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rodrigo gonzalez fernandez
consultajuridicachile.blogspot.com
Renato Sánchez 3586 of 10
fono:5839786
Santiago Chile
Rodrigo González Fernández y un grupo de egresados de la Facultad de Derecho de la Universidad la Republica en Chile ha decidido poner al alcance de todo el mundo de la profesion legal importantes materias en Ingles para ir practicando el trabajo en materia de Tratados internacionales y que nuestra profesión estará en primera linea. Invitamos a todos a opinar, debatir, participar activamente.Es el primer blog legal en inglés de latinoamerica.
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Los teletubbies, el nuevo lobby gay para el Gobierno polaco
elplural.com - Barcelona,Spain
El Gobierno ultra conservador polaco investiga si los Teletubbies, la popular serie de dibujos animados de la BBC, fomenta la homosexualidad. ...
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Congreso Mundial de la FIP respalda creación de comité de apoyo ...
Federación Internacional de Periodistas - Brussels,Belgium
El Comité, compuesto por familiares de los periodistas que han muerto por razones del oficio, realizará un fuerte lobby por justicia en el creciente número ...
Ver todos los artículos sobre este tema
In his "Ballad for a madman" Ferrer wrote that the little afternoons of Buenos Aires have an "I-don't-know-what". Today that "I-don't-know-what" has been replaced by violent crime, herds of picketers cutting the traffic flow and destroying everything in their way, riots and demonstrations of all sorts that alter the citizens' daily life.
A harassed society reacts suddenly and violently due to the lack of answers on the part of the government that has forgotten the sovereign's dignity and security.
Argentina is losing its identity behind a dreadful administration that plays government, affecting the community's life while getting more and more away from the national Constitution, and leaving the society unprotected, on the verge of the State of Right, without fulfilling the duties and obligations they, under oath, promised to respect.
This critical state has not only swelled in the capital area; the provinces have become affected by the same ailment and the progressive wave of a fierce delinquency is chastening the whole national territory. Leer el resto »
Autor: Susana Sechi
Director of La Historia Paralela
Translation: Raquel Eugenia Consigli
Email: susanasechi@gmail.com
Legal Blog Watch |
State Courts Favor Defendants on Appeal Via TortsProf Blog comes word of a new study of outcomes in state court civil appeals. Authors Theodore Eisenberg and Michael Heise of Cornell University Law School conclude that two findings dominate: first, appeals courts are more likely to disrupt jury verdicts than bench decisions, and second, trial defendants fare better than plaintiffs on appeal. These outcomes, on their face, are not so startling, given that prior studies of federal civil appeals have reached the same conclusion. But the authors find that the reversal rate in favor of defendants and against juries is much higher in state courts.
The authors say that the study, "Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal," provides "the first statistical models of the appeals process for a comprehensive set of state court civil trials." It draws on data from 46 large counties consisting of 8,038 trials and 549 concluded appeals. Posted by Robert J. Ambrogi on May 25, 2007 at 03:07 PM | Permalink | Comments (0) Legal Scholars Topic Du Jour: Menstruation It all started, as best as I can tell, with a post by University of Wisconsin law professor Ann Althouse, Stemming the Red Tide, in which she noted the FDA's approval of a birth-control pill that stops menstruation. UCLA School of Law professor Eugene Volokh picked up on Althouse's post, taking issue with one commenter who contended that it is not "right to sidestep" something that is "part of being a woman." Countered Volokh: "Why on earth should we want to accept natural but painful or unpleasant things?" Volokh's remark elicited a comment from a male med student who equated menstruation for women with the types of "shared experiences" from which "humanity derives meaning." This commenter asserted: "Deleting one of the most universal and central of all female experiences can subtract perceived meaning from people's lives." To that, Volokh responded that, yes, humanity can derive meaning from some shared experiences, but others -- hangnails, nearsightedness and tooth decay, for example -- we can get by just fine without. Menstruation, Volokh conjectured, falls in this second group. But, acknowledging no firsthand experience, he issued an invitation:
With me so far? I hope so, because we're just getting started. Althouse -- the one whose post started this ball rolling -- took Volokh's invitation as ludicrous. Writing at Feminist Law Professors, she promised to send Volokh a Judy Blume book describing a teen's first menstruation.
