Saturday, February 18, 2012

Axon hearing aids ? Rejuvenate your Ears!

Published by Sherry | February 17, 2012 | | 15

Hearing aids have been of great use for people who loose some of their listening power. The range of axon hearing aids offers some of the best hearing devices that make the sound crystal clear to hear. The K-82 hearing aid by Axon is among the very best for the hearing purpose. It is compact in size and fits into the ears perfectly.

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This tool among the axon hearing aids is based on the natural ability of hearing thus its circuit board makes hearing just like we hear naturally and if worn at the back of the hear it becomes completely invisible making sure you look as if you are not using any aid for hearing.

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The volume control feature and high sound clarity with no disturbance feature make this device a great buy among all the axon hearing aids. Another hearing device that is very popular in the range of axon hearing aids is the K-88.

This is one among axon hearing aids that will suit the requirement of almost everyone. It is very small in size and provides excellent quality on noise sound.

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The size makes it very suitable for any occasion or event and you may work very normally with it never letting anyone know that you are wearing a hearing aid of any kind. The wide variety of axon hearing aids seems like never ending and this K-88 is just the right one that you can buy for yourself or for anyone who has hearing deficiency.

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It also has features like its battery is rechargeable that makes sure you do not have to change its battery every time.

The pressure of sound for this hearing aid ranges from 129 DB with an adjustment for 4 DB. The frequency response is from 450 to 3000 Hz and is almost the same for all the axon hearing aids. The required current to operate it is less than 4mA. The axon hearing aids are very reliable and all of them have very strong technical features that make them long lasting without compromising on the quality of sound. Another hearing instrument in the category of axon hearing aids is the axon V-68.

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This one is also having the same features but it is more inclined towards the digital technology. The axon hearing aids offer some of the most amazing hearing instruments that work very beneficially for its users. The best part is that in this range of axon hearing aids one can find the product that suits your need and you do not need to compromise on anything regarding looks or features.?

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Source: http://www.1directory.net/health-fitness/axon-hearing-aids-rejuvenate-your-ears-5129.html

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Friday, February 17, 2012

Why You Should Stay at a Maui BnB | Article Thread

Learn why you need to stay at a bed and breakfast Maui. When I think back on my favorite vacations that I had taken over my lifetime, Maui Hawaii pops into my mind. When I think of Maui, I think of the pristine beaches, the sun, the relaxed feel to the island, and I think of a Bed and Breakfast Maui. Staying at a bed and breakfast Maui will change the way that you think about your vacations. If you are like me, I grew up staying in hotel after hotel. Hotels are great, don?t get me wrong, but they feel so impersonal. At a hotel, they treat you like you are just another guest. Staying at a Bed and Breakfast Maui is a great way to get the most out of your vacation.
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A Bed and Breakfast Maui has a lot of different perks to staying in a Bed and Breakfast. Maui bed and breakfast inns are the best kept secret on the island. With a Bed and Breakfast Maui, you will get the best hospitality and treatment that you can find on the island. You will love the way that you are treated. At a Maui Bed and Breakfast, you are treated like family. You and your family?s concerns are concerns to the staff at your Maui bed and Breakfast.
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Most Maui BnB inn are very close to the beach. It is nice being close to the beach, because you can hang out at the beach all day, but come back to your room whenever you need to. One of the great perks about saying at a Maui bed and Breakfast is obviously, the breakfast. You will love waking up every morning to a complimentary breakfast. Breakfast is a great way to start the day, especially when it is prepared for you.
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The staff at the Bed and Breakfast Maui want you to have the best vacation possible. The Maui BnB staff will tell you the best of the island. The best activities, restaurants, and beaches on the island of Maui Hawaii. Planing your Maui Hawaii vacation can be a lot of fun. You want to book your Bed and Breakfast Maui as soon as you can. Save money by booking your Maui BnB early. Maui Bed and Breakfast Maui are becoming more and more popular and you want to get the best deal possible. You can search for ?Bed and Breakfast Maui? to get the best results. Some other things you might consider searching for are: night rate, Hawaii bed, Maui island, lahaina, room, inn, breakfast, bed, Maui Bnb, Maui B and B, and Maui bed and Breakfast.
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Stay at a Bed and Breakfast Maui to make the best of your Maui Hawaii vacation. You will be amazed at the difference a Maui BnB can make in your trip. Don?t stay at just another hotel, you want to stay at a Bed and Breakfast Maui, it will be worth it, I promise you. Book your Bed and Breakfast Maui room today!

