Sunday, December 04, 2005

Business acceleration - Asking the right questions

Business acceleration - Asking the right questions In planning for next year, ask yourself the following questions: 1. What are the two most important business outcomes we are working to achieve in the next six months? 2. What behaviors will be necessary in order to increase the chances we will achieve those desired business outcomes? 3. Whom do we need to influence in order to get both the desired behaviors and the desired business results? 4. How will we influence these people? 5. Who will specifically provide the influence to the various individuals? (Courtesy of Dan Coughlin, corporate & career catalyst) If you want help in answering these questions, see our classic guide (called the "Bible of running a law practice"), Attorney & Law Firm Guide to The Business of Law, 2nd ed. (Pub. ABA 2002). Ed.Poll, has a very good blog where we can learn a lot, sincerely tours, Rodrigo González Fernández, consultajuridica.blogspot.com lawyerschile.blogspot.com

From Chinese Law Pro

From Chinese Law Prof Blog A Member of the Law Professor Blogs Network
Miren las importancia que tienen los blogs China law Prof.Blog . Chile tiene un TLC con China y que ¿sabemos de las leyes Chinas? ¿Hay abogados chilenos preparándose en materias legales Chinas?
Bueno acá les anticipo de lo que se  hace en USA al respecto, saquemos conclusiones y ejemplos: ( perdonen que les presente en Inglés, pero es buenos que practiquemos inglés, nos va a servir mucho )
China Law Prof Blog blocked in China again
Oops, I did it again, apparently. Something in a previous posting - was it my daring expose of the Beijing company selling lunar real estate? - has attracted the attention of the security authorities and the blocking now seems not intermittent, but permanent and complete. If anyone is reading this in China, please let me know.
December 2, 2005 in News - Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Illinois in China
Here's the latest from the Dec. 2005-Jan. 2006 Dean's newsletter at the University of Illinois College of Law:
Seven College of Law faculty members will travel to Guangzhou, China from December 3-11 to attend a conference entitled "The Role of Law in Economic Development -- Implications for China in the World," co-sponsored by the University of Illinois College of Law and the Law Faculty of Sun Yat-sen University. Those attending the conference include Professors William Davey, Tom Ginsburg, Jay Kesan, Larry Ribstein, Larry Solum, Charles Tabb, and Cynthia Williams. The relationship between law and economic development has been one of the central concerns of modern social theory and legal scholarship, and is of increasing importance to policy-makers in national governments and multilateral development institutions. It is also a critical issue for China's future, as China seeks continued economic growth while assigning a greater role to law and the legal system in underpinning that growth. The conference is being held as part of Sun Yat Sen University's celebration of the centennial of legal studies in Guangdong.
December 2, 2005 in News - Miscellaneous, People and Institutions | Permalink | TrackBack (0)
Thursday, December 1, 2005
Chinese law research projects approved by Ministry of Justice
The Ministry of Justice recently issued the 2005 list of ministry-level legal research projects approved for funding. A quick review shows that the term (hexie: harmony), associated with Hu Jintao's leadership, appears in the title of seven of the 134 approved projects. In the list of 94 projects approved in 2003 (I couldn't find the 2004 list on line), the term does not appear at all.
December 1, 2005 in News - Chinese Law | Permalink | TrackBack (0)
Friday, November 25, 2005
Asian Law Institute conference, Shanghai, 25-26 May 2006
The Asian Law Institute, a consortium of Asian law faculties operating out of the National University of Singapore, will have its third conference on 25-26 May 2006 in Shanghai at the East China University of Politics and Law. The theme of the conference is "The Development of Law in Asia: Convergence versus Divergence?"
Full details available here.
November 25, 2005 in Conferences | Permalink | TrackBack (0)
Wednesday, November 23, 2005
Beijing court abolishes sanctions for overturned decisions
The Beijing No. 1 Intermediate-Level People's Court recently announced that it was doing away with the system of disciplining judges on the basis of overturned decisions. Under that system, if a certain number of decisions were revised or overturned on appeal (or presumably on retrial pursuant to judicial supervision as well), the judge would receive sanctions in the form of benefit cuts or demerits. This system, commonly practiced in the Chinese courts, has been criticized by many on the grounds that (1) it leads judges to clear their decisions with superior courts beforehand, often through non-transparent means that in effect jeopardize the meaningfulness of an appeal, and (2) that it leads judges to pressure the parties unduly to accept a "mediated" settlement, from which (being theoretically voluntary) there is no appeal. Superior court judges, being only human, may also be reluctant in a close case to overturn a judgment when it will bring sanctions on the head of a fellow judge. Finally, of course, the system rests on a questionable premise: that there are no close cases, and that one "wrong" judgment is just as bad as another.
In order to avoid these perverse incentives, the No. 1 Intermediate Court has decided to replace a disciplinary system based on outcomes with a system based on process: the judge's behavior. Thus, judges are henceforth to be rewarded or disciplined based on their conduct of trials, not on whether the judgment is overturned or not.
Web reference:
  1. ChinaLawInfo report (in Chinese)
November 23, 2005 in News - Chinese Law | Permalink | Comments (0) | TrackBack (0)
Tuesday, November 22, 2005
He Weifang
Periodically I would like to post short biographies of people in the Chinese law community (both the people in China who in a sense make Chinese law and the people outside who study it). Today's entry is He Weifang (贺卫方), a professor of law at Peking University's Faculty of Law.
The bio, compiled by China Law Digest, can be found here
November 22, 2005 in People and Institutions | Permalink | Comments (0) | TrackBack (0)
Monday, November 21, 2005
And you thought "to die of rage" was just an expression
The expression "to die of anger" (气死) is very common in Chinese (or maybe just among the Chinese people I know). It has now received official sanction as a cause of action in tort. The Worker's Daily (工人日) reported in its Oct. 24, 2005 issue about a case in which a husband successfully sued a company for having caused the death of his wife in this way. In July, 2002, his wife and several other workers had confronted a senior official at the company about back wages they were owed. The official apparently said rather dismissively, "I can't do anything about it; go to the government or go to court." At this, the wife began foaming at the mouth and fell senseless to the ground.
The cause of death was ascertained to be cerebral hemorrhage triggered by the argument over wages. The husband brought suit in January, 2005. In its judgment, the court found that the company official had been too harsh in his tone (语言有些生硬) and had caused the victim's death; it found for the husband against the company.
Interestingly, nobody seems to have noticed that the statute of limitations for this action had long since run. The general limitation is two years under Art. 135 of the General Principles of Civil Law, and under Art. 136 it's one year for actions for personal injury.
Web references:
  1. Worker's Daily report (in Chinese)

