TU NO ESTAS SOLO EN ESTE MUNDO. YOU ARE NOT ALONE SI TE HA GUSTADO UN ARTICULO, COMPARTELO

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.



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

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
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

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.


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

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.

SPONSOR SPOTLIGHT

Supreme Court Roundtable

Supreme Court correspondent Tony Mauro and a panel of distinguished Supreme Court practitioners, each of whom argued one or more cases in the 2008-09 Supreme Court term, analyze the changes in the Court this term, the strategies of the lawyers who won and lost, and the outlook for the 09-10term. Monday, July 6 Georgetown Univ. Law Center. Call 202-828-0362 or click here for information to attend.

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.

SPONSOR SPOTLIGHT

SAGE Disaster Recovery Seminar 6/16

On June 16, join SAGE for a breakfast seminar to get your Disaster Recovery Plan out of limbo by developing realistic objectives for getting your people and systems back to work in a reasonable manner. The seminar will cover how small/medium firms can develop affordable DR plans, put them in place, and new options for back-up and recovery. To learn more or register, please visit www.sagesol.com/lt/.

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.

 

NLJ and Legal Times for 30 days free




If you have Twitter account, you can now follow NLJ Editor in Chief David L. Brown at twitter.com/davidlbrownjr. Follow him for links to key stories and updates from the NLJ newsroom. You can also track news on Twitter from the NLJ's Washington bureau at twitter.com/legal_times.

MOST POPULAR STORIES


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

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


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

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:
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

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.]

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

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

lawyerschile: And Now, Our Report From Cannes

And Now, Our Report From Cannes

Thebeacon 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.

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

lawyerschile: Sotomayor: The Second 24 Hours


Sotomayor: The Second 24 Hours

Sonia_Sotomayor_6_sitting,_2009 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.

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

Wednesday, May 27, 2009

'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/

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 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.

Sphere: Related Content

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


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: 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.

Sphere: Related Content

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


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: 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.

Sphere: Related Content

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


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

Friday, May 22, 2009

The Best Weapon Against Pirates? Lawyers.

The Best Weapon Against Pirates? Lawyers.

Blackbeard 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.

Sphere: Related Content

Posted by Robert J. Ambrogi on May 22, 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