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22.09.2013
Protein intake has been a source of much controversy among medical doctors, registered dieticians, nutritionists, scientific researchers and, of course, all kinds of athletes. Athletes universally believe that high-protein diets increase performance and or muscle mass.
Conservative research studies are designed to figure out how much protein is needed to prevent deficiency. Numerous well - controlled research studies have been done to determine the exact amount of protein needed in athletes and weightlifters to achieve nitrogen balance. In Figure 1, different protein intakes were compared and the resulting nitrogen balances were reported. Many athletes are convinced that even higher levels of protein consumption beyond what Drs. Lemon tends to agree in at least one case, and suggests that when using anabolic agents (i.e.
Athletic performance is dependent on many factors including skill level, conditioning, and team or individual strategies. The bottom line is that it appears better to over-eat than to under-eat protein when someone's trying to add muscle mass while keeping body fat off. However, while protein is not a great pre-game meal, athletes usually follow year-round intense training programs. During dieting, this may enhance calorie expenditure and therefore the rate of fat loss [Blacklevin et al. In addition to the calorie burning effects of protein, higher protein intakes can increase the release of the hormone glucagon from the pancreas [Guntiak et al. So again, higher protein intakes may lead to losses in body fat due to the thermogenic effects as well as the hormonal effects of eating protein. Additionally, in applicable human studies, protein and branched-chain amino acid supplements have been shown to increase the IGF-1 response to eating and to exercise [Kraemer et al.
Finally, increasing the percentage of protein in the diet while decreasing the percentage of carbohydrates and fats may have some real health advantages. We have data showing that increasing protein intake from about 10 to 20% while decreasing carbohydrate intake from 55 to 45% (with fats kept constant at 35%) can lead to favorable changes in blood lipids. In the previous section I suggested that not only a high protein intake, but also an excess protein intake might have some benefit to those interested in changing body composition and decreasing cardiovascular disease risks.
Why are nutritionists recommending high carbohydrate diets when research has demonstrated that replacing some dietary carbohydrates with protein can lead to favorable blood lipid profiles? As the protein intake increased, Dr Wolfe made sure that the fat content of the diet stayed the same (25-35% fat) while the carbohydrate content was reduced (from about 63% to about 48%). The exact magnitude of the changes was pretty large as in one particular study, the bad fats like LDL cholesterol decreased by between 6% and 9%, while the good fats like HDL cholesterol increased by between 12% and 17% [Wolfe, 1995]. Another interesting effect of the protein increase in these studies was that the satiety levels of subjects tended to be higher with the high protein diet. Past research has revealed that high protein intake was associated with increased calcium loss in the urine.
Although studies have been published showing that in individuals with unhealthy kidneys, an excessive protein intake could place undue strain on their kidneys, healthy individuals have little to worry about with high protein diets. A few original studies demonstrated that when protein intake was raised to 140-225g per day, excess calcium was lost from the urine at a faster rate than normal [Hegsted et al.
Athletes and nutritionists have been arguing for years about whether or not protein supplements are necessary. Most athletes and nutritionists will certainly agree that protein intake should come from a variety of sources. But, typically athletes choose protein sources that are convenient and require minimal preparation (there goes the chicken, beef and eggs). In addition, food protein sources chosen for convenience may be missing certain amino acids necessary for growth and repair.
Protein supplements often contain very high quality protein that requires no meal planning short of remembering to grab your protein packet or protein bar on the way out the door. As you can see, protein supplements, while slightly more expensive in some cases, are not substantially more expensive than whole food sources when compared per 40g of protein.
Finally, another advantage of supplemental protein sources is that they are manufactured to be digested faster than whole protein sources. The BV score gives us an indication of how much of the protein eaten remains in the body (the rest is excreted via sweat, urine, feces).
Wheat protein is known to be a poor quality protein due to the fact that its limiting essential amino acid is lysine.
Due to the high quality protein in animal sources, researchers have examined whether animal protein is better for getting stronger, gaining mass and losing fat than vegetarian protein.
25% of users get gas and bloating from cheap whey protein concentrate caused by the naturally occurring lactose. Since meat is a good source of high quality protein, vitamins, and minerals, it's no surprise that most athletes and gym rats eat a lot of meat.
As you can see from Table 3, whey and casein make up at least 90% of the total cow's milk protein content.
3) Cross flow micro (CFM) filtration methods have been developed in order to prevent the problems seen with ion exchange proteins.
Proteins like whey and casein can be hydrolyzed (broken into smaller pieces) by enzymes that produce small chains of amino acids called peptides.
The gastrointestinal tract prefers peptides to whole proteins or amino acids; hydrolyzed proteins are more easily broken down and absorbed into the blood stream than whole protein sources [Ziemlanski et al. After training (whether aerobic or anaerobic), the body is primed for nutrient uptake into the muscle cells.
Contain branched-chain amino acids that may be independent stimulators of protein synthesis. Hydrolyzed proteins have a higher BV score than concentrates or other protein preparations [Ziemlanski et al. While whey and casein may have different bioactive peptides, they also have major physical differences.
When the effects of whey and casein were all calculated and the net protein synthesis or breakdown was measured, you can see from the Figure 3 that, after 120 minutes, there were no major differences in protein balance (the balance of protein synthesis and protein breakdown) between the groups.
The rate of digestion of your protein has some pretty interesting effects on protein balance in the body. Weight trainers who eat every 2-3 hours probably won't see a difference between the two types of protein. In 2000, a study was published by Demling and DeSanti comparing body composition and strength changes in dieting overweight police officers supplementing their diets with 75 g of either a milk protein blend containing mostly casein or a whey only protein blend. These are amazing differences and follow-up results showed that casein supplementation lead to the recovery of lean mass and muscle function twice as fast as whey supplementation [Demling and DeSanti, 1998]. Certainly a combination of whey and casein may offer the anabolic and anti-catabolic benefits of both proteins, as well as, all the bioactive peptides of both.
It makes sense to categorize protein sources into two groups; the slow proteins and the fast proteins.
Fast proteins would be proteins like whey isolate or concentrate as well as most protein hydrolysates (including casein, whey, etc).
Both endurance and strength athletes need more protein than recommended by most nutritionists and the RDA. In order to meet their protein requirements for the day, people need to consume a good amount of high quality protein during every meal. They provide a very quick and easy source of protein that is comparable in price to other whole protein sources.
Supplemental proteins today are mainly milk derived protein sources including milk protein isolates, whey protein isolates, and casein. New protein technologies are emerging and showing promise in increasing athletic performance, changing body composition, and improving overall health. In addition, he is also a well-published author, contributing to textbooks and scientific journals as well as to several bodybuilding and fitness-related newsletters and publications. Since the majority of calories on a ketogenic diet will come from dietary fats, choices should be made with digestive tolerance in mind. Saturated and monounsaturated fats such as butter, macadamia nuts, coconut oil, avocado and egg yolks are tolerated more easily by most people, and since they are more chemically stable, they are less inflammatory.
Berries (blueberries, strawberries, raspberries) can be enjoyed occasionally in small amounts, as they are the lowest in carbohydrate. Spices do have carbs, so be sure to count them if they are added to meals made using this low carb food list. I've been covering technology in fitness, fashion and health over the last 5 months and I really hope you enjoy these trend reports. Like I say in the video, we're picking 3 winners per prize category, so you have an excellent chance of winning. In all aspects of life, I'm drawn to women who take a stand on issues, don't care about being labeled a freak and just come out and say whatever it is they feel needs to be said. Even when I'm home alone and hungry, I can cook a HelloFresh meal and save the 2nd portion for my lunch or dinner the next day. The concept of the beautifully captured campaign was that an exciting adventure could be as close as your backyard.
Every trainer I got was just going through the motions, fully knowing I'd disappear on him or her once my free sessions were up. The day I went to film at KryoLife, owned and operated by Joanna Fryben,  I was actually feeling significant shoulder pain. Cryotherapy is hailed as a cure-all and people are using it to get rid of all kinds of things like acne, cellulite, unwanted weight, inflammation, depression, libido problems, and body injuries. To be perfectly honest, the TomTom Spark Cardio + Music frustrated me at first because therea€™s a bit of set up involved. I refer to my life as a juggling act because there are so many facets of what I do that need to be in constant motion. In fact, I have more than a few waist trainers that I've been using for over a year since becoming curious about the waist training trend. As a Latina (my mother is Honduran), I'm feeling the need to spice up Thanksgiving with some Latin peppers. What follows are my favorite photographs from the day I conquered my fears with the Special Olympics of Missouri.
You might think that living in downtown Manhattan, I already see it all when it comes to high style. If you haven't been to any of Serene Social's wellness events yet, you're missing out and should definitely go to the one happening tomorrow in NYC at the launch of New York's Fashion Week. I will be there and looking forward to some heart opening rooftop yoga atop the James Hotel in Soho.
So here's my Flat Stanley Skincare Secret: I seek out skincare that's packaged flat and in single servings. One of the best parts of going on a road trip adventure is everything that you see along your drive. This trip will take us to some pretty amazing places where nature makes you feel empowered and free. Barre classes first came about in a big way in the 1950's on account of ballerina Lotte Berk.
Barre fitness is all about using small movements to work trouble spots and tone every inch of your body by working multiple muscles in unison.
It beats being ohm-ing indoors, especially with the cool breeze off the harbor blowing through your hair. Earlier this summer, I spent one of the most amazing and healthiest travel weekends of my life at the Four Seasons Baltimore. I first saw a pair of Vira Suns on my yoga-instructor-friend, Lauren Imparato, during a yoga class in the middle of Times Square.
