibly Victoria Sanders could immaculately conceive of a publishing contract with Anderson Publishing Co. without violating the prohibition against authors boinking editors, agents and publishers so that we could be competitive in sex appeal with our great leaders Bush and Dick (BaD). I think there is a good chance that HA will happen.
Sincerely,
Anthony J. Sanders
Hospitals & Asylums
432 Milton St. Apt. #A
Cincinnati, Ohio 45202
Tel: 513-281-3029
e-mail: title24uscode@
website:
Appendix on Permission Requests
Copyright protection is not available for any work of the United States Government. The United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise under 17USC(1)§105. Other national and regional governments do uphold copyright laws. In response to a request for permission on 17 February 2006 Abdia Mohamed of the World Bank[87], wrote,
Thank you for your request below. In principle, permission would be granted but
please provide me with the details of the World Bank material that you plan to
use. Also, please tell me how the material would be used. Thank you.
The vast majority of charts tables and graphs used in the HA manuscript are from US government sources and do not require a formal request for permission to use. In the HA manuscript I count thirteen figures from ten or eleven sources who would appreciate a polite request for permission from a profitable publishing firm.
1. Fig. 4.3: Institutionalization in the United States per 100,000 1928-2000 Source: Census Bureau, Department of Health and Human Services and Bureau of Justice Statistics; Harcourt, Bernard E. The Mentally Ill Behind Bars. New York Times. January 15, 2007
2. Fig. 4.4: State and County Mental Hospitals Demographics 1950-1970. Source: Gerald Grob. From Asylum to Community: Mental Health Policy in Modern America. Princeton University Press. Pg 260
3. Fig. 5.2 Swiss Formula for Unilateral Tariff Reductions. Ambassador Donald Stephenson. Chairman’s Introduction to the Draft Non Agricultural Market Access. 17 July 2007
4. Fig. 5.3: International Assistance 1990-2010. Source: Organization for Economic Co-operation in Europe DACNews April 2007
5. Fig. 6.3: State by State Detention and Need for Community Corrections 30.6.2005. Source: International Centre for Prison Studies.
6. Fig. 6.7: Categories of Felons Disenfranchised under State Voting Law. Source: Human Rights Watch.
7. Fig. 6.8: World Prison Population. Source: International Centre for Prison Studies.
8. Fig. 6.8: World Prison Population Death Penalty. Source: Amnesty International
9. Fig. 8.1: Major International Contributors to Global Health 2004. Source: PhRMA Global Partnerships: Humanitarian Programs of the Pharmaceutical Industry in Developing Nations of November 2004
10. Fig. 9.1 Percentage Increase in Health Insurance Premiums Compared to Other Indicators, 1988–2006. Source: Exhibit A The Kaiser Family Foundation and Health Research and Educational Trust Summary of Findings of the Employer Health Benefits Survey 2006.
11. Fig. 9.2 Health Expenditures Per Capita 1970, 1980, 1990, 2003 (inc. % GDP) in Major Industrialized Nations. Source: Exhibits 2 & 4. Kaiser Family Foundation Health Care Spending in the United States and OECD Countries. January 2007
12. Fig. 9.3: 15 Leading Causes of Death World Wide by Age 1998. Dr. Kung. World Health Organization. Table 1. Leading Causes of Death, Both Sexes, 1998. WHO/HSC/PVI/99.11
13. Fig. 9.7: Global Vital Statistics 2005. Source: WHO Country Atlas
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27. Chapter One Military Department (MD)
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65. Grace, Rosalie. Heacock Thompson, AAR Heacock Literary Agency, Inc. P.O. Box 226 Cloudcroft, NM 88317. GraceBooks@
66. Grob, Gerald. From Asylum to Community: Mental Health Policy in Modern America. Princeton University Press. New Jersey. 1991
67. Guerrero, Kevin. Editor in Chief of the University of Cincinnati Law Review. Articles Editor.University of Cincinnati Law Review. University of Cincinnati College of Law. Room 300, Taft Hall. Cincinnati, OH 45221-0040
68. Harcourt, Bernard E. The Mentally Ill Behind Bars. New York Times. January 15, 2007
69. Harris, Lesley Ellen. Digital Property, Currency of the 21st Century, McGraw-Hill, Toronto, 1998.
70. Harris, Lesley Ellen. Licensing Digital Content, A Practical Guide for Librarians, American Library Association, Washington DC. 2002
71. Huffaker, Doris. Spectacle Lane Pres. 525 B Street, Suite 1900, San Diego, CA 92101
72. H.CON.RES.110 Expressing the sense of the Congress that Iraq should vote to approve or disapprove the continued deployment of United States Armed Forces to Iraq.
