Experiencias personales enriquecen carrera de designada al Tribunal Supremo

Experiencias personales enriquecen carrera de designada al Tribunal Supremo

(Sonia Sotomayor es la designada para reemplazar al juez David Souter) (564)

 

 

Por Merle David Kellerhals Jr.
Redactor

Washington - Un juez del Tribunal Supremo debe tener no solo "maestría en la ley" sino que también "experiencia en ser sometida a la prueba de obstáculos y barreras", dijo el presidente Obama, el 26 de mayo.

Sonia Sotomayor, jueza del Tribunal de Apelaciones de Estados Unidos, tiene esa experiencia, agregó Obama al designarla como candidata para jueza de la corte judicial más importante de Estados Unidos. De ser confirmada por el Senado de Estados Unidos, Sotomayor sería la primera mujer hispana, y la tercera mujer, que sirve en el Tribunal Supremo.

"Creo firmemente en el imperio de la ley, como el fundamento de todos nuestros derechos básicos. Hasta donde recuerdo mi inspiración han sido los logros de nuestros próceres. Ellos establecieron los principios que han perdurado por más de dos siglos", declaró Sotomayor en la Casa Blanca.

"Sería par mí un profundo privilegio desempeñar un papel en aplicar esos principios a las cuestiones y controversia que actualmente enfrontamos", añadió.

Sotomayor ha servido 11 años como jueza del Tribunal de Apelaciones en el  Segundo Circuito de Nueva York, puesto al que fue designada por el presidente demócrata Bill Clinton. Antes, el presidente republicano George H. W. Bush la había designado jueza  del Tribunal de Distrito de Estados Unidos, también en Nueva York. Sotomayor ha ejercido también como abogada, para una empresa privada y como ayudante de fiscal de distrito en la Ciudad de Nueva York.

"Durante una distinguida carrera que se extiende por tres décadas la jueza Sotomayor ha trabajado en casi todo nivel de nuestro sistema judicial, acumulando una profunda experiencia y una amplia perspectiva, que le serán invalorables la jueza del Tribunal Supremo", dijo Obama.

"Pero tan impresionante y significativa como las credenciales de la jueza Sotomayor en la ley, también lo es su extraordinaria jornada", afirmó el presidente.

Los padres de Sotomayor llegaron a Nueva York procedentes de Puerto Rico durante la Segunda Guerra Mundial. Su padre murió cuando ella tenía 9 años. Sotomayor fue criada por su madre, en un edificio de vivienda pública en el Bronx, un distrito de la ciudad de Nueva York. Ganó becas que le ayudaron a asistir a la Universidad de Princeton y luego asistió a la Facultad de Derecho de Yale.

"Me apoyaron un sin número de personas", dijo Sotomayor, al recordar que su madre con frecuencia tuvo que trabajar en dos empleos a la vez para mantener a su familia.

"Aunque crecí en circunstancias muy modestas y difíciles, yo considero que mi vida es de riqueza inconmensurable. Crecí un proyecto de vivienda pública en el Bronx, pero estudié en dos de las mejores universidades del país", afirmó.

Dijo Sotomayor que la variedad  de su experiencia personal y profesional ha ayudado a Sotomayor  a"apreciar la variedad de perspectivas" que ocurren en cada caso legal. "Me ha ayudado a comprender, respetar y responder a las preocupaciones y los argumentos de los litigantes que se me presentan".

"Hago todo esfuerzo para no olvidar nunca las consecuencias en el mundo real de mis decisiones con respecto a las personas, las empresas y el gobierno", dijo Sotomayor.

La historia de Sotomayor demuestra que "en Estados Unidos ningún sueño está fuera del alcance de uno", dijo el presidente Obama.

Para más información véase también: Obama designa a Sonia Sotomayor al Tribunal Supremo de Estados Unidos ( http://www.america.gov/st/usg-spanish/2009/May/20090527093818emanym0.1392938.html ).

(El Servicio Noticioso desde Washington es un producto de la Oficina de Programas de Información Internacional del Departamento de Estado de Estados Unidos. Sitio en la Web: http://www.america.gov/esp )
      ************************************************************
        La Oficina de Programas de Información Internacional del
       Departamento de Estados Unidos distribuye USINFO-NOTICIAS.
                Puede encontrar información adicional en
                       http://www.america.gov/esp/

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lawyerschile: In Praise of Self-Laudatory Lawyer Ads

In Praise of Self-Laudatory Lawyer Ads

Bans on self-laudatory lawyer ads are paternalistic, overly broad and elitist -- not to mention unconstitutional. That is the argument made by Nat S. Stern, a professor at Florida State University College of Law, in a newly published research paper, "Commercial Speech, 'Irrational' Clients, and the Persistence of Bans on Subjective Lawyer Advertising."

It is an area in which lawyers tread carefully in their advertising and marketing materials. We avoid being subjectively boastful about ourselves or comparing ourselves to our competitors. "Just the facts, ma'am," is the mantra of lawyer advertising. Many lawyers exercise this discretion willingly, while others feel compelled by state ethics rules, both express and implied.

But to the extent states place categorical bans on self-laudatory lawyer ads, they are probably at odds with Supreme Court doctrine regarding the permissible limits on commercial speech, Stern says.

A categorical ban on such claims rests on premises at odds with the Court's commercial speech jurisprudence. In particular, the prohibition clashes with the Court's disapproval of sweeping restrictions rooted in paternalistic assumptions about the public's capacity to assess commercial advertising. Admittedly, the Court has indicated some latitude for states to curb representations about legal services that are not susceptible to objective verification. Given the broader foundations of commercial speech doctrine, however, these pronouncements cannot be taken to support wholesale suppression of attorney advertising that exceeds the narrow presentation of data.

A key flaw in such bans is the belief that consumers are too gullible and naive to sort through lawyers' claims of excellence, Stern argues. Such paternalistic policies rest on shaky ground, he contends. "It seems doubtful that the public cannot place in proper perspective attorneys' claims of excellence or expertise." More to the point, such policies conflict with Supreme Court jurisprudence involving commercial speech. "In other contexts, the Court has resisted state attempts to decide which communications in the realm of opinion are worthy of expression."

