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LAW PUNDIT Friday, January 29, 2010 1/29/2010 09:03:00 PM [Home]
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WIPO Uniform Domain Resolution Policy (UDRP) : 1500+ Domain Names Transferred to IHG Intercontinental Hotels Group in Single Ruling
Over 1,500 domain names handed to hotels group in single ruling | Pinsent Masons LLP Out-Law.com
Permalink : Andis Kaulins : 1/29/2010 09:03:00 PM
WIPO Uniform Domain Resolution Policy (UDRP) : 1500+ Domain Names Transferred to IHG Intercontinental Hotels Group in Single Ruling
Over 1,500 domain names handed to hotels group in single ruling | Pinsent Masons LLP Out-Law.com
"The single case, heard by the World Intellectual Property Organisation (WIPO)'s arbitration centre, transferred 1,519 domain names to the InterContinental Hotels Group (IHG)....
For a domain name to be transferred by WIPO a brand owner has to show that the name is identical or confusingly similar to terms that it has rights to; that the person who owns it has no rights to the domain name; and that it was registered and is being used in bad faith."
Permalink : Andis Kaulins : 1/29/2010 09:03:00 PM
LAW PUNDIT 1/29/2010 04:05:00 PM [Home]
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Review of Linguatec Personal Translator Professional, Version 14 - Automatic Translation in Seven Different Language Pairs for Home and Office
Personal Translator Version 14 from Linguatec is the new product from the market leader for automatic translations. Such technologically advanced personal translation software is a welcome addition to any software library of useful tools, whether this be in the home or at the office.
Take a look at this flash video in English, explaining how Personal Translator works.
Personal Translator 14 offers seven different language pairs for translation:
Standard (€49), Advance (€99), and Professional (€249),
Net (€799), and Intranet (€4975).
All desktop solutions are downloadable in the Linguatec online shop.
Take a look at the following version comparison to discover which version might suit your particular needs, taking into account especially the special features - which differ by version:
1. SmartAnalyse™, 2. SmartCorrect™, 3. SmartLookup™, 4. SmartMemory™ - including a TMX converter for use with other translation memory software (e.g. TRADOS®) , 5. Neural transfer, 6. Automatic selection, 7. Automatic recognition, 8. Revised and updated dictionary, 9. Look-up of inflected forms, 10. Direct link to Wikipedia, 11. Integrated specialist terminology, 12. Business English translation archive, 13. Dictionary of idioms, 14. Expandable dictionary, 15. Creation of extended word definitions, 16. Exporting/importing, 17. XML export/import function, 18. integrated word processor, 19. opening and saving of Word (.doc) and PDF documents, 20. Integrated web browser, 21. Microsoft Office integration, 22. Batch translation, 23. Natural-sounding voice output and 24. Expansion options.
What about the quality of translation?
I am someone who has used translation software regularly over the years, and I can honestly say that automatic translation is still not perfect. But then again, human translation is also not perfect. The conversion of one language to another is an extremely complex task. That so much progress has already been made in translation technology - in spite of the formidable limitations that software translation programmes must surmount - is astounding.
Here is that same text translated into German by Personal Translator Version 14:
Ich bin jemand, der über die Jahre Übersetzungssoftware regelmäßig verwendet hat, und ich kann ehrlich sagen, dass automatische Übersetzung immer noch nicht perfekt ist. Aber menschliche Übersetzung ist dann wieder auch nicht perfekt. Die Umwandlung der einen Sprache in einen anderen ist eine äußerst komplexe Aufgabe. Dass so viel Fortschritt schon in Übersetzungstechnik trotz der ungeheuren Beschränkungen gemacht worden ist, die Softwareübersetzungsprogramme überwinden müssen, ist erstaunlich.
No translation software on the market replaces human translation entirely, as humans are required to fine tune raw automatic translations, but software as good as Personal Translator 14 helps to reduce translation workloads and thus to save time and money for business enterprises.
Morevoer, for professional translators, starting with the Professional version, Personal Translator 14 has SmartMemory™, which intelligently archives and recalls previously translated (and edited) sentences and also includes a TMX converter for use with other translation memory software such as the widely used TRADOS®.
What other advantages does Personal Translator offer?
Please note that we obtain a complimentary review copy of Personal Translator Pro 14 for writing this review.
Permalink : Andis Kaulins : 1/29/2010 04:05:00 PM
Review of Linguatec Personal Translator Professional, Version 14 - Automatic Translation in Seven Different Language Pairs for Home and Office
Personal Translator Version 14 from Linguatec is the new product from the market leader for automatic translations. Such technologically advanced personal translation software is a welcome addition to any software library of useful tools, whether this be in the home or at the office.
Take a look at this flash video in English, explaining how Personal Translator works.
Personal Translator 14 offers seven different language pairs for translation:
- German ↔ English
- German ↔ French
- English ↔ French
- English ↔ Italian
- English ↔ Portuguese (BR)
- English ↔ Spanish
- English ↔ Chinese
Standard (€49), Advance (€99), and Professional (€249),
and two corporate solutions:
Net (€799), and Intranet (€4975).
Take a look at the following version comparison to discover which version might suit your particular needs, taking into account especially the special features - which differ by version:
1. SmartAnalyse™, 2. SmartCorrect™, 3. SmartLookup™, 4. SmartMemory™ - including a TMX converter for use with other translation memory software (e.g. TRADOS®) , 5. Neural transfer, 6. Automatic selection, 7. Automatic recognition, 8. Revised and updated dictionary, 9. Look-up of inflected forms, 10. Direct link to Wikipedia, 11. Integrated specialist terminology, 12. Business English translation archive, 13. Dictionary of idioms, 14. Expandable dictionary, 15. Creation of extended word definitions, 16. Exporting/importing, 17. XML export/import function, 18. integrated word processor, 19. opening and saving of Word (.doc) and PDF documents, 20. Integrated web browser, 21. Microsoft Office integration, 22. Batch translation, 23. Natural-sounding voice output and 24. Expansion options.
| Translation | Stand. | Adv. | Pro. | Net |
|---|---|---|---|---|
| Translation in 7 languages |  | | | |
| SmartAnalyse™ | | | | |
| SmartCorrect™ | | | | |
| SmartLookup™ | | | | |
| SmartMemory™ | | | | |
| Neural transfer | | | | |
| Automatic selection | | | | |
| Automatic recognition | | | | |
| Dictionaries | Stand. | Adv. | Pro. | Net |
| Revised and updated dictionary | 1,8 Mio | 2,4 Mio | 3,8 Mio | 3,8 Mio |
| Look-up inflected forms | | | | |
| Direct link to Wikipedia | | | | |
| Integrated specialist terminology | | | | |
| Business English translation archive | | | | |
| Dictionary of idioms | | | | |
| Expandable dictionary | | | | |
| Creation of extended word definitions | | | | |
| Exporting/importing | | | | |
| Extended XML export/import function | | | | |
| Word processing and working environment | Stand. | Adv. | Pro. | Net |
| Internal word processor | | | | |
| Opening and saving of Word (.doc) and PDF documents | | | | |
| Integrated web browser for translating web pages | | | | |
| Microsoft Office integration | | | | |
| Batch translation | | | | |
| Natural-sounding voice output with new TTS technology | | | | |
| Expansion options (programmes not included) | Stand. | Adv. | Pro. | Net |
| German-English specialist dictionaries | | | | |
| PT Net network solution | | | | |
What about the quality of translation?
I am someone who has used translation software regularly over the years, and I can honestly say that automatic translation is still not perfect. But then again, human translation is also not perfect. The conversion of one language to another is an extremely complex task. That so much progress has already been made in translation technology - in spite of the formidable limitations that software translation programmes must surmount - is astounding.
Here is that same text translated into German by Personal Translator Version 14:
Ich bin jemand, der über die Jahre Übersetzungssoftware regelmäßig verwendet hat, und ich kann ehrlich sagen, dass automatische Übersetzung immer noch nicht perfekt ist. Aber menschliche Übersetzung ist dann wieder auch nicht perfekt. Die Umwandlung der einen Sprache in einen anderen ist eine äußerst komplexe Aufgabe. Dass so viel Fortschritt schon in Übersetzungstechnik trotz der ungeheuren Beschränkungen gemacht worden ist, die Softwareübersetzungsprogramme überwinden müssen, ist erstaunlich.
No translation software on the market replaces human translation entirely, as humans are required to fine tune raw automatic translations, but software as good as Personal Translator 14 helps to reduce translation workloads and thus to save time and money for business enterprises.
Morevoer, for professional translators, starting with the Professional version, Personal Translator 14 has SmartMemory™, which intelligently archives and recalls previously translated (and edited) sentences and also includes a TMX converter for use with other translation memory software such as the widely used TRADOS®.
What other advantages does Personal Translator offer?
- Excellent translation quality
- Fault-tolerant
Automatic correction of spelling mistakes..... - Global communication: 7 language pairs
- Intelligent context analysis
- Huge dictionaries
- Individual adaptability
- Business English
- High quality voice Output
- High data security
- Great for saving time
A study by the Fraunhofer Institute has found that using the Personal Translator can help you save over 40% time. - Certified for Windows 7
The certification for Windows 7 guarantees that the Personal Translator meets standards that make it particularly user-friendly and easy to use. Compatible with 32 and 64 bit processors.
Please note that we obtain a complimentary review copy of Personal Translator Pro 14 for writing this review.
Permalink : Andis Kaulins : 1/29/2010 04:05:00 PM
LAW PUNDIT Thursday, January 28, 2010 1/28/2010 09:20:00 PM [Home]
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Obama's First State of the Union Focuses on Domestic Issues : First Year of Presidency Marked by Unprecedented Winning Streak in Washington D.C.
In our opinion, the most important personal policy statement in that address is found in these words:
Don Gonyea writes at NPR in CQ: Obama's Winning Streak On Hill Unprecedented:
Perhaps the best way to understand Obama is to look at his actions ONLY - completely independent of his person. He is a gifted speaker and a smiling personality type and he is black (in part), so everyone has some bias pro or con against him - but you have to look at what he is doing in terms of government leadership, NOT just look at your own personal biases - which are never a good basis to judge others because they are NOT objective.
Who did Obama hire for top positions in his administration? Just like on a football team, you can't win the game without the right players. Economically seen, for example, he hired the best economic minds out there. Thank goodness for that. His crew mastered a disastrous economic situation, not perfectly, but they mastered it. With lesser brains on his staff, the world and national economic situation would be much worse than it is. Things may look bad, but they ARE improving. The OECD writes about the world economy in January 2010:
And for the skeptics out there - the ultimate economic test is the price of a hamburger.
But let us return to Obama. In our view, U.S. President Barack Obama is greatly underestimated in his actions, and this underestimation is possibly faulty. Obama is a winner. His whole life balance is a success story based upon "doing what was necessary" to win, to achieve the goals he wanted to achieve, to get where he wanted to be, and there is little doubt in this commentator's mind that this element of Obama's personality will continue to operate effectively in the coming years. His actions should be judged from that perspective.
In an analysis of the State of the Union address, Helene Cooper at the New York Times Caucus Blog makes the following observation regarding the balance of that address in terms of foreign and domestic focus:
Stephen Kaufman writes at America.gov in America Must Lead Through Engagement, Obama Says:
Permalink : Andis Kaulins : 1/28/2010 09:20:00 PM
Obama's First State of the Union Focuses on Domestic Issues : First Year of Presidency Marked by Unprecedented Winning Streak in Washington D.C.
Below is the video of US President Obama's 1st State of the Union Address.
A transcript is available.
A transcript is available.
In our opinion, the most important personal policy statement in that address is found in these words:
"Our most urgent task upon taking office was to shore up the same banks that helped cause this crisis. It was not easy to do. And if there’s one thing that has unified Democrats and Republicans, it’s that we all hated the bank bailout. I hated it. You hated it. It was about as popular as a root canal. But when I ran for President, I promised I wouldn’t just do what was popular – I would do what was necessary." [emphasis added by LawPundit]Let that last statement sink in. Does that match your political view of Obama? If not, is it possible that you are wrong?
Don Gonyea writes at NPR in CQ: Obama's Winning Streak On Hill Unprecedented:
"In his first year in office, President Obama did better even than legendary arm-twister Lyndon Johnson in winning congressional votes on issues where he took a position, a Congressional Quarterly study finds.Does that match what you are reading in the opinion blurbs you read? Maybe you need to make a more accurate selection of news sources. LawPundit is a good start.
The new CQ study gives Obama a higher mark than any other president since it began scoring presidential success rates in Congress more than five decades ago. And that was in a year where Obama tackled how to deal with Afghanistan, Iraq, an expanding terrorist threat, the economic crisis and battles over health care."
Perhaps the best way to understand Obama is to look at his actions ONLY - completely independent of his person. He is a gifted speaker and a smiling personality type and he is black (in part), so everyone has some bias pro or con against him - but you have to look at what he is doing in terms of government leadership, NOT just look at your own personal biases - which are never a good basis to judge others because they are NOT objective.
Who did Obama hire for top positions in his administration? Just like on a football team, you can't win the game without the right players. Economically seen, for example, he hired the best economic minds out there. Thank goodness for that. His crew mastered a disastrous economic situation, not perfectly, but they mastered it. With lesser brains on his staff, the world and national economic situation would be much worse than it is. Things may look bad, but they ARE improving. The OECD writes about the world economy in January 2010:
"08/01/10 - OECD composite leading indicators (CLIs) for November 2009 provide stronger signals of recovery than in last month's assessment. Troughs in the underlying reference series - the index of industrial production - for all major seven countries, except Canada and the United Kingdom, are also visible, and the CLIs for all major seven countries have moved above their long-term trend, implying an expansionary outlook relative to trend (see also interpreting OECD CLIs). The outlook for major non member economies also continues to point to a recovery. etc."Economic indicators at e.g. The Economist such as U.S. housing prices are mostly on "go".
And for the skeptics out there - the ultimate economic test is the price of a hamburger.
But let us return to Obama. In our view, U.S. President Barack Obama is greatly underestimated in his actions, and this underestimation is possibly faulty. Obama is a winner. His whole life balance is a success story based upon "doing what was necessary" to win, to achieve the goals he wanted to achieve, to get where he wanted to be, and there is little doubt in this commentator's mind that this element of Obama's personality will continue to operate effectively in the coming years. His actions should be judged from that perspective.
In an analysis of the State of the Union address, Helene Cooper at the New York Times Caucus Blog makes the following observation regarding the balance of that address in terms of foreign and domestic focus:
"David Rothkopf, a former Clinton administration official and foreign policy expert, said Wednesday night that he “can’t recall a state of the union that devoted less time or attention to foreign policy issues than this one.”You can hardly sum it up better than that. Foreign policy is currently viewed by the Obama administration as leadership through "engagement", which appears to this observer to be a modern synonym for a type of political and military "isolationism". Indeed, a cycle of US "isolationism" after wars is apparent in the record and this appears to be the case now too after Iraq and Afghanistan, where the major battles have been won. The road map for Afghanistan seems to be clear. As written at CNN in Afghan conference sets deadlines for NATO handover:
Mr. Rothkopf, author of a book about the National Security Council, said that Mr. Obama has gauged that Americans right now are “wounded and looking inward.”
"On the security front, Afghanistan said it intends to transition some provinces to full Afghan security control by the end of this year, have half the country's provinces under Afghan security control within three years, and take full responsibility for security inside its borders within five years.The same is true for Iraq. The world has new - and different - problems facing it now.
To that end, the Afghan National Army will increase the numbers of its troops to 171,600, and the Afghan National Police will increase to 134,000 personnel by October, 2011, the communique said.
If these plans are successful, Clinton said, the United States could begin to transition U.S. troops out of Afghanistan in July, 2011.
"It's not an exit strategy, it's about assisting the Afghans" in taking responsibility for their own security, she explained."