What sets this year's event apart from the last few, aside from the bearably cooler weather, was yoga-preneur Lauren Imparato leading the highly publicized morning class. After years of dealing with this issue called a€?sleevage,a€? Ia€™ve concluded that most bras Ia€™ve worn are actually the real culprits. Before you give a listen though, I want to share my thoughts on what Katya Meyers is doing. I got in touch with the designer, Geneva Peschka from SunandDaughtersCo on Etsy, to find out more about the inspiration behind the shirt.
Geneva bravely decided to act on the lessons she learned through these books and noticed her life change drastically for the better. The new Lotus Print collection by adidas Originals is urban, striking and feminine in a cool, unapologetic way.
If you're a Zumba fanatic, you should know that the cruise doesn't set sail for another 7 months from Fort Lauderdale, Florida but at least you have some time to plan, right? And just in case you stop dancing to see where the hell you're going, the cruise will be sailing to Falmouth, Jamaica with a stop in Labadee, Haiti for a private live concert featuring the hottest Caribbean artists.
While the entire Team SCA crew was not on board, 2 of its sailors were there to answer all my questions.
Their sail, while impressive in it's own right, represents something far greater for women.
From your clothes to accessories and gadgets, don't take a risk by wearing it for the first time on race day!
FOR an exclusive womena€™s fitness class combining Surfset Fitness (the NEW surf-fitness trend) and Real Ryder Spinning (35 minutes of each). I picked out some rather loud styles for our shoot but once I got comfortable in them, I had no qualms wearing them "off-set". Short girls are always getting brainwashed into thinking we can't pull off more eccentric looks or fashion trends that taller girls can get away with.
Leave a comment below telling me which fitness myth gets under your skin and why it's soooo untrue.
If there's something you should know about me it's that I avoid tourist traps at all costs! For the sake of being accurate, let's call these dangerous deodorants what they really are, which is antiperspirants. It's totally blowing my mind but at the same time I keep asking myself: why should this feel surreal? I typically only share my press features on my press page, but today I'm expecially THANKFUL because this issue of People Style Watch marks the 12th time I've been quoted in their magazine. One of the most classic New Year's resolutions is to start going to the gym more, which is exactly why gyms start hiking up their enrollment fees around this time. I was there to buy an assortment of chocolates for my Aunt as a combined birthday and Valentine's Day gift.
I make yoga dates with my girlfriends constantly because I feel like I get the most quality time with them during this workout than any other.
This is Nicola Yvette, my longtime friend who teaches yoga & pilates (check her out here).
Last night we went on yoga date to Laughing Lotus Yoga NYC and it was pretty awesome to experience her energy and soulfulness right beside me. People dona€™t just show up to classa€¦they show up wearing designer sportswear and the latest in tracking accessories. If you're looking to visit NYC or take a staycation yourself, keep reading for details about the GIVEAWAY I'm offering with Dream Hotels. When I entered my room at the Dream Hotel Midtown, this was the first thing I saw: a framed picture of my 2 puggles, a bottle of champagne and a gluten-free birthday cake! Although this could just be a strong placebo effect, I think there may be some validity to these claims. Again, looking at Figure 1, it is evident that increased protein intakes above those needed to prevent deficiency will lead to a greater positive nitrogen status.
Certainly, lack of nourishment will decrease performance but eating an excess of protein, carbohydrate, or fat might not increase performance (unless you are a strength and power athlete). Excess protein calories are not as likely to be stored as body fat compared to carbs and most fats. Increasing protein intake from 11% to 23% can lead to very favorable changes in blood lipids and cardiovascular disease risk. More research on these topics is needed but until this research is done, the reports of hundreds of athletes, bodybuilders, and weightlifters have confirmed my speculation. Wolfe, a nutrition researcher at the University of Western Ontario, has been asking himself this very question for several years.
In addition, in this study, the ratio of plasma total cholesterol to HDL cholesterol (the lower the ratio the better) decreased by between 15% and 16%.
Because of this, some have theorized that extra protein break down could cause strain and therefore damage to the kidney. In this scenario, because the protein sources are limited, the athlete doesn't eat enough of them. If this happens, although the grams of protein eaten may seem to be adequate, there can be serious deficiencies in the diet. In addition, since these protein powders are often fortified with vitamins and minerals (two other components of a balanced diet that many athletes are lacking), they may provide an easy source of other nutrients necessary for optimal nutrition and growth. Nutritionists have claimed that protein supplements are very expensive relative to their protein content and that whole food sources are cheaper.
In addition to rapid digestion, a very high percentage of good protein powders are completely digested and absorbed due to the amino acid profiles of the supplements and the lack of lactose or fat. Two of the most common are biological value (BV) and the protein digestibility corrected amino acids score (PDCAAS). From these studies it has been concluded that an omnivorous diet containing protein from several sources including various meats, eggs, and dairy is superior to a vegetarian diet containing no meat and only a small amount of dairy and eggs. You will also see that Table 3 contains a listing of the peptides and proteins contained in both whey and casein. Many studies have shown that whey and casein proteins have different properties in the body [Shah 2000, Hambraeus et al.
They can contain as much as 70% to 80% percent protein, with small amounts of lactose and minimal fats. The slow delivery of casein will lead to a small but steady increase in blood amino acids over a long period of time. However, after 420 minutes, the casein group had a far more positive protein balance than the whey group and total synthesis was greater than total breakdown (see Figure 3).
In a study by Dangin, the authors wanted to measure protein balance differences between slow digesting proteins and fast digesting proteins, independent of whey vs.
A protein blend of milk protein isolates, whey isolates, and casein will probably offer the best possible combination whether dieting or trying to gain muscle.
Processing methods differ between companies and we believe that some products retain more functional peptides. Slow proteins would be whole food sources like cottage cheese, egg, beef, fish, chicken as well as supplemental protein powders containing milk and casein (isolates or concentrates). When waking up in the morning, your body has just been through a fast (6-9 hours for most people).
Before you lie down and enter dreamland, you should consider taking in a final meal in anticipation of the 6-8 hour fast ahead. This additional intake can increase metabolism relative to other nutrients, prevent insulin related fat gain, optimize anabolic hormone levels, and improve cardiovascular risk profiles. While possible with whole food sources only, this can become inconvenient from time to time.
As discussed, milk proteins have several very powerful peptides that do very interesting things in the body. In the future these proteins and others that we don't even know about may emerge as very effective anabolic, anti-catabolic, and performance enhancing aids.
Berardi serves as a nutrition and training consultant to numerous athletes including: Canadian Olympic-level skiers, US Olympic and NCAA track and field athletes, world-class endurance athletes, collegiate and professional football players, strength competitors, and bodybuilders.
It has given me the discipline that life success demands, and the determination to overcome obstacles. We are your personal trainer, your nutritionist,your supplement expert, your lifting partner, your support group. Most people cannot tolerate eating a large amount of vegetable oil, mayonnaise or even olive oil over time.
Choose organic or grass fed animal foods and organic eggs if possible to minimize bacteria, antibiotic and steroid hormone intake. Be aware that dairy proteins (whey and casein) are insulinogenic (meaning they cause an insulin spike) in the body, so if you having trouble losing weight or getting into ketosis, limit amounts or avoid. Cashews, pistachios and chestnuts are higher in carb, so track carefully to avoid going over carb limits. However, if there is a desire for something sweet, these are the recommended choices for sweeteners. The reason I find them so relevant is because by 2020, wearable technology alone with generate over 20 billion dollars in revenue. Last night I made HelloFresh's Carmelized Onion Burger but instead of fries, the recipe included a roasted cauliflower side. It was supposed to wet your appetite for personal training and help you ease into your new gym-life. People are investing more of their paycheck in health & wellness, and seem to be more committed to their workouts than ever. But if you want the benefits of the treatment, it's worth enduring the very looooong 3 minutes. So I was genuinely hoping to reap the benefits of whole body cryo and report back to you on how quickly it worked.
Most of the ones Ia€™ve purchased or have been sent to review bite the dust in my gadget drawer at Mizzfit Headquarters.
I have what seems like a billion projects going on at once, and if I ignore one of thema€”well, you know what happensa€”the balls, the chainsaws and flaming sticks come toppling down on you and scatter. Like many of you, I saw Kim Kardashian's selfie that she took in her trainer and wondered what's this? One of my recipes is an appetizer and the other is a side dish to accompany your turkey dinner. Look for them in the canned and jar food aisle where you'd find things like stewed tomatoes, pasta sauces, etc. I'm pretty sure it was a combination of the perm's harsh chemicals (it was the early 90's afterall) and my onset of puberty. There's an amazing event called Over The Edge that happens nationwide through the Special Olympics, and I decided to do it in St.
In addition to raising awareness for this extraordinary event, I raised money to support it.
To some extent that's true because of the amazing and innovative fashion sense people have here. Serene Social has teamed up with Lululemon and Suja for this gathering to kick off the calamity of fashion energy that's about to overtake the city. By the time his photographs started getting noticed through social media, it was already a passion project.
I've talked a lot about Haute Athletics this summer and love that they carry stuff you won't find elsewhere.
Since there are women rockin' this style and attitude in their everyday clothing, clearly there should be activewear that expresses the same vibe!
Her prodigees went on to turn barre fitness into a successful business of popular, packed classes.
Quite honestly, I felt like I was hiding out, as if I had taken off for an exotic and faraway retreat.
But the real highlight was scoring my room at the Four Seasons for their celebration of Global Wellness Day, which was served up as a full week of fit & healthy activities. Men don't like to be kept in the dark, because they know whatever you give them they'll have to top when it's time to shop for you. I knew this year for Father's Day I was going to give my dad a travel bag that would help him do this.
Here's the link again on Lucy's Blog :)]]>On June 21st, Athleta was the headlining sponsor of Solstice in Times Square put on by Times Square Alliance for it's 13th year. When Katya first reached out to me and shared a bit of her life with me, I was really impressed with her background and how she left a traditional career path to pursue an endeavor her heart was stuck on (racing). She told me that over the last few years she's been doing a lot of self work and stumbled across Spirit Junkie by Gabrielle Bernstein.