State rules against subjective claims "remain one of the last bastions of restrictions on attorneys' advertising," Stern asserts. It is not, however, a bastion likely to tumble in one fell swoop. Instead, he believes such restrictions will be whittled away piece by piece. Even that, he says, "would advance the salutary notion that the profession responsible for defending First Amendment principles also enjoys their protection.

[Hat tip to Media Law Prof Blog.]

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Posted by Robert J. Ambrogi on May 28, 2009

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lawyerschile: A Titillating Tell-All Book for Small-Firm Lawyers

A Titillating Tell-All Book for Small-Firm Lawyers

So there's another BigLaw tell-all making the circuit. First there was lawyer-turned-sex-novelist Deidre Dare, whose erotic stories about a fictional BigLaw lawyer's party life in Moscow were said to be based on her real-life experiences there as a lawyer with Allen & Overy. Now comes the former Sidley Austin associate known only as ZZ and his memoir about sex, drugs and fast-living while working in Sidley's office in Beijing.

As scandalously delicious as these books may be, they leave the literary and legal worlds with the distinct misimpression that only BigLaw lawyers have libidinous tales to tell. The truth is, life is no less lascivious for lawyers in solo and small firms. Even though discretion keeps us from blasting our bawdy behavior to the world at large, do not for a nanosecond believe it's all billable time behind our closed office doors.

Hoping to help set the record straight on behalf of solo and small-firm lawyers everywhere, I've decided it's time to write a tell-all of my own. I've just started to outline all the tawdry details, but to whet readers' appetites -- and, one might hope, set the stage for phenomenal book sales -- allow me to tease you with a few tantalizing tidbits I intend to reveal in all their salacious detail:

• How I PARTIED ON A SIX-FIGURE INCOME. (If you count the cents column.)
• The time I SPENT A WEEKEND with my office manager. (Granted, she was my wife.)
• My WILD RIDE IN A FAST CAR. (At least my son enjoyed Space Mountain.)
• The time I ATE 'SHROOMS at a judicial reception. (How those caterers stuff in so many breadcrumbs, I'll never know.)
• The object of MY SECRET LUST. (I'll get that new scanner one of these days.)
• My SIX HOURS IN A HOTEL ROOM with opposing counsel. (I thought the deposition would never end.)
• How I SQUANDERED MY EXPENSE ACCOUNT on a business associate. (Who knew Applebee's would cost more than $20?)
• Why I once had a STRIPPER IN THE OFFICE. (The place looked much better once the old wallpaper was gone.)
• The time I TOOK MONEY FROM MY TRUST ACCOUNT. (It was right after I billed the client and earned the fee.)
• How I SECRETLY ADMIRE MY EMPLOYER. (Wait, that's weird, I am my employer.)
• Why I decided to COME OUT OF THE CLOSET. (Once I put the broom away, what else would I do in there?)
• The time I offered to PLEASE THE COURT. (My opponent in the appellate argument had already made the same offer.)
• My ALL-NIGHTER ON COKE. (Diet Coke, actually, but at least I made the filing deadline.)

Not wanting to give it all away, let me stop there. No doubt, I've already revealed enough to make my point. The life of a small-firm lawyer is no less glamorous, no less scandalous, no less titillating than that of any BigLaw lawyer working in some exotic overseas city. The one place I'm stuck is on a title. Dare called her book Expat. ZZ named his China High. I'm thinking something like Solo Survivor.

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Posted by Robert J. Ambrogi on May 28, 2009

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lawyerschile: And Now, Our Report From Cannes

And Now, Our Report From Cannes

What with blogging and twittering and all, we weren't able to make it to Cannes this year for the annual gathering of the film world's glitterati. One Texas lawyer did find the time to attend, and where Texas lawyers go, so goes Tex Parte Blog, in spirit if not in fact.

Jenny B. Davis posts there about Sally Helppie, a practicing lawyer in Dallas who more than moonlights as a movie producer. Of counsel to the firm Tipton Jones, where she practices entertainment law and commercial litigation, Helppie is just back from Cannes after screening her latest film, "The Beacon," at the Marché Du Film, an industry gathering that runs alongside the higher-profile Festival de Cannes. This year, Helppie tells Davis, she was selected as a member of the Producers Network, which gave her access to special conferences and cocktail parties.

In March, Texas Lawyer had a more in-depth profile of Helppie, who was a working actor in Hollywood before attending law school at UCLA. After graduating in 1985 and moving to Texas, she kept one foot in the entertainment world by representing writers, producers and others in the field. In 2006, one client approached her about starting a production company in Dallas, and her producing career was launched.

Described as a supernatural thriller, "The Beacon" is the second film her company, Sabbatical Pictures, has produced. The first, "Exit Speed," was an action film that had a limited theatrical release and is now out on DVD. The screenwriter for "Exit Speed," as it happens, is Helppie's husband, Michael Stokes, an award-winning professional writer.

And Helppie has no qualms about casting friends and family in her films. "Extras are not covered by SAG contracts, so you can let friends and relatives have walk-on parts without dealing with union contracts," she says. Not surprisingly, some of those friends also happen to be lawyers. In fact, one former colleague, Paul E. Coggins, a principal in the Dallas office of Fish & Richardson and the former U.S. attorney for the Northern District of Texas, has had plum walk-on roles in both of Helppie's films -- as a doctor, not a lawyer.

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Posted by Robert J. Ambrogi on May 28, 2009

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e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile: Sotomayor: The Second 24 Hours

Sotomayor: The Second 24 Hours

My partner-in-blog Carolyn Elefant did a great job yesterday rounding up the first 24 hours' reaction among bloggers and pundits to President Obama's nomination of 2nd Circuit Judge Sonia Sotomayor to the Supreme Court. Needless to say, the tsunami of commentary continues -- from bloggers, tweeters, columnists and YouTubers -- in what The Boston Globe today describes as a cyberspace blitzkrieg. So let us check in on what the second 24 hours has brought.

No clear pattern on First Amendment. The Reporters Committee for Freedom of the Press and the First Amendment Center say Sotomayor has attracted both praise and criticism for her rulings involving free speech and the news media. "It is surprising to see that no clear standard on First Amendment issues has emerged from her many cases," the RCFP says.