Feministing.com chimed in with equal ire, describing Volokh's post as condescending and patronizing. Belle Lettre at least gave Volokh the benefit of bona fides. For his part, Volokh labeled Bartow's response as patronizing. He wrote:
Meanwhile, some women bloggers took Volokh's invitation seriously and offered answers. At Conglomerate, for instance, Christine Hurt equated pregnancy and childbirth for women to "sports for men, or Dungeons and Dragons." And, back over in the male camp, one commentator called Volokh's invitation "an entirely reasonable response." Having now read this exchange between these two noted legal scholars, my conclusion is this: Law professors have way too much time on their hands. Posted by Robert J. Ambrogi on May 25, 2007 at 03:04 PM | Permalink | Comments (0) Cameras in the Court: Roll 'em -- Or Not I've never bought the arguments against televising Supreme Court proceedings. Cameras enhance public understanding and confidence and the justices and litigants will quickly forget they are there. But with legislation pending in Congress that would require the court to televise its proceedings, the topic takes on renewed urgency. For this reason, a symposium published this week, discussed at the blog Concurring Opinions, is well worth reading. Published by the Michigan Law Review's online journal First Impressions, the symposium features a diverse group of authors exploring the implications of the prospective legislation and the potential risks and benefits of televising the court's proceedings. The contributors:
To download a PDF of the entire symposium, click here. Posted by Robert J. Ambrogi on May 25, 2007 at 02:43 PM | Permalink | Comments (0) Marketers' Favorite Marketing Books Which books do the nation's top legal marketers consider to be the best on marketing, sales and strategy? Marketing consultant Amy Campbell put that question to a "select group" of law firm marketers and marketing consultants. While their responses named many different books, two authors' names came up again and again: Malcolm Gladwell for his business books The Tipping Point and Blink, and David Maister for The Trusted Advisor (co-authored with Charles Green and Robert Galford) and Managing the Professional Service Firm. Based on her admittedly "quick-and-dirty" survey, here are Campbell's top 10 books picked by legal marketers:
That last one must be good; it made the top-10 list even though it will not be published until June. So read and prosper. Posted by Robert J. Ambrogi on May 25, 2007 at 02:40 PM | Permalink | Comments (0) |
Legal Blog Watch |
Current and Historical Blawg Rankings What is the measure of a blawg? Well, one is metrics, and the folks at Justia are using metrics derived from their blawg and podcast search tools to rank the most popular law blogs currently and historically. As Justia CEO Tim Stanley announces here, Justia has added historical snapshots of the most popular blawgs on a monthly basis dating back to its launch of BlawgSearch in October 2006. For each month, Justia lists the 200 most popular blawgs overall, as well as the top 20 blawgs in various categories. Justia ranks blawgs based on the number of visits or podcast plays the blawg receives from the BlawgSearch.com and Blawgs.FM sites. Stanley says that protections are in place to guard against rankings click fraud. He explains:
The rankings reveal the most consistently popular blog to be Above the Law, which is at or near the top of the list nearly every day, Stanley says. Posted by Robert J. Ambrogi on May 23, 2007 at 05:08 PM | Permalink | Comments (0) Pushback on Rising Lawyer Fees Have legal fees and associate salaries reached the tipping point where client pushback will force fees (and potentially salaries) back down? If the postings from this past week in the blogosphere are any indication, I'd say that law firms may need to make some modifications to their pricing structure if they want to keep clients happy. This post from the WSJ Law Blog cites an April survey by legal consulting group Altman Weil that found that GCs aren't too happy about associate salary increases -- which will put more pressure on associates to bill hours to justify the increases. According to the posts, some in-house counsel are restricting firms from using first- and second-year associates on client matters. And other firms have already insulated themselves from the fee increase by using smaller, lower-cost firms. Next, there's this article, Ex BigLaw Associate, Now Fortune 500 GC Calls Pay Surge Ridiculous (NY Lawyer 5/23/07), which profiles John Chou, GC of Amerisource. Chou criticizes associate salaries as "ridiculous" and notes that his company has started looking for other representation because of fee increases by its existing firms. Finally, Larry Bodine writes here that large and small firms are abandoning the billable-hour method to attract new business. And as clients grow increasingly disatisfied with increasing rates, perhaps firms will turn to alternative billing to retain existing clients. Posted by Carolyn Elefant on May 23, 2007 at 05:07 PM | Permalink | Comments (0) |
Legal Blog Watch |
Should Law School Curricula Go Global? In a guest post at The Volokh Conspiracy, Harvard Law School professor Einer R. Elhauge argues that law schools are failing to confront "the reality that the basic law applicable to much conduct simply is multinational." He explains:
This makes no more sense, he contends, than if Harvard Law were to offer a curriculum limited to the law of its home state of Massachusetts. Some law schools, Elhauge acknowledges, are introducing first-year courses in international and comparative law. But these courses tend to focus on resolving conflicts in national laws or on providing perspective on U.S. law. This approach "ghettoizes the laws of other nations, treating them as something to consider at the margins outside the basic legal subjects," he says. As it so happens, Elhauge has just finished co-authoring a casebook on global antitrust law that he believes is the first casebook to take the approach that the law applicable to a basic legal subject is multinational.