During my little photoshoot in NYC's Meatpacking District, locals and tourists alike kept pointing out my gear to their group. She works out with me, attends my events and has modeled for print ads (like the one above which actually never ran) and in magazines with me. After writing about Team SCA and their amazing adventure racing around the world, I was invited on a press trip to sail with them. Just to clarify, the Volvo Ocean Race is ongoing and was in full effect while I was on this press trip, but a few crew members at a time are allowed to come off the boat for a leg of the race and rest up. As I write this, there are some incredibly athletic and brave women sailing around the world as part of Team SCA.
It stops in nine countries around the world before finishing in Gothenburg, Sweden this June of 2015. Test everything you plan on wearing for the official half marathon race day during your last few training runs.
Now that crazy party church is home to David Barton Gym and LimeLight shops where health and fashion are king and "queen" (it's in Chelsea, so I had to). And if anyone has ever told you that knee highs only look good on girls with skinny legs, well, that's just NOT TRUE. Personally, I just think it's a matter of choosing a pattern, color or length that best suit your legs.
I like to uncover the healthiest and most active things going on in the places I travel to, and I always prefer to go off the beaten path. As I get older, I find I need to do more to preserve the firmness, the lift and glow factor of my skin. I'm feeling really grateful for 2.5 years of working with them to report on the hottest fitness trends happening nation-wide. To be honest, I have more health goals than I can count on 5 sets of hands, so I'll keep it short and sweet.
Since she's a fashion designer, I knew she'd love chocolates from the most stylish and talked about chocolatier in town (the owners used to work at Per Se). As a fitness trend expert, Ia€™m thrilled to see this movement thrive, but I go crazy when I cana€™t sign up for a class because it's completely SOLD OUT! To others, it's just the day after Halloween -- a day they forget was once merely All Hallows Eve. First, the high protein intakes could lead to a strong positive nitrogen status which, when combined with rigorous strength training, may potentiate the growth process. Eating enough total calories is important as well, because protein needs are affected by many factors including: the type of training that you do (endurance vs. I certainly believe it's a distinct possibility that some supplements require a protein intake beyond current recommendations to exert noticeable effects. Although at these high levels of protein intake, both total body protein synthesis and protein breakdown are increased, the amount of protein that stays in the body is usually higher at the higher protein intakes (up to a point). He believes that a ceiling may exist that prevents more muscle gain when eating above this level [Lemon, 2000]. The research is unclear whether more protein may further produce muscle gains, however, anabolic steroids theoretically increase nitrogen retention and, therefore, protein requirements.
Studies examining whether very high protein intakes can enhance a variety of athletic performance have not been promising [Lemon, 2000]. This is because the metabolism and processing of protein is energy costly endeavor in that it's more thermogenic and activates hormones that help with fat loss [Lonnie Lowery, PhD.
In fact where normal diets are consumed, it is only significant (5-15% of total calories burned) for long duration endurance training [Dohm et al. Therefore, from a recovery perspective, protein intake may be as important, or more so, to the athlete as the other macronutrients.
However, the metabolic increases seen when eating protein are double those seen when eating carbohydrates or fat. For the majority of athletes, since carbohydrates and fats are essential for athletic performance, I would not recommend decreasing either in favor of more protein [Len Piche, Ph.D, RD. In three separate studies, Dr Wolfe has shown that when increasing protein intake from about 11% of the diet to about 23% of the diet, blood markers associated with heart disease took a turn for the better [Wolfe and Piche, 1999, Wolfe, 1995, Wolfe and Giovannetti, 1991].
From the research, though, there is no data (in healthy rats or in healthy humans) that support such theories. However, in these studies, calcium intake as well as phosphorus intake was restricted and not allowed to increase in proportion to the protein intake. The consumption of a limited variety of any macronutrient (protein, carbohydrates, or fats) or micronutrient (vitamins or minerals) can lead to nutritional deficiencies. Today many supplemental proteins are also partially hydrolyzed (broken down) when processed.


Therefore, this measure of protein quality examines the essential amino acid content of the protein in question and compares it against the human requirement for essential amino acids. Other protein sources like beans, grains, and peanuts can be eaten but are usually insufficient to provide the body with the amino acids necessary for growth. While some of their ideas can't be totally dismissed, their blanket statements against meat consumption are misguided.
Campbell, a nutrition, exercise, and metabolism researcher from the University of Arkansas, has consistently shown that lacto-ovo vegetarian eating (dairy and eggs are allowed) can interfere with the positive body composition changes seen in meat-eating older weight trainers [Campbell et al. In addition, low tempature and low acid filtration ensures that about 90% - 96% of this protein is undenatured. However some of the isolation procedures (ion-exchange procedures) lead to a denaturation or a loss of the important peptides.
In fact, just like ion exchange proteins, this method produces an isolate that is greater than 90% protein with no fat or lactose.
This makes hydrolysis an ideal way to process protein as long as manufacturers are careful not to denature it.
In fact hydrolyzed proteins may be absorbed in about half the time that it takes free form amino acids or whole proteins.
Higher BV scores should translate to better processing and utilization of protein in the body. Both are definitely high quality protein sources with high PDCAAS and BV scores but what differs between the two proteins is their rate of digestion and absorption into the body [Mahe et al.
And these rapid rises in blood amino acids create a quick and short-lived increase in protein synthesis. And these powerful peptides can increase nitrogen retention and the shuttling of amino acids to lean rather than fat tissues [Robert H. During this overnight fast, the body has been using up its stored energy by slowly sending nutrients out from the liver, fat cells, and muscle cells.
Since studies have shown that an omnivorous diet is ideal for promoting positive training adaptations, lean meat sources of protein are ideal during the day. Whole food protein sources also contain creatine and other nutrients that may be beneficial to the athlete. Understanding that convenience is imperative in today's world -- I stress the need for protein supplements. At UWO, he is conducting exercise and nutritional supplement research with renowned exercise and nutrition researcher Dr.
His company, Science Link: Translating Research into Resultsa„?, specializes in providing integrated training, nutritional, and supplementation programs for high-level strength and endurance athletes.
We provide the technology, tools, andproducts you need to burn fat, build muscle, and become your best self. And this is a good thing, since vegetable oils are high in polyunsaturated Omega-6 fatty acids. Over time, it will become a habit to add a source of fat to each meal.Avoid hydrogenated fats such as margarine to minimize trans fats intake.
These are higher in inflammatory Omega 6 fats, so limit amounts, and dona€™t heat them.85-90% dark chocolate can be used in small amounts, or use Chocoperfection low carb chocolate. Avoid the starchy vegetables such as corn, peas, potatoes, sweet potatoes, and most winter squash as they are much higher in carbs. I also try to avoid products that have added whey protein because whey adds to the insulin spike.Heavy whipping creamFull fat sour cream (check labels for additives and fillers. Sea salt is preferred over commercial salt, which is usually cut with some form of powdered dextrose.
Yes, it's going through it's "boutique salon" stage right now, but people have been "floating" and even installing floating chambers in their homes for the last 20 years.
But seriously, it's hard to decide which one is my favorite prize because quite frankly, I own them all.
We often take for granted the wonderful parks and historical sights within the region we live in. A few years ago The New York Times reported that some women were studio-hopping, taking more than 1 class a day to get their fix.
It wasn't an overnight kind of relief, but the pain did completely go away about a day and half later.
I know youa€™ve probably heard of many fitness trackers already but this one is the tracker of all trackers. 8 years ago I left a career in corporate advertising to pursue my dream of reporting on health & fitness. Ita€™s risky business juggling a lot in your life, but for me personally, I live for the thrill! I reached out to Hourglass Angel (the most well-known waist training seller online) to see if I could try their products and, of course, come to my own conclusion. Again, not complaining as worse things have happened in my life, but as all wavy and curly-haired girls know, learning how to style curls is freakin' hard! Louis at The Arch so that Special Olympics athletes from my hometown can train, compete and enjoy a lifetime of their own thrills. BUT, I'm never as exposed to the world of fashion and the mind-blowing creations debuting on runways as I am during NYFW.
She presented her "Search Don't Rescue" collection, which really appealed to me because I'm a huge fan of monochromatic, flowy dresses and pairings. Graffiti Beasts leggings feature the art of real street artists whose art can be seen on the streets of Lisbon, Barcelona, Milan, New York City and many more cities across the world. Michelle Austin, founder of the Fluidity Barre, was one of her students among others like Exhale founder Fred Devito, who I interviewed HERE. You will most likely discover parts of your body that you never knew were possible to work out or even move. They have a wayfarer style (which is so classic that they're always IN) and they're made with polarized, UV400 protection lenses. If you set a level of expectation, they will ALWAYS look forward to your gifts and rave about them in conversation. Let me guess, you know how to break a sweat but you also look forward to showing off how well you clean up and glow like a pro. Check it out because I go into detail about why these skincare products should be in your summer gym bag STAT! This is the yearly event where yogis come together right smack in the middle of Times Square to celebrate the day the sun is at its highest position in the sky for the longest period of time. The tracker itself is a black shiny oval shaped piece that clips into a metal slip-on bracelet.
But what you're paying for is great technology, an app that doesn't baffle you but inspires you and a piece of jewelry that looks good with anything you wear. A really astounding young lady and go-getter herself, Katya Meyers, created the interview series to share what happens behind the scenes in the lives of successful health & wellness oriented professionals.
Spirit Junkie and the book A Return To Love by Marianne Williamson really helped open her mind and heart to all the amazing possibilities that can happen when someone chooses love over fear. If you know of a case that shoud be on this list, please add it to the comments section below with a direct link. It's a 5 day adventure and my sources are telling me that there will be 130 of the most famous Zumba instructors onboard including Beto Perez himself. I used to think of her as just my mom without fully worshipping everything she's accomplished.