No set bias on business cases. Just as Sotomayor's rulings on First Amendment cases have varied, so her rulings in business cases have failed to define her as either pro- or anti-business, John Schwartz writes in The New York Times. "It's impossible to look at these decisions and say, oh, all of these results clearly reflect a pre-existing, across the board bias one way or another," Supreme Court litigator Andrew J. Pincus tells Schwartz.

The nominee as legal realist. Jess Bravin writes in the Wall Street Journal that Sotomayor's 1996 talk at Suffolk University Law School in Boston may provide clues to her judicial philosophy. Citing the teachings of Judge Jerome Frank, who promoted legal realism, Sotomayor said, "The law that lawyers practice and judges declare is not a definitive, capital 'L' law that many would like to think exists."

A closet sovereigntist? At Opinio Juris, Julian Ku looks at Sotomayor's opinions involving the application of international law. "My very quick scan suggests that, whatever else her critics can say, her judicial record does not suggest she will be a particularly 'transnationalist' justice," Ku concludes.

A take-no-guff temperament. McClatchy Newspapers says Sotomayor's style could well alter the dynamics of the Supreme Court. "White House officials consider Sotomayor's take-no-guff temperament a sign that she can hold her own among the Supreme Court's aggressively conservative justices, starting with Antonin Scalia," the article reports.

Hints of her abortion stance. Charlie Savage writes in The New York Times that some abortion rights advocates fear that Sotomayor might not be a sure bet to uphold Roe v. Wade. She has never directly ruled on the issue, but some opinions that touched on it tangentially reached outcomes that were favorable to abortion opponents, Savage reports.

And so it continues and will continue still. Stay tuned for further developments.

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Posted by Robert J. Ambrogi on May 28, 2009

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'USA: The battle over medical marijuana'

'USA: The battle over medical marijuana'
by Hoa Quach

[caption id="attachment_76703" align="alignright" width="180" caption="Photo by Neeta Lind on Flickr"][/caption]

In the United States, 13 states currently allow citizens to use marijuana for medicinal purposesa, but even these limited rights are under threat. In response, many Americans have created blogs to support and extend the legalization of marijuana.

The American debate over legalizing marijuana (cannabis) can be traced back to the early 1900s when people began using it for recreational purposes. More than one hundred years have passed and the debate hasn't loss one ounce of heat.

State vs. federal law in courts

In February, Attorney General Eric Holder announced that the federal government would no longer raid medical marijuana clubs that abide by state laws. Despite this announcement, those opposing the drug are still fighting the battle. Most recently, a Republican Senator in Oklahoma, Tom Coburn, introduced an amendment to a bill that would force states to abide by the federal government, which has not yet passed a bill to legalize marijuana nationwide. The amendment failed to pass by a narrow vote on May 21.

A blogger for NORML Daily Stash, Dudemaster, quoted from an article on Opposing Views by Americans for Safe Access about the foiled attempt to stop medical marijuana:
"At present, the only way for medical marijuana to be properly evaluated by the FDA is for privately-funded sponsors to conduct FDA-approved clinical trials (like any other drug evaluation). If Senator Coburn's intentions with regard to the medical efficacy of marijuana were genuine, he would consider first removing the monopoly imposed by the Drug Enforcement Administration (DEA) on licenses for the cultivation of medical-grade cannabis for research purposes. Currently, the DEA exclusively licenses the cultivation of medical-grade cannabis to the National Institute for Drug Abuse (NIDA), which primarily investigates only the negative effects of cannabis. This monopoly obstructs any investigation and research in the U.S. into the medical properties of cannabis and thwarts the normal drug approval process.
In California, a longtime legal battle also came to an end earlier this month. Two counties, San Diego and San Bernardino, attempted to overturn a 1996 state law that allows the medical usage of marijuana by bringing the case to the U.S. Supreme Court. They lost the case on May 18. Scott Morgan of the Stop the Drug War Organization blogged about the counties'  court loss:
"For the hundredth time, conflict with federal law is not an obstacle to passing and implementing state laws that permit medical marijuana. Federal law enforcement can come in and cause trouble, but that doesn't make state laws invalid. Those laws still apply and provide valuable protection against state police, who patients are more likely to come in contact with.

The very idea that federal law somehow cancels out state policies is just some made-up nonsense that enemies of medical marijuana have been spewing in desperation for several years now. Nice try, but you're wrong. Case closed."
[caption id="attachment_76799" align="aligncenter" width="300" caption="Medical marijuana club in San Francisco, by Thomas Hawk on Flickr"][/caption]

Joe Elford from Americans for Safe Access blogged about his experience in a court room in California on May 26 where he presented an oral argument in favor of medical marijuana. The case concerns a group of cannabis patients who claim to have been harassed by the sheriff's department.
I had an oral argument before the Court of Appeal for the Third Appellate District, which is a state court in Sacramento. The case is Williams v. Butte County , which involves a small patient collective, which was harassed by the Butte County Sheriff's Office. Specifically, Williams and six other patients pooled their labor and resources to maintain a 41-plant garden on Williams' property. During one of the notorious Butte County sweeps several years ago, Deputy Sheriff Jacob Hancock came to Williams' property without a warrant and required him to tear down all but twelve of the plants upon threat of arrest...
Blogging for marijuana rights

Although medical marijuana is legal in California, only 12 other states have adopted the same policy. This leaves many advocates constantly campaigning to legalize the drug nationwide. Advocates have taken their protest to the blogosphere, often listing the many reasons why marijuana is beneficial.

On the blog of the Marijuana Policy Project, MPP Blog, Bruce Mirken presents a study that shows cannabis can help against colorectal cancer, and insists that medical marijuana "is not just about getting high".

The Stimulist gives five reasons why he think marijuana will be legalized - including the fact that baby boomers are growing older; the decline in the popularity of the drug war; and the economic benefits:
"California's economy is hurting, and Governor Arnold Schwarzenegger is looking for any way he can to make some money. San Quentin and the L.A. Coliseum are for sale, but the most drastic measure he's taken is calling for a study on legalizing dope. "Creating extra revenues, I'm always for an open debate on it," he said earlier this month."
Entire online news communities about marijuana have been created, including maps that show users where to find the nearest cannabis clubs, photo sharing communities and forums.

