LAWYERSCHILE EL MUNDO INTERNACIONAL DEL ABOGADO

Rodrigo González Fernández y un grupo de egresados de la Facultad de Derecho de la Universidad la Republica en Chile ha decidido poner al alcance de todo el mundo de la profesion legal importantes materias en Ingles para ir practicando el trabajo en materia de Tratados internacionales y que nuestra profesión estará en primera linea. Invitamos a todos a opinar, debatir, participar activamente.Es el primer blog legal en inglés de latinoamerica.

Saturday, March 28, 2009

CRISIS: PAISES Deben estar preparados

PAISES Deben estar preparados

París, Francia. Los Gobiernos tienen que estar preparados para hacer más si es necesario en 2010 para reactivar la economía mediante un relanzamiento presupuestario, estimó ayer el francés Dominique Strauss-Khan, director general del Fondo Monetario Internacional.

Además, indicó que el Banco Central Europeo podría lanzarse en operaciones de financiación directa de la economía como lo hicieron en los últimos meses la Reserva Federal estadounidense y el Banco de Inglaterra.

"El riesgo de no hacer nada es mayor que el riesgo de actuar", dijo Strauss cuando falta poco más de una semana para la cumbre del G20 en Londres, que reunirá a los Jefes de Estado y de Gobierno de las potencias industrializadas.

CONSULTEN, OPINEN , ESCRIBAN LIBREMENTE
Saludos
Rodrigo González Fernández
Diplomado en RSE de la ONU
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Thursday, March 26, 2009

'Mexico: Unsolved Feminicide Along the Border'

'Mexico: Unsolved Feminicide Along the Border'

by Eduardo Avila

Violence along the United States - Mexico border has reached staggering levels. The killings in border cities like Ciudad Juárez has already totaled 400 in the first two months of 2009. It is not only those involved in the drug trade that fall victims to the kidnappings and murders, young women have become unfortunate causalities in this crisis.

According to Amnesty International, more than 370 women have been murdered in the cities of Juárez and Chihuahua "without the authorities taking proper measures to investigate and address the problem." This crisis, often called feminicide, has been a cause for organizations and blogs to take to the internet to help raise awareness to the plight of the victims and their families. Organizations are calling for justice and greater action by local and national authorities. Nuestras Hijas de Regreso a Casa [es] (May Our Daughters Return Home) is an organization based in Ciudad Juárez co-founded by the mother and the teacher of Lilia Alejandra Garcia Andrade, who was abducted and was founded dead in 2001. The organization writes on its blog about the context in which many families live [es]:

En Ciudad Juárez desaparecen mujeres y no se vuelve a saber más de ellas, a menos que sus raptores decidan hacer aparecer sus cuerpos sin vida y con evidencias claras de haber sido brutalmente torturadas y asesinadas, violadas de manera tumultuaria y arrancadas partes de su cuerpo o quemadas. Es un dolor terrible para esta sociedad. ¿No hay nada que mueva a quienes pueden hacer algo al respecto?

La desesperación y miedo de las familias de vivir en tal inseguridad al ver a las hijas salir del hogar sin saber si van a regresar, no son motivo que afecte la voluntad de nadie de poner un freno a estos hechos.

A la fecha estos crímenes están impunes, y a las mujeres desaparecidas nadie las busca... y los asesinatos y desapariciones continúan sin que a la fecha haya responsable alguno.

In Ciudad Juárez women disappear and are not seen or heard from again, unless their captors decide to make their lifeless bodies reappear and with clear signs that they were brutally tortured and murdered, gang raped or with their bodies dismembered or burned. It is a terrible pain for this society. Isn't there something that can push those who are able to do something?

The desperation and fear of the families who live in such insecurity when they see their daughters leave the house without knowing if they will return are not reasons to affect anyone's will to put an end to these incidents.

To date, these crimes have gone unpunished, and no one is looking for the disappeared women...and the murders and kidnappings continue without anyone being held responsible.

The organization has received threats [es] for their work to put an end to the killings, according to the blog Contra el Feminicidio en México [es] (Against Feminicide in Mexico).

Mexican-American filmmaker and videoblogger at Chicana Feliz, Zumla Aguiar took a special interest in this story and worked closely with the organization to produce the documentary "Juárez Mothers Fight Feminicide" which is licensed under a Creative Commons license. The film's description says:

The video does not try to pound you over the head with more information. It basically looks at the opinions of the mothers in regards to what was the final story with each case. Interviewed are mothers from all social strata but this film points out that the pain is equal and all valid emotions. The fact that the "women are poor" is pointed out by Marisela Ortiz from Nuestras Hijas de Regreso a Casa as a reason why nobody does anything about these murders.

Another organization Red Solidaria Década Contra la Impunidad [es] (Decade Solidarity Network Against Impunity) uses its blog to share news about its activities fighting against impunity for human rights abuses including the murders of young women in Ciudad Juárez, Chihuahua and other parts of Mexico.

The international organization Witness has used citizen media to raise awareness and collect signatures for a petition to presented to Mexican President Felipe Calderón. In 2003, in conjunction with the Mexican Commission for the Defense and Promotion of Human Rights [es] (CMDPDH), they produced a short film called Dual Injustice. The story centers on the disappearance of Neyra Cervantes in Chihuahua, who disappeared in May 2003 and her cousin, David Meza, who who was tortured until he confessed to her murder.

