#doctrine of signatures: proven

[drathanasius]

Horseman of the Scorpions, Francisco Toledo

[literaryvein-reblogs]

Writing Reference: Aphrodisiacs

The Greek Goddess of Love, Aphrodite, lends her name to an extensive list of foods and other weird and wonderful items that are supposed to increase the libido and enhance the chances of seduction and therefore fecundity.

The issue of fertility has always been an overriding concern for humankind, and any substance that either enhances sexual prowess or increases the chance of conception has always been highly sought after.

Ancient man had a limited seasonal diet, and a bad hunt or the failure of a crop could literally be a life-or-death matter. Getting enough food to eat was an overriding concern.

Chances of fertility are restricted if nourishment is poor, and so certain foods were given magical powers in the hopes that they might increase both male and female potency despite the limited diet.

There is a marked differentiation between the foods that increase fertility versus the ones that enhance sex drive, and given that early man did not know about the chemical constituents of food, many aphrodisiacs were chosen as such primarily because of their symbolic significance.

The Doctrine of Signatures—the notion that a plant or a feature of an animal that is similar in appearance or quality to a body part could be beneficial to the organ it resembles—had an important part to play in deciding which foods had aphrodisiac qualities.

Example: The Rhinoceros Horn still carries a frisson as a stimulant to sexual appetites, as does Spanish Fly. Both these ingredients, sort of mystical precursors to Viagra, were ingested by men in eager anticipation of increased virility.

Pliny the Elder and Dioscordes documented many of these aphrodisiacs as far back as the 1st century, and it is likely that they would have been regarded as such for some time prior to this.

The behavior and lifestyle of certain animals made them fertility symbols, too:

Example: The sparrow, a prolific breeder, was sacred to Aphrodite and its blood was a popular ingredient in love potions.

Steak was thought to contain all the virility of the animal it came from, the bloodier the better.

Ground rhinoceros horn is symbolic of the libido but the power of the rhino is also perceived as the ultimate in male sexual energy.

This ancient, visceral belief in the power of appearances has meant that many of the original foods that were considered to have aphrodisiac powers by ancient man still carry the same meanings today, despite their actual chemical constituents.

It is true to say that certain foods actually do have aphrodisiac powers purely because of these old beliefs, and generally owe more to folklore and symbolism than to fact; however, a symbol is a potent force and often the association alone is enough to bring about the desired effect.

Example: A dinner date where oysters and strawberries are on the menu will leave no doubt about the intended conclusion to the evening.

To our ancestors, any kind of food that resembled the penis, the vagina, or constituent parts thereof, carried powerful suggestive meanings, although latterly our ability to analyze certain minerals and trace elements has proven that some supposedly aphrodisiac foods may actually deserve their reputation.

Example: The fifty oysters that Casanova reputedly managed to swallow every day for breakfast not only resemble the female sexual parts in scent, texture, and form, but it has also been discovered that their high zinc content may indeed help enhance the libido; a large proportion of zinc is spent when men ejaculate.

For ancient man it was not always necessary for the foods to be eaten for them to have the desired effect. Some of the weird and wonderful things considered to have aphrodisiac qualities were toxic, but could work their magic simply by close proximity.

Example: The berries of mistletoe were a reminder of the semen of the Gods and the little crosses on the undersides were kisses, but it would be unwise to eat them.

Seeds, nuts, bulbs, and eggs, because they are full of potential new life, were considered as aids to fertility; snails, too, were considered to enhance sexual appetites because of the viscous fluid of the trails they leave behind, although slugs are not considered to have any aphrodisiac qualities whatsoever.

Source ⚜ Writing Notes & References ⚜ List of Aphrodisiacs

[digestsbymarianpurpleink]

Cruz & Sabon v. Atty. Gruspe G.R. No. 191431. March 13, 2013

Doctrine

Contracts are obligatory no matter what their forms may be, whenever the essential requisites for their validity are present. In determining whether a document is an affidavit or a contract, the Court looks beyond the title of the document, since the denomination or title given by the parties in their document is not conclusive of the nature of its contents. In the construction or interpretation of an instrument, the intention of the parties is primordial and is to be pursued.  If the terms of the document are clear and leave no doubt on the intention of the contracting parties, the literal meaning of its stipulations shall control.  If the words appear to be contrary to the parties’ evident intention, the latter shall prevail over the former.

FACTS

On October 24, 1999, the minibus owned and operated by Cruz and driven by one Arturo Davin collided with the Toyota Corolla car of Gruspe; Gruspe’s car was a total wreck.  The next day, on October 25, 1999, Cruz, along with Leonardo Q. Ibias – a barangay official, went to Gruspe’s office, apologized for the incident, and executed a Joint Affidavit of Undertaking promising jointly and severally to replace the Gruspe’s damaged car in 20 days, or until November 15, 1999, of the same model and of at least the same quality; or, alternatively, they would pay the cost of Gruspe’s car amounting to  P350,000.00, with interest at 12% per month for any delayed payment after November 15, 1999, until fully paid. When Cruz and Leonardo failed to comply with their undertaking, Gruspe filed a complaint for collection of sum of money against them on November 19, 1999 before the RTC.

The RTC ruled in favor of Gruspe ordering Cruz and Sabon to pay the amount at 15% interest. CA affirmed the decision with reduction of interest rate at 12% per annum. 

Contention of the petitioners:  

The Joint Affidavit of Undertaking is not a contract that can be the basis of an obligation to pay a sum of money in favor of Gruspe. 

Even if the Joint Affidavit of Undertaking was considered as a contract, it is invalid because Cruz and Leonardo’s consent thereto was vitiated; the contract was prepared by Gruspe who is a lawyer, and its contents were never explained to them.  Moreover, they were simply forced to affix their signatures, otherwise, the minibus would not be released.

ISSUE/S

Whether the Joint Affidavit of Undertaking executed by the petitioners is a contract.

Whether the affidavit, assuming that it is a contract, is void due to vitiated consent. 

RULING

The Court ruled in the AFFIRMATIVE. 

A simple reading of the terms of the Joint Affidavit of Undertaking readily discloses that it contains stipulations characteristic of a contract.  As quoted in the CA decision,[10] the Joint Affidavit of Undertaking contained a stipulation where Cruz and Leonardo promised to replace the damaged car of Gruspe, 20 days from October 25, 1999, or up to November 15, 1999, of the same model and of at least the same quality.  If they cannot replace the car within the same period, they would pay the cost of Gruspe’s car in the total amount of P350,000.00, with interest at 12% per month for any delayed payment after November 15, 1999, until fully paid.  These, as read by the CA, are very simple terms that both Cruz and Leonardo could easily understand.

The Court ruled in the NEGATIVE.

An allegation of vitiated consent must be proven by preponderance of evidence; Cruz and Leonardo failed to support their allegation.  Although the undertaking in the affidavit appears to be onerous and lopsided, this does not necessarily prove the alleged vitiation of consent. They, in fact, admitted the genuineness and due execution of the Joint Affidavit and Undertaking when they said that they signed the same to secure possession of their vehicle.  If they truly believed that the vehicle had been illegally impounded, they could have refused to sign the Joint Affidavit of Undertaking and filed a complaint, but they did not.  That the release of their minibus was conditioned on their signing the Joint Affidavit of Undertaking does not, by itself, indicate that their consent was forced – they may have given it grudgingly, but it is not indicative of a vitiated consent that is a ground for the annulment of a contract.

[wuxiaphoenix]

Worldbuilding: Folk Wisdom Counts

I managed to snag Foxfire 3 out of a local library. It has a significant section on ginseng in the Appalachians, both hunting it wild and growing it.

The consensus by those interviewed was that cultivated ginseng might grow larger, especially if fertilized and tended, but it wasn’t as good or potent as wild ginseng. On top of that cultivated ginseng tended to be vulnerable to molds, moles, rats, and other predators on seeds and tubers. And the most reasonable compromise was to find tiny ones in the wild, replant them in more likely spots, and then leave them alone.

I found this interesting particularly because I’ve read modern agroforestry books (2010 or later) on cultivating woodland herbs, ginseng in particular, and the modern info on molds, predators, and root sizes agrees with the accumulated folk knowledge of these articles written down in 1973-1974. More, modern medical analyses agree. Whatever medical effects ginseng may have are produced by ginsenosides, and those compounds only build up in the plant over years. And since they’re likely produced by the plant to fend off some kind of infection or predation, a pampered, fertilized plant has much lower concentrations in the root. The best cultivated ginseng is, effectively, cultivated as little as possible. Growers get their seeds, spread them in their shaded woodland areas, put a little leaf litter on top, and then wait.

...Sometimes with shotguns. People will poach ginseng even off private property. The prices are that enticing - and one night raid can ruin years of work. Poaching goes on even in the Great Smokey Mountains National Park; there’s at least one botanist whose job is to find ginseng in the park, dig it up, dye the roots, and then replant it. Dealers know the dyed roots won’t sell.

So. Accumulated folk wisdom of a plant, proven out by modern research. Folk wisdom also advises packing wounds with sphagnum moss, coating them with honey, or binding them with cobwebs. Anyone visiting this blog will likely not be surprised that all of these have good reasons behind them. Sphagnum moss is absorptive and extremely acidic, inhibiting the growth of bacteria and fungi. Honey in its natural form has plenty of hydrogen peroxide that kills infections, and the sugar in it sucks moisture away from invading organisms, killing more. And spiderwebs have various kinds of “webicillin”, meant to keep bacteria from eating the prey the spider hasn’t gotten to yet.

Granted, there’s a lot of folk wisdom out there that is just plain wrong. (Check out the doctrine of signatures for using plants on diseases, and hollow horn disease, if you want some facepalms.) But the vast majority of information passed along culturally survives because it matters.

Meaning the average person in your world should have a similar bundle of information on things that work and don’t work to handle wounds, illness, ghosts, monsters, and so forth. They may not always believe the rarer things; see Aragorn defending the wisdom of old women who still use athelas, when it’s needed to save those struck down by the Black Riders. But they should at least have heard of it.