Stephen Kaufman writes at America.gov in America Must Lead Through Engagement, Obama Says:
"Washington [D.C.] — There must be continued American leadership to halt the spread of nuclear weapons, develop clean energy and advance human dignity throughout the world, President Obama says, restating his commitment to global engagement.Is Obama still winning? We think - yes - definitely.
Speaking January 27 in his first State of the Union address, Obama told U.S. lawmakers, Cabinet members, Supreme Court justices, U.S. military officers and the American people that the United States is leading through engagement to advance “the common security and prosperity of all people.”
U.S. engagement includes taking a leadership role in fighting climate change; working to sustain a lasting global economic recovery; establishing partnerships around the world in science, education and innovation; and providing humanitarian food and medical assistance, including in the fight against HIV/AIDS, he said.
“America takes these actions because our destiny is connected to those beyond our shores. But we also do it because it is right,” Obama said."
Permalink : Andis Kaulins : 1/28/2010 09:20:00 PM
LAW PUNDIT 1/28/2010 01:18:00 AM [Home]
[Print]
Laughing All the Way to the Bank - Dwight Garner reviews I.O.U.: Why Everyone Owes Everyone and No One Can Pay - by John Lanchester
Laughing All the Way to the Bank
a NY Times review of
I.O.U.: Why Everyone Owes Everyone and No One Can Pay: by John Lanchester
Let's get this straight, with a hat tip to CaryGEE:
In his book "I.O.U", Lanchester writes at p. 55 about the famed late economist John Maynard Keynes:
Permalink : Andis Kaulins : 1/28/2010 01:18:00 AM
Laughing All the Way to the Bank - Dwight Garner reviews I.O.U.: Why Everyone Owes Everyone and No One Can Pay - by John Lanchester
Laughing All the Way to the Bank
a NY Times review of
I.O.U.: Why Everyone Owes Everyone and No One Can Pay: by John Lanchester
Let's get this straight, with a hat tip to CaryGEE:
In his book "I.O.U", Lanchester writes at p. 55 about the famed late economist John Maynard Keynes:
"As Keynes - he who made himself and his college rich by spending half an hour a day in bed playing the stock market - once observed, there is nothing so disastrous as a rational policy in an irrational world. Keynes was preoccupied by the difference between risk in the sense of the mathematical calculation of probabilities and uncertainty, the more profound unknowabilities of life and history... Confuse risk with uncertainty, and you have dug a tank trap for yourself."Dwight Garner reviews Lanchester's book at the New York Times in Laughing All the Way to the Bank:
"If you wanted to try to make sense of the global banking crisis, instead of merely weeping openly at your A.T.M. balance, 2009 was a very good year. Bookstores were filled with volumes that, with expert 20-20 hindsight, explained how capitalism went to hell....
Few if any of these books will be as pleasurable — and by that I mean as literate or as wickedly funny — as John Lanchester’s “I.O.U.: Why Everyone Owes Everyone and No One Can Pay.”
“I.O.U.” crosses over into black satire when Mr. Lanchester describes how bankers used their new tools to make money from poor people, the worst credit risks, by prying their cash loose through predatory lending, then pooling this money and selling it off. Who cared if these people defaulted on their mortgages? The risk had already been passed along to others, and ultimately, when banks failed, to taxpayers. Mr. Lanchester calls this “a 100 percent pure form of socialism for the rich.” [emphasis added by LawPundit for the benefit of all those honest but misguided people out there who think socialism is something going from rich to poor - not true]With steam shooting from his ears, he summarizes: “So: a huge, unregulated boom in which almost all the upside went directly into private hands, followed by a gigantic bust in which the losses were socialized. That is literally nobody’s idea of how the world is supposed to work.”
Our comment to that last paragraph is: BRILLIANT!
Read the full review here. And you might consider reading the book.
Permalink : Andis Kaulins : 1/28/2010 01:18:00 AM
LAW PUNDIT 1/28/2010 01:01:00 AM [Home]
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Banks, Bailouts, Bonuses and Bogusness: "Geithner Stands His Ground on A.I.G. Bailout Role" - NYTimes.com
Geithner Stands His Ground on A.I.G. Bailout Role - NYTimes.com
The essential question to our mind in the A.I.G. bailout is not the bailout itself - but always the essential question is - WHO has the money? or, more likely, who GOT the money ultimately?
It is on this question that Congress should concentrate - there should be laws in place requiring full disclosure of the recipients of government bailout money - these can only be institutions - and there should be draconian penalties for individuals profiting from any bailout - and this should include unconscionable bonus provisions in contracts, which should be rendered void and unenforceable by the very fact of the payment of a taxpayer-paid bailout.
We have not found anyone who can explain to us cogently why the principle of salary caps as placed on the salaries of professional athletes is not transportable to salaries and bonuses paid in business. We exclude here profits made by entrepreneurs - about which we have no quarrel - but we do have quarrel with business executives or otherwise beneficially situated persons pillaging the till under the cloak of legality.
We posted about this before at:
Economic Recovery & Executive Earnings Salaries Bonuses and Compensation: Establishing Sensible Legal Guidlelines for the Distribution of Remuneration
What Congress should do is to hold hearings on a "salary cap" law in which corporate salaries at the top are strictly bound by the productive "economic growth" of a company rather than being tied to inflationary market capitalization and to unconscionable bonus-augmented contracts. Our suggestion is that no company executive - we are not talking here about entrepreneurs - be permitted to earn more than 10 times the lowest full-time wage in the company which he runs. Now THAT would get the boys at the top on the ball to raise those salaries at the bottom. You bet.
Permalink : Andis Kaulins : 1/28/2010 01:01:00 AM
Banks, Bailouts, Bonuses and Bogusness: "Geithner Stands His Ground on A.I.G. Bailout Role" - NYTimes.com
Geithner Stands His Ground on A.I.G. Bailout Role - NYTimes.com
"WASHINGTON — In heated questioning that at times took on the air of a cross-examination, Treasury Secretary Timothy F. Geithner on Wednesday defended his role and the government’s actions in bailing out the American International Group, saying Washington did what was necessary to prevent “a second Great Depression.”"Berating Geithner gets things nowhere. He may very well be right that the financial bailout actions of the Obama administration prevented a new Great Depression that was in part caused by the irresponsible financial policies of the previous administration. But looking for scapegoats is not the essential question.
The essential question to our mind in the A.I.G. bailout is not the bailout itself - but always the essential question is - WHO has the money? or, more likely, who GOT the money ultimately?
It is on this question that Congress should concentrate - there should be laws in place requiring full disclosure of the recipients of government bailout money - these can only be institutions - and there should be draconian penalties for individuals profiting from any bailout - and this should include unconscionable bonus provisions in contracts, which should be rendered void and unenforceable by the very fact of the payment of a taxpayer-paid bailout.
We have not found anyone who can explain to us cogently why the principle of salary caps as placed on the salaries of professional athletes is not transportable to salaries and bonuses paid in business. We exclude here profits made by entrepreneurs - about which we have no quarrel - but we do have quarrel with business executives or otherwise beneficially situated persons pillaging the till under the cloak of legality.
We posted about this before at:
Economic Recovery & Executive Earnings Salaries Bonuses and Compensation: Establishing Sensible Legal Guidlelines for the Distribution of Remuneration
What Congress should do is to hold hearings on a "salary cap" law in which corporate salaries at the top are strictly bound by the productive "economic growth" of a company rather than being tied to inflationary market capitalization and to unconscionable bonus-augmented contracts. Our suggestion is that no company executive - we are not talking here about entrepreneurs - be permitted to earn more than 10 times the lowest full-time wage in the company which he runs. Now THAT would get the boys at the top on the ball to raise those salaries at the bottom. You bet.
Permalink : Andis Kaulins : 1/28/2010 01:01:00 AM
LAW PUNDIT Wednesday, January 27, 2010 1/27/2010 11:05:00 PM [Home]
[Print]
If you Recall - Federal Rules Dictated That Toyota Halt Sale of Recalled Vehicles - Wheels Blog - NYTimes.com
If you Recall ...
It's a matter of Law....
At the New York Times Wheels blog in Federal Rules Dictated That Toyota Halt Sale of Recalled Vehicles - Wheels Blog - NYTimes.com Christopher Jensen writes:
Permalink : Andis Kaulins : 1/27/2010 11:05:00 PM
If you Recall - Federal Rules Dictated That Toyota Halt Sale of Recalled Vehicles - Wheels Blog - NYTimes.com
If you Recall ...
It's a matter of Law....
At the New York Times Wheels blog in Federal Rules Dictated That Toyota Halt Sale of Recalled Vehicles - Wheels Blog - NYTimes.com Christopher Jensen writes:
"Toyota had no choice but to stop selling eight different models while it works out a way to fix what the National Highway Traffic Safety Administration has called “a dangerous accelerator pedal issue.”Read the rest here.
Under federal regulations, an automaker is not allowed to sell a vehicle with a known safety defect, said Sean Kane, the president of Safety Research and Strategies, a Massachusetts consulting firm."
Permalink : Andis Kaulins : 1/27/2010 11:05:00 PM
LAW PUNDIT Tuesday, January 26, 2010 1/26/2010 03:11:00 PM [Home]
[Print]
Protect Your Rights : Collaboration Reference Guide : Computer Arts - Strike a partnership
Protect Your Rights: Collaboration Reference Guide at the Computer Arts - Strike a partnership
Permalink : Andis Kaulins : 1/26/2010 03:11:00 PM
Protect Your Rights : Collaboration Reference Guide : Computer Arts - Strike a partnership
Protect Your Rights: Collaboration Reference Guide at the Computer Arts - Strike a partnership
"Legal expert Nicolette Hamilton has advised the AOI and worked for the Intellectual Property Office. Here's her indispensable collaboration reference guide, packed with invaluable tips and solid, professional advice for anyone about to join creative forces."
Permalink : Andis Kaulins : 1/26/2010 03:11:00 PM
LAW PUNDIT 1/26/2010 02:11:00 PM [Home]
[Print]
Legal Research Tomorrow: New Westlaw, Lexis & Bloomberg Platforms - News - Google-Izing - ABA Journal
Exclusive:
Inside the New Westlaw, Lexis & Bloomberg Platforms
- News - ABA Journal
by Jill Schachner Chanen, who writes inter alia:
Permalink : Andis Kaulins : 1/26/2010 02:11:00 PM
Legal Research Tomorrow: New Westlaw, Lexis & Bloomberg Platforms - News - Google-Izing - ABA Journal
Exclusive:
Inside the New Westlaw, Lexis & Bloomberg Platforms
- News - ABA Journal
by Jill Schachner Chanen, who writes inter alia:
"There’s a battle about to break out on your computer screen....Read the full article here.
WestlawNext, the new platform will debut February 1....
New Lexis ... is slated to roll out publicly later this year....
Bloomberg ... will introduce a revamped legal research product of its own later this year....
[and how about] GOOGLE-IZING LEGAL RESEARCH...."
Permalink : Andis Kaulins : 1/26/2010 02:11:00 PM
LAW PUNDIT 1/26/2010 03:57:00 AM [Home]
[Print]
10 Noteworthy Cyberlaw Developments of 2009
10 Noteworthy Cyberlaw Developments of 2009
by Eric Goldman
Permalink : Andis Kaulins : 1/26/2010 03:57:00 AM
10 Noteworthy Cyberlaw Developments of 2009
10 Noteworthy Cyberlaw Developments of 2009
by Eric Goldman
Permalink : Andis Kaulins : 1/26/2010 03:57:00 AM
LAW PUNDIT 1/26/2010 02:19:00 AM [Home]
[Print]
European Union - European Commission - Information Society - Latvia : Laws relating to Electronic Documents
European Union - EU - European Commission - Information Society: "Legal and Administrative Practices Regarding the Validity and Mutual Recognition of e-Documents - 17 December 2006
The study clarifies the present situation concerning the national legal and administrative practices in 32 countries (the 25 Member States, 3 EFTA countries parties to the EEA Agreement (Iceland, Liechtenstein and Norway), 2 Acceding Countries (Bulgaria and Romania) and 2 Candidate Countries (Croatia and Turkey); it assesses them comparatively and identifies the remaining legal barriers concerning the validity and mutual recognition of e-documents.
The ELDOC Study Team, consisting of K.U.Leuven-ICRI and the Belgian Law Firm Lawfort [since disbanded], have been contracted by the European Commission – DG Enterprise and Industry to perform the Legal Study N° ENTR/04/67, with a view to identifying the existing legal barriers for enterprises (“the ELDOC Study”). The first part, 32 National Reports, is an overview of the existing legal and administrative practices in the Member States, EEA countries and Candidate Countries, with regard to the treatment of electronic documents in e-Commerce transactions. The second part, a Summary final report, examines and assess these practices, identifying any remaining legal barriers to the use of such electronic documents in e-Commerce transactions, and potential solutions to any such barriers, particularly on a cross-border level."Electronic Documents Law in Latvia
(The material below is taken directly from pp. 274- 288 of ELDOC | LEGAL STUDY ON LEGAL AND ADMINISTRATIVE PRACTICES REGARDING THE VALIDITY AND MUTUAL RECOGNITION OF ELECTRONIC DOCUMENTS | D3.4 – First Interim report (country reports) July 2006 | Interim Report October 2006 Version 1.0 | Prepared for the DG [Directorate General] - Enterprise & Industry Technology for innovation / ICT industries and E-business | European Commission | Prepared by: The ELDOC Study Team, B-3000 Leuven, Belgium | Lead contractor: K.U.Leuven Research & Development, Belgium | Project manager: prof. Jos Dumortier http://www.icri.be/ | Subcontractor: Lawfort [since disbanded] – ICT Law Department, Belgium, Head: prof. Jos Dumortier http://www.lawfort.be | For further information about DG Enterprise: European Commission - Enterprise and Industry DG, Information and Documentation Centre, BREY 5/150, B - 1049 Brussels, Fax: +32 (0)2 296 99 30, Website http://www.eu.int/comm/dgs/enterprise/index_en.htm).
Note by LawPundit: In this posting we convert part of the EU document referenced above to an online text format in order to make it more easily searchable than the original .pdf and this includes putting the relevant footnotes at the end.
***** the document excerpt (pp. 274-288) starts here *****
Latvia National Profile
A. General legal profile
Latvia (the Republic of Latvia) is a unitary parliamentary republic. According to the constitution881 Latvia is composed of four regions – Kurzeme, Zemgale, Vidzeme and Latgale. There are two territorial levels of local administration – local government - in Latvia. There were a total of 563 local governments on January, 2005:
eCommerce is also regulated at the central level, through a number of specific laws adopted by the Parliament884 and regulations of the Cabinet of Ministers885. On lower administrative level, the municipalities may adopt binding regulations886, but only within the competence specified by Municipality Law.887 Regulations on commercial transactions do not fall within this competence.
Disputes regarding commercial relations are typically dealt by the regular courts. For matters with a financial value of LVL 30 000 or less – by the district (city) courts888; or by regional courts889 for matters of higher value. Appeals against the decisions of the district (city) courts can be lodged with the regional court, and against the decisions of the regional courts with the Chamber of Civil Cases of the Supreme Court890. The Senate of the Supreme Court891 is a revision instance, which only hears points of law. The Latvian system of jurisprudence does not have any binding power of precedent, although the decisions of the Senate of the Supreme Court are authoritative and should be taken into account by the courts of lower instances.
B. eCommerce regulations
Many questions regarding the validity and recognition of electronic documents must be answered based on doctrine, and the interpretation of legislation does not always provide a clear answer. Moreover, to the best of our knowledge, the court practice with respect to these issues is not well developed. In this section, the Latvian laws and doctrine regarding the legal value of electronic documents are briefly commented.
B.1 eCommerce contract law
B.1.1. General principles
Generally, the Latvian legal system envisages that in case of commercial contracts the formation and proof should be more flexible than for other civil contracts. However, both civil and commercial contracts are regulated by the Civil Code, as the Code of Commerce does not contain separate rules for the conclusion of commercial transactions. The assessment that the formation of the commercial contracts is more flexible can nevertheless be derived from certain rules of the Code of Commerce, which reflect the purpose of ensuring smooth functioning of commercial market.
