Art and Science

What is the basic motivation for art and science? To understand the basic motivation for art and science we need to nurture the balance of the masculine and feminine principles in all of us. A balance in the nature is achieved when there is a balance of the feminine and masculine principles deep within us as well as in the external universe. This balance of energies is the perquisite for creative and generative change in the internal and external universe.

We can increase the use of the creative as well as the logical part of our brain equally by manifesting deep within us the feminine and the masculine principles of nature. The feminine principle will open up the awareness of universal love, compassion, nurturing and healing through our super conscious mind where as the masculine principle will initiate creative & generative action through the subconscious and conscious mind. Thus the willful and determined action emancipating from the subconscious and conscious mind will be under the guidance and overall control of the feminine principle and the super conscious mind.

Art and science: Awareness of the self

Balancing the feminine and the masculine will lead to an increased awareness of the self and the environment around us. This profound awareness of what we are, who we are will give genesis to artistic and scientific creativity for a new world order based on unification, generation, creation and forward movement rather than a world which is based on reductionism, unabashed individualism and consumption of natural resources leading to destruction and turmoil all around. Therefore we need to appreciate the fact that art and science need the expression of the creative as well as the logical part of the mind represented by the feminine and the masculine respectively.

Art and science: Misconceptions about science

Some people have great misconception about art and science especially science. They believe that science means a logical way of explaining things within the existent rules and theories. But people fail to understand that science is all about creative intuition substantiated by logical conclusion. Without creative intuition no laws of science can be ever postulated, no inventions and discoveries can be ever made.

Even the greatest of scientific thinkers have explained that the inspiration for their path breaking scientific contributions have come from creative intuition which was then substantiated by logical conclusion. The creative intuition comes from the feminine principle which helps us to look at the larger picture of nature encompassing universal love and compassion.

On the other hand the masculine principle is responsible for putting things into action which were thought based on the creative intuition. The masculine principle helps to deduct a logical conclusion to a thought based on creative intuition.

Art and science: Opening up the mysteries of nature

We can open up the mysteries of nature by scientific thinking based on a balance between the feminine and masculine principles of nature. The feminine principle helps us to think creatively with universal love, compassion, nurturing and healing. The masculine principle initiates creative and generative action with an extraordinary amount of will power, grit and determination. By manifesting a balance of feminine and masculine in us, we become in sync with nature and inherit the abilities to unearth the mysteries of nature for progression and development of humanity.

Medical discoveries need a very high amount of the feminine principle because here we are trying to directly understand and work on the mysteries of nature in the form of living cells, tissues, organs and the whole living systems. Here an attitude of universal love, compassion, nurturing and healing is required for success. Women have a natural disposition towards the medical sciences because of the feminine that manifest in them so naturally.

Art and science: The Artistic expressions

Coming to the artistic developments again there is a balance of the feminine and the masculine that is required. Here the manifestation of the feminine and the masculine principle is highly necessary to create an original artistic expression in terms of writing, painting, singing, dancing etc. Here the feminine principle allows us to dream and visualize and to become creative and generative where as the masculine principle leads to the expression of the creative and generative thoughts in terms of actions like writing, painting, singing, dancing etc. These artistic expressions latter become part of the cultural expressions of the human civilization and they become the great strength for the forward movement of human existence in sync with the nature. In simple words, life becomes a celebration.

Life would not have been possible without artistic expressions. Artistic expressions allow human beings to dream, to visualize and to connect with the larger universe and see the manifestations of the larger universe. Today's artistic expressions can become tomorrow's scientific, social, cultural, religious and political revolutions.

Therefore to bring about original scientific & artistic expressions, awakening the feminine is very-very important. Just by working with the masculine principle exclusively we will be never able to become generative, creative and constructive in nature.

Craft Show Listings

arts and craft is a wonderful hobby that could be turned into a moneymaking business! If you are passionate about it and have been doing it for fun - collection, gifts and the like, then why not consider selling them? Arts and craft is a common enthusiasm for most people. It cannot be denied that we desire a touch of artistry and craftsmanship. That is, we want things to be personalized and customized to reflect our personality.

Spot the Stuff That Will Attract Buyers

For sure you have several products in mind to produce. First step is you have to identify your market basing on age bracket, gender, profession, etc. Then, narrow down your goods focusing on the stuffs that you are most confident about. As time and your experience progresses, increase your product lines from there.

Look for the Cheapest Source of Raw Materials

It is very important that you identify wholesalers, authorized dealers and distributors, and manufacturers of the materials that you utilize who offer low prices and additional discounts, and to whom you could establish payment terms. You should also take into consideration material quality and the seller's after sales support (e.g. return and/or exchange of defective items, technical assistance and the like). Though cost is a major deciding factor but it should not be the only factor because who knows the cheapest source may cause you a lot of quality problems.

Produce Reasonable Quantity to Sell

Mass production could save you a lot on overhead, materials and manpower but keep in mind that you are still starting. You are still testing the waters. Inventories if not converted to sales means forecasting was poor. Thus, from your pioneering product lines, decide carefully on how many per design you're going to make. You could do a quantitative and/or qualitative survey from your friends who belong to your identified market. If you have the luxury of time you could dig deeper into the public.

Secure Business Permits and Licenses

It is highlighted to make everything legal in order not to face serious problems with the land's law. Hence, you can visit your city hall or your city's website to check on the necessary documents required when starting a business.

Find a Venue to Market Your Goods

It is important to find a hub of various arts and crafts activities, where you are up-to-date of when and where to stage your creations and your network of acquaintances will expand eventually. Getting expert advice on show selection, booth display, pricing, licensing and taxes. Membership to these hubs will guarantee you to get the cream of the crop services.