Despite, its many supporters - opposition is still strong and therefore, a federal law legalizing marijuana may be far down the road.

Deb-HAS-grn blogs at Green Passion about a conversation she had recently with her son.
"I was talking to my son a few months ago about my love of growing and my new place on the internet, Green Passion, I also was saying to him, As I get older my desire to need to see pot legalized grows stronger and stronger. His words responding to that should not of surprised me as I have thought the same myself, but at the time when he said to me, Mom I am sorry to say this but I honestly don't think they will legalize marijuana for many many years to come. It kind of hit me hard hearing those words and thinking I may never see the day that I would be legal to grow and smoke as I please. And I am not talking about the first much needed legalization of medical marijuana in all countries, I am talking about the freedom to do as I please when I please when it comes to weed."

You may view the latest post at
http://globalvoicesonline.org/2009/05/27/usa-the-battle-over-medical-marijuana/

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e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile GPS: A Divorce Lawyer's Best Friend

GPS: A Divorce Lawyer's Best Friend

Let's say that you're a divorce lawyer and you want to help your client figure out whether her spouse is cheating. You could hire an investigator -- but that could get pricey. Or you could try to get your hands on the spouse's automated toll paying service records which would yield information on his whereabouts if he happened to drive through a toll plaza.

These days, a divorce lawyer's best friend in this kind of situation is a GPS (global positioning system), according to the Chicago Sun-Times. A spouse can legally conceal the GPS in the glove compartment or seat pocket, and depending upon the model of the GPS, track his or her partner's whereabouts in real time. With GPS units selling for less than $1,000, they're now regarded by divorce attorneys like Illinois' Enrico J. Mirabelli as "the poor man's investigator."

According to the article, Mirabelli rarely even bothers to subpoena I-Pass reports, because the GPS information is much more detailed. And he claims that GPS trackers have saved him up to 80 percent of the expense of hiring a private investigator who might sit around for 12 hours a day without witnessing any activity.

Because many jurisdictions are "no fault," evidence of infidelity won't affect division of assets. However, evidence generated by a GPS can still be used to demonstrate that a spouse is unfit where custody is an issue.

The GPS sounds like a neat trick, but how long can it work? Seems to me that as word about GPS surveillance gets out, cheating spouses will simply start checking their cars more carefully to see if a GPS is concealed.

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Posted by Carolyn Elefant on May 27, 2009 at 10:02 AM

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Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile: Human Rights Lawyers Threatened in China

Human Rights Lawyers Threatened in China

Nearly 20 lawyers in China stand in jeopardy of losing their livelihood, reports The New York Times. But in contrast to the scores of unemployed American lawyers who are victims of the economy, the lawyers in China are victims of their own government, which is taking retaliatory action to discourage them from handling certain controversial cases.

According to the report, Beijing legal authorities have threatened to hold up or outright deny law licenses of 18 of the city's best known civil rights lawyers, who have handled cases such concerning Tibetan political activism and police brutality matters or the tainted milk lawsuits. While authorities in rural China have taken these types of retaliatory actions in the past, as a general matter the Beijing renewal process has been free of this kind of controversy.

There's additional information from the Associated Press.

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Posted by Carolyn Elefant on May 27, 2009 at 03:00 PM

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Diplomado en "Responsabilidad Social Empresarial" de la ONU
Diplomado en "Gestión del Conocimiento" de la ONU

 

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lawyerschile: The First 24 Hours: A Sotomayor Roundup

The First 24 Hours: A Sotomayor Roundup

It's been a little over 24 hours since President Obama announced his first nomination for the United States Supreme court, 2nd Circuit judge Sonia Sotomayor. And while one day may scarcely give Judge Sotomayor enough time to prepare for the numerous private meetings with Senators that lie ahead, it's more than enough time to give bloggers and commenters enough time to offer opinions and observations.  So with that said, here's a topical roundup of some of posts and other commentary on Judge Sotomayor from around the blogosphere and the Web:

Environmental Issues: Alex Kaplun of The New York Times writes that Judge Sotomayor is a popular pick with environmental groups. While on the 2nd Circuit, Sotomayor wrote an opinion agreeing with an environmental group's argument that EPA was required to choose the best technology for a cooling-water intake at a power plant without regard to balancing costs and benefits. Ultimately, however, the Supreme Court disagreed, overturning the 2nd Circuit by a 6-3 vote in Entergy v. EPA. 

Sotomayor and Roberts on Tax Law: At Tax Girl, Kelly Erb points out that Justice Roberts criticized a decision by Judge Sotomayor on tax law (specifically, deductibility of adviser fees for management of a trust) as "flying in the face of the statutory language." Still, the Supreme Court upheld Sotomayor's result, for different reasons.

Sotomayor's Experience in Sentencing: Sentencing guru Doug Berman points out in two posts, here and here, that Sotomayor is unique in that she has actually had experience sentencing defendants under federal guidelines, including during the time where the guidelines were mandatory. Berman is not sure how this will impact Sotomayor's decisions, but he notes that "the mere fact that she has a record as a federal sentencing judge sets her apart from every Justice to serve on the Court in my lifetime."

Sotomayor on Baseball: The WSJ Law Blog has a pretty good roundup of news stories on Judge Sotomayor, including a link to a New York Times story on Sotomayor's role in the baseball strike. (Would that mean that she'd have to recuse herself from baseball-related cases at the Court?)

Sotomayor -- Shades of Souter?: An interesting piece from Bloomberg argues that Sotomayor bears some similarity to her predecessor on the Court, Justice Souter. Apart from the obvious superficial commonalities -- he's a bachelor and she's a bachelorette -- the article  points out that Souter and Sotomayor support broad application of civil rights to protect minorities, have both voted to limit the right to bear arms and are both somewhat centrist, with left leanings.

Sotomayor and Business: Jonathan Adler at The Volokh Conspiracy considers the pros and cons of a Sotomayor confirmation for business interests, while Walter Olson of Overlawyered examines the same question in a column up at Forbes.

As the confirmation hearings get underway, there's sure to be more news regarding Judge Sotomayor's views, so stay tuned.