This approach, he predicts, will be "the leading edge" of a wave of similar books. Together, "they will transform legal education more than anything else we have seen in the last few decades." While it makes sense to start this global approach to basic law with antitrust law, he adds, "I really should be teaching all my other subjects from a global perspective." Posted by Robert J. Ambrogi on May 22, 2007 at 03:10 PM | Permalink | Comments (0) L.A. Legal -- The Blog The National Law Journal yesterday announced the launch of Legal Pad/LA, a blog devoted to coverage of news about law firms, courts, lawyers and law in the Los Angeles area. According to this announcement, the new blog is the first in a series of regional blogs the NLJ will roll out in major metropolitan areas to broaden and localize its coverage of law firms and legal trends. The L.A. blog is edited by NLJ blog editor Elizabeth Amon and will include posts from NLJ correspondent Amanda Bronstad. Posted by Robert J. Ambrogi on May 22, 2007 at 03:00 PM | Permalink | Comments (0) |
Legal Blog Watch |
Pre-Paid Legal Services Are a Good Bet, but What About Investing in Biglaw? I was surprised to learn that Prepaid Legal Services comes recommended as a strong investment opportunity at two different stock market advice sites, Motley Fool and Seeking Alpha. I'd always believed that pre-paid services were so limited in scope, basically covering simple routine matters like will drafting or uncontested divorce, that they didn't interest many consumers. Plus, a few months ago, I posted on impending FTC regulations that would significantly restrict some of the multilevel marketing schemes employed by Pre-Paid Legal, thereby reducing sales. Finally, I'd often wondered how Pre-Paid Legal is able to attract enough attorneys to handle cases, given the substantial fee discounts that attorneys must offer for work covered by the plan. But apparently, I was wrong about many of these issues. A recent article in the National Law Journal reports that many solo and small-firm attorneys are drawn to providing service for pre-paid plans because the stable income outweighs the low rates. And analysts view pre-paid plans as a good investment for other reasons as well. At Seeking Alpha, Alex Shadunsky writes that Pre-Paid Legal has only one competitor (Hyatt Legal), and its target market consists of 100 million households, with only 1.5 million presently subscribing:
I wonder whether the same considerations that make Pre-Paid Legal such an attractive investment opportunity would also apply if bloggers like Larry Ribstein have their way, and large law firms can go public. Posted by Carolyn Elefant on May 18, 2007 at 04:14 PM | Permalink | Comments (0) Women Lawyers Opting In Used to be that once woman lawyers jumped off the career path, like Hansel and Gretel, they never found their way back. But in some small ways, that scenario may be changing, as more and more professional women are choosing to return to work after spending several years out of the work force to raise children. The trend, referred to as "opting in" is described in this New York Times piece by Lisa Belkin entitled After Baby, Boss Comes Calling (5/17/07; hat tip to Denise Howell). The article reports on many of the resources now available to professional women who seek to return to the work force, such as refresher courses and networking groups that weren't available even as recently as five years ago. Moreover, there's been a sea change in employers' attitudes: With high-skilled talent in demand, firms are actively targeting women who've left the work force for jobs. And even law firms are opting in:
Still, Belkin herself remains skeptical, as do others in the blogosphere. Belkin writes:
At The Conglomerate, Christine Hurt questions whether you can ever really go home again after having left:
Likewise, Belle Lettres is skeptical that this is really a trend:
Maybe opting in is a real trend, or maybe it's just an exaggeration, based on a handful of anecdotal stories as Belle Lettre suggest. And perhaps there are, as Hurt writes, barriers to re-entry. But at the end of the day, who cares? By highlighting the very possibility of opting in, difficult or limited in scope as it may be, we make women realize that there's a chance for second or third acts if they're willing to work hard enough for them. And that may be enough to inspire a talented woman (maybe even another Sandra Day O'Connor, who also left the work force to raise her children) to return to the law. Posted by Carolyn Elefant on May 18, 2007 at 04:10 PM | Permalink | Comments (0) |