Martial Arts and Self Defense

Many times a person is attacked by more than one assailant. This puts the victim at a distinct disadvantage. Thinking and reacting quickly is imperative to preventing being seriously injured. In this article we will show how to escape a self-defense situation with multiple attackers.

Martial arts trains how to deal with multiple attackers. Movies typically show the ninja warrior flying through the air, throwing spinning leg kicks, and doing cartwheels that render the assailants helpless. Although it looks easy and effective, leaving the ground is usually the incorrect tactic. Balance is affected with the feet and legs off the ground. If the victim falls to the ground, they could be in a much worse situation.

The best self-defense or martial arts technique when faced with multiple attackers is to quickly leave. Escaping the scene and getting to a safe area should be the victim's top priority. Oftentimes yelling "Fire" can cause passerby's to notice the situation. It can also confuse the assailants or get them to flee if they feel they may be seen and law enforcement contacted.

Dealing with multiple attackers requires quick reaction and forceful martial arts self-defense techniques. Quick hard kicks to the knees or shins can be very effective. Keeping the feet close to the ground is imperative to maintain balance and provide the ability to move quickly. High kicks leave the victim vulnerable and off balance. Kicks also can keep the assailants from getting close enough to grab a victim. After the first kick get the foot back on the ground quickly to be able to move, avoid or attack the other assailants. And always look for an opportunity to escape.

Martial Arts and the Law of Attraction

Recently, a movie called The Secret came out and seemed to take the world by storm with a fairly simple message: we are attracting to us, moment to moment, people, places, resources, and experiences, based on our subconscious thoughts.

It doesn't matter whether you believe in this Universal Law or not, just as it doesn't matter whether or not one believes in gravity or electricity. Not believing in gravity wont save you when you lose your grip while hanging from the gutters if you're falling off a roof. Not believing in electricity simply because you can't see it wont keep you from getting zapped if you shove a paper clip into an outlet.

The Law of Attraction, also called Karma, the Law of Cause and Effect; some even refer to it simply as luck, coincidence, or serendipity, is simply a Universal Law that, whether believed or not, operates without prejudice 24 hours a day.

Whatever we focus on, whether wanted or unwanted, we seem to attract into our lives. If you've ever wondered what your dominant thoughts about money are, just check your wallet. If you've ever wondered what your dominant thoughts about love and relationships are, just take a good hard look at the relationships you have now.

Taking a look at what you have and what you always seem to draw to yourself; whether it be the types of people around you, the type of job or career situations, the money problems or amazing strings of good fortune you always seem to have, is a good place to start taking a personal inventory of how you might be thinking at the subconscious (or, below your active waking conscious) level.

So, what does this all have to do with Martial Arts?

Well, quite simply, the activities we involve ourselves in say something about how we think and feel. If the Law of Attraction tells us that our dominant thoughts are, at every moment, attracting to us the very things we seem to be experiencing on a daily basis, then how we are actively filling our minds and what we fill them with is paramount to learning how to deliberately attract the things, people, resources and experiences we wish to have, instead of the ones we may be having regularly that are unwanted.

Most Martial Arts typically start from the premise that we might be lacking some type of specific training or knowledge (training and knowledge the Martial Art can provide) and, because we lack this knowledge, we are probably in danger of being taking advantage of by an evil aspect of society. So, we study specific techniques and tactics aimed to thwart an attack physically and, usually, by destroying the evil attacker.

While typical Martial Arts training has many good aspects to it that can lead to increased self confidence,  increased self defense capabilities, increased awareness, better physical health, and many other positive qualities, the arts that instill the premise that 1. we lack something, 2. We are in danger, and 3. We need to train to overcome or destroy the evil element lurking somewhere out there, may actually be doing more harm than good.

Martial Arts and The Bible

As a Christian and a martial arts student, I have often wrestled with the idea of self-defense. Does God expect me to defend my family and myself when physically attacked or am I to "turn the other cheek" and endure it in the name of Jesus? As I considered the many comments I encountered on this topic, I became even more confused. Some advocates for "religion" have gone as far as to say that anyone who practices any form of martial arts is without a doubt bound for hell. It wasn't until I committed myself to a more thorough study of the scriptures that I discovered the truth for myself. The Bible gives more than a few examples of the practice of self-defense and the idea of martial arts. I would like to share some of what I have learned in this study of the Bible - Old Testament and New. The Bible is, in fact, the very word of God (II Timothy 3:16-17).

God and Warfare

The first example of a physical struggle in the Bible is in Genesis chapter 4. It is here that Cain kills his brother Abel. This is an act of violence condemned by God for two reasons. First, the violence was out of anger and jealousy because his brother's actions were better than his own (Genesis 4:4-7). Secondly, the violence was pre-meditated. God confronted Cain before this violence occurred. He told Cain that he would need to figure out how to master the sin of anger and jealousy that was trying to overtake him. What this scripture teaches is that God does not want us to initiate violence but he wants us to train ourselves to master our emotions when tempted with feelings of anger, jealousy and rage. He wants us to prepare our hearts to respond humbly. I believe the study of martial arts can provide this kind of training. I have seen it in my son's martial arts class. His sensei (teacher) may spend up to half of the one-hour class teaching the children humility, manners, concern for others and peace-making. They are taught to avoid violence and stay calm in situations of conflict. This kind of character training is right in line with the example of God's training of Cain.