...Though some of the rare things may only be known in certain books or villages. Which gives your Bad Guys some obvious targets to wipe out, if they plan to Conquer the World!

Give your world folk wisdom. It’ll take the story places you never would have imagined.

[starr-fall-knight-rise]

HASO, “Confrontation.”

You guys have been asking me to writ this one for ages, and I finally got around to it.  hope you all enjoy :)

Sirens blare overhead. Red light pulsed in and out of existence as large white spotlights raked their way over the barren grey/purple ground. In the distance gouts of whie mist squirted up from craters in the moon’s surface filling the dark night sky with a gaseous haze. Off in the distance, chain gangs of aliens and humans alike worked to mine precious metals from the soil using pickaxes and drills under the supervision of strict and brooding alien guards, most of them Drev, some of them human supervised on more than one occasion by a uniformed Tesraki. Overhead, in the distant sky, lights winked on and off from the orbiting Kepler Station, where any visiting ships were docked.

No ships larger than a six person shuttle were allowed onto the surface  of the moon, and none were allowed within a ten mile radius of the A1 Supermax penitentiary fittingly nicknamed New Alcatraz. Where the Turma supermax facility on Noctopolis was known for its brutality, New Alcatraz was known for its security. The moon on which it was set had no other colonies and no other facility. It was an entire moon dedicated to a single prison. All of the employees who worked in the prison lived off-world on the Kepler Station.

No vehicles were housed at the prison itself, and when it was time for the emp;oyees to return to  the station, a vehicle would be dispatched from one of the garages on that ten mile radius to come pick up the employee, but only after the proper biometric readings were taken.

 New Alcatraz had been built after another facility breach that had involved infected starborn, a half mad, Gibb, and a couple of corrupt ex Drev leaders. Most of the prisoners had been moved here after the incident, and great precautions were being taken to see that such an event never happened again.

A single hover car sped over the surface of the moon, and under the darkened sky.

Four individuals sat inside two Drev and two humans, one of them driving.

As they approached the prison grew larger and larger in their vision an intimidating span of concrete, steel, razor wire, and laser webs which rose up into the sky and spread out across the moon like the roots of a great tree. They made it all the way o the docking bay where automated turrets controlled from the Kepler station followed them as they stepped out of the vehicle. The driver stayed where he was, leaving just one human and two Drev to be greeted by uniformed guards dressed in black tactical gear from head to toe.

They nodded to the human, who wore a pristine grey uniform and white belt, captains cap resting atop his head before greeting the drev, one of them inconspicuous despite his nine foot size in comparison to the smaller Drev, whose body seemed to glow with pearlescent light cast off by the beautifully crafted armor which she wore. None of them carried weapons, and so they were ushered over to the side of the docking bay where their biometric readings were taken. Retinal, fingerprint, Dna, weight, and body measurements taken by a massive and expensive machine who could detect the smallest change in a biological signature.

Sunny stepped out onto the cold floor of the prison armor clattering lightly as she did so.

Adam was waiting for her as was Cannon, his massive hulkin shape glowing red like blood in the near darkness.

Adam looked at her with some measure of concern, “Are you sure you want to do this, there is still time to turn back, forget about her.”

Sunny turned to look at him, “Are you implying that I can’t handle her?”

He tilted his head and frowned crossing his arms over his chest, “Sunny I KNOW you can handle her, but I am just letting you know that it is an option. You don’t have to grace her with your presence. By all means she doesn't deserve to see you.” he turned to look at Cannon, “Either of you, after what she did, and now that you are Sainted, she deserves to see you even less. She is not worthy of your presence as a parent or as a proprietor of your religion.’

Sunny tilted her head staring at the man who despite his aggressive posture -- feet spread shoulder width and arms crossed over his chest -- she found mildly adorable, with his lip jutting out definitely. Despite being Admiral of the entire GA and UNSC space fleet, the man didn’t exactly do intimidating well, at least not to her.

Cannon, who had stayed quiet up to this point added quietly, “Adam is right, she doesn't deserve to see us, and she thinks I’m dead after all.”

Sunny lifted her head, “Than you can wait in the lobby, but I am going to finish this, once and for all, closure.”

“If you go I go.” Cannon said stubbornly and Sunny huffed, blowing a large gust of air out from the holes in her neck.

She turned to look at Adam, “I suppose this means you’re coming too.”

“Unless you strictly ask me not to.”

She thought about telling him no, but decided against it. Having him by her side on a day like this was comforting. Despite everything that had happened between them over the last few months, they had recently fallen back into their same rhythm of behavior. Granted it wasn’t far along as it had one been, but the friendship sure hadn’t been lost, and the hope of getting back to where they once were was strong.

“No, you can come.”

He nodded brusquely.

“Then I have your back.”

She glanced over at her brother who nodded tersely in agreement, “Let's get this over with.”

***

General Kazna, or Cosma as she was known by the humans, sat on the floor in the middle of her sell. She did not move, she rarely moved these days. Muscle that had once been hard with battle was not atrophied away leaving her thin and brittle in her age. Even if she had enough room to move it wouldn’t have mattered: her legs: twisted and deformed as they could not bare her weight without great agony.

She was crippled.

In an act of revenge that had cut the tendons of her feet. She was what she had once despised, and here in this prison, they would not let her rest, they would not let her honorably fade into the blackness. They watched her day and night, they had stripped all objects from her rooms in an attempt to keep her from returning to the spirits. She had tried other ways, but her body had proven too strong, or the equipment too weak, so on one or two occasions, they had saved her life just to lock her back in this prison and leave her to rot.

She had tired to forgo water and food wishing to waste away, but te survival instinct of the Drev ran too deep over the long term, and she was unable to finish herself honorably. It was the worst punishment she could have thought of, to be left on the face of the world as a cripple unable to die.

And so she sat there in the darkness of her cell day and night dreaming of great battles she had once fought in, armies she had led, and…. The glory and happiness she had once shared with her dear beloved Lanus, dead more than half a decade now, his body decaying into the moss and stone of a bone riddled battlefield. Oh how she missed him, how she had missed him for two and a half decades as they grew apart, as his demeanor had soured towards her.

She thought it was that, which she regretted most of all.

She rocked back and forth slightly imagining his handsome gold carapace and his strong arms that had held her when they were young, when they were still happy. 

Kazna wished to be with him again, wanted nothing more than to finally give up this body so decrepit and broken.

Despite her misery and self loathing, she was not entirely useless, and with her sharp senses she still detected the soft clattering of four pairs of feet coming up the hallway, two of them drev, one of them human.

She sneered.

She hated humans, even more so than the day she had first met them in battle. It was THEY who had taken her home from her, THEY who had destroyed her life, and THEY who had killed her dear Lanus.

The footsteps walked forward, and she expected them to pass by her sell, but instead, they stopped before her, silent except for the shuffling of metal on metal.

She opened her eyes blinking owlishly in the light.

It was the armor that caught her eye first. She had never seen anything like it over the course of her lifetime, but she would have known it anywhere. Pearlescent, glowing like a fallen star from the heavens, the mark of the saints. For a moment she thought she was witnessing some sort of strange illusion, a spirit taken form from the heavens. The light bent and swirled around the body of the Drev, and it was only as her eyes adjusted and the light faded that she saw the face staring back at her.

A face she knew all too well.

She jolted back away holding herself up by just her hands, “You!” her voice came out as a strangled sort of yelp.

Chalan, Kazna’s daughter, looked back at her from under the helmet of a Saint.

“Kazna.”

Kazna covered her eyes, wiped at her face and looked up again, sure that she was hallucinating, sure it was all a lie, but the armor only seemed to glow all the brighter as she looks.

“I… it can’t be.” She whispered,”You’re not… you.”

“What? Not worthy? The Sentinel of the mountain begs to differ.”

Kazna started 

Chalan stepped forward face just opposite the humming barrier of energy, “I climbed to the top of the mountain and there I met the watcher Naktan, who helped me develop the new doctrine. Even as we speak it is being spread far and wide among the Drev.”

Kazna shook her head, “No.”

“Yes, the old ways are bringing us into the future mother, the true beliefs of our ancestors are being restored…. One of them, I think you might be interested to hear. The doctrine of the spear….which I am told is a doctorne as old as time and perverted by generations past, a doctorinthat says any Drev born with the ability to hold a spear shall be spared the fire.”

Kazna started, “What meaning does this have to me! Why are you here?’

Chalan stared at her impassively, nothing like the stubborn young Drev who had lived her life through impulse. This was the cold stare of a warrior, and Kazna couldn’t deny that.

“As a Saint, i might say that every Drev  deserves to know the truth, to hear about changes in our religion despite their status, but…. Honestly mother, my reasons are a little more pretty than that. You were wrong about me, and your hatred tore our family apart.” There was a shifting behind her and kazna raised her eyes to find…. But n… this couldn’t be right either, it was an apparition! A lie! This couldn't be real.

She struggled to her feet in such horrific pain tat she had to claw her way up the wall to get a better look, “Kanan….m...my son…. You can’t be real.”

The hulking shape stepped out of the shadow to reveal the truth. That iwas, in fact, her son, with his blood red carapace and eyes like his father, “But I am.”

They were both here, both of her children, and one of them sainted. It must have been a delirious dream. None of this could have been real, but deep down she knew it was, she wasn’t that far gone.”

Chalan tilted her head, “You’ve fallen far, mother.”

Kazna hissed, “Leave me to my peace!” She shrieked. She Turned her head in an angry whirlwind and as she did, her eyes fell on the figure standing just behind thm, diminutive in comparison to a Drev, with only two arms,and a very human face. She recognized him instantly, and flew into a violent rage that tossed her pain from her like a cloak. She slammed her hands against the barrier despite the shocks it sent up her arms.

“YOU,YOU MURDERER!”

The human stared at her impulsive but said nothing

She was livid spitting vitriol at the human who had killed her dear Lanus.

“How dare you betray him!” She said whirling on Chalan, “How dare you betray his memory, by befriending this, this THING.”

Chalan sneered at her, “You’re pathetic mother. Father died in fair battle, and I hold no grudge.”