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Source: http://articlethread.com/why-you-should-stay-at-a-maui-bnb-article-62620.html

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Billionaire Falcone: no LightSquared bankruptcy (Reuters)

(Reuters) ? Hedge fund manager Philip Falcone is ruling out a bankruptcy filing for his telecom startup LightSquared Inc, one day after U.S. regulators said they planned to revoke approval for the company to build a national wireless broadband network.

"It is clearly not on our table," Falcone said in an email to Reuters on Wednesday when asked if LightSquared, the biggest investment in his Harbinger Capital Partners fund, was considering a bankruptcy filing.

He said there is a plan for dealing with the Federal Communications Commission's plan to rescind its permission for LightSquared to build out a land-based network, but he declined to offer any details.

LightSquared said the FCC's action had harmed it and the public by preventing construction of a network vital to U.S. competitiveness.

Industry analysts and some LightSquared investors say the telecom startup is running short of options with cash draining away and little chance of getting the FCC to change its mind. They also say it could be hard to find a buyer for LightSquared. Several suggested that a bankruptcy filing, while perhaps not imminent, is the likely outcome.

In a financial filing last year, LightSquared said it could run out of money by the middle of this year.

"A bankruptcy Chapter 11 filing seems inevitable," said a person with one of the hedge funds that owns some of LightSquared's more than $1 billion in outstanding debt. The person declined to be named because the situation is still fluid with LightSquared.

Tim Farrar, a veteran industry analyst and principal at TMF Associates, agreed but said a bankruptcy filing may not occur immediately. "Investors don't have leverage to force a filing right now," he said, adding that a final FCC ruling would strengthen the hand of investors to force it.

The FCC announced its decision late on Tuesday, minutes after the National Telecommunications and Information Administration said LightSquared's network would interfere with the Global Positioning System, vital to the military and with civilian uses ranging from airline navigation to irrigation.

Many telecommunication analysts have said it will be difficult for the financially-strapped company to either raise additional financing or ever become profitable with just the satellite-based portion of its network.

Its plan had been to build a high-speed wireless service so it could tap into the massive demand for data on devices like smartphones and tablet computers.

"We remain committed to finding a solution and believe that if all the parties have that same level of commitment, a solution can be found," LightSquared Chief Executive Sanjiv Ahuja said in a statement without tipping the company's next move.

HARBINGER SUFFERS

The fate of LightSquared also is critical investors in Falcone's hedge fund, which once controlled $26 billion in assets but is now down to about $4 billion. A little more than half of Harbinger's money is tied-up in LightSquared and the hedge fund is the company's single largest equity investor.

Last year, Harbinger, a fund known for its volatile returns with years of big losses often following year of big gains, gave up 47 percent of its value in large part because of a sharp markdown on the value of the LightSquared investment.

Falcone, an expert in distressed investing whose well-timed bet against the overheated housing market earned him a big following in the $2 trillion hedge fund industry, still has a prominent roster of investors. The list is said to include hedge fund legend George Soros, who declined to comment on the Falcone's current troubles.

For now, LightSquared's main business partner Sprint Nextel is sticking to its plan to give the company until the middle of next month to try and come up with a solution.

"We have an agreement with LightSquared that goes to March 15 to give LightSquared time to address the issues it's had with the FCC," Sprint spokesman Bill White said.

Sprint and LightSquared already decided at the end of last year to try and save money by shelving work on the network until the situation was clearer.

If Sprint scuttles the deal it could mean money coming back to LightSquared. "There is $65 million that would be returned to LightSquared to reflect work that was paid for (but) not carried out." White said.

LightSquared has argued that its network would help relieve a national wireless capacity shortage, in line with FCC goals to devote more airwaves to mobile services.

But the GPS interference and the FCC's subsequent decision may pose too great an obstacle to overcome, analysts said.