Even though Cervantes' remains were recovered and Meza was released after being wrongfully imprisoned, those responsible for her death have gone unpunished. Witness is continuing its campaign through a petition drive, which will be presented to President Calderón by Witness founder Peter Gabriel, other well-known Mexican celebrities and the mother of Neyra Cervantes. Some Mexican bloggers are also writing about the presentation of the petition, such as the blog Resiste Chihuahua [es]

As the situation along the border towns remains dire and many crimes unresolved, the women from the organization May Our Daughters Return Home write about their struggles, but also about their hope [es]:

Las familias que participamos en este movimiento hemos convertido en fuerza nuestro dolor. Después de enfrentarnos, además del brutal asesinato de nuestras hijas, a la ineptitud, intransigencia, encubrimiento, corrupción, a la más indiferente actitud de funcionarios y autoridades.

Nos resulta complicado expresar con palabras el dolor desgarrador de saber asesinadas en tales circunstancias a nuestras jóvenes hijas, en un inmenso sufrimiento que no se extingue, y no podemos evitar las lágrimas cada vez que pensamos en ellas o miramos sus objetos personales y sus fotos. Nos angustia y crece nuestro suplicio al imaginar cómo pudieron ser los últimos momentos de nuestras hijas asesinadas a base de torturas y vivimos sin vivir...

Mantenemos la esperanza de que algún día la justicia para la desaparición y muerte prematura de nuestras hijas sea posible, ya que sería la única forma de recuperar nuestra propia vida. Solidaridad para quienes, sin ser nuestras compañeras, comparten ahora mismo la pena de haberles arrancado un pedazo de su vida.

The families that participate in this movement have turned our pain into our strength. After confronting, in addition to the brutal murder of our daughters, the incompetence, stubbornness, cover-up, corruption, and the indifferent attitude from the authorities.

It is difficult to express our heartbreaking pain into words, knowing that our daughters were murdered under those circumstances, it is an immense suffering that does not end, and we cannot stop the tears each time we think of them or see their personal things and their photos. Our anguish and torment grows when we imagine how our murdered daughters' last moments must have been with the torture and we live without living...

We maintain our hope that some day justice will be served for the disappearance and the premature death of our daughters, as that would be the only way to recuperate our own lives. There is solidarity for those, even those aren't our companions, who share their own sorrow of losing a part of their own lives.

You may view the latest post at
http://globalvoicesonline.org/2009/03/26/mexico-unsolved-feminicide-along-the-border

Monday, March 23, 2009

'Women changing the face of Egypt'

'Women changing the face of Egypt'
by Marwa Rakha

Young middle and upper class Egyptian women resort to the internet to fight their battles against taboos. The BBC interviewed some of them and Mohamed Hamdy of Bloggers Times comments on the article.

Quoting Reem Abdel Hamid of Al Youm 7 Newspaper, Hamdy wrote:

وتروى النساء تجاربهن الشخصية مستغلات السرية التى يتيحها الإنترنت. كما تتبادل النساء الآراء السياسية والثقافية ويتحدثن عن الإحباطات اليومية اللاتى يتعرضن لها.
Taking advantage of the anonymity of the internet, women share their personal experiences. They also exchange political and cultural views, and discuss their daily frustrations.

The BBC cited Dalia Ziada's call upon the Saudi Arabian government to stop their discrimination against women. Hamdy notes:

وتقول إن المدونة داليا زيادة على سبيل المثال دعت السعودية إلى إنهاء ما تصفه بالتمييز ضد المرأة فى حملة تزامن توقيتها مع ذكرى المولد النبوى. وتقول داليا: "لم يُسمح لى بأداء العمرة، لماذا؟ لأن سيدة شابة تحت سن الـ45. والحل الوحيد بالنسبة لى هو الذهاب مع محرم لأن أمى لا تكفى". وتضيف: "هل تعرفون محرما لى، فوالدى متوف وشقيقاى غير مهتمين بالأمر ولا أستطيع تحمل نفقاتهما، وليس لدى زوج وبالطبع ليس لدى ابن".
The article says, for instance, that blogger Daila Ziada has called upon Saudi Arabia o stop what she describes as discrimination against women. Her campaign coincided with the Prophet's Birthday. Daila says:
"I am not allowed to do "O'mra!" [a lesser pilgrimage to Mecca] Why? Because I am a young woman under the age of 45! The only solution for me to get to my beloved Prophet's land is to be accompanied by a male chaperon. My mother is not enough!! Do you know what a male chaperon is? A first-degree male relative: father, brother, husband, or son! I am in a big trouble, then. My father is dead, my two brothers are not interested and I cannot afford paying for their tickets, I do not have a husband and of course I do not have a son!! What can I do, now?!"