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Posted by Carolyn Elefant on May 27, 2009 at 03:07 PM

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Diplomado en "Responsabilidad Social Empresarial" de la ONU
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Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
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Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

The Best Weapon Against Pirates? Lawyers.

The Best Weapon Against Pirates? Lawyers.

Call it Blackbeard meets Blackacre. In the early part of the 18th century, in the glory days of peg-legged, hook-handed pirates, it was not naval prowess that sunk their ships so much as the threat of lawyers nipping at their heels. "Most important in bringing pirates to their end was a series of early 18th-century legal changes that made it possible to effectively prosecute pirates," writes Peter T. Leeson in a fascinating guest post at The Volokh Conspiracy.

Leeson is an economics professor at George Mason University in Fairfax, Va., and author of the book, The Invisible Hook: The Hidden Economics of Pirates. At a time when piracy appears to be on the upswing, his post -- and, no doubt, his book -- provides interesting perspective on how best to battle piracy on the high seas.

Well before the 1700s, England tried siccing lawyers on pirates, but with limited success. Before 1536, England tried pirates in admiralty courts under civil law. But convictions proved hard to come by, given the law's requirement that the accused either confess guilt or be identified by two eyewitnesses. A 1536 law loosened the elements of proof and was moderately more successful in obtaining convictions. But colonial governments were uncooperative in paying the costs to ship captured pirates back to England for trial.

All that changed in 1700, with a law that permitted colonial governments to try and execute pirates on location. "No longer constrained by the need to send pirates to England for trial, the 1700 law proved to be a critically important legal change for bringing pirates to justice," Leeson writes. What is most interesting is why this law was effective and how pirates tried to exploit a loophole.

The "why" might not be a total surprise, given that Leeson is an economist, not a lawyer. The law did not so much scare pirates into going straight as it did increase the booty required to operate their unlawful enterprises. Pirates were forced to spend more money on the legal defense of their crew members while also finding it more and more difficult to recruit new crew.

Somewhere along the line, some clever pirate lawyer lifted his looking glass and spotted a loophole in all this. No man could be convicted who could show that he was forced into piracy. How might they show this? Why, take out an ad, of course.

An ad of force was a newspaper ad, published by an allegedly conscripted sailor's released captain or fellow seamen on behalf of their forced compatriot, publicly certifying that the sailor had been "forced against his will" to join so-and-so's pirate crew on this such-and-such date, etc. If this pirate crew was ever captured ... the ostensibly forced sailor could point to his ad in his defense at his trial and the court might consider this evidence for his claim, thus increasing his chances of being let off.

These ads resulted in at least some pirates getting off the hook, so to speak. The lesson for modern times, Leeson suggests, is that if lawyers come after pirates, pirates may fight back with lawyers of their own, "manipulating the law as the law seeks to manipulate them." Leaving lawyers to shiver in their timbers.

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Posted by Robert J. Ambrogi on May 22, 2009

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Rodrigo González Fernández
Diplomado en "Responsabilidad Social Empresarial" de la ONU
Diplomado en "Gestión del Conocimiento" de la ONU

 

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www.el-observatorio-politico.blogspot.com
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Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile: Chew on This: $10.6M for Chaw

Chew on This: $10.6M for Chaw

In a victory sure to be hailed by professional baseball players everywhere, a Massachusetts judge is expected to give his approval today to a $10.65 million settlement of a class action lawsuit involving smokeless tobacco, the Boston Herald reports. Notably, the settlement represents a win not for health advocates but for consumer advocates, given that the lawsuit was for price fixing.

"This is the largest settlement per consumer in the country in a case involving price fixing for smokeless tobacco," Robert Bonsignore of Bonsignore & Brewer, the attorney who represented the plaintiffs, told the Herald. "It wasn't bad enough that they have more than 80 percent of the market share on a product that is more addictive than heroin, they also fixed the price."

Under the terms of the proposed settlement with U.S. Smokeless Tobacco Co., consumers could receive cash payments of $25 to $700 after filing claims. The company, a subsidiary of tobacco giant Altria, sells the brands Copenhagen, Skoal, Red Seal and Husky.

In other tobacco-litigation news, Reuters reports today that the D.C. Circuit Court of Appeals has upheld a lower court ruling that cigarette companies, including Altria, violated federal racketeering laws by conspiring to lie about the dangers of smoking. The full 92-page ruling is here: U.S. v. Philip Morris USA Inc.

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Posted by Robert J. Ambrogi on May 22, 2009

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Rodrigo González Fernández
Diplomado en "Responsabilidad Social Empresarial" de la ONU
Diplomado en "Gestión del Conocimiento" de la ONU

 

www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
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Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile: Study: British Lawyers Get No Respect

Study: British Lawyers Get No Respect

Legal and other professionals play vital roles in supporting Britain's economic, political and social structures. Yet they don't get the respect they deserve, from either the government or the general public. That is the conclusion of a research report released today, British Professions Today: The State of the Sector. The report was prepared by Spada Research, a branch of the U.K. professional-services consulting firm Spada, on behalf of three major professional organizations, The Law Society, the Royal Institution of Chartered Surveyors and the Chartered Institute of Management Accountants.

Professionals in the UK form part of the backbone of the services-based economy, play key roles in the political process, and, perhaps most importantly, provide vital services in our day-to-day lives. Yet, the professions have come under attack from dual fronts: from government, which often fails to consider professional expertise in relevant policy areas; and from the general public, which has come to view professionals suspiciously in an era of declining deference to authority.

The report is described as "a first attempt to set forth a condensed overview of the value and scope of British professions -- historical, regulatory, economic, social and political." It sets the stage for a broader discussion of the professions by tracing their history -- from their rise to prominence in the 19th century to their more recent decline in the perception of the general public. "Trends ... chart a slow but sure fall in the percentage of people who are very or fairly satisfied with the way that accountants and lawyers do their jobs."

While the report is heavy on reporting the sorry state of the professions, it is somewhat light on offering solutions. Its overarching recommendation is that the professions should not be taken for granted -- and that the professions should take the lead in ensuring that doesn't happen. To that end, it suggests:

• Formulation of new methodologies and metrics for analyzing the professions as well as greater transparency and consistency in their reporting.
• Cooperation among the professions in working together and speaking with a single voice to government and the general public.
• Strengthening of professional standards, including rigorous qualifications, high-quality codes of practice, sufficient monitoring and appropriate disciplinary mechanisms.