73. House Rule X(j)(4) Committee on House Administration
74. Ingraham, Laura. Power to the People. Human Events. August 21, 2007
75. International Publishers Association (IPA)
76. Johnson, Charles W; Mr. Ney. How Our Laws Are Made. Parliamentarian, US House of Representatives. June 30, 2003
77. Johnson, Jessica. Executive Articles Editor of Capital University Law Review.
78. John Wiley & Sons. . authorsales@
79. Kaiser Family Foundation Health Care Spending in the United States and OECD Countries. January 2007
80. Kaiser Family Foundation and Health Research and Educational Trust Summary of Findings of the Employer Health Benefits Survey 2006
81. Köchler, Hans (1995). Democracy and the International Rule of Law: Propositions for an Alternative World Order. Springer. ISBN 3-211-82764-1
82. Legislative Branch Appropriation Act of 1966 (79 Stat. 270; Public Law 89-90)
Madison, James. Federalist #10. The Republican Civic Tradition. Yale Law Review. 1493-1723. (1988)
83. Littlefield, Martin. Vantage Press Inc. Letter About the Company. 419 Park Ave. South, New York, NY. 10016. April 24, 2007
84. Marx, Karl; Engels, Frederick. Manifesto of the Communist Party. February 1848
McGraw-Hill Company. 1221 Ave. of the Americas. New York, NY 10020-1095. General Tel: +1 (212) 904-2000 or +1 (212) 512-2000. mcgraw-, customer.service@mcgraw-
85. McGraw-Hill Customer Service. August 21, 2007 books.mcgraw-
86. McCraw, Johnny Jr. Rejection Letter from the University of Michigan Journal of Law Reform University of Michigan Law School. 625 South State Street. Ann Arbor, MI 48109-1215. mjlr@umich.edu. USA.
87. Menard, Alfred. Legislative Bill Drafting. Rocky Mt. Law Review. 368, 384 (1954)
88. Mohamed, Abdia. The World Bank. E-mail: amohamed1@. Tel: 202-458-1673 Fax: 202-522-2422.
89. New Editions of Code and Supplement 1USC(3)202
90. Niles, Elaura. Some Writers Deserve to Starve: 31 Brutal Truths About the Publishing Industry. Writer’s digest Books. 4700 East Galbraith Road, Cincinnati, Ohio 45236. 1-800-289-0963. 2005
91. NSF. Committee on the Elimination of All Forms of Discrimination against Women. 38th Session. United Kingdom. 14 May – 1 June2007
92. OMB 2008 Appendix: Legislative Branch.
93. Organization for Economic Co-operation in Europe. International Assistance 1990-2010. DACNews April 2007
94. Pantalony, Rina Elster. WIPO Guide on Managing Intellectual Property for Museums. August 2007
95. Parliamentary Precedent 2USC(1)§28
96. Pat. American Association of Publishers. Recommendation. March 24, 2007
97. Pearson Education. . gsa@
98. PhRMA Global Partnerships: Humanitarian Programs of the Pharmaceutical Industry in Developing Nations of November 2004
99. Reed Elsevier Group. LexisNexis*, Anderson Publishing Company to Merge Ohio publisher's offerings to expand statutory, law enforcement, and law school offerings. 09 October 2002
100. Reuters Entertainment. Bookish Britain overtakes America as top publisher. May 10, 2006
101. Romero, Anthony. In Defense of America. Harper Collins. 2007
102. Roper v. Simmons No. 03-633 Argued October 13, 2004--Decided March 1, 2005
103. Sanders, Tony J. Amendments to the US Constitution. HA-4-7-07
104. Sanders, Tony J. Anthony J. Sanders v. Michael J. Astrue, Commissioner of Social Security. 2nd Application for $1,000 a month. HA-3-6-07
105. Sanders, Tony J. Application to the NGO Section of the UN Department of Economic and Social Affairs. Hospitals & Asylums. HA-21-5-05
106. Sanders, Tony J. 5th Plenary Perseid Party. HA-20-6-07
107. Sanders, Tony J. Letter to Victoria Sanders & Associates. 241 Avenue of the Americas, Suite 11 H. New York, NY 10014. queriesvsa@
108. Sanders, Tony J. Lobbying Activity Disclosure. HA-1-1-07
109. Sanders, Tony J. Hospitals & Asylums v. Bank One HA-26-1-04
110. Sanders, Tony J. Hospitals & Asylums. Vol. 3 Is. 1 & Vol. 3 Is. 2. March 20 & June 20 2003