The next biblical example of a conflict involving a physical struggle is found in Genesis chapter 14. In this chapter, kings are at war and Abram's nephew, Lot, and Lot's family are taken captive. In response to hearing the news about his relatives, Abram sends men to rescue them. In Genesis 14:14-16, Abram sent out "the 318 trained men born in his household". It seems that even though Abram was not at war, he had a training program for his family and household. It was obviously a training program for warfare of some kind - and a good one, at that, since they were victorious in returning Lot, his family and all of their possessions from the hands of warring kings. After Abram's successful rescue, he is honored by God and reminded that God had made him successful against his adversary. God later renames Abram, "Abraham" and he becomes the founding father of faith for the Jewish people (and later Christians as well).

To clarify the meaning of the term "martial arts", Webster's defines the word martial as "warfare" or "warrior", and arts as "a skill acquired by study". In the story of Abram rescuing Lot, the Bible gives us an example of warrior training. Not everyone in Abram's household was a part of the 318 trained men, but the ones that were had excellent martial arts training. And God helped them to be victorious as they executed their warfare skills.

Here are a few other brief examples of warfare, from the Old Testament, that could be studied further:

• Genesis 32 - Jacob avoids war with his brother, Esau. He prepares for battle but orchestrates a peaceful resolution.
• Deuteronomy 20 - God goes with the warriors to fight against their enemies.
• II Samuel 23:8-39 - the Bible describes David and his mighty men of battle.
• Nehemiah 4 - the builders of Jerusalem's city wall carry weapons to defend themselves during the rebuilding.

There are many more examples in the Old Testament, with a wide variety of scenarios and many unique resolutions. The subject of warfare is very complex and each situation needs to be considered carefully. Therefore, when faced with adversity, wisdom needs to be applied.

An Eye For An Eye

Even with the Old Testament of the Bible showing support for martial arts training, some might argue that the God of the Old Testament is different than the God of the New Testament - that God's position on warfare changed when Jesus came on the scene. It might be said that the God of the Old Testament was about war and the God of the New Testament is about peace.

The Bible, however, does not support this. James 1:17 says that God does not change, and Hebrews 13:8 says that Jesus Christ [God] is the same yesterday, today and forever. Therefore, the God of the Old Testament is the same God of the New Testament. As we continue to study this topic, we will see that the New Testament also discusses self-defense and the idea of martial arts.

Matthew 5:38-42, in which Jesus talks about "an eye for an eye and a tooth for a tooth", has been used to condemn martial arts. It reads, "You have heard that it was said, 'Eye for eye, and tooth for tooth.' But I tell you do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also. And if someone wants to sue you and take your tunic, let him have your cloak as well. If someone forces you to go one mile, go with him two miles. Give to the one who asks you, and do not turn away from the one who wants to borrow from you." At first glance this passage seems to be advocating a reversal of the Old Testament laws. I was swayed by this argument myself, and was torn in my own convictions for some time. But when I finally decided to dig deeper into the Bible, I was amazed and encouraged to find some answers.

Many people who want to obey the Bible simply gloss over this scripture, like I did, because they are torn between what they think the Bible says and their consciences telling them to prepare for warfare and to protect.

The truth is that Jesus never intended to abolish the Old Testament laws. He only intended to clarify them, to reinforce them, fulfill them, and reveal God's heart behind them. This is what Jesus says just moments earlier in Matthew 5:17: "Do not think that I have come to abolish the [Old Testament] Law or the Prophets; I have not come to abolish them but to fulfill them." When Jesus speaks about "turning the other cheek", in Matthew 5, he is referring to the Old Testament Mosaic laws found in Exodus 21, 22 and 23. These chapters in Exodus contain the laws God gave to his people, which reinforce and further detail the famous "ten commandments". Jesus is specifically referring to Exodus 21:22 where God explains what punishment should be given if men are fighting and an innocent by-stander is harmed (in this instance, a pregnant woman). This is not a scripture about self-defense but about restitution and punishment for a crime. Jesus referred to this scripture because the people, in religious self-righteousness, were using this particular scripture to justify retaliation and vengeance.

"An eye for an eye" had become an excuse to be intolerant and merciless toward one another. A closer look at the "act of aggression" that Jesus refers to as a strike on the cheek, will reveal that he is talking about an insult rather than a fighting fist. The word "strike" is translated from the Greek word "rhapizo" which is used interchangeably with the word "slap". In the Jewish culture (as in many other cultures), a slap in the face was a form of humiliation or rebuke. It was not necessarily a physical attack and was not meant to result in physical harm. Even Exodus 21:21 (regarding "an eye for an eye") says that if, as a result of a conflict, a pregnant by-stander is forced to give birth pre-maturely but there is no serious injury to the woman or the baby, "an eye for an eye" should not be applied as a punishment. Jesus is confirming that this Old Testament law regarding punishment is not to be used as an excuse for retaliation when inconvenienced or insulted. Jesus is exposing the heart of man and is further clarifying the Old Testament Law. God's desire is that we don't retaliate but rather that we restrain our emotions in the heat of conflict and maintain righteousness and mercifulness. We are not to pounce on our adversary at the first sign that we have been offended. The ultimate goal of God is to win over the offender, help him to see God's mercy and institute a change of heart in the offender (see 2 Peter 3:9-15 and Luke 9:51-56 for further study).

