News Letter 2007 04

M. A. SMITH

A PROFESSIONAL LAW CORPORATION

MASAPLC.COM

Michael A. Smith, Attorney at Law

319 E. Foothill Blvd., #C Voice - (626) 357-1177

Arcadia, CA 91006 Facsimile - (626) 357-4588

April 2007 No. 22

In 1982, the Florida Keys declared itself the Conch Republic in a symbolic protest to a U.S. Border Patrol checkpoint that cut the islands off from the rest of Florida. Keys residents, never lacking for a sense of humor, staged a mock secession. Although lacking a “conch-situation,” they declared war, surrendered after about a minute of rebellion and immediately applied for foreign aid.

The interdiction stopped, and now “foreigners” flock to the Conch Republic Independence Day Celebration. Party week starts in Key West on April 20 with a music festival, dragon boat races, a conch shell-blowing contest and a pajama party. Make reservations by calling (305) 296-0213 or going on-line to conchrepublic.com or fla-keys.com. Westways, March/April 2007

Looking for a good book to read? pick up a copy of Transforming Burnout by Alan Sheldon, M.D.

Dr. Sheldon’s narrative is succinct, informative, to the point and worth reading. It contains positive suggestions on overcoming burnout. Thanks Fred C.

A trial court refused to allow a bank to revise their contractual agreement with customers through the use of bill stuffer inserts. In the particular case, the bank had advised credit card customers that unless they heard otherwise, their right to a jury trial was being waived under their modified agreement. When the case was heard at the trial level, the court provided for reimbursement of attorney’s fees incurred by the customer in bringing this law suit, pursuant to the California Private Attorney General Act. In awarding attorney’s fees, the court indicated the issue of a jury trial is an important public right. See MBNA America Bank v. Gorman, 2007 S.O.S. 796. Thanks Fred C.

Of all the fast food companies around, McDonald’s has the worst image for not caring about customers’ health.

McDonald’s [finally] selected a new trans-fat-free oil (see February 2007 newsletter). However, their spokesman would not say when the healthier oil will be used in all its restaurants. The oil is being used in more than 1,200 restaurants after extensive testing. The new oil is canola-based and includes corn and soy oils. Thanks Fred C.

In 1906, Alabama, Iowa, Mississippi and Tennessee were each more populated than California! With a mere 1.4 million people, California was only the 21 most populous state. Thanks Linda C.

Scottish researchers say looking at the spine with new imaging technology has revealed sitting with a straight back and thighs parallel to the floor increases the strain on lumbar discs in the lower back. It is much better to lean back a bit, even if it looks like you are slouching. The best position is sitting in a recliner. Thanks Fred C.

Spring is here and bees and hornets are on the move. If you get stung and the stinger is still in the bite, use a credit card to scrape it away. Do not pull the stinger out, the bite will get infected (I write from personal experience). For any pain and swelling, tape a penny over the bite and leave it in place for 15 minutes. Something in the copper counteracts the venom. Thanks Linda C.

Hackers try obvious passwords, exploiting poor security to break into online computers. Weak passwords really do make hackers’ jobs much easier and an improved selection of usernames and associated passwords can make a difference in whether attackers get into your computer.

A study on hacking was done at the University of Maryland. During the 42-day study, attempts at attacks averaged about 1 every 39 seconds. Of the 270,000 attacks, 825 were ultimately successful.

Passwords should be a minimum of eight characters, with at least one uppercase letter and one lowercase. One character should be a number or punctuation symbol and passwords should be changed frequently. However, it will not help if the password is so complicated you cannot remember it and end up writing it down on a sticky note next to the computer. Thanks Fred C.

A new breath test, by Menssana Research, reportedly detects lung cancer in its early stage. The breathalyzer is one billion times more sensitive than those used by police and detects about 200 different chemicals in a person’s breath; some of these chemicals are markers of cancer. The test is completely safe, painless and non-invasive; the patient gently breathes into a tube for two minutes.

The bad news, the test is not available in the U.S. It may be available soon in the European Union. Thanks Fred C.

Regardless of the color, grapefruit juice and some oral medications do not mix. Grapefruit juice can increase effects, and side effects, of cholesterol-lowering drugs and other medications by up to a factor of 10. Grapefruit is loaded with compounds called furanocoumarins. These compounds inhibit an enzyme in the stomach that chews up medication before it is absorbed. With the enzyme suppressed, the body absorbs more of the drug. National Geographic, March 2007

If you are planning a trip outside the US, even trips to Mexico and Canada, you must have a current, valid passport. A birth certificate is no longer accepted to re-enter the country.