111. Sanders, Tony J. New Iraq Constitutional Elections (NICE)
112. Sanders, Tony J. Ohio State Department of Taxation. Vendor’s License No. 31 268462. February 16, 1999
113. Sanders, Tony J. Quidditch for Muggles. HA-7-7-7
114. Sanders, Tony J. Response to Elsevier in Pursuit of Referral. August 22, 2007
115. Senate Resolution 281, 96th Congress, agreed to March 11, 1980
116. Shapiro, Michael; Miller, Brett I. A Museum Guide to Copyright and Trademark by the American, Association of Museums, American Association of Museums, Washington DC, 1999
117. Smith, Adam. An Inquiry into the Nature and Causes of the Wealth of Nations. London. Methuen and Co. Ltd. 5th Ed. Edwin Cannan, 1904. First Published 1776
118. Taylor, Nick. Not at the Writer’s Expense. Washington Post. October 22, 2005
119. The American Heritage College Dictionary. Houghton Mifflin Company. Boston. Third Edition. ISBN 0-395-66917-0. 1997
120. Standing Rules of Senate Rule 25.1.n (1)(10) Senate Committee on Rules and Administration.
121. Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–304)
122. United Nations Division for the Advancement of Women (DAW)
123. UNESCO. "Europe", "America", "Asia", "Africa", "Oceania" Book production: number of titles by UDC classes, UNESCO Institute of Statistics, retrieved May 11, 2006
124. Universal Declaration of Human Rights of December 10, 1948
125. Unlawful Intrusion or Violation of Rules and Regulations §154
126. Weissenberger, Glen. Dean Depaul University College of Law. Letter Considering Publication. 25 East Jackson Boulevard. Chicago, Illinois 60604-2219. gweissen@depaul.edu. October 28, 2002
127. Weller, Ann C. Editorial Peer Review: Its Strengths and Weaknesses. American Society for Information Science and Technology. Information Today Inc. Medford, New Jersey. 2001
128. Wendland, Wend B. “Intellectual Property and the Protection of Traditional Knowledge and Cultural Expressions”, Barbara Hoffman Ed., Art and Cultural Heritage Law, Policy and Practice, Cambridge University Press, New York, 2006
129. Winchester, Simon. A Crack at the Edge of the World, Krakatoa, the Professor and the Madman, the Map that Changed the World (I read that one), Korea, Outposts, the Meaning of Everything, the Fracture Zone, In Holy Terror, American Heartbeat, Their Noble Lordships, Stones of Empire, The Sun Never Sets, Prison Diary. Argentina, Hong Kong: Here Be Dragons, Korea: A Walk Through the Land of Miracles, Pacific Rising
Small World, Pacific Nightmare, and The River at the Center of the World.
130. WIPO Expedited Arbitration Rules (EAR)
131. WIPO Director General Receives High Level International Publishers Delegation (PR/2007/482). March 21, 2007
132. WIPO Intellectual Property Handbook: Law, Policy and Use. Publication No. 489
133. WIPO Mediation Rules (MR)
134. Zorich, Diane. An Introduction to Managing Digital Assets, J. Paul Getty Trust, Los Angeles, 1999
135. Zorich, Diane. Developing Intellectual Property Policies, A How-To Guide for Museums, Canadian Heritage Information Network, Government of Canada, 2003
-----------------------
[1] On January 1, 2007, the International Standard Book Number (ISBN) changed from 10 to 13 digits. The International Standard Book Number (ISBN) is a unique identifier assigned to every published book and book-like product. It provides a standard way to identify books in global trade. Changing the ISBN-10 to an EAN-13 number (i.e. an ISBN-13) will bring the numbering system for books into full alignment with the global EAN.UCC numbering system that is widely used to identify most other types of consumer goods. Book Industry Study Group. ISBN-13 Guidance Post. January 1, 2007
[2] Menard, Alfred. Legislative Bill Drafting. Rocky Mt. Law Review. 368, 384 (1954)
[3] Sanders, Tony J. 5th Plenary Perseid Party. HA-20-6-07
[4] Sanders, Tony J. Ohio State Department of Taxation. Vendor’s License No. 31 268462. February 16, 1999.