Hamdy notes how another blogger spoke about the Arab obsession with virginity. He explains:

وتحدثت مدونة أخرى لم تذكر اسمها عن ماضيها وتعاطيها المخدرات، وانتقدت استمرار ما وصفته بهوس المجتمع العربى بعذرية الإناث. ومن ثم، تشير هيئة الإذاعة البريطانية إلى أن الموضوعات التى تعد من المحرمات فى الشارع المصرى يمكن مناقشتها على الساحة الإلكترونية مثل موضوع التحرش الجنسى.
A blogger who preferred to stay anonymous spoke of her past and of her drug addiction. On her blog, she continuously criticized the Arab obsession with a woman's virginity. The BBC also pointed out how taboos like sexual harassment are topics of discussion on the electronic arena as opposed to real life.

Girls and only Girls - the first online radio dedicated to girls only - was another initiative that Hamdy reports about:

وأسست هذه المحطة أمانى تونسى(25 عاماً) وهى إحدى الفتيات المصريات التى أصابها الإحباط بسبب الطريقة التى تعامل بها النساء فى مصر. تقول: " نحن تقريبا لسنا أحياء فى ظل الاحتمالات الدائمة لتعرضنا للتحرش الجنسى"، وتتساءل عن أى حياة هذه. ومن البرامج التى تقدمها "بنات وبس" برنامج " مش كل الطير" الذى يحمل رسالة مؤداها "ليست كل البنات حمقاوات". ويتحدث البرنامج عن الخدع التى يستخدمها الرجال للإيقاع بالفتيات.
Amany El Tunsi (25) is the founder of this online radio station as a venting channel for women who are constantly frustrated with their lives in Egypt. Wondering about the quality of life, she says: "We are almost denied the right to live with the constant threat of being harassed." "Not All Birds" is an interesting show that literally means that not all women are foolish. The purpose of this show is to uncover the games men play to trick women into falling for them.

You may view the latest post at
http://globalvoicesonline.org/2009/03/23/women-changing-the-face-of-egypt/

Friday, March 13, 2009

'China is Unhappy'

'China is Unhappy'
by Oi wan Lam

One of the author of 1996 bestseller China Can Say No（中國可以說不）Song Qiang, has recent published a new book, China is Unhappy, with other writers. The first book appeared after the bombing of China consulate general in Yogoslavia by the NATO that enraged Chinese people and led to a series of nationalist protests against western countries. This time, the book is published on the 60th anniversary of the founding of People Republic of China.

The writer team is composed of famous media person, cultural worker and scholar:

Song Qiang（宋強）, one of the author of "China Can Say No", has the experience of journalist, editor and T.V script writer.
Song Xiao Jun（宋小軍） is a commentator in CCTV and Phenix T.V., a well-known nationalist leader with military training.
Wang Xiaodong （王小東）was sent to Japan for studying Business Management after he decided to stop his study Mathematics in Beijing University. He is famous for his criticism on "reversed racism" (逆向種族主義）, meaning the self-criticism of Chinese towards their own behavior.
Huang Jisu （黃紀蘇）is a sociologist and editor of the Chinese version of Journal of International Social Science.
Liu Yang （劉仰）is an experience media worker in issues related with culture, history and economy.

The book is divided into three sections: "Why is China unhappy?" "China's advocacy" and "Let go the tiny Buddha and draw the grant plan" (tiny Buddha means kindness in heart). Douban has a summary of its content:

『中国因何不高兴』
　　▲ 拉萨"3•14"事件背后鬼影憧憧，西方世界对中国的战略围堵越来越具体化和明目张胆。
　　▲ 三鹿奶粉事件对国民心理的"精神撕裂"，使一个大国理应秉持的多项核心价值受到威胁甚至动摇。
　　▲ 萨科齐之类对中国的屡屡侵犯，是卑鄙下流的机会主义作祟。
　　▲ 一些"知识精英"或所谓"优秀的中国人"正在戕害我们国家的精神品质。
　　………

Why China is unhappy?
- There are ghosts behind the Lhasa 3.14 incident, the strategic encirclement of Western World towards China has become more concrete and obvious.
- Sanlu milk power incident has result in a "psychological tear" among Chinese people. It threaten a strong nation's core values.
- People like Nicolas Sarkozy have been offensive to China out of nasty opportunism.
- The so-called "knowledge elites" or "excellent Chinese people" are harmful to our national spirit.

　　『中国需要厘清的若干个"为什么"』
　　▲ 为什么中国人"现在挺爽"是巨大假象，西方阵营的"拖垮"战略乃中华弥久大患？
　　▲ 为什么同西方"有条件决裂"是必须筹划的未来选项之一？
　　▲ 为什么瓦解国族认同的"第五纵队"情怀与"汉奸兴趣"会如此猖獗？
　　▲ 为什么新儒家的"感化论""拯救世界说"是白日梦呓？
　　▲ 为什么行"失败主义"之实的"王小波神话"是当代最丑陋的文化蛊惑？
　　………

China has to clarify a number of "Why"
- Why the "feeling great" among Chinese people are just fake phenomena. And Western strategy in dragging us down has been a hidden illness to China.
- Why we should consider it an option for China to break up with the West under a certain conditions.
- Why the culture of "the fifth column" (meaning subversive group that supports the enemy" and "traitor" has become so rampant.
- Why the "reform theory" and "world salvation theory" of neo-confucianism has become day dream talk.
- Why "Wang Xiao bo's myth", which embraces "defeatism", is the most ugly culture lie.

