Ka Nefer Nefer Case Resumes After Lengthy Hiatus

St. Louis Art Museum
Lawyers for the St. Louis Art Museum (SLAM) filed a sur-reply last week in the case of U.S. v. Mask of Ka Nefer Nefer after activity in the case--at least with regard to legal filings--abruptly ended in August 2011.  SLAM submitted its pleading to the eastern district federal court in Missouri.  The court submission comments on the running dispute about whether the museum has legal standing to remain in the case.

The government filed a claim in March 2011 to forfeit the mask of Ka Nefer Nefer located at SLAM.  The 19th Dynasty Egyptian mummy mask of a noblewoman is alleged by the government to have been stolen from Egypt.

The government's forfeiture action was a response to SLAM's legal effort in February 2011 to quiet the title of the mask so that the museum potentially could own the artifact without worry.  In July 2011, federal lawyers filed a motion to knock SLAM off the forfeiture case, arguing that the museum could make no colorable legal claim to ownership because the mask is a stolen object.  The motion to strike SLAM from the case set off a volley of legal pleadings related to whether the Ka Nefer Nefer mask is contraband.  The federal government argued that possession of the mask was akin to possessing cocaine, which is illegal.

After a long absence of legal submissions, SLAM's most recent sur-reply picks up the argument once again.  The museum charges that it "has consistently taken the position that the Government’s claim is barred from the outset by the statute of limitations and that its forfeiture claim must fail because the Government is unable to prove the Mask was stolen. In raising the arguments it does, the Government is attempting to delay or avoid the consideration of those questions by confusing the standard for constitutional standing and making the bizarre suggestion that the Court pretend that the Museum claims an interest 'not of a centuries old Egyptian mask, but rather a kilogram of cocaine.'  In doing so, the Government so muddles and confuses the term 'contraband,' and the significance that the term carries, that some clarification is necessary." (citations omitted).

SLAM adds that the mummy mask is not contraband per se (such as illegal drugs) "as [artifacts] may be lawfully owned and become contraband only based on a connection with a criminal act."  Relying on U.S. v. Jeffers, 342 U.S. 48, 52-54 (1951), the museum asserts that "[t]he Supreme Court has recognized that, in the absence of a law foreclosing property rights, artifacts can be privately owned."

SLAM criticizes the government, saying that "[t]he Government’s evolving positions with respect to the ownership issue seem to be at war with themselves."  The museum argues that Egypt's patrimony law, which claims ownership of cultural objects found on its soil, is argued by the government to be a law granting private ownership in one pleading and alternatively, in another pleading,  a law that restricts private ownership.

SLAM concludes by reasserting that it has made a colorable claim to ownership to the mummy mask.

The government filed papers on March 28, 2012 for leave to reply to the sur-reply.

CONTACT: http://www.culturalheritagelawyer.com/

"Bullying" Is Becoming Part of the Zeitgeist

Early in the second year of writing this blog, I had what I think was my first recognition of bullying as an "issue" in the employment law world, Can't Wait for Bullying Cause of Action. That was now nine years ago.

I was struck by just how far the concept of bullying has come, not necessarily in the law of employment, but in society as a whole, by the first two featured blog posts in today's Huffington Post's Daily Brief:
Marlo Thomas: Bully: The Year's Most Important Film
Even if you have to drive across state lines to see Bully, your kids need to be in the audience. Whether you know it or not, they may be among the 13 million American children affected by bullying every year. For them, this is more than just a movie. It is real life.
Bob Cesca: Right-Wing Bullies Continue to Attack Children
It's difficult to assign psychological motive when it comes to political tactics, but based upon the collective behavior of far-right conservative Republicans, we can only deduce that a considerable number of them are bullies and ought to be treated as such.
While it is true that the so called anti-bullying law has yet to pass in a single legislature, it is foolish on the part of those in the world of employment law who think that it is a bad thing, to believe given the progress of this concept in our society as a whole, that it is not coming.

For those, like me, who think that the passage of this legislation would be an unmitigated disaster for employers and ultimately employees (albeit a real boon for those of us who make our living on employment litigation), the prescription is not to ignore the trend, but to make sure that conduct which can be perceived as bullying is addresssed promptly and quickly, not because it is illegal, but because it is both wrong and bad business.

My hope is that  this post will, as so many (all?) of the posts that have preceded it over the years have done, just fade into oblivion, noticed by few and remembered by none.

My fear is that 10, 20 years from  now, through the magic of google or some future research tool that we don't even know about yet, it will be dredged up and someone will say, you know he had a good point, we should have listened.

Rubin v. Iran Cases Move Forward in First Circuit and U.S. Supreme Court

Photo credit: Alborzagros.  CC.
Jenny Rubin and others hurt by a 1997 terrorist attack in Israel filed a 92 page brief yesterday in the First Circuit Court of Appeals.  Rubin et al. v. Islamic Republic of Iran v. Museum of Fine Arts and Harvard University et al. is a case where the appellants seek to enforce a judgment awarded to them under the Terrorism Risk Insurance Act of 2002 (TRIA) by acquiring cultural artifacts claimed to be owned by Iran.  The objects sought are located in Boston and Cambridge, Massachusetts.  Meanwhile, Rubin et al. have also filed an appeal of their Seventh Circuit court case with the U.S. Supreme Court. That case involves an attempt to attach objects located at museums in Chicago.

Hamas carried out multiple suicide bombings on September 4, 1997.  The Rubin plaintiffs sued under the Foreign Sovereign Immunities Act (FSIA) in the United States District Court for the District of Columbia against Iran, and the court found that Iran supported Hamas’ terrorist efforts.  It ruled in the plaintiffs’ favor and awarded money damages.

To collect the judgment against Iran, Rubin et al. sought to attach Iranian assets located in the United States.  They attempted to attach artifacts held at the Boston Museum of Fine Arts (MFA), Harvard’s several museums, the Oriental Institute at the University of Chicago, and the Chicago Field Museum.  The museums in the Boston and Cambridge objected, fighting the case in federal district court in Massachusetts.  The Chicago based institutions battled the case in the federal court in the northern district of Illinois, and later the Seventh Circuit Court of Appeals.

The Seventh Circuit on March 29, 2011 sent the case back to the district court in Illinois for review.  But the Rubin appellants petitioned the U.S. Supreme Court for a writ of certiorari (i.e. a review by the higher court).  Briefs were filed in the Supreme Court (docket 11-431) by both the University of Chicago and Iran on January 6.  Jenny Rubin et al. filed a reply brief on January 18.  There was a waiver of the Field Museum’s response filed on January 4.  The Supreme Court on February 21 invited the Solicitor General to file the U.S. government’s position in the case.  It has not been submitted to the court thus far.