Although the report's focus is the U.K., some of the research it draws on comes from the United States and a number of its findings are as fitting to professionals here as in Britain. Clearly, its central point -- that lawyers and other professionals need to address their decline in the public's esteem -- sounds resoundingly close to home.

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Posted by Robert J. Ambrogi on May 20, 2009

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Oficina: Renato Sánchez 3586 of. 10
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e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile; Juror du Jour: Boredom His Downfall

Juror du Jour: Boredom His Downfall

Lesson to jurors: You can run, but you can't hide. Witness this item from today's news:

A Hillsboro, Ore., man who left jury duty after lunch because he was "extremely bored" was due back at the courthouse Tuesday to be arraigned on a charge of contempt of court.

A police report says officers found 25-year-old Grant Faber near his home earlier this month and asked why he skipped out. He said he was bored, and "just couldn't take it" anymore.

Washington County Judge Gayle Nachtigal issued a warrant for his arrest.

In a report about Faber's arrest in The Oregonian, Judge Nachtigal emphasized the importance of jury duty. "I think it is one of the most important civil responsibilities that citizens ... have," she said.

News reports do not say whether Faber was on a panel and sitting through a trial or merely enduring the seemingly endless wait to find out if he would be on a panel. If the former, then perhaps charges should also be brought against the trial lawyers for their roles in aiding and abetting the juror's boredom.

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Posted by Robert J. Ambrogi on May 20, 2009

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Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile: It's Official: Nominee Is a Hispanic Woman

It's Official: Nominee Is a Hispanic Woman

For all you out there who have been making short lists and debating the relative merits of the potential nominees, the wait is over. The nominee's name has been announced and, if approved, the female lawyer who has been selected would become the first Hispanic to fill the seat.

That's right. We now know that Carmen M. Ortiz, 53, has been selected to become U.S. attorney for the district of Massachusetts. (What? You thought I was referring to a different vacancy?) U.S. Senators Edward M. Kennedy and John F. Kerry yesterday recommended that President Obama nominate Ortiz to fill the highest federal law enforcement position in the state, The Boston Globe reports today.

The daughter of Puerto Rico natives, Ortiz grew up poor in New York City's Spanish Harlem. She has worked in the U.S. attorney's office in Massachusetts for 12 years and spent another 10 years as a state prosecutor. In 1990, while working at the Center for Criminal Justice at Harvard Law School, she served on a commission appointed by the National Football League to investigate sexual harassment allegations by a Boston Herald reporter against members of the New England Patriots.

In 1992, as legal counsel to the U.S. Senate Committee on Foreign Relations, she was part of a six-member team that investigated allegations that campaign workers for Ronald Reagan and George H.W. Bush tried to undermine the 1980 re-election prospects of President Carter by delaying the release of the Iranian hostages, according to the Boston Herald. She is a 1981 graduate of George Washington University Law School.

Ortiz would be not only the first Hispanic but also the first female U.S. attorney in Massachusetts. She was chosen over two other finalists, Michael B. Keating and Martin F. Murphy, both partners at the law firm Foley Hoag. "We believe that her prosecutorial experience, commitment to public service, and insight into criminal justice issues will make her an exceptional United States Attorney," the two senators said in a statement announcing her selection.

The National Law Journal has an update on U.S. attorney nominees in other jurisdictions.

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Posted by Robert J. Ambrogi on May 20, 2009

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e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

Craigslist Sues and AG Backs Off

Craigslist Sues and AG Backs Off

Craigslist CEO Jim Buckmaster announced on his blog this morning that he has filed a lawsuit against South Carolina Attorney General Henry McMaster over his repeated threats to file criminal charges against the company. "Mr. McMaster's repeated threats of criminal prosecution should we refuse to shut down craigslist for South Carolina have left us little choice but to seek declaratory relief before the court," Buckmaster said.

Earlier this month, McMaster sent Buckmaster a letter threatening criminal prosecution if "the portions of the Internet site dedicated to South Carolina and its municipal regions and which contain categories for and functions allowing for the solicitation of prostitution and the dissemination and posting of graphic pornographic material are not permanently removed" by the close of business on May 15. On Friday, McMaster's Web site posted a notice saying that Craigslist had not complied. "We have no alternative but to move forward with criminal investigation and potential prosecution."

Buckmaster's post says that the AG's threats ignore the fact that Craigslist "is operating in full compliance with all applicable laws," has eliminated its "erotic services" category and has adopted stricter screening measures. He goes on to say:

Interestingly, if you read Mr McMaster's ultimatum carefully, you'll note that the only way to definitively comply with it is to take down the craigslist sites for South Carolina in their entirety. The open architecture of craigslist, quintessential to the value it provides for users, simply does not allow for the absolute prevention of solicitation or pornography, with respect to any of its categories and functions.

The blog post does not include the court documents but says that is based on the grounds that the AG's threats "represent an unconstitutional prior restraint on free speech and are clearly barred by federal law," to wit, Section 230 of the Communications Decency Act.

McMaster responds to the lawsuit on his site as "good news. It shows that craigslist is taking the matter seriously for the first time." His response suggests he is backing off any criminal prosecution. "Unfortunately, we had to inform them of possible state criminal violations concerning their past practices to produce a serious response," he says. "We trust they will now adhere to the higher standards they have promised. This office and the law enforcement agencies of South Carolina will continue to monitor the site to make certain that our laws are respected."

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Posted by Robert J. Ambrogi on May 20, 2009

Fuente:
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Rodrigo González Fernández
Diplomado en "Responsabilidad Social Empresarial" de la ONU
Diplomado en "Gestión del Conocimiento" de la ONU

 

www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.calentamientoglobalchile.blogspot.com
www.respsoem.blogspot.com
Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

'Bloggers raise funds for Brunei Special Olympics Team'

'Bloggers raise funds for Brunei Special Olympics Team'
by Fadilah Ahmad

In providing support to the Brunei Special Olympics team, local bloggers are creating awareness on the team's forthcoming participation in the World Special Olympics in Athens in 2011. Major fundraising activities were held last May 3: a walkathon and bazaar. The intention is to help raise enough funds to sustain annual programs such as the regular training of special athletes for various sporting events. The Walkathon hopefully will also generate enough funds in preparation for the event in Athens.