For example, one of the basic issues for every contract is that it shall be concluded between parties or their duly authorized representatives. According to the Civil Code, if the representative of the party did not have the necessary authority, the contract is binding only to the representative, not to the party itself.892 On the other hand, the Code of Commerce provides that all contracts concluded by a legal representative of the merchant who is registered as legal representative with the Commercial Register, shall be presumed binding to the merchant itself, as the limitations of the representation rights of the legal representatives are not valid with respect to the third parties.893 Also, even if the representative is not legally registered with the Commercial Register, but is otherwise authorized to pursue commercial activities on behalf of the merchant (e.g., sales representatives, commercial agents, shop assistants, etc.), it is presumed that the contracts concluded by them within the normal course of commercial activities are binding to the merchant.894
This flexibility is rooted in the basic principles of the contract law of Latvia, which is more based on the principle of autonomy of will, and not on formal requirements. The Civil Code provides that the form of a legal transaction depends on the discretion of parties, except the cases directly indicated in the law. The parties may conclude an agreement orally or in a written form, invite witnesses, as well as involve a notary.895 The main principle is the will of the parties to become bound by the contract. The will of the parties is crucial also in cases where the law requires a certain form. The Senate of the Supreme Court has recognized that even if there are formal defects, the court should always assess their significance and the real intention of the parties. If the intention of the party may be proved by other means, the defect of form cannot constitute the base for a total invalidity of the contract. Thus a non-observance of formal requirements doesn’t always result in the nullity of the transaction.896
A legal definition of an electronic document is provided in the Electronic Documents Law897. Article 1 of the Electronic Documents Law states: “an electronic document - any electronically created, stored, sent or received data, which ensures the possibility to use it for the performance of any action, for the use and protection of any rights.”
Generally, the validity of electronic documents in contract law is recognised by the law: the Electronic Documents Law envisages that an electronic document is legal evidence and there should be no restrictions for submitting an electronic document as evidence to the competent authority based on the fact that the document is electronic or that it lacks a secure electronic signature.898
The Electronic Documents Law distinguishes between an “electronic signature” and a “secure electronic signature”. An electronic signature is characterized as electronic data, attached to the electronic document or logically associated with this document, which ensure the authenticity of the document and confirm the identity of the signatory.899 A secure electronic signature is such electronic signature, which confirms to all of the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means of creating a secure electronic signature that the signatory can maintain under his sole control;
(d) it is linked to the signed electronic document in such a manner that any subsequent change of the document is detectable;
(e) it is confirmed with a qualified certificate.900
It should be stressed that at the moment of drafting this report, the secure electronic signature has not been introduced in practice, as there are no providers of certification services, nor a system for issuing qualified certificates.
The Electronic Documents Law also says that if there is a requirement in law for a written form, then the electronic document fulfils this requirement only if it has the electronic signature and if the electronic document confirms to other requirements stipulated by law. The Electronic Documents Law does not specify what these “other requirements” might entail.
It may be assumed that these “other requirements” should be assessed on case-to-case basis, taking into account the specific legal relationship and the laws regulating it. For example, the Civil Procedure Law901 stipulates that the arbitration clause shall be concluded in writing, and it specifies that it is deemed that the agreement is made in writing, if it is made by exchange of letters, fax messages, telegrams, or by using other telecommunication means, which ensure that the will of the parties to refer the dispute to arbitration is fixed.902 An electronic document should fall within the ambit of other telecommunication means, thus this requirement for a written form is rather flexible.
Nevertheless, taking into account that the Electronic Documents Law uses the notion of the “document”, a reference may be made to the requirements stipulated by Regulations on Drafting and Processing Documents903, which apply to any documents issued, received or stored by any person. These regulations state that the document has a legal force if inter alia it has been signed.904 As the Electronic Documents Law does not regulate the requirements for the general legal force of the electronic documents, the necessity of the existence of signature is applicable also to electronic documents: an electronic document is deemed to be signed by the individual only if it has a secure electronic signature.905 An alternative: the parties have agreed that the document may be signed by an electronic signature (in such a case this agreement must be written on paper and signed or, if in electronic form, confirmed by a secure electronic signature).906 Consequently, a full legal validity may be achieved only by a secure electronic signature or by a relevant agreement of the parties to use and mutually recognize other mode of electronic authentication.
In addition, although generally the Latvian legal system provides contractual freedom by allowing the parties to conclude agreements on which form they wish, there are cases envisaged by the law where a specific form is required and its non-observance makes the transaction invalid. As stated in the legal doctrine, a certain form may be necessary either due to the contents of the act (corpus) or due to ensuring the evidence (onus probandi).907 For example, if the law requests that the agreement must be concluded at the public notary, then an agreement ignoring this requirement is void. 908
Notwithstanding the mandatory requirements, otherwise the Latvian laws allow the parties to agree upon the form of their contracts to be legally binding.909 This applies to all types of contracts. The parties are free to choose the form, unless it is already stipulated by mandatory requirements of the law. For electronic documents, the consensus of both parties is not a precondition if the document has a secure electronic signature: in such cases one party may not refuse to accept it. However, if the document does not have a secure electronic signature, its validity is subject to the agreement of the parties.910 The special exceptions with respect to the transactions which may not be concluded in electronic form are included in the Electronic Documents Law (for a detailed description see section B.1.2. below). Latvian laws do not directly regulate the sending of electronic notifications instead of paper documents. However, it should be noted that the Civil Code does not require a paper form for the notifications. The form of the notification depends on the substantial transaction to which this notification is related. If the notification is related to an already concluded contract (e.g., a notification on termination of the contract), then it normally shall be made in the same form as the contract itself: according to the Senate of the Supreme Court, the rule “from the larger to the smaller” shall be applied, i.e., if the contract itself was concluded in a written form, also all notifications in relation to it shall have the same form.911 So, electronic notifications are allowed if the contract itself was concluded either in an electronic form or orally. Also, in case of written contract, an electronic notification having an electronic signature should be deemed as valid, unless the law or the contract requires the signing of such notification.
Electronic notifications without a secure electronic signatures are allowed if the parties agree to it or if the law or the transaction itself did not require a signed document (e.g., when agreeing on using arbitration, the Civil Procedure Law allows a notification by “other telecommunication means”, which should include an electronic notification912). In case the parties are not in contractual relations yet, e.g., when accepting an offer, the form of such notification would depend on the form of the offer: if the offer does not require any specific form for its acceptance, it may also be given electronically. Additionally, special requirements for sending electronic notifications within the realm of information society services are stipulated by the Law on Information Society Services.913
The Latvian legal system has not implemented a framework for sending electronic registered mail. The sending of electronic mail is regulated only with respect to the communication within state and municipal institutions and between such institutions and private parties.914 The regulations provide that the electronic documents shall be circulated by use of electronic mail, special online forms, or 3,5” floppy disks. If the document has been sent by electronic mail or by special online forms, it is deemed that the addressee has received it within two business days after its sending. In case of dispute, the institution has the burden to prove that the document has been sent.
With respect to electronic archiving, the Electronic Documents Law provides that generally electronic documents shall be archived in the same cases and order as paper documents. These rules do not apply to the electronic archiving of paper documents, for which there is no special regulation. For the archiving of electronic documents, the following special requirements are applicable: the possibility to use the data shall be ensured; storage is done in the original form; and the stored data allows to determine the origin or destination of the document, the time of its sending or reception.915 Also, there are special rules for transferring the electronic documents for archiving to the State archive.916 The regulations apply to state and municipal institutions and to those private legal entities who have the duty to transfer their documents for storage to the State archive. The state and municipal institutions are also required to draft internal instructions on circulation of electronic documents, including their storage.917
B.1.2. Transposition of the eCommerce directive
The eCommerce directive has been transposed in Latvian legislation through the Electronic Documents Law and by the Law on Information Society Services.
The transposition applies only to information society services. The law does not apply to areas governed by laws on personal data protection and on gambling services where a monetary award may be gained.918
Article 9 of the Directive (formal requirements in an electronic context) is not transposed by the Law on Information Society Services. Instead, it is transposed by the Electronic Documents Law: Article 3, parts 4 and 6 reflect the provisions of the Directive, Article 9, parts 1 and 2 respectively. Thus the Electronic Documents Law provides that generally contracts may be concluded by electronic means and that such contracts may not be deprived of legal effectiveness and validity on account of their having been made by electronic means.
Also, Latvian legislators have used the discretion provided by Part 2 of Article 9 of the Directive to exclude the application of the general validity of electronic documents to specific categories of contracts. The following categories of contracts shall be concluded on a written (paper) form and may not be carried out by electronic documents: (1) agreements by which the rights to real estate are created or transferred (except lease rights); (2) agreements, which according to law are invalid if not approved as requested by law (usually by the public notary); (3) guarantee agreements and security of pledge, if such guarantees or securities are given by persons acting in the realm not connected with their profession, business, or trade; (4) transactions within the area of family and inheritance law – for example, marriage contracts, testaments, inheritance agreements, etc.).919
The specific requirements for the use of electronic signatures are also provided by the Electronic Documents Law. The law distinguishes between regular electronic signatures and secure electronic signatures. An electronic signature is defined as electronic data attached to the electronic document or logically connected with this document and which ensures the authenticity of the electronic document and confirms the identity of the signing person. A secure electronic signature is such electronic signature, (i) which is linked only to the signing person, which ensures the identification of the signing person; (ii) which is created by a secure means of creating the electronic signature, (iii) which are under the sole control of the signing person, (iv) which is connected with the signed electronic document in such a way that later amendments to this document would be noticeable, and (v) which is approved by a qualified certificate. Full recognition is given only to electronic documents signed by a secure electronic signature: a document is deemed to be individually signed if it has a secure electronic signature. Alternatively, the parties may agree in writing (within the traditional (hand written) sense, or this writing is confirmed by the secure electronic signature) that they deem the electronic document to be individually signed even if it has a nonsecure electronic signature.
B.2 Administrative documents
The Electronic Documents Law applies also to the use of electronic documents in administrative procedures. This process is regulated in more detail by Regulations of the Cabinet of Ministers No.473 of 28 June 2005 entitled “Order of drafting, forming, storing and circulation of electronic documents in state and municipal institutions and order how the circulation of electronic documents within state and municipal institutions or between these institutions and natural or legal persons takes place”.920
These rules aim towards providing a general legal framework for electronic communication with public administrations, as well as mandates the acceptance of electronic documents by public institutions as of 1 January 2004.921
The scope of regulation is broad: it applies to all state and municipal institutions. It should be noted, however, that in practice the regulations are not functioning, since at the moment of drafting this report a secure electronic signature has not yet been introduced. The institutions interpret their obligation to accept electronic documents in such a way that they would have to accept only documents with a secure electronic signature. This is based on the presumed lack of legal force of documents without a secure electronic signature, as according to Regulations on Drafting and Processing of Documents the signature is a necessary component for the legal force of the document.
Another possibility is to agree on the acceptance of electronic documents. So far, the State Revenue Service has taken up an initiative to conclude such agreements with taxpayers, enabling them to file the tax reports as electronic documents.922
Certain other institutions have introduced electronic filing of documents, however, mostly subject to further confirmation in paper form.923
C. Specific business processes
In this section of the study, we will take a closer look at certain sections of the applicable Latvian legislation and legal and administrative practice. Specific examples of common document types will be examined to assess the validity and recognition of their electronic counterparts.
The section below is organised according to four stages in the electronic provision of goods on the European market. They comprise the credit arrangements, transportation and storage, cross border trade formalities and financial/fiscal management. As a preliminary note it should be pointed out that there is practically no local court practice with respect to the use of electronic documents in the areas described above. In addition, the use of electronic documents in these business processes is not very common, as it is hindered by the incapability to apply a secure electronic signature.
C.1 Credit arrangements: Bills of exchange and documentary credit
Taking into account that the respective laws were adopted in the first part of the last century, as well as the fact that their renewal in 1992 took place without any substantial amendments to the text, a literal and historical interpretation of their wording excludes the use of electronic documents. However, the laws should be interpreted in accordance with the system of laws currently in place, also taking into account the purposes of the regulation. Thus, if the necessary requirement of the bill of exchange is the signature of the issuer, the Electronic Documents Law may be applied, which states that the document is deemed to be individually signed, if it has a secure electronic signature. Consequently, the cheques and bills of exchange should be deemed valid if they have a secure electronic signature.
On the other hand, certain wordings of the law make its application difficult for electronic document, as they presume the use of the paper. E.g., it is stated that the endorsement shall be written on the bill of exchange or on the page attached to it.925 Also, some sections envisage the striking out of certain sections or writing across an already written text. Problems might occur also with respect to the originality of the bill. Normally, a paper bill of exchange is a single unique document (or several identical documents), signed by the issuer. Any copies must be clearly designed as such and duly numbered.926 In case of electronic documents, it remains to be solved how the authenticity of the original bill is ensured. Nevertheless, the use of paper is nowhere explicitly requested, thus a teleological interpretation of the law should allow the use of electronic documents, with a condition that a secure electronic signature is included.
It should be noted that there is no explicit regulation how electronic bills of exchange should be formed and used, nor are the criteria for their validity clear.
In broad terms, the documentary credit would fall under the guarantee under the Civil Code. According to the Civil Code, a guarantee is a duty undertaken by an agreement to be liable to the creditor for the debt of the third party, however, not liberating the latter from its debt.927 With respect to the formal requirements, the guarantee needs to be in a written form.928 According to the Electronic Documents Law, the requirement to have a written form is fulfilled if the electronic document has an electronic signature (not necessarily a secure electronic signature). In addition, the practice of issuing documentary credits largely follows the Uniform Customs and Practice for Documentary Credits (UCC-500), created by International Chamber of Commerce. Banks usually give a reference to these customs in their rules on issuing documentary credits.929
As there is no detailed regulation, the parties have a significant freedom to agree on the practical organization of the documentary credit. They may agree to present certain document in an electronic form. In practice, however, the filing of applications for documentary credits and presentation of documents takes place on paper form. The banks request that the applications are signed by the authorized representatives of the person applying for documentary credit. As there is no secure electronic signature, the signature on a paper document presents the only possibility. Alternatively, several banks allow a possibility to fill in the applications for several types of credit electronically, if the person is already a bank client and has received the necessary password for the use of internet banking. Nevertheless, a secure electronic signature should present a workable solution.
C.2 Transportation of goods: Bills of Lading and Storage agreements
The use of bills of lading for maritime transport is governed by the Maritime Code.930 The Maritime Code provides the mandatory details to be included in the bill of lading. There are no special requirements as to the form of the bill, however, it is indicated that it shall be signed by the shipmaster or a person authorized by the carrier.
There are no explicit regulations with respect to the use of electronic documents. However, as there is a requirement for signing, it may be derived that electronic documents may be allowed only if signed by a secure electronic signature. When using electronic documents, it would be crucial to designate the original bill of lading, as only the presentation of the original entitles the holder to receive the goods.
With respect to storage contracts evidenced by the use of International Federation of Freight Forwarders Associations (FIATA) documents, such as FCR (Forwarders Certificate of Receipt) and FWR (FIATA Warehouse Receipt)932, it should be noted that it is crucial to distinguish between the original document and its copies. Thus, in case of using electronic documents, the authenticity of the original shall be clearly designated (e.g., by a secure electronic signature).
C.3 Cross border trade formalities: customs declarations
According to recently adopted regulations, it is possible to file customs declarations in an electronic form.933 The regulation codifies two earlier instructions of the State Revenue Service of 28 October 2004 On Permissions to Declare Goods Electronically and instruction of 28 April 2004 On certification of declaring persons.934
The regulations state that the State Revenue Service shall ensure the possibility to file custom declarations in electronic form. The person wishing to do the electronic declaration shall receive a relevant permit from the State Revenue Service. Upon issuing the permit, the State Revenue Service also grants a user name and password, which shall further on be used for electronic declaring. The State Revenue Service decides on issuing the permit within 30 days after reception of the application and accompanying documents.