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Fallo de la OMC: fin de las bandas La Organización Mundial de Comercio (OMC) declaró que las bandas de precios que protegen a los productos agrícolas tradicionales de la competencia mundial son incompatibles con los acuerdos de comercio internacional. Su fallo cuyo contenido se esperaba es inapelable, y con él culmina una serie de reveses chilenos ante la OMC en esta materia. El Gobierno debe ahora encontrar otro mecanismo para proteger la agricultura tradicional, pues no hacerlo parece políticamente inviable. Se plantea, como alternativa, aplicar un arancel fijo y permanente a estos productos. Chile tiene un arancel uniforme de seis por ciento para todos sus productos, pero su arancel consolidado es decir, el máximo acordado con la OMC es mucho mayor, alcanzando a 31,5 por ciento para el trigo y la harina de trigo, y a 98 por ciento para el azúcar. Esto permitiría fijar los aranceles efectivamente aplicados hasta en ese nivel. Pero elevarlos en forma permanente por sobre el seis por ciento violaría la uniformidad de los aranceles efectivos aplicables a importaciones. En la práctica, tal uniformidad no existe, por los acuerdos comerciales, que los reducen para las importaciones provenientes de los países signatarios, así como por las propias bandas de precios, que funcionaron como un arancel bastante más elevado que el seis por ciento para estos productos. Los problemas de la agricultura tradicional son de larga data, ya que las bandas de precios fueron inauguradas en 1986, y desde entonces han protegido al sector. Esto lo ha ayudado a sobrevivir, pero también ha mantenido la producción en predios que no eran suficientemente productivos para competir con éxito no artificial, y que han necesitado subsidios permanentes. Los productores eficientes, en tanto, reciben un ingreso o renta adicional, pagado por los demás chilenos, debido a una protección que no es estrictamente necesaria para ellos. Así, las bandas retrasan el ajuste necesario en el agro, que, de hacerse, llevaría a desplazar tierras marginales para los cultivos tradicionales hacia otros usos, tales como forestales, praderas ganaderas mejoradas o nuevos productos exportables. En todo caso, como casi todos los sectores productivos, el agro el de exportación y aquel que sustituye importaciones sufre debido al bajo valor del dólar, que reduce la competitividad de nuestras exportaciones, al tiempo que aumenta las importaciones. Se trata de una forma de la "enfermedad holandesa", como consecuencia del alza en el precio del cobre. No es fácil manejar la política económica en esas condiciones, pues un aumento en el gasto, sumamente tentador cuando abundan los recursos, tiende a elevar el precio de los productos no transables y a hacer menos competitivos a los transables. Esto castiga a los exportadores y a las empresas que compiten con importaciones. Una posibilidad sería expandir los programas de conversión de la agricultura tradicional, financiando el uso de fertilizante en praderas ganaderas, así como aquellos que generan un ingreso estable a los pequeños agricultores que plantan bosques. Como gran parte de la industria nacional, el agro sufre, asimismo, por el alza en el precio de la energía. Más aún, la fruticultura de exportación se queja de que, al aumentar el período de punta del sector eléctrico, aunque eso se justifique técnicamente, eleva de modo drástico los costos de las procesadoras en el momento álgido de la poscosecha. En síntesis, el agro enfrenta una serie de dificultades que se potencian recíprocamente. Se requiere, pues, un enfoque global que considere el conjunto de la economía. |
Posteado por El Mercurio a las Mayo 11, 2007 06:45 AM | Comentarios (0) |
Seth Godin The long, tough slog through mediocre-ville. To be the best, Seth Godin explains, you must concentrate your effort, push a little harder, commit a few more resources and leave mediocre to those willing to be average.
About the author:
Seth Godin is a bestselling author, entrepreneur and agent of change. In Free Prize Inside, his follow up to the best selling marketing book of 2003, Purple Cow, Seth helps you make your product remarkable with soft innovations. You need to make each of your employees idea champions so they can find the Free Prize. Godin is author of six books that have been bestsellers around the world and changed the way people think about marketing, change and work. Seth is a renowned speaker as well. He was recently chosen as one of 21 Speakers for the Next Century by Successful Meetings and is consistently rated among the very best speakers by the audiences he addresses. He holds an MBA from Stanford and was called "the Ultimate Entrepreneur for the Information Age" by BusinessWeek.