“You disgrace, hiding behind the cowardly worm who killed your father. This maggot riddled spite filled unworthy creature!”

WIth a sudden jolt of movement chalan slammed her hand against the side of the wall causing kazna to stubble back and fall, “You will not speak of him that way!” her eyes glowed gold like fire and she seemed to grow larger with her anger despite her diminutive size. “You pathetic hate filled shadow. This human has showed me nothing but honor and respect, which is far more than you have ever done, and with my blessing he carries the legacy of MY father, who I KNOW would respect him as a warrior should.”

Kazna was so angry she could hardly speak.

“What is he to you.”

Standing across the barrier, both of thm shaking with pent up tension and rage.

With her voice tight like a rubber band, straining as if it were to break, Sunny leaned forward, “You will not speak of MY battle partner in such a manner.”

Kazna froze. The tension between them drew tight until it snapped completely.

She saw red, and white and black all in quick succession. She screamed until her voice broke and slammed her hand against the barrier. Her daughter with her husband’ MURDERER!

Kazna continued to scream until the guards rushed in, and she had to be restrained physically.

As she turned her head, she watched as the group of them were ushered away, but she caught Chalan’s eyes and as she did she watched as her daughter rested an affectionate hand on the man’s shoulder the look on her face one of wicked glee.

And then she screamed some more.

***

“So uh, mind telling me what the hell that was about?”

Adam drew to a halt as Sunny marched down the hallway, forcing them all to a stop Cannon looking almost as confused.

Sunny drew to a stop stiffly, “I’m sorry…. I just, I wanted to watch her hurt.”

“As much as I enjoyed her little tantrum,” Adam began, “I was last under the impression that you and I weren’t a thing anymore, unless there is something I missed and we are again, in which case I’m not complaining but….. It's kind of a hell of a way to find out, and admittedly not one that I particularly appreciate.”

She looked away.

“I’m not a fan of being used like that.”

“I’m sorry.” Shewhispered, “I got carried away…. And I...I guess I wasn’t as ready as I said I was.”

She looked up and with a good natured smile he shrugged, “As an expert in not being as ready as I think I am, I can forgive you.” He rested a hand on his arm, “Maybe you will listen to me next time I suggest it isn’t a good idea. I do have your back after all.”

She lifted her head and nodded, “I know.”

“Besides that…. Did it help Confronting her?”

Sunny paused and stared down at the floor.

“No…. it feels empty.”

Spite had brought her nothing 

And she felt no better.

[lexmagnum]

The 'Strawman', also known as the Legal Person or Natural Person is the idea that a Fictitious Legal Entity, called a PERSON, exists for purposes of Law and Commerce.

This PERSON is similar to a Company or Corporation in that it exists as a construct of the imagination - it has no real body, and no soul to save, but for legal purposes, carries similar rights and attributes to that of a Human Man or Woman.

These rights include Ownership of Property, Lobbying the Government, Voting, and other activities related to money. The PERSON allows us to function with Limited Liability (read: Less Responsibility)

Our primary Legal Person, or "ID Card" consists of Birth Date, Eye color, Hair colour, Height, Weight, and now Fingerprints and Retina-scans, as if that's all we are. Nowhere on an ID Card are your Soul, or your Personality, or your Hopes, Dreams or Capacity to Love ever mentioned...

The emotional insecurities we have about our Bodies are magnified & exploited through constant propaganda and advertising, while our media hammers away at our psyche, "reminding" us that we are only Bodies, that bodies can only be sexy or ugly, and that Bodies and their Parts must be regarded as Possessions or Objects to be Owned.

In addition, by Registering (signing over to the state) your Biological Property (your body and the bodies of your children), creating a Birth Certificate (a Financial Security Instrument representing proof of parental consent in signing over the child) you are thus Consenting to the State's Ownership of You and Your Children.

The State then creates a child's very first Legal PERSON, with the parental signing of the Birth Certificate, which is given a "commercial value". If you have an older-style Birth Certificate, look on the Reverse side of it, to see 3 points of interest.

1) A 6-10 digit Number that you have never used in your life.

2) The words "Revenue Receipt" on the left side of this number.

3) The words "For Treasury Purposes Only" on the right side of the number.

Incidentally, before the 1900's, people USED to write the evidence of a birth in their Family Bible.

This first Legal Person attached to you, is known as a "NATIONAL CITIZEN" which later becomes synonymous with being a "Government Employee", when you SUBMIT (give in) an APPLICATION (to beg) for REGISTRATION (to sign over your rights) to become a SINner (by signing up for the Fraud called Social Insurance or Social Security).

You then receive your Employee ID # (also known as a SIN #) which creates another Person called a "TAXPAYER". This means you consent to the Income Tax Act, and now makes you liable for the Income Tax, in exchange for the "Benefits" of being a Government Employee.

The Strawman/Legal Person is thus the Evidence of your Signature (an oath) and Consent to Obey a set of Acts or Statutes, usually located on paper contract, or in a card form with your signature.

For example. You sign for a "Drivers License" to create a Legal Person called a "DRIVER", and have consented to follow the Traffic Safety/Motor Vehicle Acts of your state or province.

You sign up for a "Bank Account" to create a Legal Person called an "ACCOUNT HOLDER", usually providing your SIN # as part of your "Identification" which consents to allowing access to your bank account by court order to pay your Income Taxes by force!

You sign up for "Voter Registration" to create Legal Person called a "VOTER", which gets to vote for new Employee's and Presidents/Prime Ministers for the Corporation your PERSON resides in, and thus consent to the actions of your representative and their party, even if it means going to war against an innocent foreign country, or proroguing their own Parliament illegally!

There are literally dozens, if not hundreds of different PERSONS you can be holding, but none of them are YOU.

PERSONS must RESIDE within another Legal Entity, they cannot "Live" anywhere - that is why you are asked if you are a Resident of CANADA or the UNITED STATES. Authorities are not asking you, the Living Man or Woman if you Live in the Country, the are asking if your Legal Person RESIDES (has the right to do business/work) within their Corporation.

We have to know what words mean when people claiming authority try to use Legal words to control us. Legal dictionaries are different than regular dictionaries, because Legal words carry Weight in Law, and are often defined completely differently within various Acts, Statutes and Legal dictionaries. It is literally another language, which is why they call it Legalese.

SOLUTIONS

Only by realizing and discerning WHO we really are : Powerful spiritual beings with unlimited creative potential created by God, can we break the first invisible chain keeping us from freedom.

"You can declare your Rights and stand upon them as a Sovereign Man or Woman by filing "Notices of Understanding and Intent" and "Claims of Right", example of both available on the Web. You must tailor your own Notices and Claims to your own situation. It is not a simple cookie-cutter process.

Standing upon your Sovereignty in court and winning is FACTUAL, but you must not fall for their NAME GAME, where they try to get you to accept your LEGAL NAME, which puts you in their jurisdiction. Doing that, in the eyes of the court, turns you from a Living Human with Human Rights, into a Soulless Corporate Entity with No Rights whatsoever.

The best solution to win against the crooked and corrupt courts is to never go to court and play their fixed game at all. If someone tries to use a Court Order against you, make sure it is SIGNED by a JUDGE or it is INVALID. Most Court Order's aren't actually signed, and officials use unsigned Court Order's as a confidence trick to gain your consent!

There is no silver bullet. There is no lazy way to learn about your rights. You must Research and do your homework to REALLY learn what you are doing. Ignorantly walking into court is like playing carelessly with a loaded handgun."

You are not a PERSON. You are a Living Soul of Flesh and Blood. A PERSON has Privileges that can be Revoked while a Living Human has Rights that are Inalienable!

Knowing THAT, is the first step to stopping the War Against Consciousness.

Under martial law, you are presumed guilty until proven innocent.

JOHN J. DOE......your name in all capital letters....What does it mean? Law about Nom De Guerre ( War Name ) is in the Public Laws of the Seventy Third Congress Of The United States ... 1933...........

...“The gold-fringed flag only stands inside military courts that sit in summary court martial proceedings against civilians.”

The U.S. Constitution is a “Let’s Pretend” document without the Rule of Law.

President Dwight David Eisenhower signed Executive Order 10834 on August 21, 1959. It is printed in the Federal Register at 24 F.R. 6865, pursuant to law, and says: “A military flag is a flag that resembles the regular flag of the United States, except that it has a yellow fringe border on three sides.”

Every nation in the world accepts The Law of the Flag. Basically, it designates the rights under which a ship owner who sends a vessel into a foreign port functions and provides notice to those who enter into contracts with the ship master that he will use the Law of the Flag he flies to regulate contracts. The Law of the Flag regulates the laws under which contracts entered into will be governed. (See Ruhstrat v. People.)

In other words, Admiralty Law says that when a ship flies a Spanish flag, if you sign a contract with the Captain of that ship, any agreements or contracts the Captain signs will fall under Spanish law unless otherwise specified.

Further, there is a doctrine called “four cornering” a flag. According to usatherepublic.com, “By the doctrine of ‘four cornering’ the flag establishes the law of the country that it represents. For example, the embassies of foreign countries, in Washington D.C., are ‘four cornered’ by walls or fencing, creating an ‘enclave.’ Within the boundaries of the ‘enclave’ of the foreign embassy, the flag of that foreign country establishes the jurisdiction and law of that foreign country, which will be enforced by the Law of the Flag and international treaty. If you enter an embassy, you will be subject to the laws of that country, just as if you board a ship flying a foreign flag, you will be subject to the laws of that flag, enforceable by the ‘master of the ship’ (Captain).”

