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Does DVR use impact television advertising?

While television is entertainment to most Americans, it is a communication tool used to establish a consumer relationship in the hopes of a high return for advertisers.  With television, the advertiser can target a very specific consumer that is most likely to purchase its products.  Nevertheless, what happens to the advertiser’s dollar when the consumer has the ability to ignore the advertisements specifically targeted for them?

With DVR capabilities, the question becomes “should you continue to spend the bulk of your advertising dollars on television ads.  Randall Beard, Global Head of Advertiser Solutions for Nielsen believes you should.  Beard reports that, “TV remains the most important and cost-effective advertising medium for companies looking to reach new consumers, especially in booming emerging markets.”  Explaining further that “[the choice] is clear with USD 6.50 of every ten dollars [that is] being spent on television,”[1]

I cannot tell you how many times I have used the DVR to record my favorite show so that I can watch it uninterrupted from those pesky commercials and annoying advertisements.  Nevertheless, more times than not, I find myself mid-commercial break wondering, “Why am I watching Flo dismantle Flo-bot instead of my favorite show?”  Especially, when I have a perfectly good fast-forward button at my fingertips.  Not only have I recorded my favorite show to watch at a more convenient time, apparently I have recorded the commercials, which were specifically targeted for me, to also watch at a more convenient time.

So, does the “DVR effect” really make an impact on advertising dollars?  Maybe, but not necessarily in a bad way.  The commercials that are aired during a viewer’s favorite show are likely to have reached the viewer during the regular programming.  In addition, if the viewer has missed the regular programming the advertiser has a second chance (with the same ad dollar) at reaching its targeted viewer.  Especially, if most viewers are like me, they have that momentary television lapse of watching the commercials although they have the ability to zoom right through.

Two for the price of one is always a great deal.  If you do not reach the viewer the first time, you have a second chance, which is a bonus to your television advertizing dollar.  I chalk it up as a win-win.  The consumer gets the feature of recording their favorite show and its accompanying commercials, which may be aired during an inconvenient time and would have otherwise been missed anyway, and the advertiser gets two chances to reach its viewer.

In response to Technology for


In a presentation to advertisers, Ted Harbert, the chairman of NBC, expressed his distaste over using DVRs to skip commercials by saying, “This is an insult to our joint investment in programming, and I’m against it.”

Harbert is expressing an industry-wide phobia among broadcast networks, but what do you think?

[1] Nielsenwire, Global Ad Spend Up 8.8% in Q1 2011 as Advertisers Increase TV Spend, Retrieved 10/05/2012.

Author Describes Clash of Titans Jefferson and Marshall in The Treason Trial of Aaron Burr – Books – ABA Journal

Marbury v. Madison may have been their first major legal battle, but President Thomas Jefferson and Chief Justice John Marshall clashed again in the treason trial of former Vice President Aaron Burr.

Burr may now be known best for his fatal duel with Alexander Hamilton in 1804, but by 1807 he was on trial for a plot that may (or may not) have involved fighting a private war against the Spanish; convincing the Western states to secede; and a mysterious cipher letter delivered by a “scoundrel” general into Jefferson’s own hand. In a trial lasting seven months, some of the new nation’s most skilled lawyers fought to define habeas corpus rights, the separation of powers and the constitutional definition of treason.

Professor R. Kent Newmyer reveals all these events in his new book, The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation. He joined The Modern Law Library podcast to discuss his book with ABA Journal Web producer Lee Rawles. The Jefferson/Marshall showdown at what some call the greatest criminal trial in American history almost never came to be; Newmyer shares that Chief Justice Marshall presided over the trial in Richmond, Va., only because in those days Supreme Court justices were expected to ride circuit. He also discusses some of the legal minds who were involved in the trial, including a man named (confusingly) Luther Martin.  Author Describes Clash of Titans Jefferson and Marshall in The Treason Trial of Aaron Burr – Books – ABA Journal.

Update: Mark Grace charged with aggravated DUI


This is an update to my previous post about former Cub first baseman Mark Grace, who was arrested last month for his second DUI in 15 months.

It has been reported that the charges against Grace will be upgraded to aggravated DUI, a felony, because Grace’s driver’s license had been suspended because of the prior DUI arrest at the time of the new arrest, and he was only permitted to drive with a vehicle equipped with a breath alcohol ignition interlock device (BAIID).  When he was arrested, Grace was not driving a vehicle equipped with such a device.

According to reports, Grace had a BAC of 0.095, slightly above the legal limit of 0.08.

From looking at some Arizona legal websites (here and here), it appears that if Grace is found guilty of the charge, he is facing a mandatory minimum of four months in prison…

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By Mike Appleton, Guest Blogger

In 1984 Leonard and Harriet Nobelman purchased a condominium with the assistance of an adjustable rate mortgage loan from American Savings Bank.  Six years later, the Nobelmans encountered financial difficulties and filed Chapter 13 proceedings in bankruptcy court.  At the time of their filing, their mortgage balance, including accrued interest and late fees, was $71,335.00 and the fair market value of their home was only $23,500.00.  Accordingly, the Nobelmans proposed a reorganization plan which treated the difference between the mortgage balance and the fair market value, a total of $47,835.00, as unsecured debt.