C.4 Financial/fiscal management: electronic invoicing and accounting
The VAT law does not explicitly require that the invoice should be signed, thus formally complying with the provision of the eInvoicing directive that the member states shall not request the signature on the invoice. However, it should be noted that the VAT law states that the VAT invoice is a document.937 Consequently, the requirements of the Regulations on Drafting and Processing of Documents can be applied, inter alia, the stipulation that the legal force of the document is ensured only by its signing. Therefore an electronic invoice might be issued only with a secure electronic signature.
If corroborative documents are prepared with computers, the signatures of persons responsible for the performance of the economic transactions and correctness of information may be replaced by their electronic confirmation (authorisation). The procedures for electronic confirmation (authorisation) at an enterprise shall be determined by the manager of the enterprise. Electronic confirmation (authorisation) of external documents may be utilised only if the parties to the transaction have mutually agreed upon the procedures by which an electronic exchange of corroborative documents shall be performed and upon the procedures for electronic confirmation (authorisation).939
Thus, generally it is possible use fully electronic accounting, if the all of the above conditions are observed.
It should be noted that the Latvian laws require a deposit of the company’s annual account with the competent authority (the Company Register).940 The law does not contain an explicit provision that the annual account shall be drafted and submitted in a paper form, however, it provides that the annual account shall be duly signed by the legal representatives of the company.941 The law provides that the documents may be submitted to the Company Register electronically, if they are accompanied by a written confirmation that the submitted documents are identical to the originals.942 As soon as a secure electronic signature is introduced, there should be no legal obstacle to submit the annual account fully in an electronic form.
D. General assessment
D.1 Characteristics of Latvian eCommerce Law
881 Satversme
882 The Civil Code (Civillikums), adopted on 28.01.1937, legal force renewed on 01.09.1992 (introduction part, property law, and inheritance law), on 01.03.1993 (contract law), and on 01.09.1993 (family law).
883 The Code of Commerce (Komerclikums), adopted on 13.04.2000, in force from 01.01.2002.
884 Saeima
885 Ministru Kabineta noteikumi
886 Pašvaldību saistošie noteikumi
887 The Municipality Law (Par pašvaldībām), adopted on 19.05.1994, in force from 09.06.1994.
888 Rajona (pilsētas) tiesa
889 Apgabaltiesa
890 Augstākās tiesas Civillietu tiesu palāta
891 Augstākās tiesas Senāts
892 Article 1518 of the Civil Code.
893 Article 223, part 3 (regarding Management Board members in private limited liability companies); Article 303, part 3 (regarding Management Board members in public limited liability companies); Article 92, part 2 (regarding legal representatives of general and limited partnerships); Article 36, part 1 (regarding procuration holders).
894 Articles 40 to 42 of the Code of Commerce.
895 Articles 1473 and 1474 of the Civil Code.
896 Judgment of the Senate of the Supreme Court Department of Civil Cases in case No.SKC-304, 3 November 2004.
897 Electronic Documents Law (Elektronisko dokumentu likums), adopted on 20.11.2002, in force from 01.01.2003. This law implements the Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (hereinafter: eSignature directive) and partly also the Directive 2000/31/EC of the European Parliament and of the Council of 8 July 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (hereinafter: eCommerce directive).
898 Article 3, part 4 of the Electronic Documents Law.
899 Article 1, paragraph 4 of the Electronic Documents Law. The definition is substantially similar to definition included in eSignature Directive, Article 2, paragraph 1.
900 Article 1, paragraph 2 of the Electronic Documents Law. Sections (a) to (d) substantially quote the relevant provisions of the eSignature Directive, Article 2, paragraph 2.
901 The Civil Procedure Law (Civilprocesa likums), adopted 14.10.1998, in force from 1.03.1999.
902 The Civil Procedure Law, Article 492, part 2.
903 Regulations No.154 of the Cabinet of Ministers of 23.04.1996. “Regulations on Drafting and Processing of Documents” (Dokumentu izstrādāšanas un noformēšanas noteikumi).
904 Paragraph 18 of the Regulations on Drafting and Processing of Documents.
905 Article 3, part 2 of the Electronic Documents Law.
906 Ibid.
907 Sinaiskis V. “Latvijas Civiltiesību apskats. Lietu tiesības. Saistību tiesības” (Overview of Latvian Civil laws. Property law. Contract law), Rīga: 1996., p.125.
908 Article 1486 of the Civil Code.
909 Article 1473 of the Civil Code.
910 Article 3, part 2 of the Electronic Documents Law.
911 Judgment of the Senate of the Supreme Court Department of Civil Cases in case No.SKC-223, 25 April 2001; also in case No.SKC-441, 22 September 2002.
912 See above, footnote 14 [.pdf document online].
913 Law on Information Society Services (Informācijas sabiedrības pakalpojumu likums), adopted on 4.11.2004, in force since 01.12.2004.
914 Regulations of the Cabinet of Ministers No.473 of 28 June 2005 “Order of drafting, forming, storing and circulation of electronic documents in state and municipal institutions and the order how the circulation of electronic documents within state and municipal institutions or between these institutions and natural or legal persons takes place” (Elektronisko dokumentu izstrādāšanas, noformēšanas, glabāšanas un aprites kārtība valsts un pašvaldību iestādēs un kārtība, kādā notiek elektronisko dokumentu aprite starp valsts un pašvaldību iestādēm vai starp šīm iestādēm un fiziskajām vai juridiskajām personām).
915 Article 7 of Electronic Documents Law.
916 Regulations of the Cabinet of Ministers No.117 of 02.03.2004 “Regulations on way of assessment, order of storage and transfer for storage to state archive” (Noteikumi par elektronisko dokumentu izvērtēšanas veidu saglabāšanas kārtību un nodošanu valsts arhīvam glabāšanā).
917 Article 6, part 4 of Electronic Documents Law.
918 Article 2, part 2 of Law on Information Society Services.
919 Article 3, part 6 of the Electronic Documents Law.
920 See footnote 26 above [.pdf document online].
921 Paragraph 1 of the Transition Terms of Electronic Documents Law.
922 On 24.03.2006. came force a State Revenue Service instruction No.1 of 13.03.2006. "Agreement on the signing of electronic documents with the electronic signature by using the services of the electronic reporting system of State Revenue Service and the ensuring of these services”. According to this instruction the State Revenue Service is entitled to conclude agreements with tax payers on the signing of electronic documents with the electronic signatures. The tax payers who have concluded this agreement may file their tax reports in an electronic form and do not have to submit them on paper anymore.
923 Bureau of Tender supervision allows to apply for publishing of tender announcements electronically. However, the applications are reviewed only after a printed application form with regular signature is received.
924 The Law on Cheques (Čeku likums), adopted 27.09.1938; The Law on Bills of Exchange (Vekseļu likums), adopted 27.09.1938; the force of both laws renewed on 01.10.1992.
925 Article 13 of the Law on Bills of Exchange; Article 16 of the Law on Cheques.
926 Articles 64 to 67 of the Law on Bills of Exchange; Article 49 of the Law on Cheques.
927 Article 1692 of the Civil Code.
928 Article 1695 of the Civil Code.
929 E.g., General Terms and Conditions for Issuance of Letters of Credit of Nordea Bank Plc. Latvia branch (http://www.nordea.lv/sitemod/default/index.aspx?pid=69282).
930 The Law Shipping Code (Jūras kodekss), adopted on 29.05.2003, in force since 01.08.2003.
931 Article 1968 of the Civil Code.
932 More information available in www.fiata.com. FIATA documents are commonly used in freight forwarding, including the storage of goods.
933 Regulations of the Cabinet of Ministers No.999 of 27.12.2005 “The Order how the permits for submitting custom declarations in electronic form shall be issued” (Kārtība, kādā izsniedzamas atļaujas muitas deklarāciju iesniegšanai elektroniskā veidā).
934 Instructions No.1808 of the State Revenue Service of 28 October 2004 On Permissions to Declare the Goods Electronically (Par atļaujām deklarēt preces elektroniski) and instruction No.664 of 28 April 2004 On certification of declaring persons (Par deklarētāju sertifikāciju).
935 Directive 2001/115/EC amending Directive 77/388/EEC with a view to simplifying, modernising and harmonising the conditions laid down for invoicing in respect of value added tax.
936 Law on Value Added Tax, adopted on 9.03.1995, in force from 01.05.1995; Regulations of the Cabinet of Ministers No.339 of 25.06.2003. “Regulations on the strict recording waybills-invoices” (Noteikumi par stingrās uzskaites preču pavadzīmēm-rēķiniem).
937 Article 8, Section 5.1.
938 Law On Accounting (Par grāmatvedību), adopted 14.10.1992.
939 Article 7 of the Law on Accounting.
940 Law on the Annual Accounts, adopted 14.10.1992.
941 Article 61 of the Law on the Annual Accounts.
942 Article 66 of the Law on the Annual Accounts.
943 See footnote 26 above [.pdf document online].
944 See footnote 28 above [.pdf document online].
945 Regulations No.357 of the Cabinet of Ministers of 01.07.2003 “Regulations on the information to be indicated in the security description of information systems, equipment, and procedures of provision of certification services” (Noteikumi par sertifikācijas pakalpojumu sniegšanas informācijas sistēmu, iekārtu un procedūru drošības aprakstā norādāmo informāciju).
946 Regulations No.358 of the Cabinet of Ministers of 01.07.2003 “Regulations on the order and terms of the security examinations of information systems, equipment, and procedures of provision of certification services” (Sertifikācijas pakalpojumu sniegšanas informācijas sistēmu, iekārtu un procedūru drošības pārbaudes kārtība un termiņi).
947 Regulations No.267 of the Cabinet of Ministers of 19.04.2005 “Regulations on the minimum amount of civil insurance of a reliable provider of certification services” (Noteikumi par uzticama sertifikācijas pakalpojumu sniedzēja civiltiesiskās atbildības minimālo apdrošināšanas summu).
948 Regulations No.514 of the Cabinet of Ministers of 12.07.2005. “Regulations on technical and organisational requirements to which a qualified certificate and a reliable provider of certification services shall confirm, on secure tools for creating a secure electronic signature, as well as on order how a secure electronic signature shall be verified (Noteikumi par tehniskajām un organizatoriskajām prasībām, kādām atbilst kvalificēts sertifikāts, uzticams sertifikācijas pakalpojumu sniedzējs, droši elektroniskā paraksta radīšanas līdzekļi, kā arī kārtību, kādā veicama droša elektroniskā paraksta verificēšana).
949 Approved by the Cabinet of Ministers on 14 June 2005, protocol No.35 30.§.
950 Approved by the Direction of the Cabinet of Ministers No.714.
951 Press release of 27.04.2006, available at www.eparvalde.lv.
Permalink : Andis Kaulins : 1/26/2010 02:19:00 AM
European Union - European Commission - Information Society - Latvia : Laws relating to Electronic Documents
European Union - EU - European Commission - Information Society: "Legal and Administrative Practices Regarding the Validity and Mutual Recognition of e-Documents - 17 December 2006
The study clarifies the present situation concerning the national legal and administrative practices in 32 countries (the 25 Member States, 3 EFTA countries parties to the EEA Agreement (Iceland, Liechtenstein and Norway), 2 Acceding Countries (Bulgaria and Romania) and 2 Candidate Countries (Croatia and Turkey); it assesses them comparatively and identifies the remaining legal barriers concerning the validity and mutual recognition of e-documents.
The ELDOC Study Team, consisting of K.U.Leuven-ICRI and the Belgian Law Firm Lawfort [since disbanded], have been contracted by the European Commission – DG Enterprise and Industry to perform the Legal Study N° ENTR/04/67, with a view to identifying the existing legal barriers for enterprises (“the ELDOC Study”). The first part, 32 National Reports, is an overview of the existing legal and administrative practices in the Member States, EEA countries and Candidate Countries, with regard to the treatment of electronic documents in e-Commerce transactions. The second part, a Summary final report, examines and assess these practices, identifying any remaining legal barriers to the use of such electronic documents in e-Commerce transactions, and potential solutions to any such barriers, particularly on a cross-border level."Electronic Documents Law in Latvia
(The material below is taken directly from pp. 274- 288 of ELDOC | LEGAL STUDY ON LEGAL AND ADMINISTRATIVE PRACTICES REGARDING THE VALIDITY AND MUTUAL RECOGNITION OF ELECTRONIC DOCUMENTS | D3.4 – First Interim report (country reports) July 2006 | Interim Report October 2006 Version 1.0 | Prepared for the DG [Directorate General] - Enterprise & Industry Technology for innovation / ICT industries and E-business | European Commission | Prepared by: The ELDOC Study Team, B-3000 Leuven, Belgium | Lead contractor: K.U.Leuven Research & Development, Belgium | Project manager: prof. Jos Dumortier http://www.icri.be/ | Subcontractor: Lawfort [since disbanded] – ICT Law Department, Belgium, Head: prof. Jos Dumortier http://www.lawfort.be | For further information about DG Enterprise: European Commission - Enterprise and Industry DG, Information and Documentation Centre, BREY 5/150, B - 1049 Brussels, Fax: +32 (0)2 296 99 30, Website http://www.eu.int/comm/dgs/enterprise/index_en.htm).
Note by LawPundit: In this posting we convert part of the EU document referenced above to an online text format in order to make it more easily searchable than the original .pdf and this includes putting the relevant footnotes at the end.
***** the document excerpt (pp. 274-288) starts here *****
Latvia National Profile
A. General legal profile
Latvia (the Republic of Latvia) is a unitary parliamentary republic. According to the constitution881 Latvia is composed of four regions – Kurzeme, Zemgale, Vidzeme and Latgale. There are two territorial levels of local administration – local government - in Latvia. There were a total of 563 local governments on January, 2005:
(1) 530 municipalities (7 republican cities and 53 towns, 444 parishes, 26 amalgamated local municipalities) perform in local or first territorial level;Commerce and contract law is a central matter, which is generally incorporated into the Civil Code882 and the Code of Commerce883, both of which largely follow Roman Civil Code and German legal traditions.
(2) 33 municipalities (26 counties and 7 republican cities) perform in regional or second territorial level.
eCommerce is also regulated at the central level, through a number of specific laws adopted by the Parliament884 and regulations of the Cabinet of Ministers885. On lower administrative level, the municipalities may adopt binding regulations886, but only within the competence specified by Municipality Law.887 Regulations on commercial transactions do not fall within this competence.
Disputes regarding commercial relations are typically dealt by the regular courts. For matters with a financial value of LVL 30 000 or less – by the district (city) courts888; or by regional courts889 for matters of higher value. Appeals against the decisions of the district (city) courts can be lodged with the regional court, and against the decisions of the regional courts with the Chamber of Civil Cases of the Supreme Court890. The Senate of the Supreme Court891 is a revision instance, which only hears points of law. The Latvian system of jurisprudence does not have any binding power of precedent, although the decisions of the Senate of the Supreme Court are authoritative and should be taken into account by the courts of lower instances.
B. eCommerce regulations
Many questions regarding the validity and recognition of electronic documents must be answered based on doctrine, and the interpretation of legislation does not always provide a clear answer. Moreover, to the best of our knowledge, the court practice with respect to these issues is not well developed. In this section, the Latvian laws and doctrine regarding the legal value of electronic documents are briefly commented.
B.1 eCommerce contract law
B.1.1. General principles
Generally, the Latvian legal system envisages that in case of commercial contracts the formation and proof should be more flexible than for other civil contracts. However, both civil and commercial contracts are regulated by the Civil Code, as the Code of Commerce does not contain separate rules for the conclusion of commercial transactions. The assessment that the formation of the commercial contracts is more flexible can nevertheless be derived from certain rules of the Code of Commerce, which reflect the purpose of ensuring smooth functioning of commercial market.