[momasarah]

Lucky Hand or Salep root is a hand-shaped root that comes from several species of orchids. It is becoming very difficult to find and when you do, it is almost always sold in a paper envelope which hides the actual contents from view. This root among the most powerful ingredients that can be added to a mojo bag or gris gris designed to increase gambling luck or occupational success. Sometimes called "salep" or "saloop" root or "five-finger root". This root protects from evil, protects during travel, brings travel through employment, brings love, wins at gambling and lottery, brings better business, gets employment, and brings success to your endeavors. The ancient "doctrine of signatures" dictates that objects in nature reveal their magical or medicinal uses through their form and colour. Thus, the light to medium brown, multi-fingered Lucky Hand root is thought to have special provenance over "all the things that five fingers can do." For this reason a Lucky Hand root may be carried by those who play the lottery, bet on horses, play cards, or partake in any other form of gambling.  Lucky Hand is highly beneficial to others who wish to increase their edge and success by subtle manipulation of the tools of their trade. Perfect for finding employment or getting ahead in your job Do your hoodoo- When combined with five-finger grass, a John the Conqueror root to increase personal power and mastery, and a lodestone dressed with magnetic sand to bring in the winnings, the Lucky Hand root simply cannot be beaten, according to its devotees. If you would like this mojo, please contact me! It will have a permanent home here soon at Conjured Cardea! For personal power place a Lucky Hand Root along with a John the Conqueror Root in your mojo/conjure bag. While reciting Psalm 23, hold the root while praying for what you need or wish to obtain. *The picture is an example. You will receive ONE ROOT. https://shop.conjuredcardea.com/LARGE-Lucky-Hand-Root-Luck-Business-Money-Protection-Love-lrglhr.htm https://www.instagram.com/p/B3VeK9tnrfs/?igshid=1iztcboiwf6ei

[servem]

My TROS Conspiracy Theory

someone please tell me whether or not this is an original thought because I literally have no idea

So, in Revenge of the Sith, Palpatine shares with Anakin the story of Darth Plagueis The Wise and how he had the ability to keep loved ones from dying AND he could also manipulate midi-chlorians into creating life. 

Now, I have no clue if Anakin is aware of his origins by this point. If he is, he’s a moron because that story from Palpatine would suddenly be HIGHLY SUSPECT if that were me! However, Wookiepedia seems to confirm that Palpatine and Darth Plagueis both “unwittingly” had a hand in Anakin’s procreation. 

That said, it stands to reason that Anakin’s fall to the dark side was much more difficult than simply a choice or a quest for power. To me, this changes Anakin’s decision, in the end, to destroy his master. It’s not only a response to the call of love (Luke), but it’s a rejection of what may very well have been the will of the force for Anakin to obey his creator. The connection between Sheev Palpatine and Anakin Skywalker is stronger than I ever realized in this context. It had to be, to cloud his mind against his love for Padme. 

SO

And this is where I’m reaching a bit so bear with me, I can entertain the idea that Vader’s mask has kept the connection to Palpatine alive somehow (many have already speculated as much). But where the idea gains momentum for me is with Ben. Ben is a Skywalker through and through, showing us at times that he has clung to his family legacy by speaking to and possibly worshipping (in his own way) his grandfather’s mask (he keeps it in a goddamn shrine, come on). We’ve never actually seen the mask speak back, but what if it just hasn’t been shown to us? 

What if Palpatine’s force signature had been living in such a token-- an ashen helmet -- and Ben Solo woke up his pseudo-great-grandfather, “unwittingly” by praying to Darth Vader?

It makes sense for me that balance would not be found until the insult to nature was atoned for. Palpatine should not exist. Anakin should not exist. Anakin’s existence caused the greatest known imbalance in the galaxy. And his undead creator is still reaping what he sowed from the imbalance he created in the force. The way Ben and Rey absolutely obliterate Vader’s Helmet Shrine in the trailer supported for me, not only the idea that Palpatine’s dormant power lies within it, but that Ben and Rey are the only two that can destroy him once and for all. 

Ben is not an insult to nature. He’s just a force-sensitive man; no Jesus found here. Rey is no one, just a force-sensitive woman. But together, they represent balance in so many ways. They have been anointed with unprecedented TWIN powers by the force, but only out of the need and will for balance, not by manipulation of the force. If this final installment is meant to be a conclusion of a legacy, it makes a lot of sense to me that the true past that needs to die is the legacy, not the Skywalkers. Ben and Rey are the balance the force has sought in response to the evil that’s plagued it. Darth Plageuis brought a literal plague of imbalance to the galaxy. If Ben dies, not only is there a vacuum for power but we are once again out of balance. 

I would even go so far as to believe that Palpatine, Mr. Sheev “Your coming together is your undoing” Palpatine actually believes his own bullshit because it’s been proved time and time again. Anakin Skywalker, Padme Amidala, Luke Skywalker, Han Solo- they all died for love. Love was their greatest weakness in his eyes, never a fortifying weapon. From his view on his throne in hell, he has yet to be proven wrong. This is why I think this story must end with life (TAKE THAT HOWEVER YOU WANT THOSE OF YOU THAT KNOW ME KNOW HOW I MEANT IT). 

I feel that we will be reminded of how the central theme of this story is family and love. I feel that Ben and Rey will be able to defeat Palpatine because they love each other and that’s the final piece of the puzzle that balances them. Love is what the Jedi lacked and even Attack of the Clones Anakin zeroed in on it. It’s against the Jedi Code to love romantically, but it doesn’t make sense to him or Padme. In a way, their espoused doctrine for compassion encourages them to love, albeit unromantically. It’s why the Jedi had to die. Their take on religion kept those most attuned to the force out of balance. Ben and Rey will find the precious balance that has eluded this galaxy for centuries by embracing love.

I could go on forever about why these characters are remarkably excellent vessels for this story. A somebody and a nobody that mirror one another on the inside. It’s literal poetry. They have what the other needs in so many ways and VERY IMPORTANTLY, in ways that I feel have been handled responsibly by the people at the helm of these films. She did not turn for him and he should not turn for her. It is neither of their jobs to fix the other, no matter how badly they want to (clearly they did, they do). However, what a beautiful message would we be sending if we told kids (as in, the target audience of these films) that your soulmate is the person that you bring peace and balance to just by being yourself? And to imagine the world of good that could come from just that? 

I literally forgot the point of this post now I’m just rambling. 

Tl;Dr: Ben’s Vader worship accidentally awoke his, as of yet, unrevealed connection to Palpatine and also explains why he and Rey both have to be the ones to destroy him.

[giedizellizarondo]

ARTICLE 116 OF THE FAMILY CODE OF THE PHILIPPINES

This article is under the Section 3. Conjugal Partnership Property

According to Philippine law, when two people wed, a portion or all of their and their spouse's assets becomes conjugal property. The married couple becomes co-owners of properties owned separately at the time of marriage as well as those accumulated later during the course of their marital relationship.

This article explain that unless proven otherwise, all property acquired during the marriage is presumed to be conjugal, regardless of whether the acquisition appears to have been made, contracted for, or registered in the name of one or both spouses.

CASE DIGEST

FRANCISCO LIM, Petitioner, vs. EQUITABLE PCI BANK, now known as the BANCO DE ORO UNIBANK, INC.,* Respondent.

G.R. No. 183918               January 15, 2014

DEL CASTILLO, J.:

DOCTRINE: Marriage; Property Relations; Conjugal Property – All property of the marriage is presumed to be conjugal, unless it is shown that it is owned exclusively by the husband or the wife; that this presumption is not overcome by the fact that the property is registered in the name of the husband or the wife alone; and that the consent of both spouses is required before a conjugal property may be mortgaged.  This presumption under Article 160 of the Civil Code cannot prevail when the title is in the name of only one spouse and the rights of innocent third parties are involved.

FACTS: Petitioner Francisco Lim executed an SPA in favor of his brother Franco to mortgage his share in a property in order to secure a loan. This first loan extended by BDO in 1989 was fully paid by Franco in 1992. However in 1996, Franco and their mother obtained another loan over the same property which they failed to pay.

Respondent Bank tried to foreclose the property due to the non-payment of the loan. Petitioner thus tried to get a TRO and for the foreclosure and to secure a cancellation of the SPA executed in favor of his brother. Petitioner alleged that he did not authorize Franco to mortgage the subject property to respondent and that his signatures in the Real Estate Mortgage and the Surety Agreement were forged.

the RTC rendered a Decision in favor of petitioner. It ruled that petitioner was able to prove by preponderance of evidence that he did not participate in the execution of the mortgage contract giving rise to the presumption that his signature was forged.

The CA reversed the RTC Decision. It ruled that petitioner’s mere allegation that his signature in the mortgage contract was forged is not sufficient to overcome the presumption of regularity of the notarized document.

ISSUES:

1. Whether or not Petitioner was able to prove that the SPA was forged.

2. Whether or not Respondent Bank was failed to exercise due diligence when granting the loan without the signature of Petitioner's wife in the mortgage contract.

RULING:

1. NO. Petitioner was not able to prove that his signature was forged. No evidence was ever presented to prove the allegation: the alleged forged signature was never compared with the genuine signatures of petitioner as no sample signatures were submitted.

2. NO. Respondent exercised due diligence. The nature of the property was never raised as an issue. Hence, the absence of his wife’s signature on the mortgage contract also has no bearing in this case.

All property of the marriage is presumed to be conjugal, unless it is shown that it is owned exclusively by the husband or the wife; that this presumption is not overcome by the fact that the property is registered in the name of the husband or the wife alone; and that the consent of both spouses is required before a conjugal property may be mortgaged.  However, we find it iniquitous to apply the foregoing presumption especially since the nature of the mortgaged property was never raised as an issue before the RTC, the CA, and even before this Court. In fact, petitioner never alleged in his Complaint that the said property was conjugal in nature. Hence, respondent had no opportunity to rebut the said presumption.

[teawitch]

I can point to a couple of books but I don’t think they’re going to be begin to cover everything you’re looking for. They will, however, provide a beginning. 

The problem we face with this question is two fold. The scope of “folk magick” which covers many different cultures and some things that aren’t written about. (Poke weed. Does anyone include Poke Weed in their books?)  and the continued advances of science which means often new uses or warnings come up for plants that people have been using for centuries and last year’s book is out of date. 

Jake Richards has done a lot of work on American folk magic - Appalachian, Pennsylvania Dutch, and some more. But Geogi Mishev explores the magic of Bulgaria - so you have widely different folk practices but also very different local plants. Both authors are concerned with exploring the traditions and not necessarily modern medical practice, which is an entirely different skill.