They're competing in the Volvo Ocean Race, which is considered to be the toughest sailing race in the world. It's a long trip (9 months at sea!) and it's a tremendous challenge for these women, requiring massive teamwork and goal-setting. Of course, you have to train consistently, eat right and get plenty of sleep and hydration. I teamed up with Chrissy's and my bestie, Michelle from YoGoGirls, to bring you these playful and sporty looks. I'm 5'2" with muscular legs and I loved the way these Polka Dot Socks almost seemed to lengthen my legs. Aging lines, sun damage and sagging are major concerns of mine, and I'd like to do the most I can to prevent the visible aging process from coming on faster than it needs to. Because aluminum prevents our underarms from stinking by blocking sweat from escaping through our pores onto the surface of the skin. Since May of 2009, I've been on a mission to take everything I learned and experienced from my advertising career and turn into something truly positive that will help women embrace health & wellness.
I also wanted to take a moment to tell all of you that I'm always here to answer your questions about health & wellness so feel free to contact me.
Speaking of sweet, Valentine's Day reared its rosy head and lured me into a chocolate shop last week. As I admired the glossy bonbons (they're literally lacquered with a sugary coating and some are topped with edible gold leaf) my mouth was watering insatiably.
Yoga's the one activity where even though you're not talking, you're still connecting with each other while on your mats.
Some spend All Hallows recovering from the revelry of the night before, and some are still on the streets in the wee hours of the holy day. Any drugs or supplements that may have an impact on anabolism may require a higher protein intake [Tim Ziegenfuss, Ph.D. Since many athletes believe in the power of protein to increase muscle mass, more studies need to be done. Therefore a high protein intake may in fact be thermogenic and may lead to increased calorie burning and fat loss. The hormone insulin prevents fat loss from adipose (fat) tissue, but glucagon is responsible for reversing this effect [Yamauchi et al.
In fact, according to the data discussed earlier, high protein diets in athletes are just enough to get these individuals to nitrogen balance. Some rat studies have revealed that when rats were given an 80% protein diet for long periods of time, none of the rats showed any signs of kidney damage [Zaragoza et al. Recent studies have shown that higher protein intakes usually lead to a higher bone mineral content instead [Cooper et al. In fact, in an older study conducted with female rats, kidney function seemed to be improved with high protein diets [Sterck et al. Since whole-food proteins contain both calcium and phosphorous and even protein supplements are fortified with calcium and phosphorous, it only makes sense that increases in protein intake are typically accompanied by increased dietary calcium and phosphorous.
An illustration of the complexity and importance of protein and amino acid transport in the body is illustrated in Figure 2.
In addition, since many food sources contain other macronutrients, (carbohydrates and fats) if an individual is interested in increasing protein intake with a minimal increase in calories from other macronutrients, fat and carbohydrate-free protein powders are ideal.
Since a protein is only as good as it's weakest link, the amino acid that is lowest in the protein source then is termed the limiting amino acid. However, with high quality whey (like isolate, which is lactose free), these digestive nuisances greatly diminish. Therefore, ion exchange whey protein isolates may be higher in protein percentage but may not offer the same health and muscle building benefits as the lower protein whey concentrates. However, unlike ion exchange proteins, CFM proteins are at least 99% undenatured and retain all of the important peptides. Once hydrolyzed, these undenatured peptides have many benefits over and above whole protein sources.
This can lead to a more rapid delivery into the body, especially when it is needed most (like after weight training workouts). In addition, this increase in BV may increase the release of IGF-1, which, as mentioned earlier, can stimulate muscle growth [Adams 1998]. Studies show that after consuming whey protein, blood amino acids rise and then return to normal approximately 120 minutes after eating. So they compared a slow digesting casein protein to a fast digesting amino acid blend very similar to the composition of casein. The body does this in order to keep blood sugar constant and to fuel the brain and other tissues during sleep.
Since whey protein hydrolysates are the fastest to be digested and absorbed, these are pretty much the choice of protein for post workout recovery nutrition. This would be a great time for a slow protein since the slow proteins release their nutrients over several hours. USA bodybuilding champion, and a member of nationally ranked rugby and track and field teams. The Omega-6 fatty acids (found in nut oils, margarine, soybean oil, sunflower oil, safflower oil, corn oil, and canola oil) trigger inflammation within the body and they will make you sick if they are your only fat source. If you use vegetable oils (olive, canola, sunflower, safflower, soybean, flaxseed and sesame oils) choose "cold pressed." Keep cold pressed oils like almond and flaxseed refrigerated to avoid rancidity. If you have concerns about this, please note that I have done research in the medical literature and I have looked at the studies which have been offered on sucralose (Splenda).I have yet to find a gold standard, clinically controlled human study which shows conclusively that sucralose causes human health issues. The category continues to evolve and expand beyond the fitness tracker we're all familiar with. The prizes I pick for each Booya Fitness challenge are based on my favorite products and gear that I've personally test out for you.
I only ate half the bun and the wonderful part about the meal is that the portions are JUST RIGHT.
I already have enough gadgets and gizmos in my life that if I'm going to add something to the mix, it better do something spectacular.
Let's just say I ended up falling in love with waist training, which is something I really didn't expect. I made some amazing stopsa€”this one was my favoritea€”and had a lot of time to think along the way.
You essentially have to ask yourself whata€™s next in my lifea€¦what road will I take and where do I hope it will lead me? As a fitness trend expert, I never limit myself to just fitness events because EVERYTHING is fusing together these days. But yes, I have a FLAT approach to skincare that I want to share with you today that literally saves my life every time I travel.
Fact of my life: my toiletry bag + makeup bag + hair dryer and roundbrushes = most of the weight in my suitcase.
Ia€™m discovering new spots to work out, sharing my favorite places to unwind and scoring face-time with friends. Not only do they keep you from squinting but they'll save those precious eye corners of yours from sun damage.
The 2 pieces together are minimal and sleek in away that far out-styles FitBit, UP by Jawbone, Nike+ Fuelband and similar black band trackers.
The 2 metal bracelet finishes--Midnight Purple and Brushed Gold--blend exceptionally well with silver and gold tone jewelry. I'm honored to be a part of her series and my interview is LIVE and ready to be heard by clicking RIGHT HERE. My mom and I don't always agree on everything but she's been very supportive of my life choices and has taken great care of me throughout my life.
It's going to be a fun springtime evening social, if you will, and a great chance to check out the evolution of LimeLight! Come join our healthy party with cocktails from SkinnyGirl and Juice Press, and wine sorbet from Frosae Wine Sorbae, which is basically FROZEN WINE! So I've put a little something together with a posh studio that's new to the area called Core3 Fitness.
Hopefully they'll inspire you to get creative with something as simple and inexpensive as a pair of socks.
So, I did for a little bit but then over time I became empowered by how great my mid-30's felt. I can't perform magic tricks but I can wear Altchek MD's Daily Moisturizer made with SPF30, Ester C and Vitamin E.
The plus side is less sweat and stink but the downside is that antiperspirants prevent the human body from doing it's job, which is to rid itself of toxins. I thought I'd share with you what I've got on my desk today: the March issue of People Style Watch Magazine and my new favorite toy, a Ball Wide Mouth Mason Jar with a fruit infuser lid! It's one of the easiest invitations to extend because no one has time--including me--to workout and see their friends unless it's happening simultaneously. In this case, it's imperative that your mats are side by side so you can visually bond with your friend.
Our Case of the Week examines once such alleged citizen on the streets and the unfortunate lesson she learned about differing standards of legal review in a California appellate decision handed down last week.Let's Make a DealAngelique Bongiovanni found herself in the legal system in 2009, charged with possession of methamphetamine in two separate cases.
Basically the fewer calories you are eating, the more protein your body needs to stay in balance or to achieve positive status [Lemon, 1995]. However it only stands to reason that if muscle mass is increased due to long-term high protein intakes, athletes involved in strength and power sports will undoubtedly receive a benefit over time. As I said above, more protein is needed on a low calorie diet anyway; especially when working out.
The metabolic increase seen with eating protein is just about double that of eating carbohydrates or fats [Welle et al. In this scenario, the research has demonstrated that when taking in additional protein, there is actually a positive calcium balance and there are no adverse affects on bone calcium content [Hegsted et al. Also, any company that lists the percentages of each ingredient rather than a non-specific listing of the ingredients is probably a bit more honest about what they are giving you. But the consumption of lean meat seems to have many benefits, especially for weight trainers. The processing of milk can be done in several ways in order to separate out the casein and whey from the lactose, fat and other milk components. Also, the calcium content of CFM protein is high and this is an important consideration with high protein diets. Finally, studies have even shown that hydrolysates do not stimulate the release of the catabolic hormone cortisol whereas whole intact proteins do stimulate this catabolic hormone [Slag et al.
Although this does stimulate protein synthesis, it has no impact on slowing protein breakdown. Then they compared a fast digesting whey protein to a modified whey protein that had a slower digestion rate. In fact, the studies we discussed above showed that even after 7 hours, the subjects were still in a positive protein balance and still had a slow delivery of nutrients [Boirie et al.
This list is by no means comprehensive, so if there is a green vegetable you like that is not on this low carb food list, feel free to include it.
I don't like to propagate misinformation so I wait until there are definitive studies of negative effects before I condemn a product.
It's drastically changing these industries with more advanced fabrics, lighter and more funtional parts, more accurate tracking and motion sensors, and overall cooler customization. Whether it's my boyfriend coming over to cook with me, my mom visiting from Missouri or my best friend coming to spend the weekend with me to play in New York City, I literally ALWAYS have a meal in the fridge for 2 that only takes 30-45 minutes to whip up.
And can you blame them for not caring when they know new members are taking them for joyride? Since I'm the healthy one in my familia, they count on me to contribute an interesting veggie concoction that wows their taste buds. I caught the flu somewhere between rushing to shows and shaking hands with and hugging everyone.