If you have not used your passport in several years, it may be prudent to check the expiration date and update if necessary. Forms may be obtained at the post office.

If you expose most of your body to 15 minutes of sunlight each day during the summer and take large doses of vitamin D during the winter, you may substantially reduce the risk of getting a variety of cancers and-or diseases. Research in the last few years suggests low levels of vitamin D may be partly to blame for much of the ill health of many Americans.

According to Hector Deluca, a pioneering vitamin D researcher at the University of Wisconsin-Madison, vitamin D plays a role in shutting down or activating at least 100 genes, many of which are involved in preventing diseases. The study has also linked low levels of vitamin D to several diseases: Alzheimer’s, neurological, heart, diabetes and the flu to name a few.

According to the American Journal of Preventive Medicine, 1,000 to 2,000 IUs daily could reduce the incidence of colorectal cancer by about 50 percent with little risk. The current recommended intake ranges from 200 IU in children to 600 IU in the elderly. Thanks Fred C.

It’s Girl Scout cookie time! This year, all the cookies will come nearly free of harmful trans fats. The Girl Scouts have marked their 90 year in the cookie business by getting most of the artificial fat out of all varieties of their cookies. This change reflects movement by the scouts in recent years to add an element of health consciousness to their annual bake sale. This year, about half the troops will offer a sugar-free cookie called the Little Brownie.

USA Vice President, Denise J. Pessich, said she is confident cookie fans will notice few differences.

Shoplifters and dishonest employees stole over $5.8 billion in 2005 from 24 major retailers, according to the Annual Retail Theft Survey conducted by Jack L. Hayes International. The surveyed retailers apprehended over 670,000 shoplifters and dishonest employees in 2005 and recovered more than $127 million from those apprehensions, a 17.3 percent increase over 2004.

While total apprehensions of shoplifters and dishonest employees decreased in 2005 by 2.4 percent, the total dollar recoveries from those apprehension exceeded $127 million, an increase of 17.3 percent over 2004.

Only 2.7 percent of total retail theft losses resulted in a recovery. This means for every dollar recovered by those surveyed, $37.05 was lost to retail theft. Survey participants apprehended 607,457 shoplifters in 2005, reflecting a decrease of 3.78 percent from 2004.

Based on over 1.8 million employees, 1 in every 26.5 employees was apprehended for theft from their employer in 2005. Both the number of dishonest employees apprehended (68,994) and the dollars recovered ($49.9 million) increased for the second straight year in 2005. On a per case average, dishonest employees steal about 5.7 times the amount stolen by shoplifters. Thanks Fred C.

A 1920s technology could end up curing one of the 21 century’s biggest ills. In the search for clean-burning alternatives to gas, many fuels have had their moment in the spotlight: ethanol, diesel, hydrogen.

Now add to the list synthetic fuel, made from carbon-based products like natural gas and coal in a process dating back to the 1920s. In December the Air Force successfully tested synthetic jet fuel in a B-52 bomber; it plans to test the fuel’s cold-weather performance this year.

The fuel, it is said, will work in any vehicle powered by a diesel engine without any retooling. The price is right, too: coal-to-liquid fuel should cost about $45 per barrel. A government tax credit would then kick back $21 per barrel to the manufacturer, Syntroleum, a Tulsa, OK, based company, making the fuel very competitive anytime oil prices are above $30 per barrel.

What’s the catch? Founder and CEO of Syntroleum says it will take at least $1 billion to build a plant capable of producing 10,000 barrels per day of the synthetic fuel. Thanks Fred C.

A new study debunks the widely held belief that diet plus exercise is the most effective way to lose weight. Researchers report dieting alone is just as effective as dieting plus exercise.

To lose weight, one only needs to maintain a difference between the number of calories consumed daily and the number of calories burned through metabolism and physical activity. The six-month study, conducted by Pennington Biomedical Research Center in Baton Rouge, LA, found it did not matter whether a reduction in calories was achieved through diet or burned through exercise.

However, regular exercise can improve aerobic fitness and lower the risk of heart disease, diabetes and certain types of cancer, pointed out researchers. Journal of Clinical Endocrinology and Metabolism 2007. Thanks Fred C.

If you change traffic lanes, the lane you were in will start to move faster than the one you are in now. [happens every time]

The probability of being watched is directly proportionate to the stupidity of the act.

An excellent article appears in the March/April issue of Westways about helping teens become responsible drivers. I cannot provide the article but recommend it for those who have teens who are new or nearly new drivers.