Many witches started with Cunninghams Encyclopedia of Magical Herbs It’s still available through Llewellyn books but the original publication date was 1985, so witches are often advised to double check for any medical warnings on herbs they might consume. 

Going further back in history and wrapping in a lot of English and European herbal use is Culpeper’s Complete Herbal (free on Project Gutenberg)  Now Culpeper wrote the book you are looking for. This is a medical text not a magical text. He includes the plants, their description, appropriate correspondences, their common uses, medical advice and observations. The problem we run into is that the publication date is 1794. So it’s not up-to-date on scientific discoveries.

Another topic (I don’t have book for this) to research would be the old - Doctrine of Signatures. An theory that said that the divine created signals in plants to let us know what the plants best use was. So lungwork looks like a lung and is good for treating illness of the lungs. Alas, this theory hasn’t proven to be the most effective answer to what plant does what. 

Look, a lot of people have set out to prove that folk magic or root work is aligns with modern discoveries about herbs. Sometimes this is astoundingly true simply because the reason people kept using a certain plant for something was because it worked. Sometimes it didn’t work. Or didn’t work in a way we would consider successful. But at the time there wasn’t anything available that would have worked so the herb may have been all they had. (I remember reading this about using mercury for syphilis - it was never going to work but nothing they had was going to work.)

Anyway, sorry for the ramble, but hopefully you’ll find a couple of useful books. 

I am looking for a book that contains herbal correspondences, which includes history of their use in folk magick AND any scientific discoveries regarding their medicinal properties/physiological and psychological effects. It may be the case that I need two books for this! If you have a recomendation, I would be very grateful if you would comment on this post.

[warsmith-wolf]

Under a Scarlet Sun...

Though Aleutia is perhaps best known for its Militarum Tempestus regiments, it is tithed for standard Militarum Regimentos like any other world. Proud, honourable soldiers with expertise in 'wet naval' operations and amphibious landings, the Aleutian Special Naval Landing Forces (SNLF) proudly bear their homeworld's finely crafted wood-cased lasrifles, and every Guardsman or woman that passes Whiteshield training gains the right to wear the signature Scarlet Sun on their shoulderpad.

Regulation-issue kit remains fairly standard in every Aleutian regiment.

- Model 98 Lasrifle: Lacquered wooden casing, balanced for light weight and accuracy.

- Flak armour: Cadian-derived model, fatigues layered with a special wax to improve waterproofing.

- Scarlet Sun: Ancient pre-Imperial seal of lost provenance, believed to be a stylised representation of the system’s red star. Any Guardsman found to have deliberately defaced, removed, or obscured their seal will be shot without trial.

Yep, I went with the Beach Boys - it shouldn’t be too hard for the history buffs to figure out what they’re based on. Still need to pick a fitting Regimental Doctrine - I’m thinking Tallarn for the mobility.

[cutsliceddiced]

New top story from Time: ‘We Want to Help the World Better Understand China.’ Meet Chen Xiaoqing, the Film Director Using Food to Make Friends

The humblest food becomes wondrously photogenic in the films of Chen Xiaoqing, creator of the hit Netflix series Flavorful Origins and its progenitor Once Upon a Bite. Dumplings are crafted on timber boards amid billows of flour. Steam shrouds mottled crabs, cooking with ginger and chili in in tall stacks of wicker baskets. Fishermen wade into crashing surf on wooden stilts to snare sardines with A-frame nets. There are aerial shots of emerald rice terraces, time-lapse sequences of drying bricks of tea, and mortar-eye views of pestle-pounded spices.

There’s not a fast-food restaurant or production line in sight in this romanticized glimpse of a homespun culinary culture sadly threatened by industrial kitchens, agribusiness and progress.

“Our food must be delicious, beautiful, with a legacy and connection to local culture and geography,” Chen tells TIME in his Beijing office. “For the people, they must really love the food, put in their labor and have a deep connection with it.”

Chen, 55, originally from China’s eastern Anhui province, has charged himself with keeping many of his homeland’s food traditions alive. Over the past three decades, the world’s most populous nation has become the world’s number two economy and home to the planet’s largest middle class. In the rush to sate 1.4 billion bellies, corners were cut and standards plummeted, leading to a slew of food safety scandals. Today, though, the impetus has shifted from quantity toward quality natural produce. “People are leaning towards healthier options, not just vegetables, but wanting to know their food is processed with care,” says Shanghai-based food blogger Rachel Gouk.

It’s a trend epitomized by the critically acclaimed Flavorful Origins, a series of short films and the first original Chinese documentary to be bought by Netflix. Chefs chosen for inclusion in Chen’s work can see demand for signature dishes soar hundred-fold overnight. The first series spotlighted the coastal cuisine of Guangdong’s Chaoshan region, with the second focusing on the fresh, fragrant spices of southwestern Yunnan province, which draws much influence from neighboring Laos and Myanmar.

The third season, set in China’s central Gansu province, debuts on Netflix next month. Gansu is a thin strip of territory stretching more than a thousand kilometers from dunes in the north to lush mountains in the south. It also boasts a significant Muslim minority. “So they have really different types of food that reflect the local terrain and [cultures],” says the filmmaker.

Chen has given himself an additional brief at a time of historic tensions between the U.S. and China. The superpowers may be embroiled in a trade war, accusations of spying and IP theft, the sanctioning of officials over the detention of one million Uighur Muslims in China’s far west, and the origins of the COVID-19 pandemic—but Chen hopes that food can help soften his country’s image. “Through beautiful food we want to help the world better understand China and the Chinese people,” he says.

DOClabs Beijing In this still taken from Season 2 of the series Once Upon a Bite, which debuted on Apr. 26, 2020, a dish known as multiple-layer oil cake is seen on a table in Yangzhou, China.

Chinese food in the U.S.

The U.S. love affair with Chinese cuisine is long and complex. In fact, one of the most American staples, ketchup, is actually Chinese in origin. The name ketchup derives from the Hokkien Chinese kê-tsiap, referring to a fermented fish-based sauce that became popular with colonial Britons as far back as the 18th century.

When the first Chinese immigrants arrived in American in the mid-19th century, xenophobic ditties made reference to their unfamiliar eating habits. But in New York City, Chinatown flanked the Jewish Lower East Side, and the Jewish community became early adopters of the new cuisine. By 1899, the enduring tradition of Jews eating in Chinese restaurants at Christmas had already been documented. In the early 20th century, the Boston Globe was telling readers to consider Chinese themes for their wedding banquets, while the Chicago Tribune declared Chinese restaurants the perfect place to woo a girl on a first date.

“Chinatowns, which had been framed as dens of iniquity, became the first counterculture cool among the American cognoscenti, and then became mainstream,” says John Pomfret, a former Beijing bureau chief for the Washington Post and author of The Beautiful Country and the Middle Kingdom: America and China, 1776 to the Present.

When a devastating earthquake flattened San Francisco in 1906, that city’s Chinatown was prioritized for reconstruction because of the tourist dollars it brought in. By 1919, the American Chemical Society was advising that Chinese food was good for health. A decade later, nearly a third of American counties had at least one Chinese resident, many of whom opened restaurants. “The Chinese became the most dispersed ethnic group in the country,” says Pomfret. Today, there are more Chinese restaurants in the U.S. than McDonalds and KFC outlets combined.

Read more: The Untold Story of the World’s First Michelin Three-Star Chinese Restaurant

The question is whether food can still build bridges today. A Pew Research Center survey published in July found 73% of American adults had a negative view of China, the highest since the question was first asked 15 years ago. Verbal attacks and assaults on Asian Americans have soared since the coronavirus took hold. At the recent presidential debate, Donald Trump again sought to assign blame for the pandemic, saying “It’s China’s fault.”

For Chen, however, there are more commonalities than differences. He points out that around 10,000 years ago people across the world began cultivating wheat. In the West, they used it to bake bread; in the East, they steamed buns. “People may focus on the difference between East and West as being like fire or water,” says Chen. “But in terms of food—bread or buns—it’s not that drastic.”

Not all of China’s culinary culture meets with acceptance. The consumption of rare, wild species for their purported health benefits has long been of concern. The 2002 to 2003 SARS pandemic was eventually traced to civet cats sold for consumption at a market in China’s southern Guangdong province, and a leading—though unproven—hypothesis is that there is a similar provenance for coronavirus, which first came to light in a market in the central city of Wuhan.

Chen says he is “very concerned” about the protection of wildlife, never features endangered creatures in his programs and even puts health disclaimers on scenes that feature raw shellfish.

“In truth, most Chinese people eat a limited selection of food,” he says. “They don’t even eat steak rare because they think it’s unhygienic. They have to cook everything. The sample of the coronavirus found in the market has nothing to do with food; it has to do with the modernization of the entire country. If we can ventilate and make our markets more sanitary, such problems can be solved.”

DOClabs Beijing In this still taken from Season 2 of the series Once Upon a Bite, which debuted on Apr. 26, 2020, dishes of braised pork rice from Sichuan, China are being steamed.

Chinese cuisine and national identity

In some ways, Chen is riding a wave of national interest in a sentimentalized past—a craze known as fugu. Increasingly, Chinese millennials are donning hanfu robes that date from the Tang Dynasty, playing bamboo flutes and quaffing Osmanthus wine in order to reconnect with their cultural heritage. One father in Sichuan province recently dispensed with the family car and decided to take his son to kindergarten on a bull. He said that while using this archaic form of transport, he would “explain ancient poems and traditional culture” to the youngster. For a rapidly urbanizing society, increasingly disillusioned by a hyper-commercialized race to riches, such affectations prove alluring.

Some academics frame this cultural revival in terms of a restored national pride. It could be seen as “embarrassing that Chinese people attend social functions or major international occasions dressed in suits, ties, and leather shoes, which not only fail to represent their homeland, but also imitate the garb worn by the erstwhile outsiders who once brought China to its knees,” writes Yang Chunmei, a professor of Chinese history and philosophy at Qufu Normal University.

China’s strongman president, Xi Jinping, has certainly made many calls for the preservation of Chinese tradition while decrying the influence of “Western values”—even if much that tradition is awkwardly rooted in Imperial feudalism and at clear odds with the Marxist doctrine that the Chinese Communist Party is committed to upholding.