"While we could not commit to saying that it is the 'end of the road' for LightSquared, we believe it will be an extremely tough slog for the company to show value in the spectrum it holds," Wells Fargo analyst Jennifer Fritzsche wrote in a research note.

OPTIONS AND ALTERNATIVES

One route would be for LightSquared to consider suing the government if the FCC's final determination goes against the company after the comment period ends March 1.

"The odds are against (LightSquared) in being able to persuade the FCC that it is wrong," said Andrew Lipman, a partner who heads law firm Bingham McCutchen's telecommunications practice.

LightSquared would likely have to wait until the comment period is over before it could sue the FCC and such a case would likely take about nine months or more, the lawyer estimated.

Another way to deal with the GPS issues would be to arrange a spectrum swap with another carrier or company, a person close to LightSquared who is not authorized to speak publicly said.

A sale of LightSquared might also be possibility, one investor in Falcone's fund and other industry analysts have suggested, but they acknowledge that it might be tough to find a buyer.

"Right now (LightSquared is) in a world of hurt and the thing is it is toxic enough that no one wants to take it," said one telecommunications mergers and acquisitions expert who could not speak about the matter publicly.

This person added that companies like AT&T and Verizon have been interested in snapping up spectrum, but said buying LightSquared would not be a desirable way to do so, considering the complications around it.

The value of LightSquared's spectrum declines significantly if it cannot be used for cellular services, analysts have said.

For Falcone, the regulatory set-back is the latest in a string of problems dogging the 49-year old former Harvard hockey star who grew up in rural Minnesota but now lives on Manhattan's

Upper East Side in a townhouse once owned by Penthouse publisher Bob Guccione.

The U.S. Securities and Exchange Commission recently warned Falcone and some of his key lieutentants they face questions over whether they might have engaged in improper trading. Falcone has also faced investor anger over having failed to tell them that he took a loan from the fund to pay his personal taxes at a time they could not get their money out.

(Reporting By Svea Herbst-Bayliss in Boston and Sinead Carew in New York; Editing by Matthew Goldstein and Tim Dobbyn)

Source: http://us.rd.yahoo.com/dailynews/rss/tech/*http%3A//news.yahoo.com/s/nm/20120215/media_nm/us_lightsquared_falcone

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Thursday, February 16, 2012

Private funeral for Houston set for Saturday in NJ (AP)

NEWARK, N.J. ? Whitney Houston's funeral will be held Saturday in the church where she first showcased her singing talents as a child, her family choosing to remember her in a private service rather than in a large event at an arena.

The owner of the Whigham Funeral Home said Tuesday that the funeral will be held at noon at Newark's New Hope Baptist Church, which seats up to 1,500 people. Gospel singer Marvin Winans, a Grammy Award winner and longtime family friend, has been chosen to give the eulogy, his son said.

The family said no public memorial service is planned. Officials had discussed the possibility of holding a memorial at the Prudential Center, a major sports and entertainment venue that can seat about 18,000 people, but the funeral home said it had been ruled out.

Funeral home owner Carolyn Whigham said the church service will be by invitation only, reflecting the family's decision to keep the memorial more personal.

"They have shared her for 30-some years with the city, with the state, with the world. This is their time now for their farewell," she said.

"The family thanks all the fans, the friends and the media, but this time is their private time," she said.

Houston, 48, died Saturday at a hotel in Beverly Hills, Calif., just hours before she was set to perform at producer Clive Davis' pre-Grammy Awards bash. Officials say she was underwater and apparently unconscious when she was pulled from a bathtub.

After an autopsy Sunday, authorities said there were no indications of foul play and no obvious signs of trauma on Houston. It could be weeks, however, before the coroner's office completes toxicology tests to establish the cause of death.

Los Angeles County coroner's assistant chief Ed Winter said bottles of prescription medicine were found in the room. He would not give details except to say: "There weren't a lot of prescription bottles. You probably have just as many prescription bottles in your medicine cabinet."

Houston's body was returned to New Jersey late Monday.

Houston was born in Newark and was raised in nearby East Orange. She began singing as a child at New Hope Baptist Church, where her mother, Grammy-winning gospel singer Cissy Houston, led the music program for many years. Her cousin singer Dionne Warwick also sang in its choir.