In Massachusetts, meanwhile, the district court ruled on September 25, 2011 to grant the MFA’s and Harvard’s motions to dismiss the case.  Jenny Rubin et al. then brought the matter before the First Circuit Court of Appeals.  They filed an appellate brief on March 28, 2012, arguing three primary issues.

First, the appellants argue that TRIA preempts all other federal and state laws because the case involves the enforcement of judgments by victims of a terrorist attack.  Their brief states:

“Pursuant to TRIA, and Treasury Regulations set forth at 31 CFR §535.201, governing collection actions on behalf of victims of state sponsored terrorism, any interest that Iran retains in the Iranian objects in Harvard and the MFA’s collection is subject to levy by the Appellants. Due to federal preemption by TRIA and 31 CFR §535.201 of any inconsistent state laws, neither Harvard nor the MFA can rely on any conflicting state laws such as those imposing statutes of limitation or governing adverse possession claims to bar or otherwise defeat the Appellants’ right to attach and levy on objects of Iranian origin in each of their possession in which Iran retains any interest.”

Second, the appellants say that Iran maintains an interest in the artifacts at the museums in Massachusetts.  The appellants claim that “[t]he Iranian government has always retained a private ownership interest in artifacts from Persepolis, the former capital of the Persian Empire. For the thousands of years beginning in the reign of Darius, this historic site has never been privately owned and always has been the sole property of the government of Persia and subsequently Iran. In addition, pursuant to the Persian Law Concerning the Preservation of National Antiquities (the “1930 Law”) enacted and in effect since November 3, 1930, all antiquities in Iran, whether movable or immovable, created up through 1794, the end of the Zand Dynasty, fall under the protection, control and ownership of the Iranian government.”

Third, the appellants argue that Iranian law gives Iran an interest in its antiquities unless that country gave a specific license.  They allege that the museums cannot demonstrate that any licenses were given.  The appellants’ brief argues:

“With the exception of objects removed from Persepolis . . .which have always been owned by the Persian government, other antiquities removed from Persia prior to November 3, 1930, were not recognized as owned by Iran. Accordingly, the Appellants always have indicated that the order of garnishment against the MFA and Harvard does not encompass any artifacts of Persian origin, other than those from Persepolis, that provably were exported from Iran prior to November 3, 1930. Nor do the Appellants assert any claim to any artifact from Iran acquired either by Harvard or by the MFA or on loan to either obtained from excavations by scientific expeditions to Iran occurring on or after November 3, 1930, if the holder Museum’s documentation as to the artifact establishes that the Museum acquired each such antiquity as part of the share of a “division” of finds assigned to a scientific archeological expedition as approved by the Persian/Iranian government and as required by the 1930 Law. Similarly, with respect to antiquities exported from Iran as a seller’s purported private property, the 1930 Law vests the government of Iran with an automatic 50 percent interest in all objects found in Iran on or after November 3, 1930. As to antiquities provably in private hands as of the enactment of the 1930 Law, the government is vested with a right of first refusal to acquire the object and a right to seize and confiscate the object if the seller attempts to circumvent his obligation to secure an export permit from the government, which if obtained, requires payment of an export duty equal to five percent of the value of the object as calculated by government appraisers.”

“Without documentary proof that an artifact was assigned to the scientific expedition or that the Iranian government approved the export of purportedly privately held property, Iran retains an interest in all objects under the 1930 Law that is subject to levy by the Appellants pursuant to TRIA.”

The appellees in the case are expected to file their reply shortly.

Mediation Extended in Getty and Armenian Church Zeyt'un Gospel Case

  
Gospel page located at the Matenadaran.
The J. Paul Getty Museum and the Western Prelacy of the Armenian Apostolic Church have agreed to extend the mediation deadline in their dispute over possession of the Zeyt’un Gospel pages. The church sued the Getty in Los Angeles County Superior Court in 2010, charging that the museum obtained stolen property. The church seeks the return of seven pages, parts of an illuminated Bible created in 1256 and currently located in Armenia.

On November 3, 2011 the court ordered the parties to mediate, scheduling a review hearing for March 2012. The Getty and the church later filed a stipulation with the court to extend the mediation deadline to April 27 and to schedule the review hearing for May 4. The stipulation states: "The parties were unable to agree upon a mediator.  Accordingly, on December 16, 2011 the Court ordered the parties to agree upon a different timeline for the completion of mediation."

CONTACT: www.culturalheritagelawyer.com

ENDA "Lite" On the Way?

Federal legislative action in employment law matters, actually on most things, is pretty much a non-starter these days.  But that does not mean that there is no potential for continuing developments, witness the firestorm of attention that the NLRB has received of late.

ENDA, the legislation which would extendTitle VII type protection to gays, lesbians and depending on the version of the bill, transgendered individuals, is one piece of legislation that all the pundits had predicted was most likely to pass following Obama's election in 2008. But it too has stalled.

Now a partial step could be imminent, with news that the Administration is considering an Executive Order that would extend such protections to employees of federal contractors, either with a separate Executive Order or amending the venerable Executive Order 11246.

The Advocate gets down into the political nitty-gritty on the chances of such action being taken as it appears that it been cleared at the department level, and the decision is now, or soon will be, on President Obama's desk. See, Gatekeepers of the Employment Executive Order.

According to the article, via an Executive Order 20% of the civilian workforce would be covered by such an action.

Phethean-Hubble v Coles. The Court of Appeal and a potentially revolutionary approach to causation

A year ago I commented upon the decision of HHJ Wilcox in Phethean-Hubble v Coles.  The Court of Appeal have now handed down their Judgment on Sam Coles's appeal against the finding that he was two thirds to blame for the collision which resulted in serious injury to Tobias Phethean-Hubble.

I set out the facts in my earlier commentary on HHJ Wilcox's Judgment.  In brief summary the facts and findings of the trial judge were as follows:
1.  Tobias (age 16) had been riding his bicycle at night without lights, and without helmet,  along the pavement of a long straight road with street lights, with one carriageway in each direction and with a speed limit of 30mph.
2.  Sam (age 17) was driving his mother's car in the same direction at a speed of 35mph.
3. Tobias left the pavement at an angle in order to cross to the pavement on the other side of the road.  He rode into the path of the car and a collision occurred about 1.5 metres from the kerb.
4. At the speed at which Sam was travelling there was no chance of avoiding the collision.
5. Sam had seen Tobias on the pavement and should have anticipated that he might move into the road and should have moderated his speed to 3 or 4 mph below the speed limit.
6. That reduced speed would have resulted in a greater likelihood of avoiding the collision or reducing the severity of Tobias's injuries.
7. The non-use of bicycle lights or a cycle helmet made no difference to the collision or its consequences.