　　『中国应持何种新主张』
　　▲ 中国应该成为抱负远大的英雄国家。
　　▲ 持剑经商，崛起大国的制胜之道。
　　▲ 解放军要跟着中国核心利益走。
　　▲ 不能听"金融战士"忽悠，产业升级才是国之根本。
　　▲ 认清西方"轮盘赌"式的外交玄机，把中法关系实质性降低。
　　▲ 应勇于在国际社会上除暴安良，在强国道路上扫清颓风。
　　▲ 在当代社会的各个层面，都需要"去文艺腔"。不惟此，我们就无法准确指称政治及经济现实，无法实现大目标。　　

What should China advocate?
- China should become a country with heroic mission.
- Hold our sword to protect our business, this is a way to build a strong nation.
- The National Liberation Army should follow China's core value.
- We should not listen to the sweet talk of "finance warriors", industrial upgrade is the fundamentals
- Get to know the "Russian Roulette" nature of western diplomatic strategy, lower the concrete diplomatic relation with France.
- China should be brave in protecting international security and clear our path towards a strong country.
- Avoid high-art's culture for affecting our social life or else we cannot actualized our political and economic goals.

In Douban (a liberal onlne platform), most popular opinions give harsh comments to the book:

abing said :

这本书内容其实很简单，继续当年《中国能够说不》蛊惑人心的老手法，重复堆砌当今社会的一些问题，顺带骂骂南方周末、钱种书、王小波，告诉我们大家：中国咱现在还不错，别妄自菲薄，不要老是纠缠国内的问题，西方是纸老虎。下面呢？下面没有了。
　　李敖有次骂国民党是"意淫大陆，手淫台湾"，这个光辉传统大陆接过去后，就变成了"意淫世界，手淫中国"，可怜见被操来操去的却还是那帮中国人。

The content of this book is very simple. It follows the old demagogic discourse of China can say No, reconfigures a number of contemporary social problems, and finds some entrance points in attacking Southern Weekend, Jian Zhong Shu, Wang Xiao Bo. It tells us, China is good enough, don't be self-critical, don't be caught in internal problem, the West is just a paper tiger. What else? There is nothing else.

Li Ao once said KMT is "sexually fantasizing Mainland while masturbating Taiwan". Now such glorious tradition has passed on to Mainland and transformed into "sexually fantasizing the world while masturbating China".

Representatives are crazy said:

嚓，就没见过这么贵的擦屁股纸

1.页数太少，售价太高。单张价格堪称厕纸王。可是使用起来不尽人意：
2.纸张较硬，擦屁股之前要揉很久。而且不知道为什么出于什么样的原因，在厕纸上有印刷的字迹，还掉颜色。
3.纸张太脆，不吸水，容易漏。
4.字迹想表述的主要是飘飘欲仙的意淫的内容，容易让拉屎的人勃起，触碰到马桶内壁，不卫生。
5.厕纸的外包装过于奢华，浪费资源，不利于保护环境。
6.无良商人靠骗人的厕纸捞黑心钱
7.并未包装成卷状，和我家的厕纸盒不匹配。
8.中国人不高兴

Shit, I have never seen such an expensive toilet paper

1. The number of pages are too few and the price is too high, it is in fact highest among all toilet paper, but the result is not so satisfactory:
2. The papers is too hard, and it takes too long to rub the ass. Furthermore, the color comes out...
3. The papers fails to absorb water and leaks.
4. The words are sexual fantasy that causes erection when one shits. It is not hygienic for the penis to touch the toilet bowl.
5. The wrapping of the toilet papers is too luxurious and not environmental friendly.
6. Businessmen without conscience cheating people's money with this worthless toilet papers.
7. It is not in roll form, not matching my toilet papers box.
8. Chinese people are unhappy about it.

However, some bloggers praise the book. Bian-zhou Yi-ye, also from Douban agreed with the book's argument on "reverse racisim and said:

中国面临的问题并不是最大的难题，最大的难题是我们还有不少精英在不断消解我们这个民族原有的高贵精神。一个在文化上心理上是跪着的民族，身体再强大，也不可能充当世界领导者的角色。所以我想，《中国不高兴》一书，非常及时地清算了这些菲薄我们民族的思想，这是一件善莫大焉的事情。

The greatest problem that China face is that many elites are eroding the noble spirit of our nation. A national with a bowing cultural psychology cannot be strong and cannot be the leader of the world. China is unhappy comes in a right moment for cleaning up the self-critical attitude towards our nationality. This is a very important project.

Chiao Sa said:

而《中国不高兴》让我彻彻底底的失眠了。究其竟是从"匹夫"们的字里行间蹦出的火星和闪耀的光亮刺痛了我的眼睛，刺痛了我原本以为早已麻木的神经，似乎又让我顿生出了一丝久违的"位卑未敢忘忧国"的纯然质情。

China is unhappy made me suffered from insomnia. Words from "ordinary man" generate sparkles and stimulate my eyes and my nerves. It also generates a long missing sentiment of "low as my status is, not dare to forget worrying about my suffering country".