For example, one of the basic issues for every contract is that it shall be concluded between parties or their duly authorized representatives. According to the Civil Code, if the representative of the party did not have the necessary authority, the contract is binding only to the representative, not to the party itself.892 On the other hand, the Code of Commerce provides that all contracts concluded by a legal representative of the merchant who is registered as legal representative with the Commercial Register, shall be presumed binding to the merchant itself, as the limitations of the representation rights of the legal representatives are not valid with respect to the third parties.893 Also, even if the representative is not legally registered with the Commercial Register, but is otherwise authorized to pursue commercial activities on behalf of the merchant (e.g., sales representatives, commercial agents, shop assistants, etc.), it is presumed that the contracts concluded by them within the normal course of commercial activities are binding to the merchant.894
This flexibility is rooted in the basic principles of the contract law of Latvia, which is more based on the principle of autonomy of will, and not on formal requirements. The Civil Code provides that the form of a legal transaction depends on the discretion of parties, except the cases directly indicated in the law. The parties may conclude an agreement orally or in a written form, invite witnesses, as well as involve a notary.895 The main principle is the will of the parties to become bound by the contract. The will of the parties is crucial also in cases where the law requires a certain form. The Senate of the Supreme Court has recognized that even if there are formal defects, the court should always assess their significance and the real intention of the parties. If the intention of the party may be proved by other means, the defect of form cannot constitute the base for a total invalidity of the contract. Thus a non-observance of formal requirements doesn’t always result in the nullity of the transaction.896
A legal definition of an electronic document is provided in the Electronic Documents Law897. Article 1 of the Electronic Documents Law states: “an electronic document - any electronically created, stored, sent or received data, which ensures the possibility to use it for the performance of any action, for the use and protection of any rights.”
Generally, the validity of electronic documents in contract law is recognised by the law: the Electronic Documents Law envisages that an electronic document is legal evidence and there should be no restrictions for submitting an electronic document as evidence to the competent authority based on the fact that the document is electronic or that it lacks a secure electronic signature.898
The Electronic Documents Law distinguishes between an “electronic signature” and a “secure electronic signature”. An electronic signature is characterized as electronic data, attached to the electronic document or logically associated with this document, which ensure the authenticity of the document and confirm the identity of the signatory.899 A secure electronic signature is such electronic signature, which confirms to all of the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means of creating a secure electronic signature that the signatory can maintain under his sole control;
(d) it is linked to the signed electronic document in such a manner that any subsequent change of the document is detectable;
(e) it is confirmed with a qualified certificate.900
It should be stressed that at the moment of drafting this report, the secure electronic signature has not been introduced in practice, as there are no providers of certification services, nor a system for issuing qualified certificates.
The Electronic Documents Law also says that if there is a requirement in law for a written form, then the electronic document fulfils this requirement only if it has the electronic signature and if the electronic document confirms to other requirements stipulated by law. The Electronic Documents Law does not specify what these “other requirements” might entail.
It may be assumed that these “other requirements” should be assessed on case-to-case basis, taking into account the specific legal relationship and the laws regulating it. For example, the Civil Procedure Law901 stipulates that the arbitration clause shall be concluded in writing, and it specifies that it is deemed that the agreement is made in writing, if it is made by exchange of letters, fax messages, telegrams, or by using other telecommunication means, which ensure that the will of the parties to refer the dispute to arbitration is fixed.902 An electronic document should fall within the ambit of other telecommunication means, thus this requirement for a written form is rather flexible.
Nevertheless, taking into account that the Electronic Documents Law uses the notion of the “document”, a reference may be made to the requirements stipulated by Regulations on Drafting and Processing Documents903, which apply to any documents issued, received or stored by any person. These regulations state that the document has a legal force if inter alia it has been signed.904 As the Electronic Documents Law does not regulate the requirements for the general legal force of the electronic documents, the necessity of the existence of signature is applicable also to electronic documents: an electronic document is deemed to be signed by the individual only if it has a secure electronic signature.905 An alternative: the parties have agreed that the document may be signed by an electronic signature (in such a case this agreement must be written on paper and signed or, if in electronic form, confirmed by a secure electronic signature).906 Consequently, a full legal validity may be achieved only by a secure electronic signature or by a relevant agreement of the parties to use and mutually recognize other mode of electronic authentication.
In addition, although generally the Latvian legal system provides contractual freedom by allowing the parties to conclude agreements on which form they wish, there are cases envisaged by the law where a specific form is required and its non-observance makes the transaction invalid. As stated in the legal doctrine, a certain form may be necessary either due to the contents of the act (corpus) or due to ensuring the evidence (onus probandi).907 For example, if the law requests that the agreement must be concluded at the public notary, then an agreement ignoring this requirement is void. 908
Notwithstanding the mandatory requirements, otherwise the Latvian laws allow the parties to agree upon the form of their contracts to be legally binding.909 This applies to all types of contracts. The parties are free to choose the form, unless it is already stipulated by mandatory requirements of the law. For electronic documents, the consensus of both parties is not a precondition if the document has a secure electronic signature: in such cases one party may not refuse to accept it. However, if the document does not have a secure electronic signature, its validity is subject to the agreement of the parties.910 The special exceptions with respect to the transactions which may not be concluded in electronic form are included in the Electronic Documents Law (for a detailed description see section B.1.2. below). Latvian laws do not directly regulate the sending of electronic notifications instead of paper documents. However, it should be noted that the Civil Code does not require a paper form for the notifications. The form of the notification depends on the substantial transaction to which this notification is related. If the notification is related to an already concluded contract (e.g., a notification on termination of the contract), then it normally shall be made in the same form as the contract itself: according to the Senate of the Supreme Court, the rule “from the larger to the smaller” shall be applied, i.e., if the contract itself was concluded in a written form, also all notifications in relation to it shall have the same form.911 So, electronic notifications are allowed if the contract itself was concluded either in an electronic form or orally. Also, in case of written contract, an electronic notification having an electronic signature should be deemed as valid, unless the law or the contract requires the signing of such notification.
Electronic notifications without a secure electronic signatures are allowed if the parties agree to it or if the law or the transaction itself did not require a signed document (e.g., when agreeing on using arbitration, the Civil Procedure Law allows a notification by “other telecommunication means”, which should include an electronic notification912). In case the parties are not in contractual relations yet, e.g., when accepting an offer, the form of such notification would depend on the form of the offer: if the offer does not require any specific form for its acceptance, it may also be given electronically. Additionally, special requirements for sending electronic notifications within the realm of information society services are stipulated by the Law on Information Society Services.913
The Latvian legal system has not implemented a framework for sending electronic registered mail. The sending of electronic mail is regulated only with respect to the communication within state and municipal institutions and between such institutions and private parties.914 The regulations provide that the electronic documents shall be circulated by use of electronic mail, special online forms, or 3,5” floppy disks. If the document has been sent by electronic mail or by special online forms, it is deemed that the addressee has received it within two business days after its sending. In case of dispute, the institution has the burden to prove that the document has been sent.
With respect to electronic archiving, the Electronic Documents Law provides that generally electronic documents shall be archived in the same cases and order as paper documents. These rules do not apply to the electronic archiving of paper documents, for which there is no special regulation. For the archiving of electronic documents, the following special requirements are applicable: the possibility to use the data shall be ensured; storage is done in the original form; and the stored data allows to determine the origin or destination of the document, the time of its sending or reception.915 Also, there are special rules for transferring the electronic documents for archiving to the State archive.916 The regulations apply to state and municipal institutions and to those private legal entities who have the duty to transfer their documents for storage to the State archive. The state and municipal institutions are also required to draft internal instructions on circulation of electronic documents, including their storage.917
B.1.2. Transposition of the eCommerce directive
The eCommerce directive has been transposed in Latvian legislation through the Electronic Documents Law and by the Law on Information Society Services.
The transposition applies only to information society services. The law does not apply to areas governed by laws on personal data protection and on gambling services where a monetary award may be gained.918
Article 9 of the Directive (formal requirements in an electronic context) is not transposed by the Law on Information Society Services. Instead, it is transposed by the Electronic Documents Law: Article 3, parts 4 and 6 reflect the provisions of the Directive, Article 9, parts 1 and 2 respectively. Thus the Electronic Documents Law provides that generally contracts may be concluded by electronic means and that such contracts may not be deprived of legal effectiveness and validity on account of their having been made by electronic means.
Also, Latvian legislators have used the discretion provided by Part 2 of Article 9 of the Directive to exclude the application of the general validity of electronic documents to specific categories of contracts. The following categories of contracts shall be concluded on a written (paper) form and may not be carried out by electronic documents: (1) agreements by which the rights to real estate are created or transferred (except lease rights); (2) agreements, which according to law are invalid if not approved as requested by law (usually by the public notary); (3) guarantee agreements and security of pledge, if such guarantees or securities are given by persons acting in the realm not connected with their profession, business, or trade; (4) transactions within the area of family and inheritance law – for example, marriage contracts, testaments, inheritance agreements, etc.).919
The specific requirements for the use of electronic signatures are also provided by the Electronic Documents Law. The law distinguishes between regular electronic signatures and secure electronic signatures. An electronic signature is defined as electronic data attached to the electronic document or logically connected with this document and which ensures the authenticity of the electronic document and confirms the identity of the signing person. A secure electronic signature is such electronic signature, (i) which is linked only to the signing person, which ensures the identification of the signing person; (ii) which is created by a secure means of creating the electronic signature, (iii) which are under the sole control of the signing person, (iv) which is connected with the signed electronic document in such a way that later amendments to this document would be noticeable, and (v) which is approved by a qualified certificate. Full recognition is given only to electronic documents signed by a secure electronic signature: a document is deemed to be individually signed if it has a secure electronic signature. Alternatively, the parties may agree in writing (within the traditional (hand written) sense, or this writing is confirmed by the secure electronic signature) that they deem the electronic document to be individually signed even if it has a nonsecure electronic signature.
B.2 Administrative documents
The Electronic Documents Law applies also to the use of electronic documents in administrative procedures. This process is regulated in more detail by Regulations of the Cabinet of Ministers No.473 of 28 June 2005 entitled “Order of drafting, forming, storing and circulation of electronic documents in state and municipal institutions and order how the circulation of electronic documents within state and municipal institutions or between these institutions and natural or legal persons takes place”.920
These rules aim towards providing a general legal framework for electronic communication with public administrations, as well as mandates the acceptance of electronic documents by public institutions as of 1 January 2004.921
The scope of regulation is broad: it applies to all state and municipal institutions. It should be noted, however, that in practice the regulations are not functioning, since at the moment of drafting this report a secure electronic signature has not yet been introduced. The institutions interpret their obligation to accept electronic documents in such a way that they would have to accept only documents with a secure electronic signature. This is based on the presumed lack of legal force of documents without a secure electronic signature, as according to Regulations on Drafting and Processing of Documents the signature is a necessary component for the legal force of the document.
Another possibility is to agree on the acceptance of electronic documents. So far, the State Revenue Service has taken up an initiative to conclude such agreements with taxpayers, enabling them to file the tax reports as electronic documents.922
Certain other institutions have introduced electronic filing of documents, however, mostly subject to further confirmation in paper form.923
C. Specific business processes
In this section of the study, we will take a closer look at certain sections of the applicable Latvian legislation and legal and administrative practice. Specific examples of common document types will be examined to assess the validity and recognition of their electronic counterparts.
The section below is organised according to four stages in the electronic provision of goods on the European market. They comprise the credit arrangements, transportation and storage, cross border trade formalities and financial/fiscal management. As a preliminary note it should be pointed out that there is practically no local court practice with respect to the use of electronic documents in the areas described above. In addition, the use of electronic documents in these business processes is not very common, as it is hindered by the incapability to apply a secure electronic signature.
C.1 Credit arrangements: Bills of exchange and documentary credit
C.1.1. Bills of exchangeBills of exchange are governed by two rather old laws, both adopted in 1938.924 The laws do not contain a definition of a cheque or a bill of exchange, however, they list the necessary components. One of the necessary components is the signature of the issuer. If there is no signature, the bill of exchange is not valid.
Taking into account that the respective laws were adopted in the first part of the last century, as well as the fact that their renewal in 1992 took place without any substantial amendments to the text, a literal and historical interpretation of their wording excludes the use of electronic documents. However, the laws should be interpreted in accordance with the system of laws currently in place, also taking into account the purposes of the regulation. Thus, if the necessary requirement of the bill of exchange is the signature of the issuer, the Electronic Documents Law may be applied, which states that the document is deemed to be individually signed, if it has a secure electronic signature. Consequently, the cheques and bills of exchange should be deemed valid if they have a secure electronic signature.
On the other hand, certain wordings of the law make its application difficult for electronic document, as they presume the use of the paper. E.g., it is stated that the endorsement shall be written on the bill of exchange or on the page attached to it.925 Also, some sections envisage the striking out of certain sections or writing across an already written text. Problems might occur also with respect to the originality of the bill. Normally, a paper bill of exchange is a single unique document (or several identical documents), signed by the issuer. Any copies must be clearly designed as such and duly numbered.926 In case of electronic documents, it remains to be solved how the authenticity of the original bill is ensured. Nevertheless, the use of paper is nowhere explicitly requested, thus a teleological interpretation of the law should allow the use of electronic documents, with a condition that a secure electronic signature is included.
It should be noted that there is no explicit regulation how electronic bills of exchange should be formed and used, nor are the criteria for their validity clear.
C.1.2. Documentary creditThere is no specific legal regulation for documentary credits in Latvia. Thus the documentary credit is largely subject to the general rules of the contract law. Consequently, there is also no specific legal framework for electronic documentary credit agreements.
In broad terms, the documentary credit would fall under the guarantee under the Civil Code. According to the Civil Code, a guarantee is a duty undertaken by an agreement to be liable to the creditor for the debt of the third party, however, not liberating the latter from its debt.927 With respect to the formal requirements, the guarantee needs to be in a written form.928 According to the Electronic Documents Law, the requirement to have a written form is fulfilled if the electronic document has an electronic signature (not necessarily a secure electronic signature). In addition, the practice of issuing documentary credits largely follows the Uniform Customs and Practice for Documentary Credits (UCC-500), created by International Chamber of Commerce. Banks usually give a reference to these customs in their rules on issuing documentary credits.929
As there is no detailed regulation, the parties have a significant freedom to agree on the practical organization of the documentary credit. They may agree to present certain document in an electronic form. In practice, however, the filing of applications for documentary credits and presentation of documents takes place on paper form. The banks request that the applications are signed by the authorized representatives of the person applying for documentary credit. As there is no secure electronic signature, the signature on a paper document presents the only possibility. Alternatively, several banks allow a possibility to fill in the applications for several types of credit electronically, if the person is already a bank client and has received the necessary password for the use of internet banking. Nevertheless, a secure electronic signature should present a workable solution.
C.2 Transportation of goods: Bills of Lading and Storage agreements
C.2.1. Bills of ladingA bill of lading is a document issued by the carrier of goods to the sender and confirming that the goods are received for transportation and the carrier’s commitment to transport them. It is issued by the carrier at the sender’s request. The holder of the bill of lading is entitled to receive the goods upon arrival at their final destination.
The use of bills of lading for maritime transport is governed by the Maritime Code.930 The Maritime Code provides the mandatory details to be included in the bill of lading. There are no special requirements as to the form of the bill, however, it is indicated that it shall be signed by the shipmaster or a person authorized by the carrier.
There are no explicit regulations with respect to the use of electronic documents. However, as there is a requirement for signing, it may be derived that electronic documents may be allowed only if signed by a secure electronic signature. When using electronic documents, it would be crucial to designate the original bill of lading, as only the presentation of the original entitles the holder to receive the goods.