In the Court of Appeal, both sides appealed the Judge's findings as to Sam's speed (though the Claimant's argument that the finding should have been of faster speed was more muted than the Defendant's that the finding should have been slower).  Sam had originally told the police that his speed was 'about 35mph'  [My comment: an odd thing to say to a police officer about your speed in a 30 mph area if, as subsequently claimed he was in fact travelling at 30 mph, unless there is some cultural norm among motorists that a few miles an hour over a speed limit is really quite acceptable].  Perhaps therefore it is not surprising that (whatever the problems with trying to cross check this with the physical evidence) this finding was upheld.

Next, the Defendant attacked the Judge's finding that a safe speed in the circumstances was 26/27 mph.  Again, though with 'considerable anxiety' the Court of Appeal upheld this finding.  [My comment:  it would have been an easier finding had the Judge been more, rather than less, ambitious.  In the context of his finding that Sam should have anticipated that Tobias might ride into the road, slowing to 20mph might have made some meaningful difference.  The Court's anxiety appears to have related to this fine tuning of a figure so close to the speed limit.  But this perhaps endows the speed limit with too much importance.  The determination of a safe speed depends upon the circumstances; it will very often be slower than the limit (and even according to some of the older cases higher than the speed limit).  At all event the Judge's finding was that Sam should have been going some 20% slower than he was].

The next point was the one of greatest danger for Tobias; that was, would the slower speed have made any difference.  The Judge had, at best, expressed himself unsatisfactorily when talking about 'likelihoods'  when our law of causation requires these matters to be determined on the balance of probabilities.  The finding more happily expressed would be that it is more likely than not that had Sam been travelling at 26/27 mph, the collision would not have happened.  The Court of Appeal accepted that that is what the Judge meant and upheld his decision that Sam's excessive speed had caused Tobias's injuries.  Perhaps the most important observation to be derived from this case is that the burden of proving that Tobias's injuries would have been of similar severity even had Sam been travelling at a safe speed rested on the Defendant.  Once the Claimant had established that the Defendant was in breach of his duty of care and that the Claimant had sustained an injury of the kind likely to be caused by that breach then it is incumbent upon the Defendant to disprove causation.  That is potentially a significant development of the law which may be of real assistance to cyclists (and other injured Claimants).

Finally the Defendant appealed the Judge's finding that the level of contributory negligence should be one-third.  The Judge had said that the degree of contributory negligence would have been one half but that it was just and equitable to reduce it because of Tobias's age.  The Court of Appeal agreed with the Defendant that there was no reason to treat Tobias as if he were anything other than an adult in this respect and allowed the appeal to the extent of increasing the contributory negligence from one third to one half.

Why You Spell Out Amounts in Agreement

Since I try to avoid legalese where ever possible and eliminate as much unnecessary verbiage from agreements I prepare, I frequently look at the spelling out of dollar amounts, followed by the numerical sum in parentheses, "ten thousand dollars, ($10,000.00), and wonder if we couldn't just eliminate one of those.

But then I see a story like,  JPMorgan Sued by Trader Over $3 Million Decimal Point, where there is a difference of opinion as to whether an investment banker was hired for a salary of 2.4 million rand as JP Morgan argues, or 24 million rand, as apparently the contract actually reads.

Since that's almost a million dollars difference ($920,000 according to the Bloomberg article) it seems likely that the banker might have known it was the lower figure, but to see who prevails we will have to wait and see how the British court rules.

One thing however, the next time I consider dropping the writing out of the amount in question, followed by a parenthetical re-stating of the amount; I will certainly give even less thought to dropping one or the other than I have in the past.

Update (3.26.12):  Some proof reader at JP Morgan is likely breathing a sigh of relief as the British Judge trying this case ruled in favor of JP Morgan today.  See Bloomberg's coverage here.  And in something that happens over the pond, but not here at home, the employee who brought the suit not only will get nothing, but in fact will have to pay 85,000 British pounds.  And no, there's no misplaced decimal there.

The Weiss Ancient Coin Prosecution and What to Watch For

Federal prosecutions involving international theft or trafficking of cultural objects are rare.  State prosecutions are novel.  That is why the current case against Arnold-Peter Weiss, involving New York state law, is worth watching.

Authorities arrested Dr. Arnold-Peter C. Weiss in January for allegedly attempting to sell an ancient coin claimed to belong to Italy.  A New York County District Attorney's investigator alleges that he saw Weiss possess a Tetradrachm and observed Weiss offer the ancient silver coin for sale at the Waldorf-Astoria Hotel for $300,000.  The attempted sale took place at the 40th annual New York International Numismatic Convention.

A past New York prosecution involving cultural artifacts is the famous case of U.S. v. Frederick Schultz.  That federal case resulted in the conviction of a widely know Manhattan art dealer for conspiracy to violate the National Stolen Property Act (NSPA).  The evidence showed that Schultz was part of a scheme that trafficked antiquities from Egypt, to England, and then to the United States.  The case applied federal law, argued by federal prosecutors, who litigated in federal courts.  The current case against Weiss involves state law prosecuted by a state district attorney in a state court.

Weiss is reportedly charged with violating Criminal Posession of Stolen Property (CPSP) statue, New York Penal Law 165.52.  The charge is a class “C” felony punishable by up to a maximum of 15 years in prison. The statute reads: "A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.” A person charged with a crime is innocent unless proven guilty by proof beyond a reasonable doubt in a court of law.

Matthew Bogdanos
Chasing Aphrodite reports that Attorney Matthew Bogdanos is the prosecutor assigned to the case. Holding a masters in classical studies from Columbia University  and serving as the Marine Corps colonel who investigated the looting of the Iraq National Museum in Baghdad, Bogdanos is a person familiar with cultural heritage matters.

States are the traditional venues where property issues are handled.  State courts regularly handle claims of title to property as well as stolen property prosecutions.  Moreover, the states have well developed laws on the books covering property crimes, which articulate generally accepted common law property principles.