Legal Blog Watch |
Forward This at Your Own Risk By way of the Fortune magazine blog The Browser comes word of a forthcoming law review article that posits the argument that forwarding an e-mail is a violation of copyright law. In the article, A Copyright Conundrum: Protecting Email Privacy, Ned Snow, assistant professor at the University of Arkansas School of Law, finds a 250-year-old common law tradition granting copyright protection to authors of personal correspondence. While congressional enactment in 1976 of the Copyright Act arguably changed all this, Snow concludes that constitutional limits on the reach of copyright legislation mean that this protection of personal correspondence remains very much alive -- and encompasses e-mail. From the abstract:
This is as it should be, Snow argues in the article, which will be published in a forthcoming issue of the Kansas Law Review. "Any seemingly excessive litigation over email will in the end be productive, ensuring senders' privacy," he writes. "For email to be as thoughtful, clear, and creative as possible, privacy of expression must be recognized." I hereby seek certification as plaintiffs counsel to a class of all who've ever had their e-mail forwarded. Posted by Robert J. Ambrogi on May 3, 2007 at 02:03 PM | Permalink | Comments (0) Quiet Firm Manages Old Media Money With media magnate Rupert Murdoch's $5 billion bid this week for Dow Jones & Co., parent to The Wall Street Journal, attention was focused on the Bancroft family, old-line New Englanders who own the controlling stock of Dow Jones. As a fascinating report today in The Boston Globe describes, the family "has shunned hands-on management and has instead entrusted much of its legacy to powerful but discreet Boston lawyers."
Hemenway & Barnes is a 144-year-old firm with 30 lawyers engaged primarily in trusts-and-estates law. As the Globe reports, its motto, "A Wealth of Experience," "neatly describes its niche: managing old money." One partner, Michael B. Elefante, not only serves as Bancroft family attorney but he also sits on the 17-member Dow Jones board of directors, along with three Bancroft family members. Another Boston lawyer described Hemenway as the Bancroft family's "de facto gatekeeper." The Globe explains:
Robert Glovsky, president of Mintz Levin Financial Advisors in Boston, explained it to the Globe this way: "Instead of giving money to the banks in those days, they gave it to their lawyers." Ah, the good old days of good old money. Posted by Robert J. Ambrogi on May 3, 2007 at 02:00 PM | Permalink | Comments (0) The Uneven Partnership Track Women lawyers jump off the partnership track at a much higher rate than their male counterparts, and the reason remains rooted in the "neo-traditional division of family labor" that leaves women bearing greater responsibility for children and households. This is the conclusion of a report published yesterday, Women Lawyers and Obstacles to Leadership, from the MIT Workplace Center. The report draws on the findings of two surveys, one of attrition rates in Massachusetts law firms and the other of career decisions in the practice of law. It seeks to provide an explanation for the "confounding fact" that women and men have been graduating from law school and entering firms in virtually equal numbers for at least 15 years, but women make up only 17 percent of firm partners. Even excluding the period before women entered firms in large numbers, the number of women partners would only be 21 percent. The report finds that women leave the partnership track at a much higher rate than men. Some move to off-track positions within their firms, but nearly a third of associates and another third of nonequity partners leave firm practice entirely, compared with less than 20 person of men at both levels, the report says. They leave because of the difficulty of combining law firm work and child rearing. And those women who stay at a firm part time do not receive treatment equal to their full-time counterparts. Interestingly, men on the partnership track, on average, have more children than their female colleagues, but few adopt part-time schedules to care for family. The difference: Most male lawyers live with someone who is able to assume responsibility for family care. By contrast:
In The Boston Globe, Lauren Stiller Rikleen, a senior partner at the law firm Bowditch & Dewey and author of the book, Ending the Gauntlet: Removing Barriers to Women's Success in the Law, says of the survey: "This shows that we are reaching a crisis point when it comes to the retention and advancement of women in the legal profession, and therefore a crisis point when it comes to women leaders generally." Posted by Robert J. Ambrogi on May 3, 2007 at 01:58 PM | Permalink | Comments (0) |