C.2.1. Storage contractsA storage contract is generally governed by the Civil Code. Within the understanding of the Civil Code, by the storage contract the custodian undertakes to store a movable property, which has been entrusted to him.931 A storage contract is a real contract, which means that the contract comes into force only when the relevant property has been transferred to the custodian. The law does not contain any requirements in which the contract on storage terms should be concluded, so the terms may be agreed in any form, including electronically. In any case, the agreement will come into force only after the property to be stored will have been transferred physically to the storage by the custodian.
With respect to storage contracts evidenced by the use of International Federation of Freight Forwarders Associations (FIATA) documents, such as FCR (Forwarders Certificate of Receipt) and FWR (FIATA Warehouse Receipt)932, it should be noted that it is crucial to distinguish between the original document and its copies. Thus, in case of using electronic documents, the authenticity of the original shall be clearly designated (e.g., by a secure electronic signature).
C.3 Cross border trade formalities: customs declarations
According to recently adopted regulations, it is possible to file customs declarations in an electronic form.933 The regulation codifies two earlier instructions of the State Revenue Service of 28 October 2004 On Permissions to Declare Goods Electronically and instruction of 28 April 2004 On certification of declaring persons.934
The regulations state that the State Revenue Service shall ensure the possibility to file custom declarations in electronic form. The person wishing to do the electronic declaration shall receive a relevant permit from the State Revenue Service. Upon issuing the permit, the State Revenue Service also grants a user name and password, which shall further on be used for electronic declaring. The State Revenue Service decides on issuing the permit within 30 days after reception of the application and accompanying documents.
C.4 Financial/fiscal management: electronic invoicing and accounting
C.4.1. Electronic invoicingThe eInvoicing Directive935 has been transposed in Latvian laws by various amendments to VAT laws, as well as related regulations.936 However, none of the amendments address specifically the issuing of electronic invoicing. Consequently, there is no explicit authorization for the use of electronic invoices. There are also no provisions for the storage or archiving of electronic invoices.
The VAT law does not explicitly require that the invoice should be signed, thus formally complying with the provision of the eInvoicing directive that the member states shall not request the signature on the invoice. However, it should be noted that the VAT law states that the VAT invoice is a document.937 Consequently, the requirements of the Regulations on Drafting and Processing of Documents can be applied, inter alia, the stipulation that the legal force of the document is ensured only by its signing. Therefore an electronic invoice might be issued only with a secure electronic signature.
C.4.2. Electronic accountingThe accounting procedures are governed by the Law On Accounting.938 The law generally allows to carry out the accounting in electronic form, but with a rather broad condition that the requirements of this law may not be violated. Specifically, entries in the accounting registers shall be timely, complete, precise and systematically arranged. Entries, the content or quantifiers of which differ from corroborative documents, shall not be allowed. If entries in the accounting registers or documents are amended, their initial content shall be visible, and each correction shall be justified and confirmed with a signature. Corrections may not be made in such a manner that it is not comprehensible when and why such have been made. Furthermore, representation of the data in a form legible to third persons, and provision of their printout, if necessary, shall be ensured.
If corroborative documents are prepared with computers, the signatures of persons responsible for the performance of the economic transactions and correctness of information may be replaced by their electronic confirmation (authorisation). The procedures for electronic confirmation (authorisation) at an enterprise shall be determined by the manager of the enterprise. Electronic confirmation (authorisation) of external documents may be utilised only if the parties to the transaction have mutually agreed upon the procedures by which an electronic exchange of corroborative documents shall be performed and upon the procedures for electronic confirmation (authorisation).939
Thus, generally it is possible use fully electronic accounting, if the all of the above conditions are observed.
It should be noted that the Latvian laws require a deposit of the company’s annual account with the competent authority (the Company Register).940 The law does not contain an explicit provision that the annual account shall be drafted and submitted in a paper form, however, it provides that the annual account shall be duly signed by the legal representatives of the company.941 The law provides that the documents may be submitted to the Company Register electronically, if they are accompanied by a written confirmation that the submitted documents are identical to the originals.942 As soon as a secure electronic signature is introduced, there should be no legal obstacle to submit the annual account fully in an electronic form.
D. General assessment
D.1 Characteristics of Latvian eCommerce Law
- Latvian eCommerce Law is based largely on the laws transposing the relevant EU directives: the eCommerce Directive and the eSignature Directive. In broad terms, Latvia has adopted the general legal framework for enabling the functioning of eCommerce. The main legal act ensuring this is the Electronic Documents Law, which introduces notions of electronic documents, electronic signature, secure electronic signature, certification services, and which also establishes the validity of electronic documents and their legal equivalence to traditional documents. However, the practical functioning of eCommerce is currently impeded due to the lack of infrastructure for activities of certification services providers and for creating secure electronic signatures.
The Electronic Documents Law is the lex specialis for eCommerce, while the Civil Code still has to be applied as the general law. The Civil Code is quite flexible with respect to the formal requirements of the documents, and its principal aim is to ensure the autonomy of will of the parties. - Following the Electronic Documents Law a range of secondary legal acts have also been adopted, governing specific issues in relation to circulation of electronic documents, the technical requirements, requirements for providers of certification services, etc. The following regulations are adopted on basis of the Electronic Documents Law: regulations on the use of electronic documents in state and municipal institutions943; regulations on storing and archiving944; regulations on information to be indicated in the description of systems of certification services945; regulations for order and terms of examination of systems of certification services946; regulations on minimum insurance of providers of certification services947; regulations on technical and organizational requirements for qualified certificate948.
- The content issues of eCommerce are governed also by the Law on Information Society Services, which largely copies the provisions of the eCommerce Directive.
- In fact, there are no substantial legal barriers to eBusiness, as the necessary legal acts have been adopted.
- However, the most important barrier is that so far these legal acts have not been implemented in practice, as the possibility to create a secure electronic signature has not been ensured. There is no system for issuing qualified certificates and there are no certification service providers.
Consequently, electronic commerce and business cannot be carried out in practice, as according to Electronic Documents Law the document is deemed to be individually signed only if it has a secure electronic signature. As lots of documents involved in commercial transactions need to be individually signed (e.g., documents to be submitted to public institutions), the lack of secure electronic signature forces the use of the traditional paper form. Moreover, the general regulations for the legal validity of any documents require the signature as a necessary precondition for legal enforceability.
It is to be hoped that the problem of the lack of the necessary structure for a secure electronic signature will soon be solved. On 15 June 2005 the Republic of Latvia entered into an agreement with SIA Lattelekom (largest fixed telephony operator controlled by state with 51% shares) and VAS Latvijas Pasts (fully state owned postal services provider) by which it is agreed that Latvijas Pasts will become a reliable provider of certification services, and Lattelekom will be a technological partner, ensuring the necessary infrastructure and services.949 o On 7 November 2005 the Cabinet of Ministers approved a Concept on Choice of the Carrier of Secure Electronic Signatures and Introduction of Secure Electronic Signatures. By this concept it is envisaged that the device for carrying the secure electronic signature shall be a smart card.950 According to the Ministry for Special Assignments for Electronic Government Affairs, the secure electronic signature should be introduced by September 2006.951
- As described above, the flexibility with respect to the formal requirements of documents and the party autonomy principle are the key factors for enabling the functioning of eBusiness. Also, the Electronic Documents Law presents a workable framework for use of the electronic documents by establishing criteria according to which the traditional requirements may be fulfilled in electronic form, such as substitution criteria for individual signatures and for stamping requirements. Thus, as soon as there is be a practical possibility to use a secure electronic signature, there should be no significant legal obstacles to eBusiness.
- On the other hand, it also cannot be excluded that a practical and more common use of electronic documents (including use of secure electronic signatures) may reveal additional impediments in the form of wording of certain legal acts (e.g., implication of the use of paper, requesting certain procedures presumed to be performed in paper form, etc.).
- Nevertheless, such problems may be solved by systemic and teleological interpretation of such laws and by adopting a flexible approach to formal requirements. Within eCommerce as in the business in general the intention of the parties is the key factor, and this may be derived also from electronic documents, if their authenticity and originality is ensured.
- eBusiness would be substantially encouraged if there would be a relevant court practice confirming the correctness of the above described understanding and interpretation of applicable laws, however, according to our best knowledge, currently there is little or no such practice.
881 Satversme
882 The Civil Code (Civillikums), adopted on 28.01.1937, legal force renewed on 01.09.1992 (introduction part, property law, and inheritance law), on 01.03.1993 (contract law), and on 01.09.1993 (family law).
883 The Code of Commerce (Komerclikums), adopted on 13.04.2000, in force from 01.01.2002.
884 Saeima
885 Ministru Kabineta noteikumi
886 Pašvaldību saistošie noteikumi
887 The Municipality Law (Par pašvaldībām), adopted on 19.05.1994, in force from 09.06.1994.
888 Rajona (pilsētas) tiesa
889 Apgabaltiesa
890 Augstākās tiesas Civillietu tiesu palāta
891 Augstākās tiesas Senāts
892 Article 1518 of the Civil Code.
893 Article 223, part 3 (regarding Management Board members in private limited liability companies); Article 303, part 3 (regarding Management Board members in public limited liability companies); Article 92, part 2 (regarding legal representatives of general and limited partnerships); Article 36, part 1 (regarding procuration holders).
894 Articles 40 to 42 of the Code of Commerce.
895 Articles 1473 and 1474 of the Civil Code.
896 Judgment of the Senate of the Supreme Court Department of Civil Cases in case No.SKC-304, 3 November 2004.
897 Electronic Documents Law (Elektronisko dokumentu likums), adopted on 20.11.2002, in force from 01.01.2003. This law implements the Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (hereinafter: eSignature directive) and partly also the Directive 2000/31/EC of the European Parliament and of the Council of 8 July 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (hereinafter: eCommerce directive).
898 Article 3, part 4 of the Electronic Documents Law.
899 Article 1, paragraph 4 of the Electronic Documents Law. The definition is substantially similar to definition included in eSignature Directive, Article 2, paragraph 1.
900 Article 1, paragraph 2 of the Electronic Documents Law. Sections (a) to (d) substantially quote the relevant provisions of the eSignature Directive, Article 2, paragraph 2.
901 The Civil Procedure Law (Civilprocesa likums), adopted 14.10.1998, in force from 1.03.1999.
902 The Civil Procedure Law, Article 492, part 2.
903 Regulations No.154 of the Cabinet of Ministers of 23.04.1996. “Regulations on Drafting and Processing of Documents” (Dokumentu izstrādāšanas un noformēšanas noteikumi).
904 Paragraph 18 of the Regulations on Drafting and Processing of Documents.
905 Article 3, part 2 of the Electronic Documents Law.
906 Ibid.
907 Sinaiskis V. “Latvijas Civiltiesību apskats. Lietu tiesības. Saistību tiesības” (Overview of Latvian Civil laws. Property law. Contract law), Rīga: 1996., p.125.
908 Article 1486 of the Civil Code.
909 Article 1473 of the Civil Code.
910 Article 3, part 2 of the Electronic Documents Law.
911 Judgment of the Senate of the Supreme Court Department of Civil Cases in case No.SKC-223, 25 April 2001; also in case No.SKC-441, 22 September 2002.
912 See above, footnote 14 [.pdf document online].
913 Law on Information Society Services (Informācijas sabiedrības pakalpojumu likums), adopted on 4.11.2004, in force since 01.12.2004.
914 Regulations of the Cabinet of Ministers No.473 of 28 June 2005 “Order of drafting, forming, storing and circulation of electronic documents in state and municipal institutions and the order how the circulation of electronic documents within state and municipal institutions or between these institutions and natural or legal persons takes place” (Elektronisko dokumentu izstrādāšanas, noformēšanas, glabāšanas un aprites kārtība valsts un pašvaldību iestādēs un kārtība, kādā notiek elektronisko dokumentu aprite starp valsts un pašvaldību iestādēm vai starp šīm iestādēm un fiziskajām vai juridiskajām personām).
915 Article 7 of Electronic Documents Law.
916 Regulations of the Cabinet of Ministers No.117 of 02.03.2004 “Regulations on way of assessment, order of storage and transfer for storage to state archive” (Noteikumi par elektronisko dokumentu izvērtēšanas veidu saglabāšanas kārtību un nodošanu valsts arhīvam glabāšanā).
917 Article 6, part 4 of Electronic Documents Law.
918 Article 2, part 2 of Law on Information Society Services.
919 Article 3, part 6 of the Electronic Documents Law.
920 See footnote 26 above [.pdf document online].
921 Paragraph 1 of the Transition Terms of Electronic Documents Law.
922 On 24.03.2006. came force a State Revenue Service instruction No.1 of 13.03.2006. "Agreement on the signing of electronic documents with the electronic signature by using the services of the electronic reporting system of State Revenue Service and the ensuring of these services”. According to this instruction the State Revenue Service is entitled to conclude agreements with tax payers on the signing of electronic documents with the electronic signatures. The tax payers who have concluded this agreement may file their tax reports in an electronic form and do not have to submit them on paper anymore.
923 Bureau of Tender supervision allows to apply for publishing of tender announcements electronically. However, the applications are reviewed only after a printed application form with regular signature is received.
924 The Law on Cheques (Čeku likums), adopted 27.09.1938; The Law on Bills of Exchange (Vekseļu likums), adopted 27.09.1938; the force of both laws renewed on 01.10.1992.
925 Article 13 of the Law on Bills of Exchange; Article 16 of the Law on Cheques.
926 Articles 64 to 67 of the Law on Bills of Exchange; Article 49 of the Law on Cheques.
927 Article 1692 of the Civil Code.
928 Article 1695 of the Civil Code.
929 E.g., General Terms and Conditions for Issuance of Letters of Credit of Nordea Bank Plc. Latvia branch (http://www.nordea.lv/sitemod/default/index.aspx?pid=69282).
930 The Law Shipping Code (Jūras kodekss), adopted on 29.05.2003, in force since 01.08.2003.
931 Article 1968 of the Civil Code.
932 More information available in www.fiata.com. FIATA documents are commonly used in freight forwarding, including the storage of goods.
933 Regulations of the Cabinet of Ministers No.999 of 27.12.2005 “The Order how the permits for submitting custom declarations in electronic form shall be issued” (Kārtība, kādā izsniedzamas atļaujas muitas deklarāciju iesniegšanai elektroniskā veidā).
934 Instructions No.1808 of the State Revenue Service of 28 October 2004 On Permissions to Declare the Goods Electronically (Par atļaujām deklarēt preces elektroniski) and instruction No.664 of 28 April 2004 On certification of declaring persons (Par deklarētāju sertifikāciju).
935 Directive 2001/115/EC amending Directive 77/388/EEC with a view to simplifying, modernising and harmonising the conditions laid down for invoicing in respect of value added tax.
936 Law on Value Added Tax, adopted on 9.03.1995, in force from 01.05.1995; Regulations of the Cabinet of Ministers No.339 of 25.06.2003. “Regulations on the strict recording waybills-invoices” (Noteikumi par stingrās uzskaites preču pavadzīmēm-rēķiniem).
937 Article 8, Section 5.1.
938 Law On Accounting (Par grāmatvedību), adopted 14.10.1992.
939 Article 7 of the Law on Accounting.
940 Law on the Annual Accounts, adopted 14.10.1992.
941 Article 61 of the Law on the Annual Accounts.
942 Article 66 of the Law on the Annual Accounts.
943 See footnote 26 above [.pdf document online].
944 See footnote 28 above [.pdf document online].
945 Regulations No.357 of the Cabinet of Ministers of 01.07.2003 “Regulations on the information to be indicated in the security description of information systems, equipment, and procedures of provision of certification services” (Noteikumi par sertifikācijas pakalpojumu sniegšanas informācijas sistēmu, iekārtu un procedūru drošības aprakstā norādāmo informāciju).
946 Regulations No.358 of the Cabinet of Ministers of 01.07.2003 “Regulations on the order and terms of the security examinations of information systems, equipment, and procedures of provision of certification services” (Sertifikācijas pakalpojumu sniegšanas informācijas sistēmu, iekārtu un procedūru drošības pārbaudes kārtība un termiņi).