Guidelines For Martial Arts

The Bible provides some guidelines for practicing self-defense and martial arts as it aims to clarify what is and is not acceptable in the face of conflict. II Timothy 3:16-17 says, "All Scripture [the Bible] is God-breathed and is useful for teaching, rebuking, correcting and training in righteousness, so the man of God may be thoroughly equipped for every good work." I Corinthians 13:7 says, "[Love] always protects, always trusts, always hopes, always perseveres". Using the Bible as a guide, a person can become thoroughly equipped to be a protector.

Permanent injury or death can occur as a result of practicing martial arts. This does not make martial arts unacceptable to God but God clarifies what is and is not acceptable in regard to deadly force in various situations. For example, Exodus 21:12-14 says that if a person is killed unintentionally, the killer is not guilty of murder. If it is intentional, the killer is to be sentenced to death. Exodus 21:18-19 says that if men are quarreling and one strikes the other and injures him seriously but not permanently (even with a weapon), he is responsible only to compensate the injured man for loss of time and medical expenses. I point out these scriptures to show that God is concerned with the attacker's and the defender's intentions as well as the outcome of the conflict. We cannot simply say that anyone who harms or kills another man is guilty and has committed a sin. It depends on his intentions. Also, we see that using extreme force, or even a weapon may be acceptable if it is used in a way as to not intentionally inflict permanent damage.

The Bible refers to another situation in which self-defense may be used during a robbery, in Exodus 22:2-3. If a man is being robbed, he is entitled to protect his property, his family and himself. If the attempted robbery takes place at night and the actions of self-defense result in the death of the robber, the defender is not guilty. If the attempted robbery takes place in the daytime and the robber is killed, the defender is guilty of sin. The difference may be that in the daytime, the defender should have more control of his actions and should be able to subdue the robber without killing him. Self-defense is warranted but control must be applied. At night, in the dark, maximum force would be acceptable since it is more difficult to assess the threat that the robber poses. It would be more difficult to tell if the attacker had a weapon, or to assess his physical strength.

God expects us to constantly make decisions about the situations we are in. In regard to martial arts and self-defense, it seems that God is concerned with our intentions. Guilt and innocence, to him, are a matter of the heart. God expects us to be directed by the heart of the scriptures in the Bible. We must be directed in our actions by scriptures such as Deuteronomy 5:17, which says, "You shall not murder" as well as I Corinthians 13:7 which says, "[Love] always protects". As the Bible states in II Timothy 3:16-17, all Bible scripture is relevant and useful. During one of my martial arts classes, one of my fellow students asked our sensei, "What attack should I make now?" He had just finished practicing a series of intense self-defense tactics on his partner, rendering him harmless. Sensei replied, "Run". No final "kill-move"? No, it is time to make another decision about the threat the attacker poses. If the attacker has been successfully rendered harmless then you shouldn't stick around to inflict more damage or further risk your own safety. The Bible gives us specific guidelines for martial arts but God also communicates his heart about how he wants us to treat one another. He wants us to treat one another with love - even in conflict.

Weapons

I have also wrestled with the question of whether or not it was right for weapons to be used as a means of defense. Should I own a fighting knife, a sword or a gun? Isaiah 2:4 says, "...They will beat their swords into plowshares and their spears into pruning hooks. Nation will not take up sword against nation, nor will they train for war anymore." If this scripture were taken out of context with the rest of the Bible, to use a weapon would be a sin. But this scripture has to be balanced with others. In the context, this scripture is describing the contrast between the nations of that time and the type of nation Jesus would establish in the future. The nation that Jesus would establish would have no military and there would be no physical walls to defend. It would be a spiritual nation, not a physical one.

The New Testament clearly confirms the right to bear arms. Romans 13:4 says, "For [the governing authority] is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer." Even Jesus directs his disciples to acquire weapons as the time of his crucifixion approached. Luke 22:36 says, "He said to them, 'But now if you have a purse, take it, and also a bag; and if you don't have a sword, sell your cloak and buy one.'" And in Luke 22:38, "The disciples said, 'See Lord, here are two swords.' 'That is enough,' he replied." Peter soon after uses the sword to protect Jesus and Jesus rebukes him for it. This was not to say that it is wrong to use a weapon to protect someone. Peter had earlier been rebuked by Jesus for trying to keep him from fulfilling his mission of dying for the sins of the world (see Matthew 16:21-28). Jesus was re-stating that Peter was not to protect Jesus from going to his death. This was not the correct time to use the sword. Jesus had his disciples arm themselves because Jesus was not going to be with them, physically, any longer. They would need to protect themselves and each other and Jesus gave them the right to bear arms in order to do so.

Martial Arts Is Not Religion

It is important to note that martial arts is not religion in that it is not an institute of service and worship of God. It is only a tool to accomplish a necessary training. There will be flaws in all martial arts training and even things taught that are contradictory to the Bible. This will happen even when the martial arts style or system is advocating biblical-based training. Romans 3:4 says, "...Let God be true and every man a liar." My son was recently taught by an instructor during class to avoid talking about politics and religion in order to avoid conflict. Though I appreciate the effort made to train the kids to keep the peace, the concept is biblically flawed. I spent the next week teaching Bible scriptures to my son such as Acts 4, "Judge for yourselves whether it is right in God's sight to obey [man] rather than God. For we cannot help speaking about what we have seen and heard." It is each person's responsibility as a Christian to know what the Bible teaches. Even in Acts 17:10-11, when the apostle Paul taught the people of Berea, the Bereans were honored by God for having a noble character because, "they received the message with great eagerness and examined the scriptures every day to see if what Paul said was true." Each of us has the same responsibility to examine the scriptures to see if what we are being taught is true, whether it be a teaching from our martial arts instructor, school teacher, neighbor, or religious leader.