Two issues to look out for as the Weiss case moves forward in the New York State criminal justice system include the following:

Criminal knowledge
The New York law, like many state receiving stolen property statutes, requires the prosecution to prove that a defendant have two mental states: knowingly and intentionally.  The prosecution must prove that a person knowingly was in possession of stolen property and that the defendant intended to benefit himself or another from that possession or intended to impede the recovery by the owner of the property.  "Knowingly" in this context means that the person was aware that the property was stolen.  "Intent" means that it was the person's conscious object to benefit himself or another or to impede recovery of the property by the true owner.

About 1/4 of the states, including New York, have laws that presume criminal knowledge in certain circumstances. New York Penal Law 165.55 states: "A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof."  The statute also presumes criminal knowledge for certain property dealers: "[A] person in the business of buying, selling, or otherwise dealing in property who possesses stolen property is presumed to know that such property was stolen if he obtained it without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess it."

The federal NSPA does not articulate the presumptions contained in New York's CPSP.  However, the appeals court in Schultz supported the application of a widely adopted principle of law known as conscious avoidance, willful ignorance, or the ostrich rule.  "[A] defendant may not purposefully remain ignorant of either the facts or the law in order to avoid the consequences of the law," is the rule as explained in the instruction given to the jury in the Schultz case.  This ostrich instruction has been used in other cases too, including the Enron fraud prosecutions in 2006 against Jeffrey Skilling and Kenneth Lay.  The CPSP statute takes the ostrich rule further by articulating the presumptions described above, and a jury may--not must--infer guilty knowledge based on the applicable presumptions.   Of particular interest in the Weiss case will be whether the dealer presumption is invoked by the prosecution.

Stolen property
The Schultz case spent much time resolving whether Egypt's patrimony law declaring ownership over cultural objects was sufficient to give valid legal title to another such that Frederick Schultz was in knowing receipt of stolen property under U.S. law.  Both the jury and the appeals court answered affirmatively.  The Schultz Doctrine essentially holds that a person may be convicted for receipt of stolen property under the NSPA when a foreign patrimony law clearly declares ownership of the cultural object and the artifact stolen was after the date of the enactment of the patrimony law.  The Schultz Doctrine does not label as stolen a cultural object that simply was unlawfully exported from a foreign nation.  The foreign nation must declare clear title to the object, not just regulate its export.

New York's jury instruction regarding "stolen property " advises juries that it "is property that has been wrongfully taken, obtained, or withheld from an owner by a person who did so with the intent to deprive another of such property or to appropriate such property to himself or herself or a third person."  Latching on to the federal legal holding of Schultz, New York state prosecutors may cite the case as persuasive authority to assert that Weiss possessed "stolen property," arguing that Italy's patrimony law declares ownership of the ancient silver coin(s) allegedly possessed by Weiss.  Furthermore, the state prosecutors will likely also rely on  New York Penal Law 165.60, which says that it is no defense to a criminal possession of stolen property case that "the larceny [or theft, which is the term used in jury instructions] of the property did not occur in this state."

Italy's patrimony law, adopted in 1909 and renewed in 2004, is known as the Code of the Cultural and Landscape Heritage.  Articles 10, 91, and other provisions arguably define and declare ownership of cultural artifacts.  Article 91 states:

"The things indicated in article 10, found underground or in sea beds by whomsoever and howsoever, shall belong to the State and, depending on whether they be immovable or movable, shall become part of government property or of its inalienable assets, pursuant to articles 822 and 826 of the civil code."

Weiss' next court date is July 3, 2012.

Reference:
http://www.nycourts.gov/cji/2-PenalLaw/165/165-45(3).pdf

CONTACT: www.culturalheritagelawyer.com

Weiss Ancient Coins Prosecution Scheduled for July

Manhattan criminal courthouse.
Source: nyc.gov
Arnold-Peter Weiss's case was scheduled today in Manhattan. New York Criminal Court records show that Dr. Weiss's $200,000 cash bail was continued, and the next court date was set for July 3, 2012.  [JULY 2012 UPDATE: Click here for a description of what happened at the July 3 hearing].

Law enforcement officials charged the Rhode Island hand surgeon in January with Criminal Possession of Stolen Property over $50,000.  They arrested Weiss and seized two ancient Greek coins originating from Italy before the coins were sold at the International Numismatic Convention.  Weiss faces up to a maximum of 15 years in prison if convicted of the offense.

Because authorities charged Weiss with a felony crime, his case was to be reviewed by a grand jury.  Weiss, meanwhile, is presumed innocent.

Some possible legal issues to watch for in the case are discussed here.

CONTACT: www.culturalheritagelawyer.com

U.S. House Passes Foreign Cultural Exchange Jurisdictional Immunity Clarification Act


Congressman Steve Chabot
The U.S. House of Representatives by voice vote yesterday passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA).  The legislation seeks to protect foreign artwork on loan to American museums by clarifying a part of the Foreign Sovereign Immunities Act (FSIA).

The legislation was introduced by Judiciary Committee member Rep. Steve Chabot (R-OH) on February 24 and co-sponsored by Rep. John Conyers (D-MI), Rep. Lamar Smith (R-TX), and Rep. Steve Cohen (D-TX).  Their intent is to have a law that encourages more foreign lending of art to America without the fear of lawsuits.

Under the current federal statute known as Immunity from Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display (the Immunity from Seizure Act (IFSA), 22 U.S.C. § 2459), foreign lenders are encouraged to lend cultural objects to museums in the United States without risk that those objects will become targets of litigation while on American soil.  The statute protects imported objects determined by the State Department to be (1) of cultural significance, (2) intended for temporary, nonprofit exhibition, and (3) in the national interest.  Museums importing objects into the U.S. for temporary display must apply for this legal protection.  The notice of immunity is then published in the Federal Register.

The FSIA, meanwhile, is a law that generally protects foreign states from lawsuits.  The FSIA embodies a long held principle of American jurisprudence.  But the law has been interpreted to sometimes grant jurisdiction to the courts over foreign governments when their artwork is displayed in the U.S. because such loans are deemed “commercial activity.”  Specifically, 28 U.S.C. 1605(a)(3) of the FSIA states:

 “A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case . . . in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.”

By way of example, in the 2005 case of Malewicz v. City of Amsterdam the heirs of Kazimir Malevich sued Amsterdam in federal court in Washington, DC to either recover artworks that the city’s Stedelijk Museum loaned to American museums or to acquire $150 million in damages.  The heirs claimed that the foreign museum unlawfully obtained the paintings.  Amsterdam argued that the Immunity from Seizure Act protected it from a lawsuit, but the federal district court ruled that Amsterdam had engaged in “commercial activity” under the FSIA by loaning the art to American institutions.  While IFSA may protect artwork from seizure, the FSIA did not protect Amsterdam from related damages said the court.  So the lawsuit moved forward.