Read more: A Very Brief History of Chinese Food in America

In this context, Chen’s work coalesces national identity at home even as it seeks to break down barriers abroad. He has set his eyes beyond China, citing Lebanon as his dream destination (“It’s got European influence, Arab influence, that’s very interesting”). He became enamored with the Middle East while filming in Jerusalem.

“We saw that Jews, Arabs, Christians have different religions and cultures,” Chen says, “but they all appreciate the same food.”

Given the intolerance that roils the Middle East, it’s a bit of a stretch to posit some sort of regional amity based on a shared love of olives and flatbread, but Chen is undeterred.

“There are constantly quarrels and tensions, not only between China and America, but between all different cultures,” he says. “The best way to solve them is communication—and people always talk over food.”

—Video by Zhang Chi/Beijing

via https://cutslicedanddiced.wordpress.com/2018/01/24/how-to-prevent-food-from-going-to-waste

[azbiz]

۝ The doctrine of signatures is an ancient medical principle that has origins in both the east and west. It’s basic tenet is that features of plants resemble, in some way, the condition or body part that the plant can treat. It is now referred to as ‘intuitive science’!

۝ Traditional Chinese medicine applies the doctrine of signatures in a way that goes beyond the concept of plants healing body parts that they resemble. In Chinese culture, we have a saying, 吃什么补什么 chī shénme bǔ shénme. Which translates to what you eat will benefit that particular part of the body, or to eat something for its health Purposes. This is actually why you see many Chinese people eating items that are frowned upon in western societies. Chinese people are not afraid to to eat various organs and strange plants as some believe it will benefit this part of the body within themselves. To a certain extent this does make sense. If you eat joints and ligaments and cartilage, it will benefit your joints (hello overpriced vital proteins collagen powder?!).

۝ From a more plant based perspective we can see in nature that there are a lot of fruit and vegetables that resemble organs in the body. The shape and color of the kidney bean shows a huge resemblance  to your actual kidney. We can only assume that the energy must somehow be similar or that they resonate with similar Qi. We can extend that even further in Chinese Medicine, and with the understanding that the Kidneys are associated with the color black in the Five Elements. Unsurprisingly, a regular can heal and helps maintain good kidney function.Even the humble walnut looks exactly like a brain and it has been scientifically proven that walnuts greatly assist brain development.

۝ Today, the doctrine of signature is known as a pseudoscience and seen as a random coincidence. In Chinese Medicine theory, nothing is random or coincidental. Simply think about how specific the energy that created and shaped these plants is the same energy that created us.

They have a purpose - and so do we!

۝ So how do we incorporate the doctrine of signatures into our current relationship with plants? Have fun with your food, explore what ingredients you have bought and try to guess what organs they look like. Although I would not suggest eating excessive amounts of cauliflower if you need some mental boost, it is a fun way to look at and enjoy your food.

[stretchjournalemerson]

Do Aphrodisiacs Really Make You Sexually Aroused?

By Athena Nassar

You are sitting on a picnic blanket with your lover. You feed her strawberries dipped in dark chocolate, because you think she enjoys them. Or maybe you are hoping that she will embody the spirit of Persephone and swallow them like pomegranate seeds. Either way, she is sitting in front of you with strawberry juice dripping down her chin onto her floral dress. She calls you to taste her, and her spaghetti strap tastes like the cherry stem at the bottom of an Old-Fashioned, but what are your intentions? She might sleep with you in a few hours, but will it be because of the chocolate strawberries that you so purposely fed her earlier that day? According to a recent study in The Journal of Sexual Medicine, the chocolate itself certainly doesn’t have enough phenylethylamine to make her jump your bones. Although it may feel as if you are closer to the Promised Land of unclothed women after a few cocktails, aphrodisiacs do not actually play a hand in his/her sexual arousal, and here’s why.

The movie 9½ Weeks, also known as the genesis of all S&M movies, lays out this utopia solely comprised of food and sex. In a scene that occupies a fat ten minutes of the film, Mickey Rourke feeds Kim Basinger an assortment of foods that I never knew could taste good together. The camera is zoomed in on Basinger’s mouth while she consumes a jalapeño pepper followed by a maraschino cherry. Just when I think things couldn’t get any worse, she downs a diced egg before the jello has the chance to get all the way down her throat. To top it all off, Mickey Rourke rubs honey on her breasts, and I just know that can’t be comfortable. Besides Kim Basinger being all too compliant, there is a critical misconception that this scene perpetuates. The visual of Basinger eating a variety of condiments while blindfolded suggests that she is being stimulated by the food itself, but Bettina Pause, a psychologist at Heinrich Heine University, claims that “a lot of our communication is influenced by chemosignals.” Considering the fact that humans have a pheromone nerve running from the nose into the brain, Basinger was most likely drawn to Rourke’s individual odorprint rather than his odd selection of petit fours. According to Pause, the aroma that emanates off of breastfeeding women encourages other women without infants to reproduce.

Now, I’m not arguing that aphrodisiacs don’t bring us any pleasure at all, just not the kind of pleasure that might first come to mind. The Smell and Taste Treatment and Research Foundation confirms that the scent of banana nut bread has the power to arouse women more intensely than any regular old banana, so there must be some truth to this aphrodisiac claim after all. My guess is that this boost of sexual arousal is due to the nutmeg, especially since the scent is amplified in the process of baking the banana nut bread. According to The National Center for Biotechnology Information, herbs and spices such as red ginseng and saffron are the only scientifically proven aphrodisiacs. Surely there is a certain satisfaction that we feel when we bite into a succulent piece of watermelon, but does this trigger some sort of sexual longing or are we just content with the fact that we fulfilled a strictly nonsexual craving? As humans that need food to survive, it would make sense to say that our brains feel pleasure when our stomachs are full. A study by The Journal of Neuroscience seems to agree with this assumption, concluding that “eating prompts the brain to release feel good hormones known as endorphins.” Of course, overstimulation of these endorphins can lead to obesity, or in other words, too much of a good thing is ultimately a bad thing. Although some sugar-filled foods generate more pleasure than others, this is not to be confused with a titillating sensation.

If I were to ask Google about the sexual enhancements of any food, the internet would surely find a way to muster together numerous articles about how that food makes you better in bed, so where do we draw the line? Does every food magically make you better in bed? What do we classify as aphrodisiacs? In the middle ages, people determined whether a food was an aphrodisiac or not based on the doctrine of signatures. Coined by German philosopher Jakob Böhme, the doctrine of signatures is defined as “the belief that natural objects that look like a part of the body can cure diseases that would arise there.” Similarly, foods that resembled human sex organs such as oysters, asparagus, and sea cucumbers were thought to heighten passion. Foods that were warm or moist such as chili peppers or curry were thought to provoke a similar feeling. Of course, we know that this theory is drastically wrong, and many classic pieces of literature have been written on the basis of this flawed ideology to further the belief that consuming oysters will contribute to vaginal wetness. In Bradley C. Bennett’s essay “Doctrine of Signatures: An Explanation of Medicinal Plant Discovery or Dissemination of Knowledge?” Bennett advises us to not try to cure a heart disease with a heart-shaped leaf, because there happens to be 2,584 leaves with the same exact shape. In my opinion, we shouldn't try to cure heartbreak with erotic food either.

The romance novel Like Water for Chocolate illustrates a new Mexican recipe for every month. Although her true love Pedro asks for her hand in marriage, Tita, the youngest of three girls, cannot marry, because she is forced to care for her aging mother. In the month of December, the heartbroken Tita makes chiles in walnut sauce for her niece’s wedding. Upon ingesting these chiles, the guests cannot resist the urge to make “mad passionate love wherever they happen to end up… some under the bridge between Piedras Negras and Eagle Pass… the more conservative, in their cars, hastily pulled over to the side of the road” (Esquivel 242). Tita, overwhelmed with lust, grabs Pedro’s hand, and they both go into a dark room. The room is so saturated in passion that it drives the doves, the pigs, and the chickens to flee the ranch. Tita is described as “experiencing a climax so intense that her closed eyes glowed, and a brilliant tunnel appears before her,” and suddenly, she opens her eyes to Pedro lying beside her, dead (Esquivel 243). Although Like Water for Chocolate depicts two lovers who die naked in each other's arms from the effects of a single chile smothered in walnut sauce, the United States Food and Drug Administration does not recognize any chemical in particular as a natural aphrodisiac. For these results, you would certainly need an abnormally large dose of sildenafil, also referred to as viagra.

In fact, one of the most popular aphrodisiacs, the Spanish fly, causes a very non-sexual reaction if it is consumed. Cantharidin, a chemical which is secreted by blister beetles, can cause a rash to form on the urethra, as well as a painful erection that can potentially last for several hours known as priapism. In extreme circumstances, ingesting this so-called aphrodisiac can even lead to death. Although chiles and diluted pomegranates won’t influence your libido, they are definitely a safer option than any version of the Spanish fly, whether it be emulsified, powdered, filtered, or so on. Marketing companies continue to advertise the Spanish fly as a love potion, either not knowing or not caring that it causes an allergic reaction. The Spanish fly is advertised on Amazon as “the number one aphrodisiac” in a bottle labeled “LOVE SEXPLOSION” with the price of $99.99, and that is not including shipping. Around fifty percent of the reviews say something along the lines of “did not work at all,” “not what I was hoping for,” or “will return later.” The customers were unsatisfied with the results to say the least, but when they are purchasing products that look like the image on your right, who is really to blame?

When you think about it, it isn’t that difficult to believe that aphrodisiacs are completely buried in mythology. After all, aphrodisiacs did earn their name from the goddess Aphrodite who emerged from the stomach of a large scallop shell, hence seafood being rumored as a sexual stimulant. Oysters, among other shellfish, are considered to be a natural aphrodisiac due to their supply of zinc and amino acids. According to Michael Krychman, a gynecologist at the Southern California Center for Sexual Health and Survivorship Medicine, “there is a very large placebo effect” that occurs in the experience of eating oysters. Sex is laced in the action of slurping something gooey down your throat, and often times, the experience itself can produce adrenaline. Oysters do contain zinc which increases testosterone levels and male sperm count, but the quantity of sperm produced by the testes has absolutely nothing to do with attraction. Barry R. Komisaruk, a professor of psychology at Rutgers University, presents an interesting question: “Could oysters possibly satisfy sexual deprivation?” The answer is most likely no, unless you happen to have a wet and messy fetishism or any other fetish pertaining to food.