Conclusion

Martial arts training has its place. It can help people learn to deal with the inevitable conflicts in life. There is no escaping battle in life. God wants people to be prepared to handle these battles, whether it is to turn the other cheek to an insult, find a peaceful resolution, or physically defend themselves or others. Martial arts and self-defense are not sinful or inherently wrong, but without the guidance of God and the Bible, martial arts could be misapplied. Without proper biblical training we are left to our own sinful nature, which tends toward retaliation, haste, fear, hatred, pacifism, and intolerance. Martial arts is a biblical concept, but even more attention should be given to biblical training. The Bible should be used in conjunction with martial arts training. In conclusion, I Timothy 4:7-8, which says, "Have nothing to do with godless myths and old wives' tales; rather, train yourself to be godly. For physical training is of some value, but godliness has value for all things, holding promise for both the present life and the life to come."

Master the Art of Allowing

When you want to create an event in your life using the law of attraction you must master the skill of using 'deliberate intent', focusing on what you want, and the skill of 'the art of allowing', letting it actually come in physical manifestation. These two skills are really the basis for the law of attraction. If you can master the ability to create events within your mind and to encourage them to manifest you have mastered the attraction puzzle. But how do you do that?

When you want to create an event in your life people call it attraction, the idea that you magnetically bring an event into your experience but the real power comes when you understand that there is no event to 'attract'. Now this may seem a little odd but the truth is the event that you are trying to attract must be formed within you first, within your own mind, within your emotions and imagination. In a sense you must live it first inwardly and then you must learn to allow it to form within your physical environment.

The secret to deliberate intent is this: do not try to attract anything, instead form it within yourself and encourage it to form in your life. It is quite a 'mind trick' but a very powerful one.

Once you have formed the event with you, you want it to become physical rather than simply a thought and so this is where the art of allowing comes in. The secret here is to know that once you have formed the event within your mind, and you must do this lightly, almost playfully, you then need to give enough energy to the process to 'form' it in physical time. The secret to the art of allowing is to give just ten minutes a day to the process. Sit for those minutes just focusing on what you want as if you have it now with the expectation of its formation in your life. Expectation is key! You must also add into the mix this phrase " I allow myself to create this experience for myself and am in complete co-operation with all aspects of myself, my conscious and unconscious mind are in unison in creating and allowing this event" That last sentence is the key and the secret to the art of allowing because it brings in the conscious and unconscious mind into play.

The secret to the art of allowing is this: create expectation and co-operation with yourself by bringing together the conscious and unconscious aspects of your mind. If your unconscious mind does not 'allow' this event in your life, go back and explore your beliefs about what you are attempting to create.

Having explored and worked with these ideas for many years and taught them since 1997 I can tell you that very few are successful in creating the life they want with the law of attraction and that is because they have not been skilled enough in deliberate intent, the art of allowing or both. These two skills encompass the conscious creator ability to choose the future. I would encourage you to take time to explore and practice these ideas because without them you will strug

Alternate Risk Transfer (ART) - Insurance Strategies

Risk Management

Alternate Risk Transfer is a fancy way of saying alternate methods of insurance and risk management, of which there are many. From the most basic alternative of going without insurance (self-insuring) to so-called "program business captives", there are a wide variety of strategies from which to choose.

To understand why ART strategies are so popular it is important to understand a few facts about insurance pricing.

►Insurance Premiums are related primarily to economic cycles NOT primarily to claims.

"The claims that recent increases in medical malpractice liability insurance premiums in Connecticut are attributable to overly generous jury verdicts are unfounded. The more likely explanation for the sudden rise in rates is the decrease in investment earnings of the medical malpractice insurers..." Professor Tom Baker, Director, Insurance Law Center, University of Connecticut School of Law

Every time insurance industry profits decline sharply, the industry declares an "insurance crisis" - rates go up sharply, deductibles rise and underwriting guidelines tighten.

►Insurance Premiums have risen much faster than claims.

Median medical malpractice payments rose 35 Percent from 1997 to 2001 (an average of 8.5% a year).
Average premiums for single health insurance coverage increased 39 percent over that time period (9.5% per year). (Source: National Practitioner Database)

►A small number of insured may be responsible for a large percentage of losses.

National Practitioners Database:

For example, in Florida, 6% of the doctors were found to be responsible for 51% of the malpractice claims. 2,674 out of 44,747 doctors have paid two or more malpractice payments. These doctors are responsible for 51% of total malpractice payments.

24 Florida physicians have paid 10 or more malpractice settlements since 1990.

Needless to say, the 94% pay for the poor claims experience of the 6%.

ART Strategies

Conventional insurance markets are one-year indemnity contracts designed to transfer specific hazard risks. Typical features of an ART strategy are:

►Multi-year, multi-line coverage

►Coverage tailored to special need of insured

►Provides coverage not generally available in the marketplace

►Risk retention by insured

There is a multifarious trade-off between risk retention, complexity and cost among the various different ART strategies. Not surprisingly, the plans with the least risk, complexity and expense generally provide the least benefit. As more risk is retained, the greater and greater benefits can be obtained. Of course, complexity and administrative expenses grow as well. Windward Harbor can help you find, execute and manage the right strategy for you. We have listed the basic ART strategies below.

►Guaranteed Cost Insurance Plans

Traditional insurance coverage.

►Loss Sensitive Insurance Plans

Insurance coverage for a specific insured where the final premium is based on the insured's losses.