The FCEJICA was introduced in order to remedy potential conflicts between IFSA and the FSIA.  The bill adds a new section to the FSIA that protects foreign nations from lawsuits in American courts related to loaned artwork.  The bill that passed the Judiciary Committee on February 28 and the full House on March 19 states:

“If a work is imported into the United States from any foreign country pursuant to an agreement that provides for the temporary exhibition or display of such work entered into between a foreign state that it is the owner or custodian of such work and the United States or one or more cultural or educational institutions within the United States, [and] the President, or the President’s designee, has determined . . . that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest; and the notice thereof has been published . . . any activity in the United States of such foreign state, or of any carrier, that is associated with the temporary exhibition or display of such work shall not be considered to be commercial activity by such foreign state . . . .”

The bill adds that art stolen by the Nazis shall not be protected from legal claims filed in federal court.

A House report attached to the bill notes that "the intent of IFSA is being frustrated by the Foreign Sovereign Immunities Act (FSIA). Recent court decisions have interpreted a provision of FSIA in a manner that opens foreign governments up to the jurisdiction of U.S. courts if foreign government-owned artwork is present in the United States in connection with a commercial activity and there is a claim that the artwork was taken in violation of international law." The report adds: "This has led, in many instances, to foreign governments declining to export artwork and cultural objects to the United States for temporary exhibition or display. Future cultural exchanges may be seriously curtailed by foreign lenders' unwillingness to permit their artwork and other cultural objects to travel to the United States. In order to keep the exchange of foreign government-owned cultural objects flowing, this legislation clarifies the relationship between the immunity provided by IFSA and the exceptions to sovereign immunity provided for in FSIA."

The Congressional Budget Office reported that enactment of the legislation "would have no significant impact on the federal budget."

The bill now goes to the Senate for its consideration.

This link contains a video of Judiciary Committee Chairman Rep. Lamar Smith's remarks on the floor of the House.

Metropolitan Police Consultation - The results

raised the Metropolitan Police Consultation exercise last October.  I have now received an email thanking me for my contribution and enclosing a Newsletter.  This indicates the Metropolitan Police's priorities and what they are doing about them.  Disappointingly, unless you can count running down cyclists as 'anti social behaviour' (top of the list) then there is not a mention anywhere of tackling the danger imposed by some motorists.
On the other hand 'anti social behaviour' probably can be interpreted as including such matters as riding a bicyle on the pavement or banging the side of a vehicle that has just put you in danger.  The newsletter endows ASB with its own acronym but does not really indicate what it is.  Some clues are I suppose to be found here.
It is disappointing that bad and aggressive driving does not feature anywhere.

Arbitration (Is Not the Same as) Courts of Conciliation

In my first year of law school at the University of Texas, we had a class called "Introduction to the Study of Law." My section was taught by Professor Leon Lebowitz, one of the nicest profs at the law school, and a really good Business Associations, Securities Regs professor. Intro, at least I remember it, was known best for its endless discussions about the "forms of actions" which of course were purely historical relics even at the time.   (For some reason trespass de bona asportatis sticks in my mind, how scary is that?)

I felt I was transported back to the fall of 1972 as I read Stuck in Arbitration, an op-ed piece by Professor Amalia D. Kessler of Stanford University that appeared in last week's New York Times.  Professor Kessler wrote about a failed attempt in the United States in the mid-19th century to create "conciliation courts," which she described as:
widely adopted throughout Europe and its colonies during the late 18th and early 19th centuries, these were institutions composed of respected community leaders seeking to persuade disputants to accept an equitable compromise in secret, lawyer-free proceedings and without regard to the formal rule of law.
When she described this as a "nearly forgotten debate" I think she was being far too kind, as I doubt that there is almost anyone who is familiar with it. (Although I wouldn't have been surprised if Professor Lebowitz knew!)

What is a stretch though is her comparison of Courts of Conciliation to modern day arbitration and her plea for Congress to pass The Arbitration Fairness Act.  Reading between the lines, I am not sure that she thinks there is really an apt comparison, but I suspect more a clever way to affirm her support, for what even she concedes would not "be a panacea."

The Arbitration Fairness Act addresses arbitrations in both consumer and employment relationships, a combination that I have always felt was inappropriate as the two merit individual attention. 

For those who believe that a serious look at how we resolve employment disputes should include arbitration, which means that it must be mandatory, it is good news that it will not pass in this particular Congress. The bad news is that the current partisan divide makes it unlikely we will ever have a serious review and compromise on that issue.

Like so many issues, it will be an all or nothing outcome, and unfortunately, such outcomes regardless how much one side may feel vindicated depending on which view prevails at any given time, are almost never the optimal solution.

Update (3.19.12):  I was not the only one to take note of Prof. Kessler's recommendation. Three letters to the editor sounded a similar point. One of the most notable is Professor Theodore St. Antoine, who was a long time academic and very well respected, and unless I have missed something along the way, not some one who would be accused of "speaking the management line." Resolving Disputes Through Arbitration.

Professor St. Antoine I think has it right:
The solution is not the outright prohibition of all pre-dispute agreements to arbitrate, as proposed by the ill-advised Arbitration Fairness Act. It is legislation that would guarantee due process in arbitration, including neutral arbitrators, and ensure that grievants have a voice in their selection and all the remedies that could have been obtained in court.
Note the key phrase, "pre-dispute agreements." Any legislative action that bars pre-dispute agreements as a condition of employment, is for all practical purposes a ban on arbitration in the employment law setting.  And since that is what the Arbitration Fairness Act does, the title itself is quiet misleading.

A30 Egham Hill

I was deeply saddened to learn that a young student attending Royal Holloway College near Egham was killed on the A30 Egham Hill earlier this month.  She was a pedestrian and was struck by a car.  It is a road I know well with multiple central reservations and pavements often busy with young students making their way to and from Egham.  I know, and say, nothing of the circumstances of the accident but I have an opinion that traffic often passes along this road too fast.  The road is subject to a 40 mph limit which is often exceeded with apparent impunity.  For the duration of the Olympics this road will be subject to a 30 mph limit.  Assuming that the 30 mph limit is imposed and enforced this summer, I very much hope that consideration will be given to maintaining and enforcing it on a permanent basis.  After all the life of any one of us is equally valuable whether we are an Olympic athlete or official or an ordinary citizen.
It seems to me that this a classic example of where effective measures to protect vulnerable road users must include regulating motor traffic and not merely providing cycling infrastructure.  The 'cycling infrastructure' in this case is an invitation to share the pavement with the many pedestrians who use this road.  It is not easy for a cyclist to take the lane past the traffic islands because it is a pretty steady climb and the speed differential between the cyclist and the approaching motorist is correspondingly high.  We need safer speed limits more rigorously enforced.
Thankfully, once the clocks go forward later this month I will be using the alternative route through Windsor Park.  Unhappily Her Majesty does not allow me through there after dusk.
Here are a couple of my recent expereinces on this stretch of road:


Mali Cultural Heritage

The upcoming Cultural Property Advisory Committee (CPAC) meeting in April focuses on the culture of Mali.  A brief Deutsche Welle documentary (in English) describing Mali's past and present heritage may be viewed below.