Houston's family asked Tuesday that any donations in her memory be sent to the arts-focused public school that she attended as a child and that was named after her in the late 1990s.

In lieu of flowers, they said mourners should donate to the Whitney Houston Academy of Creative and Performing Arts in East Orange, a school serving students in kindergarten through eighth grade.

Houston attended the school as a girl when it was named the Franklin School and was a regular visitor for many years afterward. On Monday, students held an outdoor service in her memory.

An impromptu memorial for Houston was held Sunday during a sadness-tinged Grammys, with Jennifer Hudson saluting her memory with a performance of "I Will Always Love You." Viewership for the awards show soared over last year by 50 percent, with about 40 million viewers tuning in to the program on CBS.

On Tuesday, a steady stream of well-wishers continued to stop at the New Hope Baptist Church, where the front fence was adorned with dozens of flowers, balloons and oversized cards, some with hundreds of signatures and condolences written on them.

Several people expressed disappointment that a public memorial had not been scheduled. But they also said they understood why the funeral was being kept private.

"Maybe at some point down the road, they might do something," said B.J. Frazier, of East Orange, who said she had performed as a singer with one of Houston's aunts. "But it's like they're saying today, they shared her for a long time and they just want her to themselves for now."

Gov. Chris Christie ordered flags flown at half-staff Saturday at state government buildings, describing Houston as a "cultural icon" who belongs in the same category of New Jersey music history as Frank Sinatra, Count Basie and Bruce Springsteen.

"Her accomplishments were a great source of pride for the people of the state," he said.

Houston, a sensation from her first album, was one of the world's best-selling artists from the mid-1980s to the late 1990s, turning out such hits as "I Wanna Dance With Somebody," "How Will I Know," "The Greatest Love of All" and "I Will Always Love You." But as she struggled with drugs, her majestic voice became raspy and she couldn't hit the high notes.

Houston left behind one child, 18-year-old daughter Bobbi Kristina Brown, from her marriage to singer Bobby Brown.

Winans, in his role as a pastor, married Houston and Brown. The Winans and Houston families have been friends for years, and Houston performed with Winans' siblings CeCe and BeBe, members of one of gospel music's first families.

Winans' office at Perfecting Faith Church in Detroit and his son, Marvin Jr., confirmed to The Associated Press on Tuesday he will eulogize Houston.

Houston was especially close to CeCe and BeBe Winans and performed with both. She and CeCe sang "Count on Me," for the movie "Waiting to Exhale," in which Houston starred.

___

AP Entertainment Writer Lynn Elber in Los Angeles and AP Music Writer Nekesa Mumbi Moody in New York contributed to this report.

Source: http://us.rd.yahoo.com/dailynews/rss/celebrity/*http%3A//news.yahoo.com/s/ap/20120215/ap_on_en_mu/us_whitney_houston

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A Look at the Position Enjoyed by Low cost Mobile entertainment ...

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By : Olexa Kilian ?? zero times read
Submitted 2012-02-14 13:12:14 A Look at the Part Enjoyed through Wholesale Mobile entertainment Dealers

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By: Olexa Kilian

A Look at the Part Enjoyed through Wholesale Mobile entertainment Dealers

Wholesale car audio and video is actually provided by at wholesale prices firms that generally obtain goods from your initial model manufacturers. They will play the role of circulating for you to dealers along with other suppliers and sometimes for you to large scale buyers. Therefore, it is very vital to learn who your wholesaler / retailer is so your music might be initial along with shipped punctually. Looking at websites, you'll find that we now have developed solid relationships . middlemen and thus mobile entertainment is within lots. A few of the wholesale music merchandise is car built in amplifiers, auto stereos, car bass speakers, auto audio system and lots of other add-ons.

An advanced dealer, you will need %LINK2% to deal with suppliers throughout %LINK3% the well-mannered and friendly means by order to be able to cement the connection. Ecommerce relationships should be made to be sure a smooth procedure for obtaining car audio and video. However, traders must also be sure that the providers are usually legitimate and also worth being in business. In business, reputation is almost everything. Wholesale audio can be found in very brands plus they include Alpine, American global, American expert, Autotek, Bazooka, Infinity, Master, Leader premier and also the checklist goes on and on. An important feature about from suppliers car audio is that the cost is reasonably lower plus they alter from wholesaler / retailer for you to wholesaler / retailer.