[caption id="attachment_74775" align="aligncenter" width="267" caption="Photo courtesy of Hard Break kid"][/caption]

AnakBrunei wrote a heart warming post on ensuring that these special citizens are given opportunity to participate in sport activities and to compete in global events. The intention is not only to ensure participation but to be part of a global community.
People with an intellectual disability are often misunderstood or ignored, yet when they are given a fair chance they can, and do, participate as valuable members of the community. For this belief, Special Olympics Brunei Darussalam endeavors to provide sport for all people with an intellectual disability, regardless of their skill level. Through sport, Special Olympics Brunei Darussalam (SOBD) aims to give our special athletes the opportunity to get fit, develop skills, make friends and be part of a community.

Let us be together and united in supporting our nation's special athletes. Let us be together and united in helping them to be part of the community, to achieve their potentials and most importantly, to fulfill their dreams. Let us be together and united in supporting their mission:
Let me win, But if I cannot win, Let me be brave at the attempt…"



[caption id="" align="alignnone" width="276" caption="Ultimate Foodie Bloggers' Challenge"][/caption]



It was a coincidence that some bloggers got together over dinner and decided to do a charity event to raise funds for SOBD. Within a few days after discussions over emails, invitations were made to to get bloggers and non-bloggers alike for the first Ultimate Foodie Bloggers' Challenge, held on 26th April 2009.  Support was also provided by Blogging Nation. As reported in one of the local papers:
"In an interview with Senor Pablo, a representative from the organising committee, he said, "The competition is one of the meaningful ways to contribute to the society. As part of bloggers community, food is a common theme that binds people, so I thought why not organise a foodie challenge, which invites not only food bloggers but also food enthusiasts.

"The event was organised by well-known local bloggers in Brunei with support from food contributors. Bloggers and contributors had contributed 49 good recipes and the recipes will be collected and compiled into a book made available for everyone. The recipe book will be sold during the Special Olympic Brunei on May 3, and all the proceeds will go to charity. — Courtesy of Borneo Bulletin"

[caption id="" align="alignnone" width="337" caption="One of the dishes from the recipe book"][/caption]

Much work took place within a week to get the book ready for the Special Olympics Bazaar on 3rd May 2009. Efforts in producing the recipe book were made through recipe contributions from local bloggers and others, with editing,  lay-out design and cover design done by local bloggers. Since we didn't have any funds to pay for the printing cost, we managed to get a local printer to sponsor the cost of producing the book.



The bazaar was the event to start the sales of the Recipe book. For the whole day, we managed to sell 100 copies of the book. With the price of $10 per book and all 100 percent sales donated, we raised B$1,000, which was handed over to the SOBD Committee on the same day.

 


Turquoise and Roses  got a booth set up at the bazaar with special emphasis on selling the recipe book.
"We sold exactly 100 copies of the Foodie Bloggers' Recipe Book with the help of Pablo, Muaz, and our wonderful volunteers!!! Thanks boys and girls!...I am very glad that the spirit of voluntarism and activism is alive in our youth. They make volunteering seem cool! Keep it up!"
AnakBrunei reported on the bazaar, whereby a special copy of the My favourite Recipe book, signed by Her Royal Highness Princess Azemah was auctioned, to raise more funds for the SOBD.





Ranoadidas organised a first local blog auction.
"There's one limited edition "My Recipe Book" which was personally signed by Her Royal Highness 'Azemah Ni'matul Bolkiah during the Charity Bazaar and this signed recipe book will be going for auction and the starting bid will be BND50.00. Oh yeah, the special book will be framed with the picture of HRH signing the book. So that's a pretty good buy indeed. The deadline will be on Saturday midnight.

A special thanks to Her Royal Highness Princess 'Azemah Ni'matul Bolkiah for signing the Recipe Book as well as giving the consent for the Recipe Book to be auction for the Special Olympics Brunei Fundraiser campaign. A big thanks also to those involved in the making the auction possible and Mr. Reeds has kindly sponsored the frame for the limited edition book. A shout also for Pilihan FM and Kristal FM for plugging the auction.

As of now, the 500 copies of the books have been sold out with less than a week. Now that I have say is a great achievement and it's comparable to achieving a platinum status on CD sales. So what's next? Bloggers' Singles compilation album? *lol* Well, you'll never know but there are just thousand of ideas that we can come up with. All I can say is if we bloggers do something, it always start with a BANG."

The progress of the auction

$100 –> $200 –> $250 –> $300 —–> $386 —-> $400 —-> $486 —-> $500 —> $1,000 —-> $1,086 —-> $2,000 —-> $2,086 —–> $3,000 —–> $3,386 —-> $4,000 —> $4,186 —-> $5,000 —-> $5,586 as of press time (11:20pm 9th May). Bid ends at BND 5,586.00. Thank you to the two bidders who made the bid very, very interesting and your kind gestures are very much appreciated.
Emmagoodegg bought the book and in her post, listed out the recipe contributors and wrote:
"I feel most guilty at not being able to partake, but hopefully there'll be a next time. I've read that the recipe book gathered some vitriolic discussion over on RA's tagboard over some missing ingredients in some recipes, well-intentioned people simply using the book for fame and glory, the usual defeatist comments that seems all too common in our country. All I can say is My Favourite Recipes is a commendable and worthwhile effort and that at least these folks stepped up to the plate and gave their time for charity."
Brunei Lifestyle reported on the outcome of the auction bid:
"The successful bidder of the My favourite recipe limited edition signed by HRH Princess 'Azemah Ni'matul Bolkiah is Sheikh Khalid of the Arab families. Sheikh Khalid placed the highest bid of $5,586 almost 40 minutes before the stroke of midnight last Saturday night, the deadline to bid, to get a copy of the edition.

