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Saturday, June 06, 2009

TOM PETERS

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· Introduction to Architecture
· Architecture Leads to Improved Service ... or Not
· Exemplar from Tom: Planetree Alliance
· More Tom: The Customer Comes Second
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Tom Peters Times -- June 2009
Introduction to Architecture

Over the past months the Tom Peters Times has been illustrating the different elements of the Future Shape of the Winner model. We come now to architecture, which is the topic of this issue. Defined as the structure, orientation, and supporting systems of an organization, effective architecture enables people to connect, collaborate, share knowledge, allocate resources, and work productively. If the architecture is well-designed, it provides a framework within which the talent of the organization can execute its purpose in the most efficient way possible.

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Architecture Leads to Improved Service ... or Not
Architecture Leads to Improved Service ... or Not
I've recently had the frustrating experience of supporting my elderly aunt whilst she was being treated for "severe mobilisation problems" in a big general hospital in Southern England. She was admitted when she was no longer able to get out of bed unaided. In this case, the medical treatment and nursing care provided by the UK's National Health Service were excellent. But the continuity of service was poor, so much so that after four weeks in hospital, my aunt came frighteningly close to being discharged with a broken hip that hadn't been detected!

Connecting the different elements of patient care involved appeared to be no one person's responsibility. It seems that the only person who looks at things from the patient's point of view is the patient! (see Tom's recent U.S. healthcare-related rants) We might quickly become very critical of the people who deliver the customer service, but there is a bigger picture to consider. Institutions like the UK's Health Service are full of committed professionals who want to give their patients good service. Excellence is required, so these people must be placed in a context that sets them up for success. The organisation Architecture (structure, systems, processes) must make it easy for them to connect and collaborate with others in the customer value chain. The Performance dynamics (goals, rewards, incentives) must be balanced carefully to generate the desired behaviours and avoid unintended side effects.

Organising service delivery along value streams is conventional business wisdom these days, with companies like Amazon delivering seamless, personalised service at very competitive costs. But it is one thing to set a company up from scratch to deliver such excellent service, and entirely another for mature organisations with ingrained attitudes and practices to do the same. Like many complex organisations with a wide array of professional specialities, the Health Service's Architecture organises people into functions and silos. Each function has its own targets and measures performance individually. The sense of being part of a customer service value chain seems to be low in management's priorities. Some individuals take that responsibility very seriously and work heroically to deliver service to the patient, but others seem to distance themselves from problems that are out of their immediate control.

Setting departmental performance targets improves some aspects of the service to patients. However, the unintended consequence of over-focusing on these targets within a functionally based structure is to distract people away from the primary purpose of the whole organisation and patient (customer) care. Then situations such as my aunt's arise!

What can leaders do if they are concerned their business architecture may be disrupting their customer service? First and foremost, it is vital to step back and take a holistic view of how service delivery fits with the organisation's other priorities, as people perceive them. The Architecture and Performance elements are incredibly powerful determinants of organisation culture, and often set up behaviour patterns, helpful or otherwise, which are incredibly hard to shift. Just listen to the squeals of opposition we're hearing now from banking circles at the very notion that their bonus culture has to change!

Here are some suggestions for taking on these two powerful elements in your team:

• Read Tom's XF50/Cross Functional 50 List for things you can do to counter the disruptive influence of a silo structure and mentality.

• Collect and share feedback about customer experiences AND employee feedback about their experiences working for your business.

• Show that this feedback is important to you and to your business.

• Set up your own informal "customer experience group" to build relationships up and down your supply chain.

For those who'd like to be more scientific about finding out where the most promising targets for improvement lie, take a look at TPC's Excellence Audit and Future Shape of the Winner model. By involving key players on your team, you can discover their ambitions and frustrations, and prioritize improvement activities that will engage their full-hearted contribution. See also our new Distance Learning package for those who want to incorporate FSW thinking into their own business or practice.