►Risk Purchasing Groups (RP's)

Risk Purchasing Groups were created by the Liability Risk Retention Act of 1986. The purpose of the act was to break through the myriad of state insurance regulation in the hopes of making it easier for groups to purchase liability insurance. The act allows groups of individuals combine to purchase liability insurance while prohibiting states (regulators) or insurance companies from discriminating against them.

►Self-Insured Retention Plans (SIRS)

The primary difference between a deductible and a self-insured retention is that a deductible amount counts against the total limits of the policy, reducing total coverage, whereas a self-insured retention plan provides limits of coverage in excess of the self-insured retention so that the amount payable under the policy is not reduced by the amount of the retention.

►Protected Cell Captives (Segregated Portfolio Companies)

PCCs (SPC's in certain domiciles) are essentially rent-a-captive companies that ensure complete separation among program participants. According to the laws of specific domiciles, PCCs or SPC's generally guarantee complete separation of each cell's assets, capital, and surplus from each other. Because they can achieve economies of scale, rent-a-captives make captive insurance affordable for companies that would not otherwise be large enough to profitably own and operate their own captive.

Windward Harbor LLC owns a BVI licensed Segregated Portfolio Company - Windward Harbor SPC Ltd, which provides rent-a-captive services for selected clients on an annual fee basis. Each segregated portfolio has its own economic ownership, tax Id number and files a separate tax return.

►Self-Insured Groups & Pools (SIG's)

While the concept differs slightly from state to state, SIGs work similarly in the nearly 40 states in which they are legal. A group of employers form a nonprofit corporation or trust and hire a professional to manage it. This new entity then purchases the insurance, meaning the SIG members essentially "own" their own workers' comp company.

The group pools the money it otherwise would pay an insurer, earning investment income on funds held in reserve. If a SIG program cuts down on workplace injuries and claim costs, the surplus, or "dividend," from premiums is returned to members.

Of course, if a company or the group as a whole has catastrophic losses, members pay the difference, up to a limit. Above that point, the group buys excess insurance to offset a single large loss or a combination of losses.

►Captives (See Captive Services)

A captive insurance company is an insurance company that is owned and controlled by its insureds. According to Captive Insurance Companies Association (CICA), the first captive ever formed was in the late 1800s, and was designed to write more cost effective fire insurance policies for New England textile manufacturers that were hit hard by increasing market rates.

Captives gained popularity in the 1980s as a result of the US liability crisis, particularly in the medical arena.

As captives have continued to grow over time, employers are considering employee benefits as a new or expanded coverage. The more recent hard market and changing economy is expected to spur even more and rapid industry growth yet this year.

Single Parent (Pure) Captive: A single parent captive is owned and controlled by one owner, typically the parent organization, and is formed as a subsidiary company. The captive subsidiary underwrites policies for the parent, and solely bears the risks of the parent.

►Group Captive: A group captive is owned and controlled by multiple insureds. They may or may not be related entities or a part of a homogeneous group like industry or trade groups. Typically, companies of similar size pool their risks in an industry captive with customized insurance plans. Similarly, companies of similar size in different industries can also form group captives to enjoy the benefits of a captive model. More recently, associations have been forming association captive insurance companies to offer captive services as part of their membership benefits.

►Agency Captive: Agency captives are companies typically owned by groups of brokers or other insurance intermediaries and are typically structured like rent-a-captives.

►Risk Retention Groups

Risk Retention Groups were also created by the Liability Risk Retention Act of 1986, which provides for streamlined regulation. A RRG is an insurance company in every regard but has one very important regulatory distinction. Every RRG chooses a single state in which to be domiciled and regulated. The act provides that the RRG is then eligible to do business in all states.

►Program Business Captives

Associations, regional producers and corporations who desire to assume some selected third-party exposure.

Police Self Defense Training

It would seem that police officers wouldn't need to look for martial arts training, considering the fact that they have their own police tactics programs. And yet, many LEO know that what they are learning as police tactics is only a part of the training they need.

For many different reasons, law enforcement officer defensive tactics training is falling short in meeting the needs of today's front line officers, causing many to seek out martial arts training programs. The question then becomes...

"Which martial art is best for LEO's?

The truth is that, while all martial arts have their strong and weak points, a huge part of this equation is actually centered on the instructor teaching the particular system. And, while many systems themselves do not lend themselves well to training for police officers - especially street cops - almost every style has something to offer.

I'll talk about the "instructor-factor" in another article. For now, I want to focus on what a particular style must be able to offer the competent and prepared LEO, if he or she is to be ready and able to deal with today's suspects, perpetrators, and even the injured victim who lashes out from a state of panic or confusion.

There are 2 primary considerations that LEOs must take into account when considering any type of training. Again, this article does not address the "instructor-factor," which would add a 3rd consideration.

These two primary considerations, where the "style" of martial art is concerned, include:

1) Liability and adherence to use-of-force doctrine, and...

2) Strategic and tactical control of as many types of situations and attack scenarios as possible

The first consideration - use of force and legal liability cannot be overlooked by today's professional police officer. Because, even in the face of spitting and physically violent rioters, the LEO and his or her actions must stand the most intense scrutiny - both from within, as-well-as outside the department they work for.

In this light, a police officer must be very careful so as to not delude themselves into believing that he she might be able to get away with the brutality and techniques used in the MMA sport arena, or those suggested and favored by many of the "harder" forms of martial arts.

However, that being said; the police officer who is serious about the safety of themselves, their partners, and the people they are trying to protect, cannot afford to lean toward the systems which are too passive, take too long to "master," or those which leave gaps in the training and fail to deal with necessary and commonplace scenarios that are dealt with on a regular basis.