You may view the latest post at
http://globalvoicesonline.org/2009/03/13/china-is-unhappy/

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Fiji Times Editor's vehicle vandalised

Fiji Times Editor's vehicle vandalised
10/03/2009

The editor of Fiji's major newspaper and his family were rudely awaken early this morning after a group of men entered their compound and smashed the windows of his company vehicle.

Fiji Times editor Netani Rika also confirmed to Fijilive that he had lodged a report at the Central Police Station in Suva at around 11am today.

He said the incident occurred around 2.15am while they were asleep.

He said he learnt from the neighbours that about three men were involved in the incident.

Police spokesman Atunaisa Sokomuri also confirmed that a report had been lodged.

He said police would not rule out foul play at this stage as investigations continued.

But Rika said he had his own suspicions.

"I do have my suspects and I have conveyed it to police," Rika told Fijilive.

"I think I know why (the incident occurred to him). Until I can be certain, I will not speculate," he said.

Rika said damage sustained was estimated at around $1500 to $2000.

Fijilive

Thursday, March 12, 2009

Defenses Flop, but at Least They Were Creative

Defenses Flop, but at Least They Were Creative

One has to hand it to Antonio Cruzado Jr. -- or at least to his lawyer -- for being creative in his defense. Sure, he sped off in the car he'd just stolen with one Christopher Adams clinging to the door, holding on for dear life. But it wasn't his fault that Adams jumped on the car and tried to stop him from stealing it. After all, Adams jumped on of his own free will. Why should Cruzado be found guilty of assault and battery?

Come to think of it, why should he even be convicted for robbery? The law defines robbery as larceny from a person by force and violence. When Cruzado jumped in and snatched the Honda Civic from a Cambridge, Mass., gas station, no one noticed until after he started to drive away. Yes, Adams and the car's owner chased after him. Yes, he sped off with Adams clinging to the car after trying to open the door. But at the moment he actually started the car and drove off, no force or violence were involved.

The arguments are so clever they almost make sense. But the Massachusetts Appeals Court didn't buy any of it. In a decision issued this week, Commonwealth v. Cruzado, it upheld Cruzado's convictions of unarmed robbery and assault and battery by means of a dangerous weapon -- the dangerous weapon being the Honda Civic. On the assault and battery charge, Cruzado argued to the Appeals Court that there was no battery "because it was Adams who brought himself into contact with the Honda." The court saw it otherwise, concluding that a jury could have found that he intended to use both the car and his hands in a dangerous manner.

While driving he intentionally accelerated the Honda as Adams was holding onto it, drove the Honda through a red light, swerved in traffic, and traveled several blocks at a speed of thirty to forty miles per hour. At the same time, the defendant used his hands to attempt to dislodge Adams from the Honda.

As for the robbery charge, Cruzado contended that he did not use force in taking the Civic, since no one was looking. But the court said that the victims' pursuit and the defendant's attempt to escape provided the requisite force.

Here, a rational jury could have found that the Honda was taken from Adams's person as the robbery was not complete when the defendant was still fleeing the scene while being pursued by Adams. The defendant accelerated the car and pushed at Adams's hands to attempt to remove the car from Adams's grasp and to complete the theft.

And so Cruzado earns points for creativity but flops in his effort to stay out of jail. That was especially bad news for this particular defendant. As a habitual criminal, he was given a sentence of life in prison.

Sphere: Related Content

Posted by Robert J. Ambrogi on March 11,

Lawyer Loses Bid to Get Patent on Marketing

Lawyer Loses Bid to Get Patent on Marketing

California lawyer Scott C. Harris hoped to get the patent on marketing. But his hopes were dashed this week when the Federal Circuit Court of Appeals issued a ruling that a marketing business is not the sort of subject matter eligible for a patent.

Harris is familiar to patent lawyers as the one-time Fish & Richardson partner and occasional inventor whose former firm forced him out after he sold some of his patents to a holding company that then used them to sue Google, which is a Fish client. That holding company is represented by the firm Niro, Scavone, Haller & Niro, which turned around and added Fish as a defendant. Fish then countersued Harris and Harris countersued Fish. As all of this was being followed by the anonymous Patent Troll Tracker, his identity was unmasked and he got caught up in his own set of legal entanglements. Confusing, yes, but Joe Mullin makes sense of it all at The Prior Art.

Meanwhile, Harris -- as one of three plaintiffs and also as their attorney -- brought this appeal from a decision of the Board of Patent Appeals denying his claims to get a patent on a method and "paradigm" of marketing. He described the paradigm claim this way:

A marketing company that markets software from a plurality of different independent and autonomous software companies, and carries out and pays for operations associated with marketing of software for all of said different independent and autonomous software companies, in return for a contingent share of a total income stream from marketing of the software from all of said software companies, while allowing all of said software companies to retain their autonomy.

Sounds like a marketing company, right? That is what the Court of Appeals thought. It said the case fell squarely under its en banc decision last year, In re Bilski, in which it limited business-method patents to processes that meet its "machine-or-transformation" test. In other words, the process must either be tied to a particular machine or apparatus or transform a particular article into a different state or thing. "A marketing force is not a machine or apparatus," the court explained.