I've been to a few of their events, but this year's New York Fashion Week 2015 showcase was one of my favorites.
Fashion is going sporty on NYFW catwalks and tech is catering more than ever to wellness conscious users.
Ia€™m doing it all in a 2015 Ford Explorer to celebrate Tri-State Forda€™s a€?Where To Now?a€? adventure and summer sweepstakes! My products have to be effective, easy to apply, fast working and light (on my shoulder, not just my face!). It's challenging, modern, music-oriented, and doesn't follow all the yoga rules you're used to.
Most people won't even notice you're wearing a tracker because it looks like a fancy bangle. The lotus flower is now bold, proud and sharp looking, which I personally think translates better to fitness and sport. I learned a lot from them about Team SCA's voyage, race conditions and day to day life at sea during this gorgeous afternoon spent sailing on the Hudson River. I've been running long distances since highschool and to this day I'm still discovering new tricks for a smoother run. Going to the Big Island this past February was my 3rd time back to the wonderous state and I used a new online travel guide service called Localfu to navigate my way around like a local.
Even my hunky Australian officemate who is the epitome of a guy's guy goes to SoulCycle and has a ClassPass acount. In a deal that would come back to haunt her on the day after Halloween, she made a plea bargain in one of the cases. High levels of blood or muscle protein don't immediately contribute to the energy needs of exercise modes. During overeating in an attempt to gain muscle, although higher protein intake may not be needed for positive nitrogen status, it's likely better to eat excess protein rather than carbohydrates or fats. Glucagon also does a nice job of decreasing the enzymes responsible for making fats and building up the fat stores in the liver and in the fat cells [Girard et al.
And, during overfeeding, it may lead to a smaller increase in fat mass relative to lean mass gains. Since IGF-1 can regulate the muscle growth [Adams 1998], I believe that a high protein intake may assist in muscular development. Mainstays of the diet should be protein sources like lean beef, eggs, low fat cheese, milk, fish, and chicken. Finally, if you ask, any good company will provide you with a certificate of analysis (COA) from the manufacturer of the protein itself telling you what the ingredients are [Alex Rogers. Regardless of the protein intake, vegetarians did not improve to the same degree that meat-eating trainees did. At this time, the best thing you can do for your body is to consume a relatively quick digesting protein source. However, there are polyunsaturated fats which are essential and these are the Omega 6 and Omega 3 fats. Use clean non-hydrogenated lard, beef tallow, coconut oil, ghee and olive oil for frying, since they have high smoke points.
In my opinion, eating sugar, honey and other nutritive sweeteners has negative blood sugar effects which far surpass those which might be associated with using a small amount of Splenda, or any other non-nutritive sweetener.Having said that, I will also say that I offer information on this low carb food list about Splenda, just as I do on the other sugar substitutes, because everyone is different.
As I get older, I realize how important it is to poke around and get the inside scoop instead of just taking things at face value. It's really amazing to see all the companies being born out of these kind of technological advancements.
It's been a whirlwind of a month but I'm finally back at Mizzfit headquarters blogging about all my exciting Fall adventures. Ia€™ve worked really hard to get where I am, but if you had asked me years ago whether Ia€™d be in the drivera€™s seat of my own business and reporting on womena€™s health, Ia€™d think you were nuts. I worry that I won't have what I need and as a frugalista, I don't want to buy what I already own while away from home. Most importantly they have to feel good on and revitalize my skin, whether Ia€™m running to a workout or freshening up right after one. It's simply amazing, so I was thrilled to see her join what has become a yogi cult favorite summer event. But when it comes to fitness--my area of expertise--there's no fooling me or anyone else for that matter. She told me to choose my deodorant wisely because many popular brands pose health risks, especially to women.
Check me out in Lacroix Sparkling Water's new campaign called "Start A Healthy Relationship", which can be seen on the Lacroix website and in several fitness & health publications like Oxygen Magazine. The results of these studies have demonstrated that both endurance and strength athletes often require more than double the protein of the average sedentary person (see Figure 1)]. Since overeating leads to both some muscle and some fat gain, eating more calories as protein may lead to more lean weight and smaller gains in fat weight. Since exercise is known to increase bone mass, a high protein diet coupled with exercise training leads to a net increase in bone mass despite any potential losses in calcium.
From all the data, it is clear that the addition of meat protein to a vegetarian diet can increase the gains in muscle and losses in fat seen with weight training.
One nice way to accomplish this would be to drink a small whey protein or hydrolysate shake immediately upon waking. Your intake of Omega 6 and Omega 3 types should be balanced, and you only need about a teaspoon a day. So I've whipped out a larger magnifying glass (aka camera and corresponding film team) and started doing a lot more poking around than usual.
I take a lot of criticism for being an outspoken Republican (I'm NOT anti-gay marriage or pro-life though), for wearing waist trainers and even for making a living off of social media. That being said, I was pretty excited to see which brands would be making their debut at TechStyleNYC! If you live on the West Coast, keep reading because I have details on an amazing fit event happening out there as well.
They either burnt out or broke after 1 drop and then it was back to the Apple store for a new one. Find out what's in store for you and please check out this Facebook Invitation (where I'd love for you to RSVP).
I want you to be informed on all the possibilities of fitness instead of believing bogus stories that discourage you. My aunt is no stranger to disease as a survivor of Melanoma tumors and having recently lost her beloved husband to Esophageal cancer, so I decided to take heed and do a little research of my own.
I got a jump on it and started a few months back because I didn’t want to put it off. However, maybe this was due to the short duration of the study rather than the inability of higher protein to increase muscle mass. Since vegetarian proteins (besides egg and dairy) may be deficient in certain essential amino acids, this may prevent muscle gain even when the total calculated protein intake seems adequate. Eating wild salmon, tuna and shellfish will provide balancing Omega 3 fatty acids and are important part of a low carb food list. Even if it doesn't (and if so, I'm jealous that you've mastered being a sane packer), I think this tip might come in handy. Many thanks to Altchek MD for all the attention and for making my skin look so great at 36 years old. I'm a hustler and a dreamer, which means I'm constantly working to grow my company and my career as a TV host. I found a winning combination in November and lost 20 pounds that month while working long hours and pigging out on Thanksgiving day. I try to offer both pros and cons for each sweetener, with the idea that readers will use the product that suits them best. People are always judging but that's OK, I enjoy the path less traveled if it sparks my curiosity.
Around the time I turned 12, my dad took me to get a "Mariah Carey" perm because I wanted Mariah's exact hair from her music video Someday. You'll eventually find yourself clicking on every square on his instagram profile much like I did.
Ia€™m a sleeveless-outfit-kind-of-girl and my issue is finding a bra that makes the area where my underarm and side boob meet look shapely. 1, 2009, Wendy Diaz lived with her husband and three children in a Los Angeles neighborhood with a gang problem.
If you don't like seafood, then consider taking small amounts of a fish or krill oil supplement for Omega 3s.
Be aware that whey protein is insulinogenic (meaning it causes an insulin spike) in the body, so if you having trouble losing weight or getting into ketosis, limit amounts or avoid whey. Ita€™s frustrating when you work out as much as I do to maintain an athletic physique, to look in the mirror and spot a bulge protruding from under your arm!
I discovered there's a lot out there in the world of iPhone cases, and with a brand new iPhone 6 on my hands, I began to test. Perhaps not unlike Chauncey and Wadsworth fighting over tee times, the proper procedure for shaking martinis, or the best way to train a polo pony, Ms.
If getting healthy and loosing weight interest you stick with me and I’ll share some tips with you to help you succeed in your resolutions. So I reached out to him to express my fandom and whadayaknow, he's the nicest guy on earth! Diaz ventured outside at approximately 1:00 in the morning of All Hallows to look for a friend parking on the street.
Bongiovanni approached her and called her an [expletive deleted] snitcher, adding, "You been [expletive deleted] snitching.""You and your family are coming down," Ms.
Bongiovanni stated allegedly, as she is said to have added for emphasis, "You [expletive deleted] rata," and "[expletive deleted] all biccicletas."To assist our readers in appreciating the full flavor of Ms.


Bongiovanni's supposed soliloquy, we should note that each deleted expletive is a version of the same slang word referring to an act of sexual intimacy. In addition, "rata" can refer to a Soviet fighter plane from the 1930s, plants from the Metrosideros genus in New Zealand, or rat in Spanish. Bongiovanni, California's Second District Court of Appeal noted biccicletas was also a term Columbus Street gang members used as a sign of disrespect (or "dissing" in gangspeak) when addressing the upstanding citizens of the Vincent Town gang.Ms. Diaz reported the incident to police the same day and gave law enforcement a description of the woman who threatened her. If that weren't enough, police said she also admitted she was a member.Winning 10-2?However, nifty tattoos notwithstanding, Ms. Then again, it was Halloween, and with her friend in that pumpkin costume, she probably got a lot of candy.
Diaz's testimony and police testimony citing various Columbus Street gang activities including murder, assaults, car theft, and narcotics distribution, the jury deadlocked, and it's vote was 10-2 in favor of acquitting Ms. The court declared a mistrial and thus granted prosecutors' motion to dismiss the charges pursuant to California Penal Code section 1385.So, it was time for Ms. She claimed the whole thing was a case of mistaken identity, and she argued the jury's 10-2 vote in her favor showed she hadn't done anything wrong.Most members of the jury may have believed her, but the judge wasn't buying it.
Bongiovanni to the slammer for a probation violation, the opinions of those 10 jurors didn't matter.You see, California probation violation determinations differ from a criminal trial in that the fact-finder in a probation violation hearing is the judge -- not a jury.