It is this "completeness" that puts the martial art of Ninjutsu ahead of the pack. And, while many people, including those training in the art today, believe that Ninjutsu - the armed and unarmed self-protection system of Japan's ancient Ninja families - is anything like what is portrayed in the movies, the art is actually a very comprehensive system that can be adapted to any group needing specific skills, or operating in a specific field.

Again, this does not suggest that any other system could not be used to assist an officer in attaining certain skills for the street. But, if LEO's are looking for skills, techniques, strategies, and tactics for...

1) Using psychological control techniques for de-escalating a situation and preventing it from "going physical"

2) Control, restraint, and the subduing of violent individuals quickly and effortlessly

3) Use of and defense against the perpetrator armed with a firearm

4) Defenses against clubbing attacks, as-well-as increased proficiency with a police baton

5) Teamwork skills and controlling and apprehending a dangerous person

6) Defending against a grabbing, wrestling, or tackling-type attack

7) Using pressure points to control the aggressive person

8) Unarmed defense against an assailant armed with a knife or other weapon

9) Multiple attacker defenses for situations where backup has yet to arrive

10) and others...

All while maintaining a professional bearing and presence...

Then Ninjutsu is the best choice because it has all of this to offer the professional law enforcement officer in the 21st century.

5 Ancient Symbols of the Law

Many of the concepts forming the basis of modern law came from ancient civilizations. Why not pay homage to the ancient and honorable roots of the legal profession with office decor that incorporates art with a historic or symbolic connection to the law from ancient civilizations? Quality reproductions of ancient art and relics from museums and preserved ruins can be an inexpensive and tasteful way to incorporate the rich history and origins of the law into the framework of almost any style of office decor.

Reproduction art comes in several forms that can easily be incorporated into your existing office decor--as three-dimensional wall reliefs, sculpture (statues, heads and busts), figurines and boxes that serve a dual purpose--as decor, and as storage for small objects like paperclips.

Below are five examples with a legal perspective that appear in ancient art treasures which have survived the ages and now reside in museums.

o Themis, Greek Goddess of Justice, often depicted as "Blind Justice".

o Pericles, Athenian statesman whose eloquent speaking ability and keen sense of judgement ushered in the democratic reforms associated wtih the golden Age of ancient Greece.

o Socrates, the great Greek philosopher whose ideas and precepts have helped shaped laws and societies since the 4th century B.C.

o Maat, Egyptian Goddess of Law, Order and Justice and the personification of divine order.

o Athena, Greek Goddess of Wisdom.

Decorating options to complement your choice of reproduction art include upholstery fabric, drapes, wall coverings or wallpaper borders that echo Greek or Egyptian motifs. Try incorporating colorful and exotic Egyptian vases or Greek amphorae for a coordinated look. Attractively matted and framed photographic posters of Egyptian ruins and the Greek Acropolis also complement museum reproductions.

Victorian painters--particularly art students--often chose classic Egyptian or Greek themes as subjects for their paintings. Many are quite beautiful, and inexpensive prints can be matted and framed for an elegant and interesting addition to decor with an ancient history theme. For a personal touch, getting your firm's name translated into ancient Egyptian hieroglyphics and painted on papyrus makes a colorful and interesting addition to your office decor.

Basics Of US Patent Law

United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.

Article 1 Section 1 Clause 8 of the US Constitution empowers the congress to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of the United States Code. Though a few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.

The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.

Requirements for Patentability

To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),

a) Usefulness (Sec. 101)

b) Novelty (Sec. 102)

c) Non-obviousness (Sec. 103)

d) Specification (Sec. 112).

Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.

Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.

Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.

The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.

The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.

Not eligible for Patentability

The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.

An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making an offer to sell or making a contract of sale for the future is fatal to novelty of the invention and it shall not patented.

An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.

An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.

Tell me again about the "public trust" (a continuing series)

Judith Dobrzynski has news of two more museums selling work, including the planned sale by the Art Institute of Chicago of a Braque, two Picassos, and a Matisse at Christie's next month. The combined high estimates come to about $15.5 million.

Here are two things we know about those five works:

1. Having fallen under the aegis of a museum, they were held in the public trust, to be accessible to present and future generations . . . or at least until February. After that: not so much. Sorry present and future generations! Don't be so touchy about it.

2. Their sale will certainly NOT send a terrible message to potential donors. Nobody will say: "Why should I give this to you? What guarantee do I have that you're not going to sell this tomorrow?"

It's almost as if this whole "public trust" business is a bunch of b.s.

As if on cue . . .

The Philadelphia Inquirer's Stephan Salisbury reports this morning that the Pennsylvania Academy of the Fine Arts has sold five works and plans to sell five more.

The five already sold are: Autumn Still Life by William Merritt Chase; Looking Over Frenchman's Bay at Green Mountain (1896) by Childe Hassam; Flowers (1893) by John H. Twachtman; Bathers in a Cove (1916) by Maurice Prendergast; and Great White Herons (1933) by Frank Weston Benson.

Hey, wait a minute! Weren't we just told that this is a terrible message to potential donors. Why wouldn't somebody say, "Why should I give this to you? What guarantee do I have that you're not going to sell this tomorrow?"

Besides, separate and apart from any impact on future donations, those works were held in the public trust, to be accessible to present and future generations. How DARE the museum sell them? It's an outrage, I tell you.

Or is it?

Janet Landay, executive director of the AAMD, says: "It's a normal part of building a collection. It shouldn't be such a touchy subject."

Yes, stop being so touchy. It's totally normal for museums to sell work. Who said anything about sending negative messages to potential donors?