[5] Sanders, Tony J. Anthony J. Sanders v. Michael J. Astrue, Commissioner of Social Security. 2nd Application for $1,000 a month. HA-3-6-07
[6] Sanders, Tony J. Hospitals & Asylums. Vol. 3 Is. 1 & Vol. 3 Is. 2. March 20 & June 20 2003
[7] Sanders, Tony J. Hospitals & Asylums v. Bank One HA-26-1-04
[8] Sanders, Tony J. Application to the NGO Section of the UN Department of Economic and Social Affairs. Hospitals & Asylums. HA-21-5-05
[9] Sanders, Tony J. Lobbying Activity Disclosure. HA-1-1-07
[10] Associated Content (AC), the People’s Media Company, publishes 75,000 content producers with a staff of little more than 30. They pay $5 for news articles.
[11] The American Heritage College Dictionary. Houghton Mifflin Company. Boston. Third Edition. ISBN 0-395-66917-0. 1997
[12] Garner, Bryan A. Black’s Law Dictionary. Abridged Seventh Edition. West Group. St. Paul Minn. 2000
[13] Koran: New Iraq Constitutional Elections (NICE) Vol. 3 Is. 2; Iraq v. USA $20 billion settlement Vol. 3 Is. 1
[14] The President signed EO 13325 the Foreign Service on 23 January 2004 that was revoked in EO 13374 of 14 March 2005 to confer the rank of minister.
[15] The European Union does not accept budget deficits of more than 3% from their members.
[16] José Antonio Ocampo is the former Under Secretary General of the UN Department of Economic and Social Affairs, and is now Professor and Fellow of the Committee on Global Thought at Columbia University in New York City, he is the author of numerous books and articles on macroeconomics policy and theory, economic development, international trade and economic history.
[17] Smith, Adam. An Inquiry into the Nature and Causes of the Wealth of Nations. London. Methuen and Co. Ltd. 5th Ed. Edwin Cannan, 1904. First Published 1776.
[18] Marx, Karl; Engels, Frederick. Manifesto of the Communist Party. February 1848
[19] Romero, Anthony. In Defense of America. Harper Collins. 2007
[20] Ingraham, Laura. Power to the People. Human Events. August 21, 2007
[21] The Concluding Comments adopted by the Committee on the Elimination of Discrimination against Women at its thirty-eighth session held from 14 May to 1 June 2007 in New York, in respect of reports submitted by 8 States parties. The Concluding Comments are provided in the final version and in the language of adoption. The final versions, in all six official languages of the United Nations, are available on the website of the Division for the Advancement of Women (DAW)
[22] Köchler, Hans (1995). Democracy and the International Rule of Law: Propositions for an Alternative World Order. Springer. ISBN 3-211-82764-1
[23] Reuters Entertainment. Bookish Britain overtakes America as top publisher. May 10, 2006
[24] UNESCO. "Europe", "America", "Asia", "Africa", "Oceania" Book production: number of titles by UDC classes, UNESCO Institute of Statistics, retrieved May 11, 2006
[25] WIPO Director General Receives High Level International Publishers Delegation (PR/2007/482). March 21, 2007
[26] WIPO Intellectual Property Handbook: Law, Policy and Use, WIPO Publication No. 489 (E), at Chapter 5
[27] Simon Winchester wrote A Crack at the Edge of the World, Krakatoa, the Professor and the Madman, the Map that Changed the World (I read that one), Korea, Outposts, the Meaning of Everything, the Fracture Zone, In Holy Terror, American Heartbeat, Their Noble Lordships, Stones of Empire, The Sun Never Sets, Prison Diary. Argentina, Hong Kong: Here Be Dragons, Korea: A Walk Through the Land of Miracles, Pacific Rising
Small World, Pacific Nightmare, and The River at the Center of the World.