In addition, where in a criminal trial, the legal standard is proof beyond a reasonable doubt, in a probation violation hearing, the standard is only a preponderance of the evidence. In other words, there can be a fair amount of doubt as to whether you did it, but if the judge weighs the evidence, and there's more evidence indicating guilt rather than innocence, you lose.In Ms.
Bongiovanni's case, the judge noted the cops testified at trial that she was a member of the Columbus Street gang, a Columbus Street member was arrested in connection with the break-in at the Diaz home, and that Ms.
In the minds of 10 of 12 jurors, that wasn't enough to prove anything beyond a reasonable doubt. However, under the preponderance of the evidence standard, that's all the judge needed.In upholding the trial court's decision that Ms Bongiovanni violated her probation, California's Second District Court of Appeal wrote, "Appellant's argument that a jury vote of of 10-2 for acquittal supports her credibility is not persuasive because the fact finder in the probation violation hearing was the trial judge, not the jury. Because probation revocation differs substantially from criminal prosecution and the facts supporting the revocation need only be proved by a preponderance of the evidence, we find substantial evidence to support the trial court's finding that the appellant violated her probation."So, Ms. The moral of this week's Case of the Week: if you're on probation and walking around with a giant pumpkin on All Hallows, study legal standards of review before you go calling someone an [expletive deleted] Soviet fighter plane.
Known as Dave the Dwarf to his legions of little listeners and big fans on Tampa's 93.3 FLZ radio, Mr.
Patrick's Day festival, bar mitzvah, or Millard Fillmore Inauguration Day celebration, and Dave would let you engage in the time-honored tradition of dwarf tossing.That's right, you could put little Dave in a harness and toss him to your heart's content. Among the concerned populace was a public interest organization known as Little People of America, Inc. 28, 2001), that his due process rights were violated because the law failed to properly define those covered by the law, making the law unconstitutionally vague.
He argued also that the law violated his equal protection rights because the law treated him differently than others. Nowhere did the law ban dwarf tossing specifically.Dave the Dwarf argued dwarf tossing was good for his welfare because he made money doing it. While the regulators may have been out at the beach listening to Jimmy Buffet tunes and drinking margaritas, Dave the Dwarf could have been spending his days flying through the warm Florida breezes.So why is Florida State Rep.
Sara Lee, the makers of Ball Park Franks, and Kraft, the friendly folks bringing you the venerable Oscar Mayer wiener, both claim the other has disparaged its products in violation of federal and state law.Seriously though, we all read Upton Sinclair's The Jungle in school. Thus, everyone thinks hot dogs are comprised of animal parts swept up off the factory floor anyway. Sara Lee claimed non-beef ingredients comprised approximately 20 percent of an Oscar Meyer wiener.
Its O-S-C-A-R, and These days, its Ball Park and Hebrew National who are wishing they were an Oscar Mayer wiener. It looks like a rolling phallic sex toy designed to appeal to the prurient interest in violation of the U.S. California.Sara Lee argued that, by making these allegedly false claims in interstate commerce, Kraft violated section 43(a)(1)(B) of the Lanham Act. Section 43(a)(1)(B) prohibits false or misleading advertising or marketing that damages another's product.
Kraft argued the 100 percent beef was accurate because, although Oscar Mayer contained additives, beef was the only meat in Oscar Mayer.
In addition, Kraft argued Sara Lee mislead consumers with taste tests by professional chefs proclaiming that Ball Park was America's best franks.All jokes aside, the Wiener War in Sara Lee Corp.
From going to the slammer for failing to pay taxes on reality winnings to shooting sweet, innocent puppies with arrows, reality TV contestants have often been models of bad behavior. Our Case of the Week examines what happens when a reality show insinuates falsely that a woman tried to smuggle drugs into a jail via her vaginal cavity.Family DayMarlorita Battle was minding her own business visiting her husband, an inmate at the Riverbend Maximum Security Institution in Nashville, Tenn.
Battle began what might have been a pleasant visit with her husband and small child, the A&E cameras moved in, and agent Fisher said, "We've identified the female subject and inmate," as a mugshot of Ms. Battle visited the restroom, causing Agent Fisher to use his supposedly excellent cop skills to determine a crime was in progress. Not unlike the Keystone Kops, Agent Fisher and his bumbling band of merrymen swung into action."Hold on now, she's going to the bathroom," Agent Fisher says, adding, "Typically, these women hide stuff up their vaginal cavity [sic] and then go to the restroom to take it out. Now we are starting to get to the nitty gritty."The camera then shows the doors to the bathroom, triggering more amazingly astute analysis from Agent Fisherthis time its about the size of Ms. Battle, allegedly carrying something in her hand, proceeded to kiss her husband, A&E provided a crashing cymbal sound to enhance the reality TV drama, and Agent Fisher exclaimed, "Some [expletive deleted] just happened. Battle's husband from the dry cell, Agent Fisher called the incident a "false alarm," but he added more commentary during the closing credits of The Squad: Prison Police that would become significant in subsequent litigation. This is Courtweek, after allyou know someone's gonna get sued."If you are dirty, if you are smuggling in contraband, drugs, cellphones, tobacco, then we're going to catch you.
We might not get you today, maybe next week, next month, next year, but eventually, we're going to catch up with you, and we're gonna get you. District Judge Kevin Sharp wrote:"Even though the Program indicates that a search of Plaintiff revealed no drugs, a jury could conclude from the overall way that the Program is presented that Plaintiff was a drug smuggler who just happened not to get caught on September 12, 2009.
His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review.
Would the pungent aromas be trespassing onto your property?Believe it or not, the issue has been litigated, and, in this week's Case of the Week, we learn whether various airborne items--chemical particulate matter, sewage plant smells, and pig farm fumes--are trespassing when they waft onto your property.
As we'll discover, the courts disagree as well.Organic AirOluf and Debra Johnson had decided to get back to nature. They converted their Minnesota conventional family farm into an organic farm, hoping to achieve an organic food certification that would allow them to charge more for their farm fresh products.Soon the Johnsons were ready to enjoy their new organic Eden. Johnson posted signs around the property, letting everyone know that the Johnsons' new tree-hugging Utopia was a chemical-free zone.There was just one problem. The neighbors hadn't joined the eco-friendly bandwagon.The Johnsons may have embraced Mother Nature, but their next-door neighbor, the Paynesville Farmers Union Cooperative Oil Company, was still spraying away. Pesticides and herbicides drifted onto the Johnsons farm.Seeing the neighboring farm much like a chinchilla sanctuary might view a petrochemical plant as a neighbor, the Johnsons filed complaints in 1998, 2002, 2005, 2007, and 2008. The Minnesota Department of Agriculture cited Farmers Union four times for violating Minn.Stat. The facts leading to the court battle in Wendinger are every homeowner's worst nightmare.The Wendingers and the Forsts had been neighbors for years.
In a design sure to make anyone nauseous, liquid pig waste was stored in an outdoor concrete lagoon.
The pig poo was then pumped and spread on the fields each fall.As the scents from farmyard feces filled the ambient air, the Wendingers began to complain. The Minnesota Court of Appeals affirmed, holding that the Wendingers' claim was one for nuisance--not trespass--because the odors of which the Wendingers complained interfered with the use and enjoyment of their land, not with their exclusive possession of it.The trial court in Johnson used the Wendinger decision for the proposition that particulate matter traveling from one property to another could not constitute trespass. Basically, the court held pesticides are not pig fumes."Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. However, there are millions more who would rather spend a weekend in an Iranian torture chamber than listen to Ms. Costner's character had made a major contribution in the field of celebrity personal protection by serving as a U.S. Skokos, a security consultant for Celine Dion, applied to the United States Department of Homeland Security (DHS) for an EB-1 visa, and DHS rejected him. Apparently, DHS didnt think protecting the vocal cords that brought Beauty and the Beast to warm the hearts of little children was important enough.To see what an affront this might be to Ms. District Court for the District of Nevada agreed with DHS, holding for the government and rejecting an appeal filed by Mr. Skokos.In the legal equivalent of running the Titanic into an icebergwhile listening to Celine Dion sing about it as Leo and Kate flail in the frigid waters of the North Atlantic, Mr.
Dion constituted an original contribution of major significance to the field of bodyguarding.
In addition, the court held he failed to establish that he was paid more than most celebrity bodyguards.The court noted Mr. Skokos claimed he was far more than a bodyguard--he supervised guards, made security arrangements in the exotic destinations where Ms. Dion shot her mesmerizingly dramatic videos, and provided around-the-clock protection for Ms. Nevertheless, the court was unmoved that protecting the valuable Canadian export was sufficiently significant to get a visa.The court noted the high standard for granting an EB-1 visa, citing the case of Kazarian v. USCIS, where a physicist who had published articles, written a textbook, and lectured extensively didnt even qualify for an EB-1 visa because his work--although satisfying the criterion for authorship of scholarly articles--did not establish that his work was of major significance in the field of physics.But, is writing scholarly articles and lecturing on physics at universities really as important as ensuring the gaffer and the best boy don't snag Celine Dion's Perrier from the buffet table?Of course, some people have managed to prove they are important and accomplished enough to get an EB-1 visa. Skokos--he had won multiple championships, earned over a million dollars in prize money, and he had Jack Nicklaus, Lee Trevino, and Hale Irwin execute affidavits supporting his position.If only Mr. He berates participants, calls them names, and generally makes people wonder if his momma taught him any manners. But, one did, leaving us with the question: Does Simon Cowell's boorish behavior on American Idol violate Title VII of the Civil Rights of 1964?Effeminate Idol?In what some take as evidence of the decline of Western civilization, American Idol, the American spin-off of the British program, Pop Idol, has become one of the most successful shows on television. Contestants participate in singing competitions to win recording contracts, and the winners, including singers Kelly Clarkson and Carrie Underwood, have gone on to fame and fortune.Some of the contestants weren't as talented. These season-opening audition shows feature a few acts that will advance in the competition and a few acts that will come close. These contestants--possessing little or no talent--apparently appear to provide comedic material by making fools of themselves.