Madeleine McGrath
Managing Partner, UK
Consultant, Facilitator

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Exemplar from Tom: Planetree Alliance

For a real-life example of a patient-centric healthcare vision, take a look at Tom's PowerPoint that showcases the Planetree Alliance. In one of the opening slides he describes the practice: "In the midst of ceaseless gnashing of teeth over 'healthcare issues,' the patient and frontline staff often get lost in the shuffle. Enter Planetree. While oceanic systemic solutions remain out of reach, Planetree provides a remarkable demonstration of what healthcare--with the patient at the center--can be all about."

The subject of patient care stirred up quite a debate recently on tompeters.com, with Tom's Ways to Succeed #162, titled "Process > Outcome. Happy Staff, Happy Customers. Kindness Is Free! (Kindness SAVES $$$$.)" In this post, Tom reiterates the Planetree difference of understanding how patients feel about receiving healthcare. He concludes that
(1) Process "beats" outcome in evaluating an "experience"--even one as apparently "outcome sensitive" as a hospital stay ...
(2) Happy staff, happy customers. Want to "put the customer first"? Put the staff "more first"!
(3) Quality is free--and then some.

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More Tom: The Customer Comes Second

For Tom Peters to state that the customer comes second seems like a contradiction, but see #2 above, where he claims that to put the customer first you must put the staff "more first." He introduced this notion with a PowerPoint presentation, The Customer Comes Second, and expounded on it with a blog post he called "Sorting Out Causes and Effects." Again, the heart of the matter is that "to put the marketplace customer first, I must put the person serving the customer 'more first.'" We think it warrants some repetition.

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(C) 2009 tompeters!company


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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

Wednesday, June 03, 2009

Government Motors will still lobby government

Government Motors will still lobby government

By: Timothy P. Carney
Examiner Columnist
06/02/09 8:14 PM EDT

The General Motors headquarters is seen with the moon in the background in Detroit, Sunday, May 31, 2009. (AP Photo/Carlos Osorio)

UPDATE: Wednesday morning, 14 hours after this piece was posted online, a General Motors spokesman informed the Examiner that GM was canceling all of its contracts with outside lobbying firms. The company will maintain its in-house lobbying shop however. I will add further updates here throughout the day.

General Motors will continue its multimillion-dollar lobbying operation in Washington, even after the federal government takes ownership of it. The automaker may even maintain its high-dollar lobbying contracts with some of the wealthiest and most influential K Street firms.

"We believe we have an obligation to remain engaged at the federal and state levels," General Motors stated in an e-mail after President Barack Obama announced his plan for the federal takeover of the carmaker, "and to have our voice heard in the policymaking process."

As a result, some of the jobs that the White House will save with this unprecedented nationalization could be on K Street in downtown D.C., rather than in Detroit.

GM spent $13.1 million on lobbying in 2008. In the first quarter of this year, while surviving on federal bailout money, the company's lobbying tab was $2.8 million.

Washington's most powerful lobbying firms are among the 14 firms the company employed as of the last filings. None of the firms would comment on whether it would continue to work for GM. An assistant to leading Republican strategist and lobbyist Charlie Black of BKSH & Associates said "Charlie doesn't know" what effect  GM's bankruptcy will have on the firm's contract with the automaker.

Assuming GM continues its current lobbying effort, many of K Street's most storied lobbyists, such as Black, would in effect be working for taxpayer money. One such government contractor would be Stuart Eizenstat at the top-tier firm Covington & Burling, who served in the administrations and on the campaigns of every Democratic president from Lyndon B. Johnson to Bill Clinton. GM hired him and his firm 10 days after Obama's election.

Ken Duberstein, Ronald Reagan's former White House chief of staff, is also on GM retainer, as is former Sen. Don Nickles, R-Okla., who served as the majority whip in the upper chamber.