Harris argued that a marketing company is "analogous to a machine" in that a company "is a physical thing." The Federal Circuit did not see it that way. Citing Harris' own statement during oral argument that "you cannot touch the company," the court reasoned, "Applicants do no more than provide an abstract idea -- a business model for an intangible marketing company."

At his blog Patently-O, Dennis Crouch says the Federal Circuit got it right.

Under Bilski, this case is open and shut. The claim is not even arguably tied to a machine. ... On the second Bilski prong, the claim does not require transformation of any article into a different state or thing. The only transformation is that of legal rights and organizational relationships that were explicitly excluded in the Bilski decision.

As for Harris, he tells The Recorder that he may appeal to the Supreme Court. "The way the patent office and the Federal Circuit is acting lately is that they're really trying to restrict the scope of patents," he said, "and this is just one more in a series."

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Posted by Robert J. Ambrogi on March 11, 2009

Federal Judge Chastens Harvard Law Prof

Federal Judge Chastens Harvard Law Prof

Legal advocacy and legal education may not always be the best of bedfellows, it turns out. A Harvard law professor's efforts to combine the two while defending a file-sharing case earned him an admonishment this week from a federal judge in Boston and a warning that his educational pursuits may be undermining his client's case.

Ironically, the judge who chastened the professor helped bring him into the case in the first place. U.S. District Judge Nancy Gertner, concerned about the imbalance between big record companies and pro se defendants, pointed lawyerless defendant Joel Tenenbaum to Charles Nesson, a professor at Harvard Law School and a founder of Harvard's Berkman Center for Internet & Society. Nesson took up his defense and also saw in the case a broader educational opportunity. One of his first moves was to seek an order allowing a motion hearing to be webcast -- an order granted but later put on hold.

What got Nesson in trouble this week was his attempt to compel the deposition of Matthew Oppenheim, a lawyer who helps the RIAA coordinate its file-sharing cases but who is not involved in the Tenenbaum case. Not only did Nesson want to depose Oppenheim, but he also wanted to do it in front of an audience in a Harvard law school classroom and make a recording of it.

A clearly impatient Judge Gertner this week denied Nesson's motion to compel and served him notice that the case was not a classroom exercise. First, she said, Nesson failed to comply with the requirements of the federal rules for issuing a deposition subpoena. Second, she said, because he had not made the initial disclosures required by the federal rules, he was barred from initiating any discovery, including depositions.

Apart from failing those technical requirements, she continued, Nesson had shown continuing difficulty complying with the requirement of the rules that the parties meet and confer in good faith about discovery matters. "Nothing entitles the Defendant to engraft his own conditions on the Federal Rules of Civil Procedure or the Local Rules of this Court, or to dispense with them where they fail to suit his counsel's teaching style," she said in no uncertain terms. And then she issued a warning:

While the Court understands that counsel for the Defendant is a law professor, and that he believes this case serves an important educational function, counsel must also understand that he represents a client in this litigation -- a client whose case may well be undermined by the filing of frivolous motions and the failure to comply with the Rules. Submission of a plainly flawed motion cannot be justified as a clinical exercise. The Court will not hesitate to impose appropriate sanctions, including potentially substantial costs, should the Defendant waste either the Plaintiffs' time and money or scarce judicial resources by filing frivolous motions in the future.

It was, as the professor foresaw, an educational opportunity. It was not, however, the lesson he anticipated.

[Hat tip to Recording Industry vs. The People.]

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Posted by Robert J. Ambrogi on March 11, 2009

Monday, March 09, 2009

Women and Work: Then, Now, and Predicting the Future for Women in the Workplace Predicciones de futuro sobre el trabajo de la mujer

Predicciones de futuro sobre el trabajo de la mujer

Publicado el 06-03-2009 por E&E.Madrid

Este artículo de About.com Human resources, un recurso que pertenece a The New York Times, ofrece una serie de predicciones sobre las condiciones del mercado laboral en las que se encontrarán las mujeres en los próximos años, y analiza indicadores como el absentismo o la tecnología.

Leer artículo completo

Women and Work: Then, Now, and Predicting the Future for Women in the Workplace

Business Women in the Workplace

By Susan M. Heathfield, About.com

See More About:

Tired of reading about Carly Fiorina, the former Chairman and CEO of the merged Hewlett-Packard - Compaq? Fiorina and other successful women such as Condoleezza Rice, Sherry Lansing or Martha Stewart are the poster faces for the 'You've come a long way, baby' spin doctors. I applaud and laud the work success of these business women and hope all people learn from their wisdom and achievements. Indeed, some of these women are my heroes. Rock on!

However, what is happening for the rest of the women in the workforce? More importantly, what does the future hold for business women in the workplace?

Do you want to know what women have achieved now and what the future holds for women and work? Let's polish up our crystal ball and make a few predictions based on current statistics and projections about women and work. I'll show you the then and now statistics and discuss the future of women and work. I'll also recommend objectives and ideas to help employers continue to accomplish this progress for women in the workplace. Read on.

What Percentage of Women Work?

Current:

"In 1950 about one in three women participated in the labor force. By 1998, nearly three of every five women of working age were in the labor force. Among women age 16 and over, the labor force participation rate was 33.9 percent in 1950, compared with 59.8 percent in 1998.

63.3 percent of women age 16 to 24 worked in 1998 versus 43.9 percent in 1950.