To the consumers, they are able to search for public wholesale car audio and video and obtain each of the great alternatives offered. Low cost music ought to are available in the first good quality if a person as the supplier know that your clients are not contented, there are steps you can take to settle the matter. You're designed to get in touch with the particular retailers and tell them in the issues of customers and when they're accommodating, they'll remember the car audio and video and validate your reality. It will be their causes of the situation are generally appropriate and also %LINK1% real. It is therefore negative for you to dismiss these at first because dealers associated with flawed goods. It is because wholesale suppliers take care of a great deal bulk and lots of things can go wrong.

Consequently your own associations will go a long way within conquering the problem. These are mostly saved in stores and all sorts of the necessary steps taken to make certain that the items feel safe. As being a vendor desperate to enter ecommerce, you need to have the actual legitimate information regarding low cost music. You can find business opportunities usually marketed by suppliers web a study of the marketplace will allow you to launch yourself to the organization. Understand the guidelines involving wholesale suppliers in addition to fine print that include arrangements. You may as a result be on your journey to taking automobile entertainment to the automobiles of folks. Marketing ebay is recognized for the fantastic dividends and increases nevertheless, prior to making your current well deserved profit, you must perform very difficult and convey good quality service to buyers. A good thing to accomplish is always to check with an agent who has been in business with regard to at some time and, get them to coach you on a number of the problems to prevent.

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Wednesday, February 15, 2012

Eating Disorders ? A Parent's Guide to Treatment for Anorexia and ...

Eating Disorders - A Parent's Guide to Treatment for Anorexia and Bulimia at HomeAt last , a single easy-to-read book ends the confusion about Eating Disorders, their effects, and treatment ? with clear advice from World-Leading Experts

Dear carer I?ve emerged from the most terrifying and bewildering battle in my life. And I want to help you avoid some of the most terrible pitfalls, which I was very fortunate to escape. I know what it?s like when the terms "Anorexia" or "Eating Disorder" or "Bulimia" first get used in your house about your family. I still remember when it became clear my daughter was suffering from Anorexia Nervosa ? I was blind-sided ? taken by complete and utter surprise. As the parent of a daughter with an Eating Disorder, this might be the most important message you will ever read. My name is Kathryn*, and as a carer, I helped my daughter fight and beat an Eating Disorder. And I will share everything I learned with you.

Probably much like you, I was terrified when I first encountered an Eating Disorder. Once I knew our ?baby girl? had Anorexia, I was overcome with fear and questions :

All the while, no matter what I read, or who I spoke to, no one seemed to agree on what we should do, NOW, to save my loved one. My first reaction was to ?Google? all the major terms about the illness. I spent 72 hours with a total of 6 hours sleep, collating, copying and formatting all the advice I could find online. You?re probably wondering what I did with all that effort and research ? The answer is ? NOTHING ! All I?d managed to do was condense a world of conflicting opinions, self-proclaimed experts, stories of pain and loss and suffering. Once I carefully read all the information I now had in my hands, I was lost and terrified. I could see no help in sight. Then it hit me. After reading the full stories of some of these sufferers, I realized my beautiful girl was actually at risk of dying. Dead, at 14 years of age ! As it dawned on me I might outlive my child , my hands shook uncontrollably and I just cried ? I sobbed in fact, in a way I never have ? for hours that felt like days. This beautiful girl ? what has gone wrong ? Why us ?

Which is why I?m writing this now. In this day and age, many of us rely on the internet for advice. But I had this sinking feeling the information I?d found was downright dangerous. It turns out a lot of it was, in fact it was potentially lethal !

The struggle my daughter (Bronte Cullis) and our family had with Anorexia Nervosa was documented by Ray Martin and Channel 9 and became well-known in Australia and across the World.

In the most acute stages of Bronte?s illness, doctors told me Bronte could not recover and that I should let her die. This led me on a quest, first to secure life saving treatment for Bronte, then to develop a deeper understanding about eating disorders and, most importantly, how to treat them.