Food and its correlation to sex is a major component of many films and works of literature, and the bible is no different. In the story of Adam and Eve, the first man and woman are unashamed of their nakedness until a serpent tempts Eve into eating an apple from the tree of knowledge. This depiction of the forbidden fruit as a temptation results in a further sexualization of these fruits beyond the biblical meaning. Circling back to Komisaruk’s question of sexual deprivation, do we only yearn for things that we are deprived of? If the bible had placed sloppy joes instead of apples in the Garden of Eden, would we sexualize that too?

Acknowledgements

I would like to thank Laura Esquivel for writing Like Water for Chocolate.

Works Cited

9½ Weeks. Directed by Adrian Lyne, performances by Mickey Rourke and Kim Basinger, Metro-Goldwyn-Mayer, 1986.

Ansari, Shahid (et al). “Exploring Scientifically Proven Herbal Aphrodisiacs.” National Center for Biotechnology Information, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3731873/

Ault, Alicia. “Are Oysters an Aphrodisiac?” Smithsonian, https://www.smithsonianmag.com/smithsonian-institution/are-oysters-aphrodisiac-180962148/

Bennett, B.C. “Doctrine of Signatures: An explanation of medicinal plant discovery or Dissemination of knowledge?” Economic Botany, Vol. 61, 246–255 (2007).

Böhme, Jakob. The Signature of All Things. Giles Calvert, 1651.

Dallas, Mary. “Eating Feeds ‘Feel Good’ Hormones in the Brain.” WebMD, https://www.webmd.com/brain/news/20170831/eating-feeds-feel-good-hormones-in-the-brain

Eplett, Layla. “When Sparks Fly: Aphrodisiacs and the Fruit Fly.” Scientific American, https://blogs.scientificamerican.com/guest-blog/when-sparks-fly-aphrodisiacs-and-the-fruit-fly/

Esquivel, Laura. Like Water for Chocolate. Doubleday, 1989.

Hadhazy, Adam. “Do Pheromones Play a Role in Our Sex Lives?” Scientific American, https://www.scientificamerican.com/article/pheromones-sex-lives/

Like Water for Chocolate. Directed by Alfonso Arau, performances by Lumi Cavazos and Marco Leonardi, Miramax, 1992.

“LOVE SEXPLOSION Spanish Fly.” Amazon, https://www.amazon.com/Spanish-Fly-1-Natural-Aphrodisiac/dp/B073NPY7VF. Accessed 31 March 2020.  

O’Connor, Anahad. “The Claim: Chocolate Is An Aphrodisiac.” The New York Times, https://www.nytimes.com/2006/07/18/health/18real.html

Puri, Ravi, and Raman Puri. Natural Aphrodisiacs: Myth or Reality. Xlibris Corporation, 2011.

Rupp, Rebecca. “Sex and the Celery: Ancient Greeks Get Busy With Help From Veggies.” National Geographic, https://www.nationalgeographic.com/culture/food/the-plate/2014/05/20/sex-celery-ancient-greeks-get-busy-help-veggie/

Sage, Jessie. “Forget sexy-time foods, the best aphrodisiacs come from the real relationship work.” Pittsburgh City Paper, https://www.pghcitypaper.com/pittsburgh/forget-sexy-time-foods-the-best-aphrodisiacs-come-from-the-real-relationship-work/Content?oid=16090770

Shaw, Gina. “Aphrodisiac Foods: Real or Placebo Effect?” Berkeley Wellness, https://www.berkeleywellness.com/self-care/sexual-health/article/aphrodisiac-foods-real-or-placebo-effect

Te, Faith. Eggplant No. 2, Philippine Islands.

Magee, Elaine. “Aphrodisiacs: Fact or Fiction?” WebMD, https://www.webmd.com/sex/features/aphrodisiacs-fact-or-fiction#1

Malmed, Alexandra. “Love Potions: A Brief History of Aphrodisiacs.” Vogue, https://www.vogue.com/article/what-foods-are-aphrodisiacs-history

[momasarah]

Lucky Hand or Salep root is a hand-shaped root that comes from several species of orchids. It is becoming very difficult to find and when you do, it is almost always sold in a paper envelope which hides the actual contents from view. This root among the most powerful ingredients that can be added to a mojo bag or gris gris designed to increase gambling luck or occupational success. Sometimes called "salep" or "saloop" root or "five-finger root". This root protects from evil, protects during travel, brings travel through employment, brings love, wins at gambling and lottery, brings better business, gets employment, and brings success to your endeavors. The ancient "doctrine of signatures" dictates that objects in nature reveal their magical or medicinal uses through their form and colour. Thus, the light to medium brown, multi-fingered Lucky Hand root is thought to have special provenance over "all the things that five fingers can do." For this reason a Lucky Hand root may be carried by those who play the lottery, bet on horses, play cards, or partake in any other form of gambling.  Lucky Hand is highly beneficial to others who wish to increase their edge and success by subtle manipulation of the tools of their trade. Perfect for finding employment or getting ahead in your job Do your hoodoo- When combined with five-finger grass, a John the Conqueror root to increase personal power and mastery, and a lodestone dressed with magnetic sand to bring in the winnings, the Lucky Hand root simply cannot be beaten, according to its devotees. If you would like this mojo, please contact me! It will have a permanent home here soon at Conjured Cardea! For personal power place a Lucky Hand Root along with a John the Conqueror Root in your mojo/conjure bag. While reciting Psalm 23, hold the root while praying for what you need or wish to obtain. *The picture is an example. You will receive ONE ROOT. https://shop.conjuredcardea.com/LARGE-Lucky-Hand-Root-Luck-Business-Money-Protection-Love-lrglhr.htm https://www.instagram.com/p/B3VeK9tnrfs/?igshid=1e18njbi142gn

[ryankpowell]

FAQs For IP Practitioners Who Receive A Request For Information and Evidence Under 37 CFR 11.22(f) From USPTO/OED

I am frequently contacted by patent and trademark practitioners who have been served with a “Request for Information and Evidence Under 37 C.F.R. 11.22(f)” from the Director of the Office of Enrollment and Discipline (OED) of the U.S. Patent and Trademark Office (PTO).   In Fiscal Year 2018, the OED Director issued over 100 such “Requests” (also referred to as “RFIs”).  Some clients come to me after they have already answered an RFI on their own and have subsequently received a second or follow-up RFI.  The vast majority of my clients–and I have represented over 100 patent attorneys, patent agents and trademark attorneys in OED ethics investigations–prefer to be represented from the start.

I have culled from my experience a list of some of the most frequently asked questions for those clients who are new to the OED investigatory process.  I attempt to answer those below.  In addition, I suggest that you read my 2017 article, “You Just Received an OED Bar Grievance.  Now What?” (click here).

FAQs About Responding to OED Request for Information Under 37 C.F.R. 11.22(f)

What is an RFI?

A “request for information and evidence” is a document that is drafted by the staff attorneys of the OED to aid in their determination of whether the recipient or another practitioner may have engaged in unethical conduct.  The RFI itself is drafted in the form of a letter.  The letter is always sent by certified mail, return receipt requested.

The “typical” RFI includes three parts: (1) a statement or narrative summary of alleged facts “under consideration”; (2) a list of written questions and demands for relevant documentation (similar in substance and style to Rule 33 interrogatories and Rule 34 document requests in litigation); and (3) a brief summary of the USPTO’s ethics rules that may be implicated by the conduct described in the factual allegations.

Why am I receiving an RFI?

The predicate for issuance of an RFI is the receipt by the OED Director of a “grievance” regarding a specified patent or trademark practitioner.  In PTO-speak, a “grievance” means “a written submission from any source received by the OED Director that presents possible grounds for discipline of a specified practitioner.”  See 37 C.F.R. 11.1.  A “grievance” may include a formal written complaint that someone (often a client or another practitioner) files with the OED Director, although “grievances” are much broader than simply traditional bar complaints.  “A written submission from any source” can include, for example, newspaper and journal articles, such as an article posted in IP 360, court decisions, and referrals from a member of the patent or trademark examining corps.

Essentially, a grievance can be anything as long as it is written, it identifies a specific practitioner, and it identifies conduct that, if proven, presents “possible” grounds that the practitioner violated one or more of the USPTO’s ethics rules.  Even anonymous grievances are accepted and there is no oath requirement, fee, or other formality that must be met for a written complaint to rise to the level of a “grievance.”

What does issuance of an RFI mean?

Not every complaint against an IP practitioner rises to the level of a “grievance.”  The OED receives hundreds of complaints about alleged practitioner misconduct each year.  When it receives a complaint, it first vets the complaint to determine if the complaint involves someone within the OED’s disciplinary jurisdiction and whether that person’s conduct is the type of behavior that the ethics rules of the USPTO are designed to remedy.

The OED, for example, often weeds out private matters, such as mill run attorney-client fee disputes that do not raise issues of blatant over-billing, incompetency, or fraud.  If OED screens out a complaint, it will typically report to the complaining party (assuming one can be readily identified) to thank them for the information and advise them the matter is not being investigated.  Non-investigated complaints do not get reported to the practitioner, so a practitioner may never know that a complaint had been filed against him or her.

When the OED issues an RFI, it means that the matter has past the OED initial screening process.  The OED has thus made a preliminary assessment that the facts alleged in the complaint–assuming they are true and can be proven–may warrant a conclusion that a specifically identified patent or trademark practitioner may have violated at least one of the USPTO’s Rules of Professional Conduct.

Must I respond to the RFI?