Apparently, Ian Bernardo was one of these comedic contestants for the 2006-2007 season.Not surprisingly, Mr. Bernardo--who described himself as "having a non-conforming appearance based on gender stereotype," which a U.S.
District Court interpreted to mean that "he appears to conform to a stereotype of an effeminate homosexual male"--did make subsequent appearances on the show for the 2006-2007 season finale and for Simon Cowell's final appearance on the show in May 2010.The Courthouse AuditionClaiming he was an employee of American Idol Productions Inc. Bernardo claimed also that he was subject to discrimination and harassment due to his sex on each of his appearances. He claimed American Idol Productions employees told him to "gay it up" and that producers conditioned his appearance on Mr. Bernardo's willingness to be "outrageous, flamboyant, and really gay."Claiming he was also subject to epithets such as "fag" and "homo," Mr. He obtained a right to sue letter from the EEOC and sued American Idol Productions for violations of Title VII of the federal Civil Rights Act of 1964 and New York State law.American Idol Productions moved to dismiss the case, making several arguments. Although the court conceded that--if true--the conduct at the Simon Cowell farewell show would constitute a hostile work environment, the court rejected Mr. Bernardo's legal argument.Noting Title VII is not a civility code and that discrimination on the basis of homosexuality is not prohibited under Title VII, the court held Mr. Bernardo had not established that gender stereotyping, which is prohibited by Title VII, had so permeated the workplace so as to create a hostile work environment.The court went on to dismiss all Mr. Bernardo's claims, noting, "He, like everyone else with a modicum of talent (or less) who auditions for American Idol, chose to appear on a program that was famous for its judges' insulting behavior.
Benardo went on the air after being told what was expected of him, and he knew what to expect. Some cases may seem easy, but what if youre injured after being chased down a supermarket aisle by a charging dog owned by a store employee? Outlaw then heard the terrifying sound of dog claws on Penny Pinchers' floors as the possibly ferocious beast came charging down the aisle. Outlaw, who said she was extremely afraid of dogs, decided it was time for drastic evasive maneuvers.She ran down the aisle, made a turn, and sought refuge from her brutal foe. Outlaw exacerbated a previously existing hip injury, and decided to sue Penny Pinchers and Cindy Scott, the store manager who owned the attack dog.A Mississippi state court jury found for Ms. Scott kept Sophie behind the counter--not to protect customers, but so that no one would step on the little thing. Outlaw jumped on top of a freezer in mortal fear of a tiny weiner dog puppy.Given this fact pattern, Penny Pincher and Ms. Outlaw: Did the presence of the four-month-old Dachshund puppy create an unreasonably dangerous condition at Penny Pinchers that day?The court noted that the Mississippi Supreme Court had held that dogs are not dangerous per se.
Darnell, the court went on to hold that a premises does not have to be completely safe from any hazardonly reasonable safeand that the plaintiffs own actions can be a factor."We acknowledge Outlaw's extreme fear of dogs. The law of defamation can be complex, but a New York state court recently tried to sort out this weighty issue: What is a "dirtbag," and is the term defamatory?The issue arose after a man named William Schumacher penned comments that another man, John Acheson, was "the biggest dirtbag" he had ever met in his life. Acheson sued Schumacher before Westchester City Court in what, amusingly, could become a seminal case of black letter law.
The court surmised also that Schumacher may have believed Acheson to be "just a tad worse" than the other dirtbags he had known.The point the court was making was that -- in any case -- these statements would all be opinions. The court held it was opinion and threw out the case.)But don't take these court decisions as a license to spew any insult you please. When ESPN posted a photo of daredevil Evel Knievel and his wife with the caption, "Evel Knievel proves you're never too old to be a pimp," the Knievels sued the network for defamation. There was once a professor who reminded his students that the bubonic plague was all natural. Then they scraped up $12,000, opened an ice cream shop in an old Vermont gas station, and delivered dairy products in a station wagon.
Not only was the company known for its tasty ice cream with imaginative names, Ben & Jerry's became known as a leader in social and environmental activism. The growing company tried to promote world peace, and--from green dairy farms to recycled supplies--Ben & Jerry's made environmental stewardship a focal point of its operations. In 2000, Ben and Jerry sold the company to Unilever.Although they are now very rich dudes, Messrs. Some people didn't think it was natural enough.Dutch chocolateAlthough Amsterdam may be more famous for Rembrandt, the Rijksmuseum, and reefers, some people believe the Netherlands is also famous for Dutch chocolate. The process produces a light brown, very acidic powder.Dutch-process cocoa, on the other hand, is produced by cocoa nibs with a mild alkali solution to raise the pH and thus, lower the acidity. This process improves taste, color and solubility, but it also destroys many of the flavonols, which are believed to have health benefits. Ben & Jerrys agreed to remove the phrase, all natural, from any products containing alkanized cocoa. The only FDA guidance appears to be a distinction between natural and synthetic in the policy, but that definition in the Federal Register is qualified as meaning something that would not normally be expected to be in food. Surely, that characterization raises multiple linguistic and philosophical questions, not to mention factual questions," U.S. It seems he was having a bit of a problem with a beehive.City of McAllen Animal Control Officer Roberto Mata responded to the call, and upon arrival at the scene, Mr.
Corpus accompany him to the hive.So the two gentlemen entered Officer Mata's animal control vehicle, equipped with animal protection equipment.
Officer Mata donned protective gear and approached the hive of danger, but he instructed Mr. Then, the swashbuckling hero of animal protection began spraying the bees.Guess what happened next?Shockingly, the bees attacked. Corpus sued the city of McAllen, alleging Officer Mata's negligent operation of his city-owned vehicle cased serious injuries to Mr.
Corpus had a smart lawyer.You see, government entities are usually only liable in civil suits if they waive what lawyers call sovereign immunity, the government's immunity from legal actions.
Basically, you can sue the government only if the government says you can sue the government.One of the exceptions to sovereign immunity in Texas is for operation of motor vehicles. Corpus' lawyer could show Officer Mata was operating the animal control truck, then he would have a case under the exception to sovereign immunity.So just what does it take to be operating a motor vehicle?If you asked a bunch of convicted drunk drivers, they would probably tell you Officer Mata was operating the animal control truck.
That's because courts have held that, to be guilty of drunk driving, all one must do is sit in the drivers seat with the key in the ignition.Bud or Bees?For instance, in People v.
When he pulled up to the drive-up window in his van, he passed out--with his car running--and, giving new meaning to the phrase, "This Bud's for you," he had a can of Budweiser between his legs.
Oh yeah, he also had a cooler full of marijuana on the front seat.The legal story from the bad night at the Golden Arches wasn't so bad for Mr. Both a trial court and an intermediate state appellate court threw out the evidence against him, holding he was not operating his van at the time of the arrest and search.However, the Michigan Supreme Court reversed both courts and held Mr. Wood was operating the motor vehicle even though his van wasn't moving, and he had his foot on the brake.
Noting that his van was running and in drive, the state's high court held he was operating the vehicle because he had put the vehicle in motion, was still in control of it, and the vehicle still posed a danger to the public. Corpus was injured when the bees entered the cab of the truck where he happened to be sitting. If you're carrying contraband, don't drive through a small Southern town at 4:03 in the morning in an old Buick with a busted headlight. Little had approximately 10 tree air fresheners hanging from the rear-view mirror.Before we get to those pesky air fresheners, please allow us to defend the good people of Charlotte, North Carolina.
You're a fine city with an economy built on good barbecue and Bank of America overdraft fees, and--unlike Office Kallfetz--we don't think you're a bunch of druggies. Little moved to suppress the evidence, arguing the search was illegal, but a trial court denied the motion, holding that the stop and the search were lawful. Little appealed.Air Freshener JurisprudenceIn his appeal to the North Carolina Court of Appeals, the Tar Heel State's intermediate appellate court, Mr.
Little that the search was improper because the cornucopia of air fresheners did not provide reasonable suspicion for extending the stop until Rambo arrived.Unfortunately for Mr.
Hernandez, the North Carolina Court of Appeals held a stop was proper when it was based, at least in part, on Christmas tree air fresheners.In Hernandez, Trooper Jonathan Whitley of the North Carolina Highway Patrol stopped a vehicle when driver Jose Hernandez removed his seatbelt while still operating his vehicle. Hernandez's undoing."I noticed there were several of these Christmas trees, air fresheners in the vehicle. I noticed a strong odor coming from the vehicle," Trooper Whitley testified in defending his actions.Christmas tree air fresheners as a basis for detaining a motorists? Watts, the Massachusetts Appeals Court held reasonable suspicion could be based, in part, on the presence of fabric softener drier sheets.The federal courts have joined this attack on pleasant aromas as well.
West, the Tenth Circuit proclaimed, "The Tenth Circuit has consistently held that the scent of air freshener is properly considered as a factor in the probable cause analysis, and in the Eleventh Circuit held in United States v.
Edmonds, the Third Circuit upheld a trial court's refusal to believe a drug mule was a mere unsuspecting courier. And let's not even get started with deciphering the cryptic hieroglyphics known as the cable bill.But what if your employer hoisted a sign informing customers there would be a two-dollar charge for your services?
Until American went and messed up things, most skycaps earned most of their earnings from tips.As the airline industry faced significant financial problems, airlines began charging for many services that had been free. This a la carte fee system affected everything from headphones to handbags.Want to watch the in-flight movie? When a federal law preempts a state law on an issue, the federal statute has sole jurisdiction, and the state statute is preempted and nullified for purposes of that dispute.The District Court held for American on several grounds, but held for the skycaps on the preemption argument.