Who ever said the works were held in the public trust to be accessible to present and future generations?

Where did you ever get such crazy ideas? Selling work is a totally normal non-touchy thing to do. Why is that so difficult for you to understand, Mr. Touchy?

David Brigham, president and chief executive of the Pennsylvania Academy, goes so far as to say "it's a positive story." "Collections aren't static," he said. "They aren't meant to be static."

No, they're not.

"It does no good to conserve an individual object if you put it back into the very environment that caused it to deteriorate in the first place."

NPR has a story on the recent deaccessioning at the Philadelphia History Museum. The New York Times ran a similar story last month.

I always love this move: "Russell Lewis, chief historian at the Chicago History Museum, says his institution tries to avoid deaccessioning because of the message it can send to potential donors. ... 'Why wouldn't somebody say, Why should I give this to you? What guarantee do I have that you're not going to sell this tomorrow?'"

But, on the strict anti-deaccessionist view, what guarantee does anyone ever have that work they donated won't be sold? Museums sell work constantly, and use the proceeds to buy more art. Why wouldn't somebody say, "Why should I give this to you? What guarantee do I have that you're not going to sell this tomorrow?"

Somehow sales to buy more art, no matter how routine, don't seem to discourage future donations. Sales for any other reason, however, send potential donors running for the hills.

Thanks to Mark Gold for the pointer.

I wonder what a large ad hoc committee would have looked like

Judith Dobrzynski reports that the promised small ad hoc committee of museum leaders has been established by the New York Board of Regents to help it produce an updated set of deaccessioning regulations. There are 16 members.

"Except for the super wealthy, the tax benefits of giving through an estate plan have been wiped out."

Forbes: New Estate Tax Law Could Hurt Charity. (For more on the new estate tax law, see here.)

Linkage

• Chris Marinello on who buys stolen art.
• Interview with art title insurer ARIS.
• Law School for Visual Artists.
  

"The group is hanging its admittedly slim hopes on a court challenge that West Chester Attorney Samuel Stretton said he would file within a week."

The Friends of the Barnes fight on:

"Stretton said he will ask that the original case be reopened, arguing that then-State Attorney General and now-Federal Judge Michael Fisher was too supportive of the coalition of individuals and groups that pressed for the Barnes to be moved to Philadelphia.

"As Attorney General, it was Fisher's job to represent the interests of the state's citizens, not one side or the other in the dispute, Stretton said.

"Stretton said he questioned Fisher's actions after seeing him interviewed in the 2009 documentary, The Art of the Steal, which offered a critical view of the machinations that ultimately led to the planned move of the Barnes.

"It is not the first time the Attorney General's role in the case has been challenged.

"In 2004, Montgomery County Orphans' Court Judge Stanley Ott issued a blistering critique of the Attorney General's position, making same point as Stretton.

"In response to Ott's criticism, Sean Connolly, spokesman for the Attorney General's Office, agreed that 'the attorney general represents the public, not one side or another in charitable matters.'

"'In this case,' he said, 'we supported the petition because, in our view, it was in the best interest of the public.'

"Despite his unhappiness with the Attorney General's office, Ott ultimately approved the plan to move the Barnes, which would not seem to bode well for Stretton's attempt to raise the issue now.

"In his ruling, Ott acknowledged that Barnes' will stipulated that his collection never be moved, but determined nonetheless that the Barnes Foundation was in financial trouble and the move to Philadelphia was in the best interest of the collection."

Estate Tax Changes

Welcome back, and Happy New Year everybody! To kick things off, I thought I'd share an advisory we sent to our clients regarding the tax legislation passed by Congress just before the holidays:

The just-enacted Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the “Act”) favorably addresses uncertainties lingering in our federal estate, gift and generation-skipping transfer tax regimes since 2001. Absent Congressional intervention, the Act expires at the end of 2012. In the interim, however, the Act may produce planning opportunities for certain individuals.

Here is a summary of the most significant changes to the federal gift, estate and generation-skipping taxes for 2011 and 2012:

• The rate for the estate, gift and generation skipping transfer taxes is 35%.
• The estate and gift tax regimes are “reunified,” with a combined tax-free allowance of $5 million ($10 million for a married couple). This means that there will be an increase from $1 million to $5 million in the tax-free amount for lifetime gifts. This will create enhanced planning opportunities in states such as New York which have no gift tax.
• The Act affords “portability” of a deceased spouse’s unused tax-free amount to the surviving spouse. If a spouse does not use some or all of his or her tax-free amount of $5 million, the surviving spouse may use the remainder, ensuring that $10 million per couple will be exempt from the unified gift and estate tax during the period covered by the Act.
• The generation-skipping transfer tax exemption is also set at $5 million.
• The $5 million tax-free amounts will be indexed for inflation after 2011.

The Tax Act resolves uncertainties in the federal gift, estate and generation-skipping tax regimes in effect in 2010 as follows:

• The estate tax for 2010 decedents is restored, with a tax-free amount of $5 million and a 35% tax rate. Importantly, however, 2010 estates may elect out of the estate tax regime entirely and into an income tax regime of modified “carryover” basis.
• The generation-skipping transfer tax administrative rules are applicable to 2010 generation-skipping transfers, but no GST tax is payable on 2010 transfers.
• The lifetime gift tax exemption remains $1 million in 2010, with a 35% tax rate for gifts in excess of that amount.

Lastly, for those concerned about changes to the law for grantor retained annuity trusts (“GRATs”), we can report that the Tax Act left this valuable estate planning strategy unscathed.