In addition to hiring these outside firms, General Motors operates its own in-house lobbying shop in a pricey office at 101 Constitution Ave. NW, across the street from the Capitol grounds. Under Obama's plan, taxpayers would in effect cover 60.8 percent of the cost of this operation. The lobbying office referred inquiries to GM's press office, which replied with two e-mails.
One e-mail outlined its "obligation to remain engaged" and to participate in the policymaking process, citing health care, cap-and-trade, and foreign trade.

When asked specifically whether GM would continue to retain outside lobbyists, a GM spokesman wrote back, "As with all aspects of our business, GM sometimes will use consultants with strong expertise on certain issues. The list of these consultants is public. The use of these consultants is constantly under review."

By press time, the White House did not respond to two phone messages and an e-mail inquiring whether the president intended to restrict GM lobbying or spending on lobbying while the government owned the company.
The awkwardness of GM, in effect, lobbying its owner, is one of the many conundrums created by the business-government partnerships initiated by President George W. Bush last fall.

If Obama were to place lobbying restrictions on GM — limiting GM employees' and consultants' contacts with government officials — that would amount to restricting communication between the company's management and its shareholders. A related question: Will all discussions between administration officials and GM management continue to count as "lobbying contacts" covered under federal law? Elliot Berke, a government ethics lawyer in Washington, told me, "Nobody really knows what any of this means."

Insurance giant AIG suspended its entire lobbying practice once the government bought a majority stake in it, terminating all contracts by Oct. 1.

In the first three months of this year, GM lobbied on issues including its own bailout, the stimulus, climate change, transportation funding, air bag laws, fuel-efficiency requirements, prescription drugs, health care reform, cellulosic ethanol, hydrogen-powered cars, fuel cells and Mexican trucks, among others.

GM is a member of the U.S. Climate Action Partnership, a coalition that lobbies Washington for cap-and-trade restrictions on greenhouse gas emissions, as is Chrysler, a USCAP spokesman confirmed Tuesday afternoon. AIG, on the other hand, withdrew from the coalition upon its bailout.

Trying to be a business and a de facto government agency simultaneously won't be easy, and the problem of lobbying shows why.



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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

Tuesday, June 02, 2009

Back Door to the Top

TOP STORIES

Back Door to the Top

Big law firms in big cities usually grab all the attention for their women lawyer initiatives. But beyond the all-women retreats and the glossy brochures, big firms generally aren't doing so well in promoting women to partner. Surprisingly, medium-size firms, including the Second Hundred's Ice Miller, have done a better job.

The Am Law 200 2009

The complete package.


Fuente:http://www.law.com/jsp/tal/index.jsp
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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

The Long View Versus the Short View

The Long View Versus the Short View
08:04 PM Monday June 01, 2009

By Vineet Nayar

It has been in the air for some time now, this all talk around the fast food generation — or the Facebook Generation as Gary Hamel prefers to term the Generation Y — and its so-called incessant need to live in the moment.

The importance of savouring the moment is not new to us. It has been taught to us for ages in scriptures, fables, poems...and new-age self help books. And yet, this speed-addicted "now" generation has glimpsed what corporate leaders around the world seem to be missing in the fog of this downturn.

Despite all the uncertainty surrounding layoffs and pay cuts, a large majority of young people interviewed in a recent KPMG survey rated training and development higher and more important than job security or salary. They also made it clear that the attitudes of the young had changed, with 83 per cent of students admitting they were planning more carefully in view of the recession. Nearly 72 percent were widening their sector choices to keep their options open.

While students are going steady and thinking long-term, despite the pressure to grab the first available job, corporate leaders seem to be doing the reverse. Yet the current business paradigm is crying for a long-term view, calling for building a sustainable economic environment. To do so, companies must reinvent their business models, revisit their market strategies and most importantly reignite their employee policies. We must respond — but not react — to the recession and its challenges.

Developing products to meet the challenges of tomorrow will be one essential step. In 2005, we had very few believers in the potential of integrated services by outsourcing. We decided to chase it as part of our blue ocean strategy and announced big deals. The rest of the market followed soon after.