Under bankruptcy law, the reclassification of indebtedness exceeding the value of the collateral from secured to unsecured status is known as a “cramdown.”  This is a commonly used device that effectively “strips” the lien of a security interest down to the collateral’s value.  It enables a debtor to retain property while insuring that the secured creditor will recover at least…

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Florida Is 6th Worst Toxic Polluter from Coal-Fired Power Plants Despite Natural Gas Gains

Published by FlaglerLive | August 9, 2012

Florida is the 6th worst state in the nation when it comes to exposing residents to toxic air pollution from coal-fired power plants, according to an analysis released today in Florida by the Natural Resources Defense Council (NRDC).

Florida’s electric sector ranked 6th in industrial toxic air pollution in 2010, emitting nearly 16.7 million pounds of harmful chemicals, which accounted for 57 percent of state pollution and about 5 percent of toxic pollution from all U.S. power plants.

Florida ranked 15th among all states in industrial mercury air pollution from power plants, with about 1,710 pounds emitted in 2010, which accounted for 75 percent of state mercury air pollution and 3 percent of U.S. electric sector mercury pollution. Mercury contaminates fish and is most commonly absorbed by humans through fish consumption. Mercury poisoning can impair vision, speech and coordination, and lead to severe birth defects or worse.

On the national level, the report found a 19 percent decrease nationally in all air toxics emitted from power plants in 2010, the most recent data available, compared to 2009 levels. The welcomed drop, which also includes a 4 percent decrease in mercury emissions, results from two key factors. One is the increasing use by power companies of natural gas, which has become cheaper and is cleaner burning than coal; the other is the installation of state-of-the-art pollution controls by many plants–in anticipation of new health protections issued by the Environmental Protection Agency.

Read the rest of the story at:


The Chicago Sun-Times has more information on Jamie O’Malley, the Cook County Deputy Sheriff who has been charged with aggravated DUI arising out of a fatal accident in Franklin Park last Sunday.

According to the Sun-Times,

The Cook County sheriff’s deputy charged with felony DUI for a fatal accident Sunday in Franklin Park reportedly told arresting officers, “Oh God, I hope I didn’t kill this guy.”

Jamie T. O’Malley, 37, of Franklin Park is charged with aggravated DUI for striking and killing Marcial Marias-Quevedo on Mannheim Road in Franklin Park at 1:43 a.m. Sunday, authorities said.

O’Malley smelled strongly of alcohol and told police he’d come from a party where he’d had “two beers,” Van Kampen said.

The 6-foot-tall, 200-pound O’Malley reportedly failed field sobriety tests, then refused a Breathalyzer test.

He later submitted to urine and blood tests. Those tests, administered 1-1/2 hours after the accident, yielded a…

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First of all, if you are criminal defendant, you should never miss court.  Your failure to appear will likely result in a warrant and/or judgment issued against you.  You might also miss an opportunity to have your attorney get something accomplished on your behalf.

But that is not what I am writing about today.

I saw this happen earlier this morning in Chicago’s Traffic Court.

A judge was going through her morning trial call to see which cases would be ready for trial.

A case was called that had been set for trial.  The defendant had not yet appeared. It was 10:00 a.m. and the case had been scheduled for 9:00.  The case was stricken from the trial call and was passed for the “no-show” or “warrant call.”  Had the defendant been there, the state would not have been able to answer ready for trial, because their arresting officer had…

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Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

It seems that almost everywhere you look, some State is trying to reduce the number of early voting days, purging the voting rolls and making it harder for citizens to cast their votes.  The State of Florida has recently attempted to remove legitimate voters off its voter rolls and the State of Georgia recently attempted to restrict the time when a military absentee ballot can be counted as I wrote about earlier on this blog. Georgia  Now, we have some hard evidence of just who is getting removed or impacted by the various State’s attempts to cure the imagined Voter fraud problem!

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Respectfully submitted by Lawrence Rafferty (rafflaw) Guest Blogger

I have discussed the Second Amendment and the difficulties I have in allowing citizens to own semi-automatic weapons and large capacity clips of ammunition in the past, but Supreme Court Justice Antonin Scalia, in a recent Fox News interview, just took my concern over semi-automatic weapons and shot it down.. with a shoulder firing rocket! 

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How America’s Death Penalty Murders Innocents | Common Dreams

Published on Tuesday, May 22, 2012 by The Guardian/UK

How America’s Death Penalty Murders Innocents

The evidence is in: the US criminal justice system produces wrongful convictions on an industrial scale – with fatal results by  David A. Love

The US criminal justice system is a broken machine that wrongfully convicts innocent people, sentencing thousands of people to prison or to death for the crimes of others, as a new study reveals. The University of Michigan law school and Northwestern University have compiled a new National Registry of Exonerations – a database of over 2,000 prisoners exonerated between 1989 and the present day, when DNA evidence has been widely used to clear the names of innocent people convicted of rape and murder. Of these, 885 have profiles developed for the registry’s website,

The details are shocking. Death row inmates were exonerated nine times more frequently than others convicted of murder. One-fourth of those exonerated of murder had received a death sentence, while half of those who had been wrongfully convicted of rape or murder faced death or a life behind bars. Ten of the inmates went to their grave before their names were cleared.

Read more at: How America’s Death Penalty Murders Innocents | Common Dreams.