  2. English-language digest in China News Digest
November 21, 2005 in News - Chinese Law | Permalink | Comments (1) | TrackBack (0)
Sunday, November 20, 2005
Latest issue of China Law Digest now available
The October issue of China Law Digest (Vol. 1, No. 8) is now available on line here.
November 20, 2005 in Publications | Permalink | TrackBack (0)
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  1. China Law Prof Blog blocked in China again

  2. Illinois in China

  3. Chinese law research projects approved by Ministry of Justice

  4. Asian Law Institute conference, Shanghai, 25-26 May 2006

  5. Beijing court abolishes sanctions for overturned decisions

  6. He Weifang

  7. And you thought "to die of rage" was just an expression

  8. Latest issue of China Law Digest now available

  9. Antitrust law in China

  10. Chinese Law Prof Blog intermittently blocked again in China
 Fron The Chinese Law Prof Blog A Member of the Law Professor Blogs Network
Sincerely yours, Rodrigo González Fernández, lawyerschile.blogspot.com

From Business Law P

From  Business Law Prof Blog
A Member of the Law Professor Blogs Network
Business Law Professors Square Off Over Sarbanes-Oxley
Joseph Nocera's column in today NYT (Business Section),  "For All Its Cost, Sarbanes Law is Working," was a typical Nocera effort to declare.  He takes a controversial topic, breezes over the claims for and against and declares.  He has done, for example, a column on Donaldson as head of the SEC, declaring that he did a good job.  In his column he quotes two law professors, William J. Carney and Steven Bainbridge, on the law "unintended consequences and quotes Harvey J. Goldschmid:  "There is no question it has been a great piece of legislation, and anybody who says otherwise is talking like a darn fool."  Ouch, Goldschmid was on the SEC when the SOX was put into place and had an important hand in the implementing rules. Well, lots of folks are talking like fools.
There are two parts of the argument that are hard to deny.  First, Congress intended the legislation to clean up the corporation scandals of 2002.  A primary part of its purpose was to fix auditing; auditors had misbehaved.  The primary effect of the legislation has been to enrich auditors.  Auditors have more important positions inside companies and must do more;  audit fees have skyrocketed.  So a profession misbehaves, Congress writes legislation to discipline them and the profession profits big time -- what a great country.  We should we suspicious of any legislation that has this effect.    Second,  of course the legislation has benefits, the question is the cost of the benefits.  Nocera quotes CEOs saying that they learned some things about their companies from Section 404 internal controls audits.  Nocera uses these CEO revelations, in the final analysis, to say the legislation works.  Pretty shallow stuff.  An argument like this could justify any number of very silly disclosure rules.  [Make all companies run environmental bore hole tests on every acres of land every year or so;  some CEOs will learn something.]  All companies must do Section 404 audits and some will learn a bit that they would otherwise not know --but many (most?)companies, making a business decision on information, would not do them if not forced to -- the total information gains from the 404 audits do not exceed the total costs of the rules.   The continuing exemption for small companies (and the discussion of the exemption) is where the rule's true problems are revealed for all to see.
From Business Law Prof Blog
A Member of the Law Professor Blogs Network  Best regards, Rodrigo González Fernandez lawyerschile.blogspot.com