Bronte is now a happy and healthy adult, and has written her own book about the ordeal. She has accomplished so much with her life to date, even though doctors gave up hope for her.

There is hope. And you can act. This e-Book is a great starting point to begin your shared journey to recovery.

WHAT ABOUT A FATHER?S ROLE ? Men often have trouble dealing with the anger and frustration caused by Eating Disorders. Facing an invisible enemy, a man can?t attempt to put his life on the line for his loved one. As long as your child?s father wants to play a proactive and positive part in treatment, Dad has a significant role to play. Our thoughts will help him identify this invisible enemy, and put the battle in context so he can help on the road to recovery. I have documented the challenges, support and actions a father can take to complement a powerful at-home action plan.

Having an Eating Disorder is a stressful situation for both the individual and family members. There is always hope for recovery from the illness. Eating Disorders are treatable.

The recovery process starts with individuals? motivation and determination to get better, and the personal support they receive from family members and others. Individuals are strongly recommended to obtain professional treatment and self-help resources such as this eBook so they can gain maximum control over their eating disorders and take self-responsibility in the treatment process.

There are many people who have successfully overcome their ED and are living a fruitful and happy life. Recovery from Eating Disorders is an active process and it is very achievable.

This E-Book gives some great tips to have some ?you time?. You?ll be amazed how refreshed and vitalized you?ll feel after practicing a small amount or relaxation meditation each day. This book shows you how.

A value of $33 alone, Meditation for Everyday Living is included free when you purchase Eating Disorders At Home This bonus EBook is provided via immediate download in PDF format, which requires the free Adobe Reader to view

Concentrating on the meaning of Self Improvement, rather than modelling behavior of others, can be a powerful distraction from bad habits and an asset in building a bright future.

Recommended price for this handbook is $19, but it will be included free of charge with your order of Eating Disorders At Home

This bonus EBook is provided via immediate download in PDF format, which requires the free Adobe Reader to view

Eating Disorders make a sufferer feel worthless and undeserving. The age-old principles of positive self-image outlined in the Boosting Self Esteem Guide may help in the recovery process. What wethink of ourselves and how we see our future plays a large part in the actual results we achieve.

This E-Book is valued at $17 as a single purchase, but you?ll receive a free copy together with your purchase of Eating Disorders At Home? Read more?

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Source: http://health.olykit.com/2012/eating-disorders-a-parents-guide-to-treatment-for-anorexia-and-bulimia-at-home/

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Monday, February 13, 2012

The Volokh Conspiracy ? State Department Legal Adviser Harold ...

The Legal Adviser to the Department of State, Harold Koh, delivered the keynote address at a UVA Law School conference on issues of conflicts over sovereign equality on Friday morning. ?Notre Dame professor Roger Alford (who delivered a paper on the Lago Agrio Ecuador dispute at the conference) comments on Dean Koh?s speech at Opinio Juris.

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Perhaps the most interesting aspect of his discussion was his spirited defense against accusations of hypocrisy. To the question ?Why do you say things you don?t really believe?? he offered several replies.

First, he does no such thing. As he has said elsewhere, ?I never say anything I don?t believe?. [I]f you hear me say something you can be absolutely sure that I believe it.?

Second, take what he says in context. He is not speaking as an academic. When he speaks as a Legal Adviser he does so as an advocate. The United States government is the client and he is speaking on behalf of that client. Just as a criminal lawyer will often change roles and serve as a prosecutor, defense counsel, judge, or academic, so too must an international lawyer recognize the different roles that he plays and speak accordingly. Moreover, a U.S. government lawyer must speak with due consideration of what has been said in the past and with due regard for the legal opinions of other lawyers in other U.S. agencies.

Third, sometimes his views have changed. ?If there is anything inconsistent between what I said in a footnote when I was 29 and what I said now, then believe me now.? The specific example he gave was about congressional legislation. He said that in the past he often wrote with the assumption that Congress could pass statutes. But having served in Washington long enough he has come to accept that often legislation is simply not an option.