947 Regulations No.267 of the Cabinet of Ministers of 19.04.2005 “Regulations on the minimum amount of civil insurance of a reliable provider of certification services” (Noteikumi par uzticama sertifikācijas pakalpojumu sniedzēja civiltiesiskās atbildības minimālo apdrošināšanas summu).
948 Regulations No.514 of the Cabinet of Ministers of 12.07.2005. “Regulations on technical and organisational requirements to which a qualified certificate and a reliable provider of certification services shall confirm, on secure tools for creating a secure electronic signature, as well as on order how a secure electronic signature shall be verified (Noteikumi par tehniskajām un organizatoriskajām prasībām, kādām atbilst kvalificēts sertifikāts, uzticams sertifikācijas pakalpojumu sniedzējs, droši elektroniskā paraksta radīšanas līdzekļi, kā arī kārtību, kādā veicama droša elektroniskā paraksta verificēšana).
949 Approved by the Cabinet of Ministers on 14 June 2005, protocol No.35 30.§.
950 Approved by the Direction of the Cabinet of Ministers No.714.
951 Press release of 27.04.2006, available at www.eparvalde.lv.
Permalink : Andis Kaulins : 1/26/2010 02:19:00 AM
LAW PUNDIT Monday, January 25, 2010 1/25/2010 11:11:00 PM [Home]
[Print]
Clorox: Attorney to Oversee Social-Media Programs - Advertising Age - Digital
Clorox: Attorney to Oversee Social-Media Programs - Advertising Age - Digital
Marketer's Move Seen as Testament to Importance of Twitter and Facebook
by Jack Neff
Permalink : Andis Kaulins : 1/25/2010 11:11:00 PM
Clorox: Attorney to Oversee Social-Media Programs - Advertising Age - Digital
Clorox: Attorney to Oversee Social-Media Programs - Advertising Age - Digital
Marketer's Move Seen as Testament to Importance of Twitter and Facebook
by Jack Neff
Permalink : Andis Kaulins : 1/25/2010 11:11:00 PM
LAW PUNDIT 1/25/2010 10:21:00 PM [Home]
[Print]
Quo vadis South Asia ? Himal Southasian presents "Macaulay's Stepchildren" by Anjum Altaf : Indian & Pakistani Education and their Colonial Aspects
Quo vadis Southasia? Read:
Himal Southasian/Macaulay's stepchildren
by Anjum Altaf
We have excerpted a few paragraphs from this extremely interesting piece:
Permalink : Andis Kaulins : 1/25/2010 10:21:00 PM
Quo vadis South Asia ? Himal Southasian presents "Macaulay's Stepchildren" by Anjum Altaf : Indian & Pakistani Education and their Colonial Aspects
Quo vadis Southasia? Read:
Himal Southasian/Macaulay's stepchildren
by Anjum Altaf
We have excerpted a few paragraphs from this extremely interesting piece:
"The colonial decision to utilise English in higher education was not one man’s decision – and its legacy is far more complex than generally understood.Read the full article here.
Thomas Babington Macaulay, commonly known as Lord Macaulay, is widely recognised yet inadequately understood in Southasia. While the legacy of his ‘decisions’ is correctly criticised, that criticism is often for the wrong reasons. Macaulay served on the Supreme Council of India from 1834 until 1838, during which time he sided with Governor-General William Bentinck in the adoption of English as the medium of instruction from the sixth standard onwards. Today, he is castigated for his infamous comment:
We must at present do our best to form a class who may be interpreters between us and the millions whom we govern – a class of persons Indian in blood and colour, but English in tastes, in opinions, in morals and in intellect.
This single sentence bears the burden of all the subsequent problems with education in India....
Two other intellectual trends need to be mentioned because they undoubtedly had a bearing on colonial thinking. Macaulay (1800-59) followed the economist Adam Smith (1723-90), whose very influential text The Wealth of Nations was published in 1776, and the philosopher Jeremy Bentham (1748-1832), whose equally influential treatise on utilitarianism came out in 1781. Bentham’s influence can be seen directly in the recommendation of James Mill, an employee of the East India Company. In a dispatch on behalf of the directors in 1824, Mill criticised the GCPI policy of working through the classical Indian languages, arguing that the “great end should not have been to teach Hindoo learning or Mohamedan learning, but useful learning.” The purpose of education would certainly have been in Macaulay’s mind during his reflections on colonial policy....
Pakistan and India have diverged in significant ways since 1947. In Pakistan, the ideological imperatives of the two-nation theory (and the subsequent attempt to transplant its cultural roots to Arabia) succeeded in destroying even elite education, while also radicalising a significant proportion of the country’s population. India has suffered largely from the benign neglect of mass education. Thus, while Pakistan has spiralled into a ‘failing’ state with an empty mind and lethal limbs, India has been described as a ‘flailing’ state, in which its very capable head remains poorly connected with woefully weak arms and legs. In both countries, Macaulay’s children continue to deny the place of education as a basic human right, the primary purpose of which is to enable all citizens to think independently for themselves."
Permalink : Andis Kaulins : 1/25/2010 10:21:00 PM
LAW PUNDIT Sunday, January 24, 2010 1/24/2010 11:54:00 PM [Home]
[Print]
Money is not Speech : The Volokh Conspiracy Calls the Legal & Political Community to Order on US Supreme Court Corporate Free Speech Decision
(reposted due to an initial glitch at Blogger)
Eugene Volokh at The Volokh Conspiracy writes:
The entire purpose of the restrictions on corporate political speech - which now have been rightly struck down - was in fact precisely and intentionally to restrict the exercise of free speech by certain groups of people, acting in association. That may be seen by many to be a laudable motive - but most certainly not one foreseen by the U.S. Constitution, nor is there - to our knowledge - any probative empirical evidence that restricting corporate free speech has helped the country in any quantifiably identifiable way, or - conversely - that permitting corporate free speech will harm the country in any quantifiably identifiable way, but that too, of course, is also not a Constitutional test.
As for those who fear a "corruption" of American democracy by corporate campaign spending, it must be noted that the corruption laws remain unchanged and that it is as illegal to buy a vote today as it was yesterday - and yet votes are bought every day - in one way or another, without ever a penny directly changing hands. Some candidates campaign under the slogan that taxes will be increased, while others campaign under the slogan that taxes will be decreased, and many voters take the lure on both sides of the political lake.
Permalink : Andis Kaulins : 1/24/2010 11:54:00 PM
Money is not Speech : The Volokh Conspiracy Calls the Legal & Political Community to Order on US Supreme Court Corporate Free Speech Decision
(reposted due to an initial glitch at Blogger)
Eugene Volokh at The Volokh Conspiracy writes:
"The problem with restrictions on independent spending on campaign speech — a problem recognized by Justices Brennan and Marshall and not just by today’s conservatives (though Brennan and Marshall would have allowed more such restrictions than today’s conservatives do) — isn’t that money is speech. It’s that restricting the use of money to speak, like restricting the use of air travel or computers to speak, interferes with people’s ability to speak. One can debate whether this interference is justified. But mocking the pro-constitutional-protection position as resting on the notion that “money is speech” strikes me as quite mistaken."We agree.
The entire purpose of the restrictions on corporate political speech - which now have been rightly struck down - was in fact precisely and intentionally to restrict the exercise of free speech by certain groups of people, acting in association. That may be seen by many to be a laudable motive - but most certainly not one foreseen by the U.S. Constitution, nor is there - to our knowledge - any probative empirical evidence that restricting corporate free speech has helped the country in any quantifiably identifiable way, or - conversely - that permitting corporate free speech will harm the country in any quantifiably identifiable way, but that too, of course, is also not a Constitutional test.
As for those who fear a "corruption" of American democracy by corporate campaign spending, it must be noted that the corruption laws remain unchanged and that it is as illegal to buy a vote today as it was yesterday - and yet votes are bought every day - in one way or another, without ever a penny directly changing hands. Some candidates campaign under the slogan that taxes will be increased, while others campaign under the slogan that taxes will be decreased, and many voters take the lure on both sides of the political lake.
Permalink : Andis Kaulins : 1/24/2010 11:54:00 PM
LAW PUNDIT 1/24/2010 01:29:00 AM [Home]
[Print]
Yeager and Other Letters Re Liberty article "Libertarianism and Intellectual Property" - Stephan Kinsella - Mises Economics Blog
Yeager and Other Letters Re Liberty article "Libertarianism and Intellectual Property" - Stephan Kinsella - Mises Economics Blog
Permalink : Andis Kaulins : 1/24/2010 01:29:00 AM
Yeager and Other Letters Re Liberty article "Libertarianism and Intellectual Property" - Stephan Kinsella - Mises Economics Blog
Yeager and Other Letters Re Liberty article "Libertarianism and Intellectual Property" - Stephan Kinsella - Mises Economics Blog
Permalink : Andis Kaulins : 1/24/2010 01:29:00 AM
LAW PUNDIT 1/24/2010 01:22:00 AM [Home]
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The Harvard Law School Forum on Corporate Governance and Financial Regulation » Governance Problems in Closely-Held Corporations
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Governance Problems in Closely-Held Corporations
Permalink : Andis Kaulins : 1/24/2010 01:22:00 AM
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Governance Problems in Closely-Held Corporations
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Governance Problems in Closely-Held Corporations
Permalink : Andis Kaulins : 1/24/2010 01:22:00 AM
LAW PUNDIT 1/24/2010 01:21:00 AM [Home]
[Print]
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Compensation in the Financial Industry
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Compensation in the Financial Industry
Permalink : Andis Kaulins : 1/24/2010 01:21:00 AM
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Compensation in the Financial Industry
The Harvard Law School Forum on Corporate Governance and Financial Regulation » Compensation in the Financial Industry
Permalink : Andis Kaulins : 1/24/2010 01:21:00 AM
LAW PUNDIT Saturday, January 23, 2010 1/23/2010 01:09:00 AM [Home]
[Print]
Europe vs. the USA : A European Economic Model? — Crooked Timber on Manzi : BloggingHeads : Henry Farrell & Daniel Drezner discuss Cohen & DeLong
Is There an European Economic Model? - Crooked Timber comments on Manzi's article - referenced in our previous posting and at Blogging Heads Henry Farrell and Daniel Drezner discuss Stephen Cohen and Brad DeLong's The End of Influence (of the United States) .
Read the whole thing at Crooked Timber after you view the video above.
Our own take here is that each of these commentators presents some aspects of the truth, but seem in their analysis to bypass the major issue, which in our eyes is the power that is held - or not - by those wielding military power and/or controlling vital natural resources - or not - on our planet, a state of facts which has little to do with any economic system per se.
The demise of the United States economically has been in progress for 40 years, ever since U.S. oil production peaked in the year 1970. As we wrote in Oil & Gas Cartels and American Inertia on Energy Issues : Major Culprits for the Current Economic Situation in the World? :
Most of the "haves" on this planet - i.e. those who have something worth protecting - realize full well that without the presence of formidable US military might - which enables America to quasi function as the world's policeman - the world economic and political structure would be in great danger of falling to the chaos sought by the outlaws. That is not in the interest of anyone, except for the bandits. You show me a weak America and I will show you a world of the future which consists of war, slavery, religious superstition, famine and pestilence, nothing more.
We all can readily see that the philosophies of the religious fanatics or those of rogue or tyrannical nations take paths which lead us all into chains. America wields its influence because its political philosophy promises and promotes personal freedom - albeit with various degrees of success and not without serious mistakes. On the other hand, the alternative solutions are consistent in their promise of slavery - political, economic and religious subservience. All the rogue nations are evidence of that. That dichotomy is the key confrontation in the world today.
As far as actual "economies" are concerned, the "European" economy is not that different from the US economy in principle but would of course look somewhat different if Europeans had to rely on themselves fully for their own military protection, rather than having the United States always standing behind them. Europe has the luxury of having a strong "big brother". And without the United States and Europe, or even without the investment of Asian nations, individual nations such as the United Kingdom or Ireland would be in dire straits.
In our view, the idea that American inlfuence in the world is coming to an end is principally flawed. POWER yields influence by its very existence, though of course, this is tempered by the WILL to use that power - or not. America still has the military power - but how is it using it?
For the course of the future, one must follow with the greatest of interest how the - for now - fairly dove-like foreign policies of the Obama administration will fare over his four years as President. If Obama's more "hands-off" approach toward the world political situation is not accepted and honored by the rest of the world - and it appears that much of the world is NOT honoring Obama peace initiatives, especially the rogue nations and groupings, then the USA will have no choice but to return to a more iron-fisted foreign policy in the future - something which is well within its military might, should they so choose.
We therefore think that there will be a CONTINUATION OF INFLUENCE by the United States in the foreseeable future. There is no one to take America's place. Not Europe (it is too divisive yet, with eurosceptics being a good example of this weakness). Not China (look at the intrusions of Google to track down dissidents). Not Russia or the East (too preoccupied with their own considerable problems in rising out of their USSR past). Not the religious fanatics, rogue nations or groupings (they have nothing positive to offer mankind). Indeed, everyone in the "free world" can still be thankful that America - a free America - still exists, and DOES wield its influence, nothwithstanding its present economic dilemmas.
Permalink : Andis Kaulins : 1/23/2010 01:09:00 AM
Europe vs. the USA : A European Economic Model? — Crooked Timber on Manzi : BloggingHeads : Henry Farrell & Daniel Drezner discuss Cohen & DeLong
Is There an European Economic Model? - Crooked Timber comments on Manzi's article - referenced in our previous posting and at Blogging Heads Henry Farrell and Daniel Drezner discuss Stephen Cohen and Brad DeLong's The End of Influence (of the United States) .
Read the whole thing at Crooked Timber after you view the video above.
Our own take here is that each of these commentators presents some aspects of the truth, but seem in their analysis to bypass the major issue, which in our eyes is the power that is held - or not - by those wielding military power and/or controlling vital natural resources - or not - on our planet, a state of facts which has little to do with any economic system per se.
The demise of the United States economically has been in progress for 40 years, ever since U.S. oil production peaked in the year 1970. As we wrote in Oil & Gas Cartels and American Inertia on Energy Issues : Major Culprits for the Current Economic Situation in the World? :
"From the years 1948 to 1972, the price of oil remained steady at about $3 per barrel.Although the American economy has declined (relatively to the rest of the world) over the last decades, U.S. military might remains intact - and stronger than ever. Indeed, the only undeniable ace in the hole that America has "economically" is the economic position which it enjoys as a result of its presumptive role as the world's greatest military power. That position is supported by generous foreign investment in the USA from all over the rest of the world - regardless of political or religious persuasion. What man of wisdom - with something to protect on this planet Earth - is truly against America?
Although the use of oil as an instrument of political control in the world began organizationally with the formation of OPEC in 1960, the defining point was hit in 1970's when United States oil production started to drop as a percentage of world oil production.
The USA had put itself in the unenviable position of being reliant upon the oil cartels....
Oil has remained a political football since that period. As more and more oil had to be imported by the United States and as U.S. policies ran counter to the oil cartel countries, the price of oil has sky-rocketed, and this has been followed by comparable price increases in consumer goods that are produced using petroleum products or oil-based energy (just about everything). The current economic recession is just the logical end result of a price push policy by the oil cartels, which has led to prices for consumer goods such as homes that are far removed from the normal economic realities.
But not just the oil cartels, but also America itself is greatly to blame for the current economic situation. Nothing had been able in the last 40 years to move Americans to change their greatly exaggerated over-consumption of energy."
Most of the "haves" on this planet - i.e. those who have something worth protecting - realize full well that without the presence of formidable US military might - which enables America to quasi function as the world's policeman - the world economic and political structure would be in great danger of falling to the chaos sought by the outlaws. That is not in the interest of anyone, except for the bandits. You show me a weak America and I will show you a world of the future which consists of war, slavery, religious superstition, famine and pestilence, nothing more.
