Month: August 2017

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50 Things That Made the Modern Economy - Market Research

US car makers had it good. As quickly as they could manufacture cars, people bought them. By 1914, that was changing. In higher price brackets, especially, purchasers and dealerships were becoming choosier. One commentator warned that the retailers could no longer sell what their own judgement dictated – they must sell what the consumer wanted. That commentator was Charles Coolidge Parlin, widely recognised as the man who invented the very idea of market research. The invention of market research marks an early step in a broader shift from a “producer-led” to “consumer-led” approach to business – from making something then trying to persuade people to buy it, to trying to find out what people might buy and then making it. One century later, the market research profession is huge: in the United States alone, it employs around half a million people. Producer: Ben Crighton Editors: Richard Knight and Richard Vadon (Image: Market research, Credit: Bildagentur Zoonar GmbH/Shutterstock)
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Stuff They Don't Want You To Know - It’s Our Lucky Day, With Archer’s Dr. Krieger

Join the guys as they hang out with Lucky Yates, the prolific actor and voice of Dr. Krieger of FX's Archer, to explore everything from the frightening future of biotechnology to the (alleged) resurrection of the dodo and more.

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The Gist - The Year MTV Took Over the Charts

In 1982, MTV started guiding Billboard’s taste in music. The year was filled with elaborate videos and cheesy ballads. Chris Molanphy takes us through all the hand claps and synth vibes of that year’s Billboard hits. Molanphy writes Slate’s Why Is This Song No. 1 column and hosts the podcast Hit Parade. 

In the Spiel: The last time anything good happened to Donald Trump. 

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CrowdScience - Sydney Science Festival, Australia

CrowdScience heads to the Sydney Science Festival in Australia where, from a special event at The Powerhouse Museum, we reveal answers to questions listeners have been sending in such as: What living thing has the most toxic venom? What is déjà vu? And why do our fingers wrinkle in the bath? To tackle our listeners’ questions about life, Earth and the universe, presenter Marnie Chesterton is joined by four special guests who will bring the good, weird and bemusing from the world of science to the stage.

Prof Shari Forbes, Professor in Forensic Science at the University of Technology Sydney,aims to help police and forensic teams establish a more precise time of death in missing person and homicide cases.

Dr Katie Mack is an astrophysicist at the University of Melbourne. Her work focuses on finding new ways to learn about the early universe and fundamental physics using astronomical observations.

Dr Jonathan Webb runs the science unit at ABC RN. He is also a former neuroscientist and a former science reporter for BBC News in London.

Dr Alice Williamson is a chemistry lecturer and researcher at The University of Sydney. She hosts a weekly science segment, Up and Atom on FBi Radio in Sydney, co-hosts RN’s Dear Science, and is a regular guest on Dr Karl's Shirtloads of Science podcast.

Do you have a question we can turn into a programme? Email us at crowdscience@bbc.co.uk

Presenter: Marnie Chesterton Producer: Marijke Peter and Jen Whyntie

(Image: Koala in tree Credit: Getty Images)

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Motley Fool Money - All Roads Lead To Retail

It’s Retail-palooza! We dig into the latest results from Walmart, Target and Alibaba. Home Depot builds record profits, while Foot Locker and Dick’s Sporting Goods deliver minor league results. Plus, in the wake of the Chinese government cracking down on multi-level marketing firms we revisit our interview with Ted Braun, director of the Herbalife documentary "Betting On Zero."

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SCOTUScast - Kokesh v. Securities and Exchange Commission – Post-Decision SCOTUScast

On June 5, 2017, the Supreme Court decided Kokesh v. Securities and Exchange Commission. In 2009, the Securities and Exchange Commission (SEC) alleged that Charles Kokesh had violated various securities laws by concealing the misappropriation of roughly $35 million in various development ventures dating back as far as 1995. Since the 1970s, the SEC has ordered disgorgement in addition to monetary civil penalties in its enforcement proceedings. In effect, the violator must not only pay monetary civil penalties, but also “disgorge” the profit he or she gained by the unlawful action. Under 28 U. S. C. §2462, however, a five-year limitations period applies to “an action, suit or proceeding for the enforcement of any civil fine, penalty or forfeiture” when the SEC seeks monetary civil penalties. In Kokesh’s case, the District Court concluded that the five-year limitations period did not apply to disgorgement. The U.S. Court of Appeals for the Tenth Circuit affirmed, holding that disgorgement was neither a penalty nor a forfeiture within the meaning of section 2462. As a result Kokesh could be required to disgorge the full $35 million, with interest. -- By a vote of 9-0, the Supreme Court reversed the judgment of the Tenth Circuit. In an opinion delivered by Justice Sotomayor, a unanimous Court held that disgorgement, as it is applied in SEC enforcement proceedings, operates as a penalty under section 2462. Thus, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued. -- And now, to discuss the case, we have Janet Galeria, who is Senior Counsel for Litigation for the US Chamber Litigation Center at the US Chamber of Commerce.
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Opening Arguments - OA96: Understanding Charlottesville

Today's special episode devotes all three segments to the tragedy in Charlottesville, VA. First, the guys answer a question regarding the police declaration that the Unite the Right rally as an "unlawful gathering" right before the scheduled start time, illustrating the principles of time, place, and manner restrictions. During the main segment, Andrew breaks down the law of hate speech and also explains the charges filed against the individual who drove his car into the protestors. After that, Andrew answers another listener question, this one regarding Texas A&M's decision to cancel a "White Lives Matter" rally in light of the tragedy in Charlottesville. Finally, we end with an all-new Thomas Takes the Bar Exam Question #37 about the failure to timely pay on an installment contract.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew was a guest on Episode #15 of the Right to Reason podcast, arguing politics and whether your vote can be a message. Show Notes & Links
  1. Our discussion with Travis Wester regarding the Berkeley College Republicans lawsuit took place back in Opening Arguments Episode #73.  You might want to re-listen!
  2. This is a link to the Vox timeline of the events in Charlottesville.
  3. Here is Washington Post reporter Joe Heim's Twitter feed, showing a picture of the heavily armed "citizens" attending the rally.
  4. This is the preliminary injunction ruling on the motion filed by Jason Kessler, organizer of the "Unite the Right" rally.
  5. The key case setting forth the principles of time, place & manner restrictions is Ward v. Rock Against Racism 491 U.S. 781 (1989).
  6. The "fire in a crowded theater" case is Schenck v. U.S., 249 U.S. 47 (1919) -- give it a read and you'll understand (and appreciate!) why it is no longer good law.
  7. The modern rule on hate speech stems from Brandenberg v. Ohio, 395 U.S. 444 (1969).
  8. This is the DOJ's list of hate crimes laws.
  9. Virginia's second-degree murder statute is Code of VA § 18.2-32.
  10. You can read Texas A&M University's statement cancelling the "White Lives Matter" protest scheduled for Sept. 11 here.
  11. You can also check out Andrew's rockin' 1980s case, Sable Communications v. FCC, 492 U.S. 115 (1989).
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ And email us at openarguments@gmail.com  
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The Allusionist - 61. In Your Hand

“It’s sort of frozen body language; that’s what handwriting analysis is about.”

Since it caught on a couple of hundred years ago, graphology – analysing handwriting to deduce characteristics of the writer – has struggled to be taken seriously as a practice. But undoubtedly, there are things about ourselves that we can’t help but reveal in our handwriting. Graphologist Adam Brand explains the ‘pseudoscience/useful art’.

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