He did not contextualize that comment, so for now one can only speculate as to what he meant. My best guess?and it is only a guess?would be that many of his views about congressional acquiescence to the executive branch articulated in his well-known book The National Security Constitution (published in 1985 when he was 31) are no longer his current views. I say that because the sharpest divergence between Koh the academic and Koh the Legal Adviser comes in the Libya context with respect to the definition of ?hostilities? in the War Powers Resolution.

You can judge for yourself whether those replies are persuasive. I personally am sympathetic to all three. I have no way to judge the first, but I have no reason to doubt it either.

?

Like Alford, I am sympathetic to all three and have no reason to doubt the first; his blog post goes on to other important observations. ?But I want to add a comment on the question of where this notion that one speaks differently when one is in government than when one is purely an academic arises. ?In Dean? Koh?s speech, and in Professor Alford?s comment, the locus is the lawyer-client relationship. ?Harold Koh is an advocate and, as he said in his UVA remarks (I was also in attendance), that distinct role sometimes means that he must accept that his clients will go for the ?lawful but awful? alternative. ?Moreover, there is a complicated question as to the hierarchy of legal advice ? again, as he stressed, he is the Legal Adviser to DOS, but that makes him a very important lawyer amidst a group of also very important lawyers, including the DOD general counsel, the CIA general counsel, and many others ? just in the national security field.

I am, as I indicated, very sympathetic to the position of the government lawyer or, really, policy-maker who must work to a position that is not entirely one?s own and must reflect other people?s views ? and yet in the end be supported as the ?position? of the administration. ?That is hard for academics to swallow, as reactions to Harold Koh?s positions have sometimes shown; but, at the end of day, we academics live in David Lodge novels and have all the authority of the kibitzer. I of course include myself in that assessment.

One reason that the sense of betrayal and hypocrisy over positions that Harold Koh has taken as Legal Adviser has been so acute in some quarters, I believe, is that the academics indeed think of it as being a function of the lawyer-client relationship. ?It?s a relationship that academics embrace, in one sense, but in another do not respect it ? precisely because at bottom it seems somehow dishonest, insincere, and hypocritical even if a crucial aspect of an adversarial system. ?In the context of ?legal policy-making? in some loose sense rather than strictly part of the litigation system, it seems to be a bit of a dodge to reach conclusions at odds with one?s professorial declarations by reaching to advocacy for the client.

I don?t think this is the whole story, however. ?The obligations at issue are more than just those of the attorney-client. ?It is much more profoundly the obligations of a fiduciary ? and those fiduciary obligations encompass policy makers in government who have no duties as attorneys. ?One enters government at the senior policy-making role (including legal-policy of the kind that inevitably attaches to the general counsel positions, the senior DOJ and OLC positions, and others) as fiduciaries with a public trust. ?It is democratically and constitutionally established by the election of the administration to which one belongs ? and one is no longer a free agent, intellectually or politically.

One has to operate within the overall policies of this administration ? and very often within the traditions, customary interpretations, formal and informal procedures, precedents, and prior decisions and understandings of the department and office. ?This is not because it is legally binding strictly, because it might have nothing to do with ?law? as such or ?legal advice,? but because one is stepping into the shoes of, as Harold Koh once put it in remarking on his own office, a long line of predecessors upon whom others have relied. ?The importance of fitting one?s own work within the long-run of the agency or department?s practices and judgments increases the legitimacy and trust that the public has in government; there are exceptions that require sharp breaks from the past, but the default position is that one operates as a fiduciary that looks to the past, sometimes long past, to the present administration and its decision-making, and to the preservation of the legitimacy of the office to the future and future administrations.

That is the obligation of a fiduciary ? and it is far beyond the often merely instrumental obligations of the attorney-client relationship to advocate on a client?s behalf. ?I have been impressed with Harold Koh?s concern to express that understanding of the role of senior government policy makers and lawyers. ?I think he?s right about that, and right to emphasize it as a matter of good faith. ?I hope that this understanding will carry over to future administrations, as well, of either party: it is part of the essential long-term coherence and legitimacy that makes democratic governance possible. ?But it is far beyond the attorney-client relationship alone. It is a special form of agency, the agency of a fiduciary in a position of political authority.

Source: http://volokh.com/2012/02/11/state-department-legal-adviser-harold-kohs-remarks-at-university-of-virginia-law-school/

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