What I can say about the whole project is that the book has managed to collect $10,586 with all of its 500 copies sold in two weeks time. Thats an amazing feat. Bravo! Bravo! bravo! and take a bow Pablo! Also Rano…oh they both end with an 'o'. Whats next Senor? To Alin, the Kurapak man for designing the front cover . Thank you too to the Arab families for your kind gesture. May God repay you and family for your kindness. Amin. I myself, look forward to contribute in the near future."
The recipe book project earned $10,586. The funds collected will be passed to the Brunei Special Olympic Team. The project has a quick turn-over: from conceptualizing the project, to the production and selling of all 500 copies within a month. As part of the organising team, I feel honored to be part of this charity drive, an effort organised by local bloggers with no fund to start with. This also shows that bloggers can contribute and support local causes. I also hope that this will be a start of various initiatives organised by bloggers to support local charity and to contribute their spare time on good causes. On behalf of the event organisers, we now wish the Brunei Special Olympic Team much success in their training and participation in the 2011 World Event.

You may view the latest post at
http://globalvoicesonline.org/2009/05/16/bloggers-raise-funds-for-brunei-special-olympics-team/

Fuente:
Difundan libremente  este artículo
CONSULTEN, OPINEN , ESCRIBAN .
Saludos
Rodrigo González Fernández
Diplomado en "Responsabilidad Social Empresarial" de la ONU
Diplomado en "Gestión del Conocimiento" de la ONU

 

www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.calentamientoglobalchile.blogspot.com
www.respsoem.blogspot.com
Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile

lawyerschile: Law Firm Partner Isn't An Adequate Substitute for Defendant's First Choice of Lawyer

Law Firm Partner Isn't An Adequate Substitute for Defendant's First Choice of Lawyer

A criminal defendant can't be forced to settle for representation by his lawyer's partner when the lawyer  he hired is unavailable for trial, ruled the Maryland Court of Appeals in Miguel Gonzales v. State of Maryland.  As the Maryland Daily Record summarizes, Gonzales' attorney F. Spencer Gordon was unavailable on the day of trial, so Marshall Henslee, his partner appeared instead. Gonzales insisted that he was represented by Gordon, not Henslee, so the judge gave Gonzales the option of either going forward with Henslee or representing himself. Gonzales chose to represent himself and lost. On appeal, he argued that the judge deprived him of his Sixth Amendment right to counsel by denying him representation by his lawyer of choice. The Court of Appeals agreed, holding that:

We conclude, however, that where as here, the defendant has exercised his right to select the private counsel of his choice, the defendant may not be forced to either accept an attorney that was not retained or to proceed pro se in the event the chosen attorney does not appear on the date of the defendant's trial.

Accordingly, the court overturned the conviction.

One would think that the defendant's lawyers would be excited about the decision (though apparently they did not argue the appeal) -- but instead, Gordon's partner Henslee expressed concerns over the court's ruling. Henslee complained to the Daily Record  that the court's ruling would force his firm to "reconsider the fairly established practice of having law partners stand in for each other at trial when the primary attorney is unavailable that day." Gordon also commented, saying that the ruling will compel defense firms to make it clear to their clients that "it's the firm that represents them" and that any attorney in the practice may handle the case. What I can't understand, however, is why defense firms weren't explaining this to clients all along.

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Posted by Carolyn Elefant on May 11, 2009 at 03:13 PM | Permalink | Comments (0)

The True Toll of Unemployment

These days, losing a law firm job doesn't necessarily mean a complete loss of income with most firms offering some kind of severance -- either two to five months worth of salary, or several months of pre-termination notice. Still, financial loss isn't the only repercussion of lay-offs -- and indeed, it's perhaps the least serious. As Jane Genova writes at Law and More, "the residual negative effects" of losing a career linger permanently. Genova references a piece from New York Magazine that makes the point that " joblessness isn't just a financial problem." From the article:

Most recent studies on the subject suggest that the psychological effect of unemployment is even greater than the loss of income that accompanies it. Andrew Oswald, an economist at the University of Warwick, has collected happiness data from hundreds of thousands of people both here and in the United Kingdom, and what he's consistently seen is that people recover more quickly from becoming disabled, even widowed, than from the long-term loss of a job. "People may draw their benefits from the government," he says, "but they don't seem to psychologically acclimate." Everyone tends to have a natural hedonic set-point, a zone within which their internal mood-thermostat tends to hover, just like their weight. Sustained unemployment is one of life's few upsets that seems to permanently depress it. Even if this recession is shorter than pessimists predict, those who are laid off in this period will still pay a concrete, long-term price. "It's what economists call 'scarring,'?" explains Oswald. "If I lose my job today, the evidence is that my wages will be 10 percent lower, even a decade from now. Your bad luck follows you."

The The National Law Journal also documents the psychological toll of job loss on the legal profession including, sadly, three apparently layoff-related suicides at major firms during the past six months.  And even for those who remain employed, the recession continues to cause stress. To its credit, the ABA is acting quickly to address these issues -- it recently sponsored a CLE program entitled "What Lawyers Need to Know About Suicide During a Recession: Prevention, Identity and Law Firm Responsibility," a recording of which will be available at no cost to all lawyers at the request of The Posse List.

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Posted by Carolyn Elefant on May 11, 2009

Fuente:
Difundan libremente  este artículo
CONSULTEN, OPINEN , ESCRIBAN .
Saludos
Rodrigo González Fernández
Diplomado en "Responsabilidad Social Empresarial" de la ONU
Diplomado en "Gestión del Conocimiento" de la ONU

 

www.consultajuridica.blogspot.com
www.el-observatorio-politico.blogspot.com
www.lobbyingchile.blogspot.com
www.calentamientoglobalchile.blogspot.com
www.respsoem.blogspot.com
Oficina: Renato Sánchez 3586 of. 10
Teléfono: OF .02- 2451113 y  8854223- CEL: 76850061
e-mail: rogofe47@mi.cl
Santiago- Chile
Soliciten nuestros cursos de capacitación  y consultoría en LIDERAZGO -  GESTION DEL CONOCIMIENTO - RESPONSABILIDAD SOCIAL EMPRESARIAL – LOBBY – ENERGIAS RENOVABLES   ,  asesorías a nivel nacional e  internacional y están disponibles  para OTEC Y OTIC en Chile