CONTACT: www.culturalheritagelawyer.com

Pleadings Filed by Prosecution and Defense Attorneys Argue Lewis Dismissal Motion in US v. Khouli et al.

Lawyers for Joseph Lewis, II this past Friday filed a reply memorandum in support of their earlier motion to dismiss.  They claim that the prosecution does not have the evidence to prove Lewis guilty.  Federal prosecutors, meanwhile, demand that trial is the place where they will prove their case.

A federal grand jury in New York last year indicted Lewis and three others for their alleged roles in an Egyptian antiquities smuggling ring that involved sarcophagi and other artifacts.  All defendants are considered innocent unless proven guilty beyond a reasonable doubt in a court of law.

Lewis' pleading  lays out three separate arguments.  But the thrust of the defense counsels' memorandum is that Lewis was not deceitful about importing Egyptian cultural artifacts into the United States because he was neither involved with the importation process nor agreed to import the pieces unlawfully. "[T]here is no witness, no document, and no email that even alludes to Joseph Lewis participating in the importation process or agreeing with others that it would be handled deceitfully," the memorandum states.  The lawyers point out that Lewis "is not charged with importing contraband or of participating in a conspiracy to import contraband."

In support of the memorandum of law, defense lawyers for Lewis produced an email reportedly between Lewis and co-defendant Moussa Khouli dated April 12, 2009.  That email, in part, says the following:

"Hey Morris,

I am ready to wire the funds in the morning but because its a lot of $$$$, just to make sure that there are no misunderstandings; I want to doublecheck that you do guarantee the following:

1 - Provenance from your late father's collection, Israel 1960s; you have therefore established to the best of your knowledge, these items have not been illegally obtained from an excavation, architectural monument, public institution or private property.
2 - Clearance by US Customs (if the items are seized or detained more than 30 days upon arrival into the US you will issue a full refund)...."

The defendant's memorandum came in response to prosecutors' February 10, 2012 objection to Lewis' original motion to dismiss.  In that pleading, government lawyers reiterate that Lewis is charged with purchasing smuggled Egyptian antiquities transported into the United States, smuggling three Egyptian nesting coffins, conspiring to smuggle, and money laundering in support of smuggling.

The prosecution argues that "[i]t is 'axiomatic' that a criminal defendant 'may not challenge a facially valid indictment prior to trial for insufficient evidence,'" quoting federal case law.  Prosecutors add that "[t]he proper venue for testing the sufficiency of evidence is a trial, not a pre-trial motion based on 'defense counsel’s forecast of the ultimate trial evidence.'"  "Moreover, Lewis's characterization of the government's proof is based on a complaint against co-defendant Khouli and a series of search warrant applications, each of which explicitly states that it does not set forth all facts learned during the course of the government's investigation."

Federal prosecutors make efforts to resist presenting their case prior to going to trial.  They write:  "Accordingly, the government declines to respond to the particulars of Lewis's factual arguments, to correct misstatements of the government's legal theories, or to highlight relevant facts produced in discovery or know to Lewis that Lewis omitted from his factual recitation."

CONTACT: http://www.culturalheritagelawyer.com/

Mali, Guatemala, and Bulgaria Up for Discussion by CPAC - Public Session Slated for April 24

Lowland Maya mask from Guatemala.
Source: U.S. State Department
The Cultural Property Advisory Committee (CPAC) will meet to consider renewal requests by Mali and Guatemala for Memoranda of Understanding (MoU).  A public session will be held on April 24 to consider extending the bilateral agreements that would continue America's import controls over cultural property originating from these nations.

CPAC also intends to continue its discussion about Bulgaria's earlier request for a bilateral agreement.  That session, according to the Federal Register, will be a confidential meeting authorized by 19 U.S.C. 2605(h), which permits private discussions when "the President or his designee [determines] that the disclosure of matters involved in the Committee’s proceedings would compromise the government’s negotiation objectives or bargaining positions on the negotiations of any agreement authorized by [the CPIA]."

An MoU or bilateral agreement protecting jeopardized archaeological and ethnological objects may be enacted between nations pursuant to Article 9 of the 1970 UNESCO Convention (the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property). Congress implemented the treaty by adopting the Cultural Property Implementation Act (CPIA), signed into law by President Ronald Reagan in 1983.  Import protections granted under the CPIA last for five years and may be renewed thereafter.

Head of a Mali figure.
Source: US Department of State.
The United States enacted emergency import controls in 1993 over archaeological material from Mali's Niger River Valley and its Tellem burial caves at Bandiagara. This action led to the 1997 adoption of an MoU between the two nations.  The bilateral agreement was then extended in 2002 and 2007.  The last MoU was broadened to include archaeological objects from the Stone Age to the 1700s.

The United States also took emergency action in 1991 to cover Maya archaeological artifacts from Guatemala's Petén region, extending the protections in 1994.  In 1997, the U.S. and Guatemala entered into a bilateral agreement covering pre-Columbian archaeological material.  The countries extended the MoU in 2002 and 2007.  The 2007 MoU broadened Article 2's provision to include, among among other items, that "the Government of the Republic of Guatemala shall undertake an assessment with regard to improvements in broad areas such as law enforcement, cultural resource management, education, conservation, research, and the national museum system" before the agreement expired in 2012.

To attend or speak at the public session on April 24, you may reserve your place by calling  the Cultural Heritage Center of the Department of State at (202) 632–6301 by 5 p.m. EDT on April 3.  The meeting will be held at 2200 C St., NW. in Washington, DC.

Public comments may be submitted electronically to CPAC at www.regulations.gov and are due April 3 by the end of the day.  Enter docket number DOS-2012-0012 for Mali or docket number DOS-2012-0011 for Guatemala and follow the instructions on the web site.