[28] The Association of American Publishers (AAP). New York, NY. May 22, 2007
[29] Book Industry Study Group. Book Industry Trends 2007
[30] US Book Industry Climate Impacts and Environmental Benchmarking Study. Book Industry Study Group. December 2007
[31] Bureau of Labor Statistics. Occupational Outlook Handbook. 2006-2007
[32] Brewer, Robert Lee; Masterson, Joanna. 2007 Writer’s Market. Writer’s Digest Books. Cincinnati, Ohio. 2006
[33] Weller, Ann C. Editorial Peer Review: Its Strengths and Weaknesses. American Society for Information Science and Technology. Information Today Inc. Medford, New Jersey. Chapter 2 Rejected Manuscript. Pgs. 43-71. 2001
[34] Zorich, Diane. An Introduction to Managing Digital Assets, J. Paul Getty Trust, Los Angeles, 1999,
at p. 11
[35] Lesley Ellen Harris, Licensing Digital Content, A Practical Guide for Librarians, American Library Association, Washington DC, 2002, at Chapter Three. Lesley Ellen Harris, Digital Property, Currency of the 21st Century, McGraw-Hill, Toronto, 1998.
[36] 1st Internet Governance Forum. Athens, Greece. 30 October - 2 November 2006 HA-1-11-06
[37] Author’s Guild. Author’s Guild Sues Google, Citing Massive Copyright Infringement. September 20, 2005
[38] Taylor, Nick. Not at the Writer’s Expense. Washington Post. October 22, 2005
[39] Author’s Guild. Author’s Registry Ready to Pay More than $500,000 to US Authors in Dutch Library Lending Rights. June 26, 2007
[40] Wendland, Wend B. “Intellectual Property and the Protection of Traditional Knowledge and Cultural Expressions”, Barbara Hoffman Ed., Art and Cultural Heritage Law, Policy and Practice, Cambridge University Press, New York, 2006, pp. 327-339, at p. 329.
[41] Eldred v. Ashcroft. Brief of Amici Curie from the Association of American Publishers et al. No. 01-618. June 8, 2002.
[42] Shapiro, Michael; Miller, Brett I. A Museum Guide to Copyright and Trademark by the American
Association of Museums, American Association of Museums, Washington DC, 1999
[43] Zorich, Diane. Developing Intellectual Property Policies, A How-To Guide for
Museums, Canadian Heritage Information Network, Government of Canada, 2003.
[44] Pantalony, Rina Elster. WIPO Guide on Managing Intellectual Property for Museums. August 2007
[45] Canadian Heritage Information Network, by the The/Marketing/Works® and Phase 5 Consulting Group, Like Light Through a Prism: Analyzing Commercial Markets for Cultural Heritage Content, Government of Canada, Ottawa, 1999.
[46] Money is available on the Order by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–304), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980. OMB 2008 Appendix: Legislative Branch.
[47] Eskridge, William; Frickey, Philip. Cases and Materials on Legislation: Statutes and the Creation of Public Policy. Chapter 1. Second Edition. American Casebook Series. West Publishing Co. St. Paul, Minnesota. ISBN 0-314-05618-1. 1995. pg 27
[48] Johnson, Charles W; Mr. Ney. How Our Laws Are Made. Parliamentarian, US House of Representatives. June 30, 2003
[49] Dickerson, Reed. The Fundamentals of Legal Drafting 2nd Ed. 1986
[50] Menard, Alfred. Legislative Bill Drafting. Rocky Mt. Law Review. 368, 384 (1954)
[51] Bingaman, Jeff. Newsletter Update from Senator Jeff Bingaman. senator_bingaman@bingaman. August 22, 2007
[52] Adams, John. Letter to John Penn. The Works of John Adams. 205. 1850
[53] Madison, James. Federalist #10. The Republican Civic Tradition. Yale Law Review. 1493-1723. (1988)
[54] Eskridge, William; Frickey, Philip. Cases and Materials on Legislation: Statutes and the Creation of Public Policy. Chapter 3. Second Edition. American Casebook Series. West Publishing Co. St. Paul, Minnesota. ISBN 0-314-05618-1. pgs. 123-124. 1995
[55] H.CON.RES.110 Expressing the sense of the Congress that Iraq should vote to approve or disapprove the continued deployment of United States Armed Forces to Iraq.
[56] US Representative Steve Chabot (R). 7th Term. 3003 Carew Tower; 441 Vine Street; Cincinnati, OH 45202. (513) 684-2723. chabot/
[57] Reed Elsevier Group. LexisNexis*, Anderson Publishing Company to Merge Ohio publisher's offerings to expand statutory, law enforcement, and law school offerings. 09 October 2002
[58] McCraw, Johnny Jr. Rejection Letter from the University of Michigan Journal of Law Reform University of Michigan Law School. 625 South State Street. Ann Arbor, MI 48109-1215. mjlr@umich.edu. USA.