I firmly believe that when the current slowdown ends and growth returns, it is unlikely to come back in the same shape and size. And so instead of building on services that have reached their threshold, it is time to find the next big idea. Our five-year investment in utility computing is taking shape and was recently recognised by Gartner. You, too, should be staying ahead of the race and investing in ideas for tomorrow.

Developing the market is the next level. Our decision to form a merger with Axon in these "uncertain" times was questioned by many. But acquisitions are not decisions dictated by the needs of the moment. They are about assuming responsibility for bigger things — like the long-term direction of the company.

These are also times for corporate leaders to invest in their most important asset — their people. The current downturn has meant a worldwide hiring freeze. I believe there is a lot to learn here from automobile companies and their ways of reducing inventory cost and waste. Instead of bulk hiring, companies will now need to bring in a "just in time" hiring system that would remove the inventory cost but provide the flexibility of picking up good talent any time from the market — and bring the focus to training and development. This will further ensure that companies don't have to lay off employees, but simply teach them a different skill set as needed. The only way companies will beat the recession is by empowering their employees to be prepared for the future and by ensuring they act as agents of change, rather than its victims.

Yes, the paradigm has shifted. But when has it ever remained the same? Bad times can be good. And it is time we responded to the opportunity this recession presents rather than simply reacting to it.


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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

Monday, June 01, 2009

TYHE NATIONAL LAW JOURNAL

Supreme Court to hear 'business methods' case

The U.S. Supreme Court on Monday set the stage for a landmark decision on the patentability of 21st century creations from software to biotech — an issue on which Supreme Court nominee Sonia Sotomayor could make a significant difference if confirmed. Justices agreed to review the case Bilski v. Doll, a challenge to a ruling last fall by the U.S. Court of Appeals for the Federal Circuit that narrowed the patentability of so-called "business methods," shorthand for a broad range of processes not tied to manufacturing.

Appeals Court Weighs Patent Dispute in Export Case

The U.S. Court of Appeals for the Federal Circuit met en banc Friday afternoon to examine a hot button issue in the intellectual property world: whether patents on processes are protected by a law that says a company can be held liable for infringement for exporting the components of an invention patented in the United States to be manufactured abroad.

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Press and Guantanamo Lawyers Score Victory Over Documents

A coalition of news organizations and Guantanamo lawyers won a round in federal court this morning, when a judge rejected the government's request to seal hundreds of unclassified documents.

Sotomayor's Law Clerks Sing Her Praises

On Monday the White House released a joint letter signed by 45 Sotomayor clerks and sent to leaders and members of the Senate Judiciary Committee.

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White House Expands Stimulus Lobbying Rules

Late Friday, White House ethics counsel Norman Eisen posted an update on the White House blog, expanding the administration's restrictions on lobbying for stimulus money beyond federally registered lobbyists to all persons pushing for funding.

 

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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

Abortion Doctor Is Shot to Death in Kansas Church

Abortion Doctor Is Shot to Death in Kansas Church
Published: May 31, 2009

WICHITA, Kan. — George Tiller, one of only a few doctors in the nation who performed abortions late in pregnancy, was shot to death here Sunday in the foyer of his longtime church as he handed out the church bulletin.

Skip to next paragraph
Mike Hutmacher/The Wichita Eagle, via Associated Press

Dr. George Tiller, one of the nation's few late-term-abortion providers, was killed Sunday in church.

Steve Hebert/Atlas Press, for The New York Times

Terrie Lewis, left, Sarah Lewis and Jaxon Lewis, 10 months, left flowers at the gate of George Tiller's abortion clinic on Sunday afternoon.

The authorities said they took a man into custody later in the day after pulling him over about 170 miles away on Interstate 35 near Kansas City. They said they expected to charge him with murder on Monday.