The committee now only accepts electronic comments unless they are confidential under 19 U.S.C. 2605(i)(1).  Written submissions reasonably determined to qualify for confidentiality may be delivered or mailed to:

Cultural Heritage Center (ECA/P/C)
SA-5, Fifth Floor
Department of State
Washington, DC 20522-0505

Comments submitted to CPAC must address one, some, or all of the four determinations outlined by the CPIA.  Quoting 19 USC 2602, the four determinations are:

(A) [whether] the cultural patrimony of the State Party is in jeopardy from the pillage of archaeological or ethnological materials of the State Party;

(B) [whether] the State Party has taken measures consistent with the Convention to protect its cultural patrimony;

(C) [whether] --

(i) the application of the import restrictions . . . with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties [to the 1970 UNESCO Convention]) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and

(ii) remedies less drastic than the application of the restrictions set forth in such section are not available; and

(D) [whether] the application of the import restrictions . . . in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes.

Tomorrow's Federal Register announcement of the CPAC meeting may be found here.

Jury Waivers Treated Same As Arbitration Agreements by Texas Supreme Court

I would have been surprised if the decision went the other way, but today the Texas Supreme Court affirmed that an at will employee who signed a jury waiver agreement rather than be terminated was not entitled to have it set aside because he was coerced. In re Frank Kent Motor Company (Tx. 3.9.12).

The Court had to look only to its decision a decade earlier, In re Halliburton Co. (Tx 2002), where "this Court held that it was not procedurally unconscionable to premise continued employment on an acceptance of an arbitration plan."

Not a big jump to hold that "all similar dispute resolution agreements" should be treated the same.

The case does make one ironic point though. Both the trial court and the court of appeals had rejected the employer's request to strike the jury demand of the employee. Now having prevailed,   the employer gets to try its case in front of the reversed trial court, with the reversed appellate court looking over its shoulder.

Thinking About A Different World Under the NLRA

I have been quite busy lately but finally began catching up on some past reading and one of the first things was the most recent edition of the ABA Journal of Labor and Employment Law, Fall 2011, and its first article, Imagine a World Where Employers are Required To Bargain with Minority Unions by Catherine Fisk and Xenia Tashlitsky.

Professor Charlie Morris' book advocating for minority member bargaining, The Blue Eagle at Work: Reclaiming Democratic Rights in the American Workplace, remains only partially read on my bookshelf.  So, I was quite interested to see what another academic would have to say about an intellectually challenging idea, one that would clearly turn the world of labor relations on its head from anything that I have known in the now more than 35 years I have been practicing.

It is not altogether an academic question given that there are currently requests filed with the Board for such a rule making endeavor, and a Board that has shown its willingness to engage in rule making far more than in the past.

But what was clear from the article is just how complex an issue it really is. It is clear that Professor Fisk and her student co-author, clearly are intrigued by the idea, but intellectually honest enough to realize (and point out) just how many other questions it would raise, and how incomplete the data is that we would need to resolve those questions.

Their view is that the proper approach  should not be whether or not bargaining with a minority union is legally mandated, but whether or not it makes sense from a policy viewpoint. They believe it is clear that it would be a permissible reading of the NLRA, but that by no means does that answer whether it would be the wise course.

For anyone looking for a simple solution to current problems in the world of labor relations, even a cursory review of the questions that the authors raise should be enough to make clear that mandating minority bargaining is not a panacea.

They end by concluding that  NLRB rule-making on the subject would be worthwhile, but more for the process of a full exploration of a novel idea than as a foregone conclusion that we should end up with such a rule. Their words are more eloquent than mine:
"while one part of the benefit of any legislative process, whether through legislative enactment or agency rulemaking is judged by the rules that are adopted, another part of the value is the process itself.  All the stakeholders in the labor law world would benefit if the NLRB were to conduct rigorous study of this important policy question and offer substantive reasons for its decision to issue or reject a rule."
In one more burst of candor, they admit that in today's partisan atmosphere, it is highly unlikely that the Board will undertake such a review. My two cents, in this highly partisan atmosphere, the Board should not.

That doesn't address the bigger question however. A review of serious policy issues, in the world of labor and employment law, as in other areas of the body politic, are necessary from time to time, and as long as we remain paralyzed by our increasing political divide, problems that need addressing with wisdom and compromise, remain far from our reach.

It's not good for the world of labor and employment law, or for the bigger political world in which labor and employment law is just our narrow corner.

Author Josh Knelman Launches Hot Art in New York City on March 22

Joshua Knelman will debut his latest book titled Hot Art in New York on March 22, 2012.  The investigative book documents the story of an art and antiques thief as well as the stories of law enforcement officials and attorneys who work to combat art and cultural property crime.  The public is invited to the event, which will be held at the Flag Art Foundation located at 545 West 25th Street in Manhattan, between 10th and 11th Avenues at the he Chelsea Arts Tower.



CONTACT: www.culturalheritagelawyer.com

Cycle Helmets

I have updated my paper on cycle helmets for a talk presented to the Association of Personal Injury Lawyers last Tuesday.  It can be downloaded here  It may be quoted from or otherwise used provided that my authorship is acknowledged.

Seize and Send v. Investigate and Indict: Focusing on Cultural Heritage Criminal Investigations and Prosecutions

ICE and CBP return an illegally
imported artifact to Guatemala.
Courtesy ICE.
Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) held a press conference on February 24 to publicly display the return of pre-Columbian objects to the Guatemalan foreign minister. The objects were recovered both in Houston, Texas in 2009 and from an auction house in Massachusetts in 2011. WJZ television in Baltimore reported that “[n]o arrests in the smuggling cases have been made, although federal agents say investigations are ongoing.”

Authorities are to be lauded for detecting and seizing illegally imported archaeological objects. But the claim that federal officials are continuing their investigation remains to be seen. That is because the primary evidence of possible smuggling has now been returned to Guatemala. The artifacts are no longer preserved for criminal analysis, they are not kept in safekeeping for use in court proceedings, and they are not available for inspection by potential criminal defendants who have a constitutional right to view the government’s evidence in a criminal case.

There appears to be no US Attorney involvement in this case, which is a sign that the matter likely is not being reviewed for possible criminal charges. And Homeland Security does not mention in its official press release that it is pursuing a criminal investigation. At best the agency cautions that “[t]hose involved in the illicit trafficking of cultural property, art and antiquities can face prison terms of up to 20 years, fines and possible restitution to purchasers of the items.“

Those who follow cultural property cases closely are aware that Homeland Security generally implements a seize and send policy with regard to cultural artifacts. While the agency boasts in its latest press statement and elsewhere that “[s]ince 2007, HSI [Homeland Security Investigations] has returned more than 2,500 artifacts to 23 countries …”it is silent about successful cultural property prosecutions. Such prosecutions are rare.