Thus, the claims under the Massachusetts tips law and for tortious interference were tried to a jury.Big TippersIt turned out the jury was a bunch of big tippers. The jury found for the skycaps in April 2008 and awarded damages in the amount of $2.00 to each skycap for every bag handled between Sept. 2005 and the verdict.Thus, the jury awarded the nine prevailing plaintiff skycaps approximately $333,000 in damages plus interest and attorney fees. Louis airport did not get to share in the bounty because--as a citizen of Missouri--he was not covered by the Massachusetts tip law.But, our story is not over. Circuit Court of Appeals handed down a decision bound to make Parisian tourists do a happy dance.The First Circuit reversed the district court and ruled for American in DiFiore v.
Edgar Hoover and the FBI out of our mothers underwear drawers, and seizure-hungry sheriffs out of our Chevys.Yet, as with anything, the Fourth Amendment is not absolute. Thus, if police have probable cause for a search, its not unreasonable, and the Fourth Amendment won't stop it. For readers who may be unfamiliar with the household appliance known as the bong, it is a water pipe--used by some to smoke marijuana.The speeding Mr. Smith was attempting to outduel a fellow motorist when police clocked him traveling 67 miles per hour in a 40 mile per hour zone.When police stopped the Smithmoblie, they noticed a bong and an open box of plastic sandwich bags in the car. However, when police misbehave, there is a judicial remedy known as suppression of the evidence. For those who never have time to watch Law and Order, that means the evidence is thrown out because the cops got it illegally.In this case, because the police failed to give Mr.
Smith moved to suppress evidence of the search.However, Massachusetts prosecutors argued the bong and Baggies sitting in the car in plain sight gave the police all the probable cause they needed to search the carMiranda or not.
In essence, the Commonwealth argued, it was the probable cause supplied by the bong and Baggiesnot the Mirandaless utterances of Mr. Smith that gave police the pot.Both a trial court and the Massachusetts Appeals Court, the commonwealths intermediate appellate court, rejected prosecutors' arguments and threw out the evidence--and thus, the case.
Citing Massachusetts case law, the court held that bongs and Baggies--and nothing more--do not give the police probably case for a search.Bong and Baggies LawThe Appeals Court distinguished Mr.
Smith's case from two previous Massachusetts Appeals Court decisions where bongs did lead to probable cause for a search: Commonwealth v. Unlike in Dolby and Correia, in Smith, there was neither marijuana smoke nor residue present in the bong.The Appeals Court said that distinction was critical. Garcia, the court held, the observation of two lawful items--the bong and the box of sandwich bags--did not supply probably cause.
The court articulated its rationale in Garcia:"The trooper's experience, coupled with his observation of an apparently empty baggie, is not enough to provide probable cause to conduct a warrantless search of the automobile.
To allow police officers, experienced in narcotics investigations, to conduct a warrantless search whenever they observe one of the above items, and nothing more, would permit random searches, which are condemned by the Fourth Amendment and the Declaration of Rights," the court said.So, Mr. Dalien in 2000, using saline implants.After a diet and exercise regimen caused her to lose weight, Ms. Dalien noticed some indentation and rippling on what was once her soft and supple upper left bosom.No problem.
Jackson went in again, removed the saline implants, and replaced them with gel implants.Turns out there was a problem. Dalien was not happy with her new gel bosoms, so under the surgical theory of more is more, Dr.
Dalien during 2005 and 2006.Blinding BungeeJust before all this happened, and--importantly for our story--unbeknownst to Ms. He retired in October 2006 after unsuccessful surgery.Citing her allegedly unsuccessful surgeries, Ms.
Dalien argued negligent medical malpractice in the botched boob job.In her second civil action, Ms. Jackson argued that the nondisclosure of his eye condition did not occur in trade or commerce and that any alleged professional malpractice or negligence was exempt from the CPA.Ms.
Dalien countered that the nondisclosure of the eye condition was, in fact, done in trade or commerce because Dr. Jackson solicited and retained patients by failing to disclose this condition.In siding with Dr. Jackson, Washington State's Court of Appeals cited the Evergreen State's jurisprudence on cow bone disclosure and the case of Michel v.
Mosquera-Lacy.In Michel, Mystie Michel sought treatment from Lucy Mosquera-Lacy, a periodontist employed by Bright Now! Mosquera-Lacy ran out of human bone, she finished the job with cow bone.Although the dentist claimed she merely finished up with cow bone--and that cow constituted no more than 10 percent of the graft--Ms. Michel said she now had a McImplant with the doctor having implanted a cow bone in her mouth.Whatever damages or urges to graze on her front lawn Ms. Michel may have experienced, her case wasn't actionable under the Consumer Protection Act, the Washington Supreme Court held, because the use of cow bone was not an entrepreneurial activity in trade or commerce."Michael failed to show that Dr. This is not actionable under the CPA," the court said.Bovine Bones and BungeesFollowing the Washington Supreme Court's holding in Michel, the Washington Court of Appeals held in Dalien v.
Jackson's nondisclosure of his eye condition was also an activity that fell outside the scope of Washington's Consumer Protection Act. Thus, the court declined to certify her class action, and it affirmed a trial court's dismissal of her case."As in Michel, Dalien has failed to show that Dr.
Jackson represented that he had better vision than his competitors or somehow relied on his vision to promote his business," Judge Russell Hartman wrote for the court.However, the court didn't say Ms.
Jackson's eye injury may have affected his ability to examine, diagnose, treat, or care for his patients, that question is actionable under the negligence theory, which Dalien is pursuing in her original lawsuit."The lesson of this week's Case of the Week? Buckley Jr., Walter Cronkite, and now Bait Car?As the old Sesame Street song said, it would appear that one of these things just doesn't belong here. They argue their show is real journalism, and--in an attempt to avoid producing evidence in a California court proceeding--they say their photographers are journalists.
In recognition of this creative legal argument, their case gets to be our Case of the Week.What is a Journalist?The proliferation of new media sources has created a novel question: Just what is a journalist? Must one possess government-issued press credentials, sending shivers down the spines of First Amendment advocates? Perhaps there should be a requirement that at least your Aunt Betsy actually read what you write?This question has taken on real legal significance as the U.S. These laws attempt to protect reporters and their confidential sources by shielding confidential information from disclosure to courts and third parties.Although there has been substantial progress, a federal shield law has not yet passed.
Old Media world?Many hipsters sipping lattes at Starbucks like to bash so-called Old Media.
As they iPad away their afternoons, bowing before the altar of New Media, they mock institutions such as The Wall Street Journal as the old media of their grandparents, and--bless their little black turtlenecks and Birkenstocks--they weren't fooled by Rupert Murdoch's purchase of Myspace. Silly, Rupert, New Media is for hip kids.But, the beautiful world of blogging Brown alumni opining on global warming and Maya Angelous contributions to literature while their conservative brethren blog on banks and hedge funds may be in for a shock to its modern sensibilities. There may be unwanted guests at this post-modern, online clambake, and it may be a sign of things to come.Bait Car as New MediaThe folks at truTV, that network of cop shows that used to be Court TV, have come up with a new show called, Bait Car. In Bait Car, the producers work with local police to place an unlocked car with keys in the ignition out on the street. Get it, bait, car?Many unsuspecting citizens, including Joseph Bullard, took the bait.Or did he?In the case of People v.
Bullard argued that he was merely being a good citizen, moving the Bait Car out of its illegal parking spot.He also argued selective prosecution.
Bullard, a gentleman who enjoys cross-dressing, argued it was no coincidence that the unholy trinity of producers, police, and prosecutors arranged for the Bait Car to be placed outside Divas, a well-known, somewhat risque San Francisco transgendered club. Bullard's Good Samaritan claim, his legal counsel wanted to see the tapes of the filming from KKI Productions, the producers of the San Francisco episodes of Bait Car.
Not unlike Judge John Sirica sending an order to the Nixon White House, Judge Gerardo Sandoval ordered KKI to turn over the tapes.Not so fast, said KKI.
Arguing that Bait Car was journalism and that the intrepid Bait Car photographers were, in fact, journalists and so under California's reporters shield law, KKI refused.Judge Sandoval wasn't buying it. Bullard's "I was only helping by moving the car" argument, but prosecutors dropped the charges against Mr.
You can't cooperate with one side and not the other," said Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press."You can make a very strong argument that the cooperation with one side is a waiver of the privilege," Ms. Bullard does not decide the law on the contentious issue of who gets to be a reporter in the eyes of the law--although it does put Californians on notice that, if youre in cahoots with the cops, you probably don't get to be one, at least for reporters shield purposes.The case also illustrates that the cozy little blogging world at Starbucks and beyond is also in the midst of a culture shift.
Combine the two - the theory went - and you would have what one of those MBA-types might call, synergy.Activision and Ms. They also made some money off a game series based on the adventures of skateboarder Tony Hawk.Entering the 21st Century, one of Activision's biggest games was its Guitar Hero series, which basically allows players to engage in computer-assisted air guitar. Stefani and her bandmates were not excited about the prospect of having their voices replaced with the manly sounds of Boy George.Ska vs.
SuitsCould Activision really use the twisted avatars without No Doubt's permission?No Doubt didn't think so, and the band sued Activision in California state court. About half the states have a statutory right of publicity and others protect the right of publicity as part of their right of privacy laws.There has been a movement to extend the right of publicity beyond death. Thus, the appellate court held, the First Amendment did not excuse Activision's alleged violation of its right to publicity."Nothing in the creative elements of the Band Hero elevates the depictions of No Doubt to something more than conventional, more or less fungible, images of its members that No Doubt should have the right to control and exploit. Thus, the trial court did not err in denying Activision's motion to strike the right of publicity claim based on Activision's assertion of a First Amendment defense," Judge Thomas Willhite Jr., wrote for the court,The court compared and contrasted Ms. Stefani's avatar with the image in another case involving a Sega videogame and the former lead singer of Dee-Light, Kirby v.



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