The Wichita police said there were several witnesses to the killing, but law enforcement officials would not say what had been said, if anything, inside the foyer. Officials offered little insight into the motive, saying that they believed it was "the act of an isolated individual" but that they were also looking into "his history, his family, his associates."

A provider of abortions for more than three decades, Dr. Tiller, 67, had become a focal point for those around the country who opposed it. In addition to protests outside his clinic, his house and his church, Dr. Tiller had once seen his clinic bombed; in 1993, an abortion opponent shot him in both arms. He was also the defendant in a series of legal challenges intended to shut down his operations, including two grand juries that were convened after citizen-led petition drives.

On Sunday morning, moments after services had begun at Reformation Lutheran Church, Dr. Tiller, who was acting as an usher, was shot once with a handgun, the authorities said. The gunman pointed the weapon at two people who tried to stop him, the police said, then drove off in a powder-blue Taurus. Dr. Tiller's wife, Jeanne, a member of the church choir, was inside the sanctuary at the time of the shooting.

The police in Wichita described the man who was detained as a 51-year-old from Merriam, a Kansas City suburb, but declined to give his name until he was charged. The Associated Press reported that a sheriff's official from Johnson County, Kan., where the man was taken into custody, identified him as Scott Roeder.

The killing of Dr. Tiller is likely to return the issue of abortion to center stage in the nation's political debate. Until recently, President Obama, who supports abortion rights, had largely sought to avoid the debate. Last month, he confronted the issue in a commencement speech at the University of Notre Dame, an appearance that drew protests because of his views. During the speech, he appealed to each side to respect one another's basic decency and to work together to reduce the number of unwanted pregnancies.

Mr. Obama issued a statement after Dr. Tiller's killing, saying, "However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence."

Advocates of abortion rights denounced the killing, saying it would send a renewed, frightening signal to others who provide abortions or work in clinics and to women who may consider abortions. Some described Dr. Tiller as one of about only three doctors in the country who had, under certain circumstances, provided abortions to women in their third trimester of pregnancy, and said his death would mean that women, particularly in the central United States, would have few if any options in such cases.

"This is a tremendous loss on so many levels," said Peter B. Brownlie, president of Planned Parenthood of Kansas and Mid-Missouri, who had known Dr. Tiller for years.

Opponents of abortion, including those here who have been most vociferous in their protests of Dr. Tiller and his work, also expressed outrage at the shooting and said they feared that their groups might be wrongly judged by the act.

Troy Newman, the president of Operation Rescue, an anti-abortion group based in Wichita, said he had always sought out "nonviolent" measures to challenge Dr. Tiller, including efforts in recent years to have him prosecuted for crimes or investigated by state health authorities.

"Operation Rescue has worked tirelessly on peaceful, nonviolent measures to bring him to justice through the legal system, the legislative system," Mr. Newman said, adding, "We are pro-life, and this act was antithetical to what we believe."

By late Sunday, Mr. Newman said, some were already suggesting that there were links between the suspect and Operation Rescue. Someone named Scott Roeder had made posts to the group's blog in the past, Mr. Newman said, but "he is not a friend, not a contributor, not a volunteer."

Dr. Tiller's death is the first such killing of an abortion provider in this country since 1998, when Dr. Barnett Slepian was shot by a sniper in his home in the Buffalo area. Dr. Tiller was the fourth doctor in the United States who performed abortions to be killed in such circumstances since 1993, statistics from abortion rights' groups show.

Although most of the deadly violence occurred in the 1990s, advocates said, abortion clinics and doctors have continued to be the targets of intense, sometimes threatening protests. Some said they feared that Dr. Tiller's death might signal a return to the earlier level of violence. At some clinics on Sunday, administrators were reviewing their security precautions.

Joe Stumpe reported from Wichita, Kan., and Monica Davey from Chic


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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

Friday, May 29, 2009

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/


Fuente:
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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

Thursday, May 28, 2009

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


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: 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.

Sphere: Related Content

Posted by Robert J. Ambrogi on May 28, 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