76.3 percent of women age 25 to 34 worked in 1998 versus 34.0 percent in 1950.

77.1 percent of women age 35 to 44 worked in 1998 versus 39.1 percent in 1950.

76.2 percent of women age 45 to 54 worked in 1998 versus 37.9 percent in 1950.

51.2 percent of women age 55 to 64 worked in 1998 versus 27 percent in 1950.

8.6 percent of women age 65+ worked in 1998 versus 9.7 percent in 1950.

Source: U.S. Department of Labor: Changes in Women's Work Participation

Current:

"As more women are added to the labor force, their share will approach that of men. In 2008, women will make up about 48 percent of the labor force and men 52 percent. In 1988, the respective shares were 45 and 55 percent."

Source: U.S. Department of Labor: Women's Share of Labor Force

Women and Absenteeism

Current:

As you might expect because of home and family matters, "in 1998, about 4 percent of full-time workers were absent from their job during an average work week — meaning they worked less than 35 hours during the week because of injury, illness, or a variety of other reasons. About 5.1 percent of women (including 5.6 percent of women aged 20 to 24) were absent in the average week, compared with 2.7 percent of men Among those absent, women were somewhat more likely to be absent for reasons other than injury or illness. One third of women's compared with less than one-quarter of men's absences were attributed to other reasons."

Source: U.S. Department of Labor: Women's Absenteeism

Prediction:

The number of women will continue to increase in the workforce. Women will continue to have primary responsibility for home and family matters, thus affecting work attendance negatively.

What Employers Can Do:

Employers will be challenged to provide family-friendly solutions for working people who need flexibility for child care and elder care. These solutions may include:

job sharing,
part-time employment,
staff working from home or telecommuting,
flexible starting and stop times and flexible core business hours, and
periodic paid and unpaid work interruptions for child care and elder care.

Attendance systems that are inflexible will drive qualified and committed employees to employers that address family issues with creativity and concern.

Employers need to pay more attention to the Equal Employment Opportunity guidelines. They exist to create equity and too many employers are still working them as a numbers game because of reporting requirements.

As recommended by the Women Employed Institute, make women more aware of careers that offer higher pay opportunities. Most women's jobs are clustered in "female" occupations that pay poorly. Promote and educate women about these opportunities so women pursue opportunities for education in these higher paying opportunities. Catalyst, which monitors the progress of women in the workplace, reported that as of 1998, only 2.7 percent of the highest-paid officers at Fortune 500 companies were women. Women continue to dominate lower paying domestic, clerical support, and administrative-type occupations.

Next, we'll take a look at how women have progressed in earnings and education and consider employer opportunities to escalate the progress.

Interested in Women's Earnings and Education?

Wednesday, March 04, 2009

IURIS: ARTICULOS IMPORTANTES

ARTICULOS IMPORTANTES

Actualidad : Tribuna

Incidencia de la incapacidad temporal sobre el derecho a vacaciones: viejos problemas, nuevas soluciones, POR IGNACIO GONZÁLEZ DEL REY RODRÍGUEZ

En una reciente Sentencia, de 20 de enero de 2009, el Tribunal de Justicia de las Comunidades Europeas ha interpretado el derecho a vacaciones anuales retribuidas consagrado por la Directiva comunitaria sobre tiempo de trabajo (2003/88), en relación con la incidencia que sobre el mismo tienen las ...

Autor: Ignacio González del Rey Rodríguez

Actualidad : Crónica

DECLARACIÓN DE BOLONIA - Radiografía del nuevo grado en Derecho

Tres universidades españolas ya han empezado a impartir la nueva titulación de grado en Derecho surgida de la Declaración de Bolonia que, dentro de dos cursos, deberán ofrecer todas las demás.

Autor: Ana Belén del Pozo

Artículos : Observatorio

Sobre la relación laboral especial de los abogados

La reciente Sentencia del Supremo que ha declarado la nulidad del precepto que excluía del cómputo de la jornada laboral de los abogados el tiempo dedicado a desplazamientos y esperas ha desestimado, sin embargo, la petición de que se declarara inconstitucional la introducción en sí de la relación ...

Autor: Jordi Garcia Viña

Artículos : Ejercer

Los ladrones de tiempo del abogado

Llamadas a todas horas, tareas a medio realizar, información superflua, esperas en los juzgados, organización ineficiente en el despacho… El día a día del abogado está lleno de situaciones que le hacen perder el tiempo.

Autor: Carlos Wienberg

Artículos : Gestión

Redes internacionales de despachos, ¿elección o necesidad?

Una de las fórmulas para seguir a los clientes al extranjero es entrar en una red internacional de despachos. Como las hay para todos los gustos, lo difícil es acertar. Para elegir la más adecuada a los intereses del despacho y sus clientes, es interesante seguir ciertas recomendaciones básicas.

Autor: Marisa Méndez

Artículos : Análisis

Medidas de protección para trabajadoras víctimas de violencia de género

La Ley Orgánica de medidas de protección integral contra la violencia de género así como un recientemente aprobado Real Decreto reconocen a la mujer trabajadora una serie de derechos laborales y medidas para su inserción laboral sobre los que existe un gran desconocimiento y a los que las ...