[59] Weissenberger, Glen. Dean Depaul University College of Law. Letter Considering Publication. 25 East Jackson Boulevard. Chicago, Illinois 60604-2219. gweissen@depaul.edu. October 28, 2002
[60] Caldwell, Sean M. Managing Editor of Anderson Publishing Co. Rejection Letter. 2035 Reading Road, Cincinnati, Ohio 45202. lawschoool@ November 6, 2002
[61] Caldwell, Sean M. Managing Editor of Anderson Publishing Co. Rejection Letter. 2035 Reading Road, Cincinnati, Ohio 45202. lawschoool@ November 13, 2002
[62] Johnson, Jessica. Executive Articles Editor of Capital University Law Review.
[63] Guerrero, Kevin. Editor in Chief of the University of Cincinnati Law Review. Articles Editor.University of Cincinnati Law Review. University of Cincinnati College of Law. Room 300, Taft Hall. Cincinnati, OH 45221-0040
[64] Huffaker, Doris. Spectacle Lane Pres. 525 B Street, Suite 1900, San Diego, CA 92101
[65] Grace, Rosalie. Heacock Thompson, AAR Heacock Literary Agency, Inc. P.O. Box 226 Cloudcroft, NM 88317. GraceBooks@
[66] Pat. American Association of Publishers. Recommendation. March 24, 2007
[67] Niles, Elaura. Some Writers Deserve to Starve: 31 Brutal Truths About the Publishing Industry. Writer’s digest Books. 4700 East Galbraith Road, Cincinnati, Ohio 45236. 1-800-289-0963. 2005
[68] Margaret Fisher Dalrymple, Acquisitions Editor, University of Nevada Press, MS 166
Reno, NV 89557-0166, (775) 682-7393. April 15, 2007
[69] Littlefield, Martin. Vantage Press Inc. Letter About the Company. 419 Park Ave. South, New York, NY. 10016. April 24, 2007
[70] Copyright Royalty Board. Referral. crb. 202-707-5959. May 29, 2007
[71] Letter to Victoria Sanders & Associates. 241 Avenue of the Americas, Suite 11 H. New York, NY 10014. queriesvsa@
[72] John Wiley & Sons. . authorsales@
[73] McGraw-Hill Company. 1221 Ave. of the Americas. New York, NY 10020-1095. General Tel: +1 (212) 904-2000 or +1 (212) 512-2000. mcgraw-, customer.service@mcgraw-
[74] Pearson Education. . gsa@
[75] Elsevier Sciences. The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, United Kingdom. . s.christou@
[76] McGraw-Hill Customer Service. August 21, 2007 books.mcgraw-
[77] Christou, Sarah. Rejection letter from the Development Editor of Elsevier Sciences. August 22, 2007
[78] Sanders, Tony J. Response to Elsevier in Pursuit of Referral. August 22, 2007
[79] Christou, Sarah. Not able to assist. Development Editor of Elsevier Sciences. August 23, 2007
[80] Reed Elsevier Group. LexisNexis*, Anderson Publishing Company to Merge Ohio publisher's offerings to expand statutory, law enforcement, and law school offerings. 09 October 2002
[81] McCraw, Johnny Jr. Rejection Letter from the University of Michigan Journal of Law Reform University of Michigan Law School. 625 South State Street. Ann Arbor, MI 48109-1215. USA mjlr@umich.edu
[82] Weissenberger, Glen. Dean Depaul University College of Law. Letter Considering Publication. 25 East Jackson Boulevard. Chicago, Illinois 60604-2219. gweissen@depaul.edu. October 28, 2002
[83] Caldwell, Sean M. Managing Editor of Anderson Publishing Co. Rejection Letter. 2035 Reading Road, Cincinnati, Ohio 45202.November 6, 2002
[84] Caldwell, Sean M. Managing Editor of Anderson Publishing Co. Rejection Letter. 2035 Reading Road, Cincinnati, Ohio 45202.November 13, 2002
[85] Letter to Victoria Sanders & Associates. 241 Avenue of the Americas, Suite 11 H. New York, NY 10014. queriesvsa@
[86] Niles, Elaura. Some Writers Deserve to Starve: 31 Brutal Truths About the Publishing Industry. Writer’s digest Books. 4700 East Galbraith Road, Cincinnati, Ohio 45236. 1-800-289-0963. 2005 pgs. 45, 48, 207
[87] Abdia Mohamed. The World Bank. E-mail: amohamed1@. Tel: 202-458-1673 Fax: 202-522-2422.
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