Yes.  While it is captioned a “request” for information, it is more accurate to say that the RFI is a “demand” for information.  Indeed, practitioners have an independent ethical duty to “cooperate with the Office of Enrollment and Discipline in an investigation of any matter before it.”  See 37 C.F.R. 11.801(b).  Thus, even if the underlying facts or law involved in the “grievance” are without merit, a practitioner can still be disciplined independently if it is found the practitioner failed to cooperate with the OED’s investigation.

When must I respond to the RFI?

The RFI itself sets forth a deadline for responding.  Typically, first RFIs have a 30-day written response period, although some RFIs may demand a faster response period depending upon the circumstances.  Notably, the response deadline is calculated from the date stamped on the RFI itself–which may be one or two weeks before the practitioner actually receives it.  In other words, two weeks of a one-month clock may have already run without the practitioner’s knowledge.  This could create angst in preparing a response.

If the practitioner cannot make the deadline, then the onus is on the practitioner to contact the OED in a timely manner (usually seven days prior to the response deadline) to request an extension of time.  Not all extension requests are granted, and sometimes the OED will ask for the practitioner to provide partial answers by the deadline with the balance due by the agreed-upon extension date.  Extensions of time are a matter of privilege, and the OED Director has wide latitude in granting extension requests and imposing conditions for an extension of time.  A recipient of an RFI who needs more time would be wise to provide the OED Director with a detailed explanation of the reasons why more time is required.  Some of the more common reasons justifying an RFI response extension include the practitioner’s (or their counsel’s) travel, lack of availability due to preexisting work or family obligations, health issues, trials and hearings, delay in receiving the RFI, and the practitioner’s need for time to engage counsel.

What should an RFI response look like? 

No style guidelines exist for responding to an RFI.  It just has to be in writing–but it does not even need to be typed.  I have seen responses that are captioned like pleadings, legal briefs, or discovery responses.  Many responses are in the form of a letter.  The only real formality is the requirement that the response be “wet signed” when filed–either by the practitioner being investigated (if not represented by counsel) or by the practitioner’s OED defense counsel.  The signature is not under penalty of perjury.  The OED is not picky about the formatting of the response and is more interested in its substance, including whether the information being provided is responsive to the requests.

A practitioner may wish to volunteer information to the OED that the request does not expressly call for.  There are strategic considerations involved in deciding whether or what type of information to volunteer to the OED.

Whatever information you decide to provide, the single most important thing to remember is that the response must be truthful.  OED will seek to verify the information provided, and discrepancies may be a cause for concern–including further investigation.  The OED does not suffer kindly those whom it believes have misled them in an ethics investigation.

May I withhold information from OED?

That is one of the trickiest questions clients face when determining how much information to provide.  Often times RFIs call for information or documents that are protected by the attorney-client privilege and/or work product immunity doctrine.  There is no bar counsel response exception to the attorney-client privilege.  Practitioners therefore must give careful consideration to whether they may produce and rely upon privileged information, or whether they are obliged to maintain the privilege.  One must consider what affects a waiver of privilege might have and whether counsel under investigation may overcome a client’s privilege if necessary for the lawyer to defend themselves in an ethics investigation.

For example, in a matter where a current or former client is the grieving party, a practitioner has a right of self-defense and is generally free to rely upon what would otherwise be privileged communications in order to defend themselves in the OED investigation.  But many other investigations are not prompted by a client grievance.  Whether a practitioner can, or should, waive a non-grieving client’s right of confidentiality or privilege normally requires a case-specific analysis of the relevant facts and law.

Can I challenge the scope or legality of the investigation?

In litigation when a person receives an improper discovery request, they have a ready available remedy: they can seek review by an independent judicial officer, who will resolve the matter and the parties will be bound by the court’s ruling.

No judicial officer exists to police the OED Director, who is only permitted to make a “reasonable inquiry” into the matter.  If a practitioner believes the OED Director’s inquiry is unreasonable, his or her “remedy” is to first file a petition with the very person who issued the inquiry at issue:  the OED Director.  See 37 CFR 11.2(b)(e).

Once that petition is denied (assume it will be), the practitioner must then file a second petition–this one to the USPTO Director to exercise his supervisory authority “in appropriate circumstances in disciplinary matters.”  It can take several months for the petitions’ process to work its way through the system.  A decision by the PTO Director denying a practitioner’s petition for review constitutes a “final agency action” which may then be reviewed by a federal district court judge.

In other words, the path to review by a judicial officer is as slow as it is burdensome, and it can be many months before a judicial officer has the opportunity to review what is essentially a discovery request.  Thus, while it is possible to challenge the scope and reasonableness of an ethics investigation, care must be taken to ensure that proper internal remedies are exhausted before seeking review by a district court judge.

To whom must I report the OED investigation?

OED ethics investigations are protected by the federal Privacy Act.  Indeed, because of the Privacy Act, the OED is prohibited from disclosing to the public–including clients–the facts involved, legal issues, or even the existence of a grievance or ethics investigation.

Still, practitioners who are employed may be required under the terms of their employment to disclose the grievance–especially if the grievance arises from the lawyer’s provision of legal services.  Moreover, some practitioners have malpractice insurance that may provide coverage for the cost of ethics defense counsel, and if counsel owes a duty to report an ethics inquiry to their malpractice carrier depends upon the terms of the applicable insurance policy.

What will OED do when it receives my response?

The first step is for the OED to docket and review the response.  The staff attorney is going to determine if the response has actually answered the questions in the RFI.  A sure fire way to receive a second, or follow-up, RFI is by failing to respond fully to the questions in an initial RFI.

In addition, the staff attorney is going to be trying to verify the positions asserted in the response.  The OED staff attorneys are pretty good detectives when it comes to finding alleged inaccuracies in an RFI response or inconsistencies between a response and other information.  The OED will need to decide, normally within the first couple of months after receiving a practitioner’s response, whether to issue a second or subsequent RFI.  It is not at all unusual for the OED staff to issue multiple RFIs in a given investigation.

The OED may use the information in the responses to determine what are the relevant facts.  They will be asking:  What facts are undisputed?  What facts disputed?  If there is a dispute of fact,  what is the evidence on both sides of the dispute?  Is the dispute material?  What if any disciplinary rules were violated by the practitioner?  Is there evidence of aggravating circumstances or mitigating circumstances?  And what is the appropriate disposition of the matter?

Once the OED staff attorney has concluded his or her investigation, they will memorialize their findings and report their recommendations in a written memorandum to the OED leadership.  The OED Director and his advisors will utilize this information in determining whether to close the investigation or proceed to filing a disciplinary complaint against the practitioner.

Should I agree to be interviewed by OED?

Most OED investigations are conducted solely in writing.  Some staff attorneys of the OED may request that the practitioner “volunteer” to participate in a face-to-face or telephonic interview.  Practitioners who are on the receiving end of such “requests” often feel that participating in an oral interview is mandatory, and the OED likes to remind them about their duty of cooperation when making such requests.  However compulsive they may sound, attendance at an OED interview (just like will all business with the USPTO) “is unnecessary” and the business of the Office “should be transacted in writing.”  37 CFR 1.2.

That is not to say that practitioners should not participate in OED interviews.  Whether a practitioner should or should not agree to be interviewed by the OED is a decision to be made on a case-by-case basis, considering the risks, the potential of causing more harm than good, and the possible “upside” especially for someone who is at low risk for discipline and who will otherwise present themselves credibly to the OED staff.

Should I permit OED to contact my clients?

Not infrequently OED will ask for permission to contact clients who have not filed a complaint with the bar counsel over the practitioner’s conduct.  This request raises another strategic concern for the practitioner facing the request.  On the one hand, practitioners want to be helpful in cooperating fully with the OED investigation.  On the other hand, practitioners are (rightly) concerned of the potential for reputational harm or interference with their relationships with clients who receive unexpected phone calls from ethics counsel of the USPTO about their own attorney.  Practitioners faced with such a Hobson’s Choice should consider the advantages and disadvantages of acceding to such a request in the context of the specific facts of their matter.

How will the investigation end?

An OED investigation can end in one of four ways.

The OED can terminate the investigation with no further action–the file is closed.  That is considered the “best” result from a practitioner’s standpoint.

The next best termination is a termination of investigation with a private, non-disciplinary “warning” letter.  The OED likes to utilize such letters in cases where the facts or law do not necessarily add up to a strong case of an ethics violation but the matter is not entirely free from doubt.  Such warning letters are used to provide reminders to practitioners regarding what rules are implicated by their conduct and to sensitize the practitioner to the ethics issues.

A third way for an OED investigation to terminate is by filing a disciplinary complaint against the practitioner.  The complaint, which looks like a civil or criminal complaint filed in a court action, is assigned to an administrative law judge for a merits hearing with live witness testimony.  A disciplinary complaint is filed in cases involving generally more serious conduct.

A final way an investigation is terminated is by the practitioner and the OED Director entering into a “settlement” agreement.  A settlement agreement, which can be entered into before or after a disciplinary complaint is filed, finally adjudicates the matters addressed with the practitioner and OED Director agreeing to some form of public sanction–either a public reprimand, a suspension from practice before the Office for a period of time, or an order “excluding” a practitioner from practice before the Office (akin to a disbarment).

How long will the investigation last?

OED investigations typically run between six and twelve months.

Should I represent myself?

That is not a good question to ask an OED defense attorney with three kids and a mortgage.  But aside from my own self interest, I understand that some individuals have represented themselves before the OED and have done just fine.  Still, even the existence of an ethics investigation can cause extreme anxiety.  Some practitioners have neither the time nor the stomach for dealing with a government regulator who has the power to strip them of their ability to earn a living.

If can be difficult for a practitioner who is not knowledgeable about the PTO’s disciplinary rules and jurisprudence to spot the ethics issues, objectively assess their own conduct, objectively review the evidence against them, or understand the bounds of their legal exposure.  Thus, as with any legal representation, those who choose to represent themselves should proceed cautiously and understand that everything they say and do before the OED may be used against them.

  source https://www.ipethicslaw.com/faqs-for-ip-practitioners-who-receive-a-request-for-information-and-evidence-under-37-cfr-11-22f-from-uspto-oed/