Autor: Esther Costa I Rosell

Criminalidad organizada: marco comunitario y reforma del Código Penal

El Anteproyecto de reforma del Código Penal no supone grandes avances respecto a la vigente regulación de la criminalidad organizada y no tiene en cuenta los mandatos establecidos al respecto en el entorno comunitario.

Autor: Yolanda Pardo González

El sindicato de voto en sociedades mercantiles

Es el pacto parasocial más frecuente y relevante, pero también uno de los más conflictivos jurídicamente.

Autor: Tomás Fornesa Rebés

Aspectos fiscales de la permuta inmobiliaria (i)

Las operaciones de permuta inmobiliaria, que permiten al dueño de un solar obtener edificación sin intervenir en su construcción, tienen numerosas implicaciones contables y fiscales, al funcionar como una doble venta, tanto a efectos de impuestos directos como indirectos.

Autor: Ander Bereciartu

Claves del nuevo contrato de colaboración entre el sector público y el sector privado

La Ley de contratos del sector público ha introducido la innovadora figura del contrato de colaboración entre el sector público y el sector privado, cuyo uso por las Administraciones es aún una incógnita, aunque de la regulación cabe deducir que su creación se vincula a la financiación o a la ...

Autor: Javier Zuloaga González

ver otros

guruschile: Environmental Initiatives (Let our children feel Greener - Arindam Chaudhuri's GIDF initiatives)

Environmental Initiatives (Let our children feel Greener – Arindam Chaudhuri's GIDF initiatives)
The crucial need for conservation and restoration of the degraded ecosystem and preservation of genetic resources of the country.

Click here to view related Website: Arindam Chaudhuri

Publish Date: 2009-03-03

<< Previous Story Next Story >>

	The Full Story:

	Sustainability of Environment The crucial need for conservation and restoration of the degraded ecosystem and preservation of genetic resources of the country. Maintenance of ecological balance and pristine environment therefore has been one of the utmost important focus areas of the Foundation. Afforestation programmes As the global weather patterns are changing due to the global warming effect of which environmental degradation is one of the prime factors. The Foundation has been carrying out regular afforestation drives to increase the green cover. Rain Water Harvesting Structures As India develops the need for fresh water is increasing day by day because of the increase in agricultural production, industrialization and the ever growing population. Water is being used in a very unscientific manner leading to depletion in the ground water level and today there is water scarcity in virtually all the major cities. The Foundation has constructed rain water harvesting structures in the cities and also has constructed check water dams in the rural areas to arrest the severe depletion of the water level. Waste Management: Waste disposal is one of the major problems being faced by all nations across the globe. It takes anywhere between three to seven days for the waste to be disposed from the time of its generation. Major portion of the collected waste is dumped in landfill sites. The recyclable content of waste ranges from about 13% to 20%. In a developing country like India, paper, plastic, glass, rubber, ferrous and non-ferrous metals – all the material that can be recycled are salvaged from this waste to produce low-cost products extensively used by the lower-income groups of the society. However, data collected from 44 Indian cities have revealed that about 70% of them do not have adequate capacity for collection and transportation of solid waste. The uncollected waste that usually finds its way in sewers is eaten by cattle, or left to rot in the open, or burnt on roadsides. In the face of burgeoning urban populations and growing mounds of garbage, initiatives like converting garbage into energy could show the way for cities. The landfill sites are also nearing full capacity and the Municipal Corporation is finding it difficult to look for alternative sites. The only solution to this problem is the disposal of the wastes using scientific methods of waste management. Dean of IIPM Prof. Arindam Chaudhuri's GIDF has started a programme to tackle this where the waste is first segregated into recyclable and non-recyclable waste. The recyclable waste is put into vermin composting pits where it turns into organic manure in a week to ten days time and is finally provided to farmers for farming purposes. Volunteers who are involved in this programme have been named as "Safai Mitras" who also are spreading awareness about basic sanitation in the community. << Previous Story Next Story >>

LAWYERSCHILE EL MUNDO INTERNACIONAL DEL ABOGADO

Saturday, March 28, 2009

CRISIS: PAISES Deben estar preparados

Thursday, March 26, 2009

'Mexico: Unsolved Feminicide Along the Border'

Monday, March 23, 2009

'Women changing the face of Egypt'

Friday, March 13, 2009

'China is Unhappy'

Fiji Times Editor's vehicle vandalised

Thursday, March 12, 2009

Defenses Flop, but at Least They Were Creative

Lawyer Loses Bid to Get Patent on Marketing

Federal Judge Chastens Harvard Law Prof

Monday, March 09, 2009

Women and Work: Then, Now, and Predicting the Future for Women in the Workplace Predicciones de futuro sobre el trabajo de la mujer

Predicciones de futuro sobre el trabajo de la mujer

Women and Work: Then, Now, and Predicting the Future for Women in the Workplace

Business Women in the Workplace

See More About:

Sponsored Links

What Percentage of Women Work?

Women and Absenteeism

Wednesday, March 04, 2009

IURIS: ARTICULOS IMPORTANTES

guruschile: Environmental Initiatives (Let our children feel Greener - Arindam Chaudhuri's GIDF initiatives)

Links