The Cultural Property, Art and Antiquities Investigations Program is carried out by HSI. The program describes its mission on ICE’s web site: “Returning a nation’s looted cultural heritage or stolen artwork, promotes goodwill with foreign governments and citizens, while significantly protecting the world’s cultural heritage and knowledge of past civilizations.” The emphasis is on sending cultural objects to home countries, not on developing cases for criminal prosecution.

It could very well be that the lack of financial or human resources prevents the development of cultural property smuggling cases. It could be too that politics affects agency decision making. Indeed, it may be noteworthy that on the same day of the repatriation of artifacts to Guatemala, Homeland Security Secretary Janet Napolitano announced that she would be traveling to Guatemala City and other Latin American destinations between February 27 and 29. Perhaps prosecutors are rejecting these cases for review. Whatever issue prevents ICE from doing its job to investigate and prepare cases for presentation to a federal grand jury and subsequent criminal prosecution must be resolved.

ICE Director John Morton is right to note “the exceptional investigative work HSI is doing to stop the pilfering and illicit trading of precious art and antiquities from around the world.” ICE has talented investigators. But more must be done to bring the talents of these federal agents to the next level so that their cases serve to provide a meaningful deterrent to archaeological smuggling. Investigators must be permitted to conclude their cases by submitting them to receptive US Attorneys for review and possible indictment. Cases concluded through seizure, forfeiture, and repatriation alone do not have a similar impact on criminal activity.

Sources:
Homeland Security press releases
http://www.ice.gov/news/releases/1202/120224washingtondc.htm
http://www.dhs.gov/ynews/releases/20120224-statement-on-napolitano-trip-to-central-america.shtm

WJV TV
http://baltimore.cbslocal.com/2012/02/24/stolen-ancient-mayan-artifacts-being-returned-to-guatemala/

CONTACT: www.culturalheritagelawyer.com

Finchley RT Magic homes Crits

Probably about 40 of us older guys showed up for the Masters Race at Hillingdon this afternoon. Haven't raced for 3 weeks; what a change 3 weeks makes. Temp 13 deg rather than 0 deg; racing clockwise, finish line hut gone; signs of something being constructed by the apron; daffodils out. Lovely sunshine but with a brisk southwesterly. Seemed fast to me (I left the Garmin at home so no stats today). Nobody there much more than 10 years younger than me but they could of course be any cat. and were no slouches. A very attacking race. Initially I tried to get involved but it did not take long to realise I did not have the legs for it and was just being left in no man's land. Things speeded up anyway and I was soon sat at the back with my usual friends. Hung on in there for an hour. A group of about 8 got away so our sprint was a bit muted and I stuck in the bunch.

Blogroll

azplanningforwildlife.com m2tvchannel.com bapedaldaprovjambi.com kreis-dl.net news-1212.com landratsamt-doebeln.net landkreis-doebeln.net canadiangoldreserves.net chicagohearse.com tattooremovalessex.com braziltrade-uae.com 333asia.com calliemacdesigns.com gemdoc.net simplefoodjuiceplus.com postabortionstresssyndrome.com descendingpath.com casadopinhole.net myspeechandlanguage.net sezambook.com rerecognition.info bebetsy.info carsoncitybraces.info summitcardiology.info sanfojiangsi.info trailheadgeararchery.info immigrationconnect.info nhhomeless.info tundradialogues.info ibexretail.com kreis-dl.com agiles-eam.com bestbcgolfcourse.com niittyneito.com yenikapimevlevihanesi.com hnr100.com eplogin.com richard-wagner-festival.com landratsamt-doebeln.com lra-doebeln.com terrecatalane.com thesmarterhybrids.com Political Science,Politics And Religion,Lamp For Home,Internet Media Services,Book Holidays Online,Electric Car Engine,House And Garden Magazine,Fashion Art Music,Allobits Business Finance Solutions,Amelia Island Living,Sectb Business management,Biblepl College And University,Synergysigns Home Furniture,Marketing and Promotion,Meristem Nature,Success Business,Food and Nutrition,New Health Foundation,Real Estate Designer,Chase Auto Loans,Economic and Business Review,Business Insurance Quotes,Gambling Commission,Game and Media Technology,TakingBusinessOpportunities,MedicalCenter,FashionModelling,FashionCelebrity,BusinessMarketing,ComputersandTechnology,SubjectAboutTechnology,Children'sEducation,EconomicsBusinessandFinance,Entertainment,BusinessAccounting,HealthTechnology,AirHealth,BodyHealth,HousingDesigners,ArtsandEntertainment,GamingTournament,ForexEducation,HomeDesignIdea,BeautyClinic Professional Translation Streaming Wizard Alcoholism and Drug Medical Laboratory Commerce Business Educational Kids Play Space Education Home Repair Volunteer Fashion Talent Health and Safety Executive Play Web Games Travel and Surfing Property and Estate Agents Technology Group Solutions Student Service Center Construction Industry Media Center Computer Teny Fashion Home Remodeling Services Inspector Network Car Rentals Leader Dogs Rise Health Systems Business Strategy Consultant
Personal Life Coaching
Company Business Coaching
Entertainment News
Physics and Astronomy
Science and Technology
Cheap Vacation Packages
World Business Academy
Planets Project
Travel and Leisure
Prevent Drug Abuse
Education Certified
Play Kids Games
Legal Defense Fund
Real Estate Strategies
Isolation Globale
Insurance Coverage Law
Rock Hotel and Resorts
Medical Insurance
Healthy Mind and Body
Marjahaan Autokatsastus
Free Sports Authority
Auto Insurance Coverage
Global Technics
Advitium Manufacturing
Professional Core Education
Special Finance Services
Bergen County Contractors
Great Children's Art
Health Supply Company
Social Media Power
Texas House Restaurant
Carbon Consultant
Carbon Expert
Low Carbon
Reset Carbon
Healthcare Commissioning
Virtual Job Tryouts
Ethos Academy (Education)
Intrinsic Schools
Attorney General
Technology Software
Business Plans
Digital Media
High School Resources
Adult Resources
Gamblers Anonymous
Ecuador Real Estate
Software Development
Festival Fashion
Drugs And Alcohol
Food Network Recipes
Journal Human Resources
Games and Technology
Technology Development
Web Resources Express
Payday Loans Bad Credit
Art and Craft
Business and Finance News
Ecological Sciences
Education Resources
Web Design
Music Education
World Resources Institute
Business Health Guide