We all can readily see that the philosophies of the religious fanatics or those of rogue or tyrannical nations take paths which lead us all into chains. America wields its influence because its political philosophy promises and promotes personal freedom - albeit with various degrees of success and not without serious mistakes. On the other hand, the alternative solutions are consistent in their promise of slavery - political, economic and religious subservience. All the rogue nations are evidence of that. That dichotomy is the key confrontation in the world today.
As far as actual "economies" are concerned, the "European" economy is not that different from the US economy in principle but would of course look somewhat different if Europeans had to rely on themselves fully for their own military protection, rather than having the United States always standing behind them. Europe has the luxury of having a strong "big brother". And without the United States and Europe, or even without the investment of Asian nations, individual nations such as the United Kingdom or Ireland would be in dire straits.
In our view, the idea that American inlfuence in the world is coming to an end is principally flawed. POWER yields influence by its very existence, though of course, this is tempered by the WILL to use that power - or not. America still has the military power - but how is it using it?
For the course of the future, one must follow with the greatest of interest how the - for now - fairly dove-like foreign policies of the Obama administration will fare over his four years as President. If Obama's more "hands-off" approach toward the world political situation is not accepted and honored by the rest of the world - and it appears that much of the world is NOT honoring Obama peace initiatives, especially the rogue nations and groupings, then the USA will have no choice but to return to a more iron-fisted foreign policy in the future - something which is well within its military might, should they so choose.
We therefore think that there will be a CONTINUATION OF INFLUENCE by the United States in the foreseeable future. There is no one to take America's place. Not Europe (it is too divisive yet, with eurosceptics being a good example of this weakness). Not China (look at the intrusions of Google to track down dissidents). Not Russia or the East (too preoccupied with their own considerable problems in rising out of their USSR past). Not the religious fanatics, rogue nations or groupings (they have nothing positive to offer mankind). Indeed, everyone in the "free world" can still be thankful that America - a free America - still exists, and DOES wield its influence, nothwithstanding its present economic dilemmas.
Permalink : Andis Kaulins : 1/23/2010 01:09:00 AM
LAW PUNDIT Friday, January 22, 2010 1/22/2010 11:47:00 PM [Home]
[Print]
U.S. Supreme Court Prohibits Suppression of Corporate Free Speech : Citizens United v. Federal Election Commission, 558 U.S. ___ (2010) :
The United States Supreme Court yesterday issued a landmark decision on corporate political speech which we - as political centrists - heartily endorse, ruling that free speech can not be suppressed just because of the corporate identity of the speaker. Citizens United v. Federal Election Commission, 558 U.S. ___ (2010).
The number and extent of federal rules and regulations against what corporate entities could say and could not say had gotten totally out of hand.
The court held quite clearly that:
As for the alleged corruption of democracy by corporations.... Money talks. It always has. You can not change that by wrongly limiting free speech freedoms.
Permalink : Andis Kaulins : 1/22/2010 11:47:00 PM
U.S. Supreme Court Prohibits Suppression of Corporate Free Speech : Citizens United v. Federal Election Commission, 558 U.S. ___ (2010) :
The United States Supreme Court yesterday issued a landmark decision on corporate political speech which we - as political centrists - heartily endorse, ruling that free speech can not be suppressed just because of the corporate identity of the speaker. Citizens United v. Federal Election Commission, 558 U.S. ___ (2010).
The number and extent of federal rules and regulations against what corporate entities could say and could not say had gotten totally out of hand.
The court held quite clearly that:
"The Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether."In spite of the broad generality of the holding, there was a spread of opinion among the Justices:
"KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA and ALITO, JJ., joined, in which THOMAS, J., joined as to all but Part IV, and in which STEVENS, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined as to Part IV. ROBERTS, C. J., filed a concurring opinion, in which ALITO, J., joined. SCALIA, J., filed a concurring opinion, in which ALITO, J., joined, and in which THOMAS, J., joined in part. STEVENS, J., filed an opinion concurring in part and dissenting in part, in which GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. THOMAS, J., filed an opinion concurring in part and dissenting in part."The New York Times writes:
"A bitterly divided Supreme Court ruled on Thursday that the government may not ban political spending by corporations, labor unions or other organizations in elections. The court’s majority in Citizens United v. Federal Election Commission swept aside a century-old doctrine in election law, ruling that the campaign finance restriction violated the First Amendment’s free speech principles. The dissenters said opening the floodgates to corporate money will corrupt democracy.
How will this decision play out in American politics?"
The New York times is updating opinion on this decision throughout the day:
"We will be updating this discussion with additional commentary throughout the day. Scroll down to read Christopher Cotton, Heather K. Gerken, Eugene Volokh, Richard L. Hasen, Joel Gora, Michael Waldman and Fred Wertheimer in the forum."One of the interesting aspects of the decision is the broad "free speech" importance assigned to new social media. Writing for the majority of Justices, Justice Kennedy specifically referred to "blogs and social networking Web sites":
"Rapid changes in technology—and the creative dynamic inherent in the concept of free expression—counsel against upholding a law that restricts political speech in certain media or by certain speakers.... Today, 30-second television ads may be the most effective way to convey a political message.... Soon, however, it may be that Internet sources, such as blogs and social networking Web sites, will provide citizens with significant information about political candidates and issues. Yet, §441b would seem to ban a blog post expressly advocating the election or defeat of a candidate if that blog were created with corporate funds.... The First Amendment does not permit Congress to make these categorical distinctions based on the corporate identity of the speaker and the content of the political speech."Declan McCullagh at CNET News comments this as follows:
"The U.S. Supreme Court's sweeping ruling on Thursday that invalidated large chunks of campaign finance law arose in part from an unlikely source: the emergence of Facebook, YouTube, and blogs, and the decline of traditional media outlets.As a political centrist and - thus far still - an Obama supporter, we nevertheless agree with Rush Limbaugh, who writes:
A 5-4 majority concluded that technological changes have chipped away at the justification for a law that allows individuals to create a blog with opinions about a political candidate--but threatens the ACLU, the National Rifle Association, a labor union, or a corporation with felony charges if they do the same....
Eugene Volokh, a law professor at UCLA, called it the "first appearance" of the word "blog" in a Supreme Court opinion. And Google's video-sharing site is singled out in the conclusion, with Kennedy writing that "skits on YouTube.com" that cast politicians in an unflattering light could give rise to "felony" charges if a corporation dared to post them. "
"RUSH: Let me put this in perspective, this caterwauling of the left over upholding the First Amendment. These people who are upset with American citizens who happen to work in corporations, who happen to be directors in corporations, having the ability to participate in our political process, these are the same people who want to grant constitutional rights to terrorists, and do. These are the same people that want to put on a show trial with the masterminds of the 9/11 disaster, grant them freedom of speech, grant them every constitutional right, including Miranda rights -- the Fruit of Kaboom Bomber -- and yet they hate American corporations. They have some ingrained, genetic "despisal" of corporations because corporations are competitive. They foster and thrive in free, open markets, all of which are opposed by the left."You can not suffocate the most successful institutions of the country's economic culture and expect to survive - and thrive - in an otherwise very dangerous and competitive world.
As for the alleged corruption of democracy by corporations.... Money talks. It always has. You can not change that by wrongly limiting free speech freedoms.
Permalink : Andis Kaulins : 1/22/2010 11:47:00 PM
LAW PUNDIT 1/22/2010 06:22:00 PM [Home]
[Print]
The Economy and the USA : Facing the Future and Keeping America's Edge in Economic Innovation : The Realities : Advantages and Costs
Jim Manzi has a thought-provoking article at National Affairs titled Keeping America's Edge.
He writes:
Permalink : Andis Kaulins : 1/22/2010 06:22:00 PM
The Economy and the USA : Facing the Future and Keeping America's Edge in Economic Innovation : The Realities : Advantages and Costs
Jim Manzi has a thought-provoking article at National Affairs titled Keeping America's Edge.
He writes:
"The United States is in a tough spot....Read the rest here.
To grasp the difficulty of this moment for America, we must see more clearly the pain involved in economic innovation, the price we would pay for stifling innovation, and the daunting social obstacles that stand in the way of balancing the two."
Permalink : Andis Kaulins : 1/22/2010 06:22:00 PM
LAW PUNDIT 1/22/2010 12:15:00 PM [Home]
[Print]
LEGAL IT SHOW 2010 : Europe’s Premier Legal IT Exhibition Focusing on Software and Services For the Legal Profession : London : 10-11 February
Legal IT Show 2010
LEGAL IT SHOW 2010
Europe’s Premier Legal IT Exhibition
Focusing on Software and Services For the Legal Profession
Permalink : Andis Kaulins : 1/22/2010 12:15:00 PM
LEGAL IT SHOW 2010 : Europe’s Premier Legal IT Exhibition Focusing on Software and Services For the Legal Profession : London : 10-11 February
Legal IT Show 2010
LEGAL IT SHOW 2010
Europe’s Premier Legal IT Exhibition
Focusing on Software and Services For the Legal Profession
"Venue: Business Design Centre
52 Upper Street, Islington, London N1 0QH
Wednesday 10th Feb: 9:30am - 5.00pm | Thursday 11th Feb: 9:30am - 4:30pm
Wednesday 10th Feb: 9:30am - 5.00pm | Thursday 11th Feb: 9:30am - 4:30pm
To find out more information about the event, to book a stand or to discuss the exciting sponsorship opportunities at the Legal IT show, contact:
Matthew Robinson
on tel: +44 (0)20 7017 5755 or
e-mail: Matthew.robinson@informa.com"
"This premier event brings together the leading suppliers of law firm technology and services, with practice buyers showcasing new products, providing topical debates and even more networking opportunities.
The show will bring you more innovative ideas, product launches and topical seminars and a high level of visitors over the two days."
Permalink : Andis Kaulins : 1/22/2010 12:15:00 PM
LAW PUNDIT Thursday, January 21, 2010 1/21/2010 04:40:00 PM [Home]
[Print]
Law Firms in the Baltic : Latvia Lithuania and Estonia
James Swift at The Lawyer in The Baltic triangle writes about law and pan-Baltic law firms in Latvia, Lithuania and Estonia. He observes, inter alia, that:
Permalink : Andis Kaulins : 1/21/2010 04:40:00 PM
Law Firms in the Baltic : Latvia Lithuania and Estonia
James Swift at The Lawyer in The Baltic triangle writes about law and pan-Baltic law firms in Latvia, Lithuania and Estonia. He observes, inter alia, that:
"Rightly or wrongly, the Baltic States - Estonia, Latvia and Lithuania - are viewed as one. With a combined population of less than seven million it is no surprise; and for investors, entering into one Baltic country is usually a prelude to entry into the others.Read the entire quite lengthy and informative article.
The effect of this has been that, over the past five years, law firms with ambition have increasingly felt pressure to align themselves with firms in neighbouring states to show the unity and reach that international investors expect."
Permalink : Andis Kaulins : 1/21/2010 04:40:00 PM
LAW PUNDIT 1/21/2010 04:14:00 AM [Home]
[Print]
Religious Expression in American Public Life: A Joint Statement of Current Law
Beyond the shouting, what the law really says about religion
by Charles C. Haynes, First Amendment Center, January 20, 2010
Permalink : Andis Kaulins : 1/21/2010 04:14:00 AM
Religious Expression in American Public Life: A Joint Statement of Current Law
Beyond the shouting, what the law really says about religion
by Charles C. Haynes, First Amendment Center, January 20, 2010
"Because good news is all too rare in our culture wars, Americans should welcome a common-ground agreement released this week titled 'Religious Expression in American Public Life: A Joint Statement of Current Law.'
Drafted by a diverse group of religious-liberty advocates, educators and scholars, the document represents the first-ever consensus on how the law addresses the role of religion in the public square in the United States."
Permalink : Andis Kaulins : 1/21/2010 04:14:00 AM
LAW PUNDIT 1/21/2010 04:11:00 AM [Home]
[Print]
INTERVIEW - Microsoft top lawyer urges law to protect cloud | Technology | Reuters
INTERVIEW - Microsoft top lawyer urges law to protect cloud | Technology | Reuters
Permalink : Andis Kaulins : 1/21/2010 04:11:00 AM
INTERVIEW - Microsoft top lawyer urges law to protect cloud | Technology | Reuters
INTERVIEW - Microsoft top lawyer urges law to protect cloud | Technology | Reuters
Permalink : Andis Kaulins : 1/21/2010 04:11:00 AM
LAW PUNDIT 1/21/2010 03:30:00 AM [Home]
[Print]
Bill Gates of Microsoft Uses Twitter Account to Unveil New Gates Notes Website
Jennifer Van Grove at Mashable gives us the scoop that:
Bill Gates Uses Twitter Account to Unveil New Website
Permalink : Andis Kaulins : 1/21/2010 03:30:00 AM
Bill Gates of Microsoft Uses Twitter Account to Unveil New Gates Notes Website
Jennifer Van Grove at Mashable gives us the scoop that:
Bill Gates Uses Twitter Account to Unveil New Website
"Now it appears that Bill Gates joined Twitter with calculated intentions. After passing 100,000 followers in eight hours (now he has nearly 250,000 fans), the Microsoft visionary used his now-popular account to announce a new web project: The Gates Notes."
Permalink : Andis Kaulins : 1/21/2010 03:30:00 AM
LAW PUNDIT 1/21/2010 12:13:00 AM [Home]
[Print]
Breakthrough in Nanotechnology in the Development of Super-Material Graphene : The Future of Electronics is Nanotech
Breakthrough in developing super-material graphene
Permalink : Andis Kaulins : 1/21/2010 12:13:00 AM
Breakthrough in Nanotechnology in the Development of Super-Material Graphene : The Future of Electronics is Nanotech
Breakthrough in developing super-material graphene
"ScienceDaily (Jan. 19, 2010) — A collaborative research project has brought the world a step closer to producing a new material on which future nanotechnology could be based. Researchers across Europe, including the UK's National Physical Laboratory (NPL), have demonstrated how an incredible material, graphene, could hold the key to the future of high-speed electronics, such as micro-chips and touchscreen technology....Read the full text of the article about this incredible new discovery for the future of electronics.
Graphene is a relatively new form of carbon made up of a single layer of atoms arranged in a honeycomb shaped lattice. Despite being one atom thick and chemically simple, graphene's is extremely strong and highly conductive, making it ideal for high-speed electronics, photonics and beyond.
Graphene is a strong candidate to replace semiconductor chips. Moore's Law observes that the density of transistors on an integrated circuit doubles every two years, but silicon and other existing transistor materials are thought to be close to the minimum size where they can remain effective. Graphene transistors can potentially run at faster speeds and cope with higher temperatures. Graphene could be the solution to ensuring computing technology to continue to grow in power whilst shrinking in size, extending the life of Moore's law by many years."
Permalink : Andis Kaulins : 1/21/2010 12:13:00 AM
LAW PUNDIT Wednesday, January 20, 2010 1/20/2010 05:28:00 PM [Home]
[Print]
The Academic Battle over the Dead Sea Scrolls : A Harvard Ph.D. and NYU Law Grad Stands Criminally Accused : Did he Commit a Crime?
Climategate is no exception.
Academia can be a cesspool of vanities and distortion.
We knew this long ago.
Some of the rest of the world is now just finding that out.
In
About New York - Raphael Golb’s Aliases Enlivened Debate Over Dead Sea Scrolls - NYTimes.com
Jim Dwyer reports on a unique "cyberbrawl" over the Dead Sea Scrolls which highlights all of the advantages and disadvantages of "dialogue" about controversial academic topics on the Internet (and elsewhere).
As Dwyer writes, the accused is Raphael Haim Golb, a Ph.D. graduate of Harvard and of New York University Law School, who allegedly tried to discredit one or more academics taking a different position on the Dead Sea Scrolls than his own father, a professor, who is apparently not implicated himself in the matter:
We had always suspected that conspiracies of academics and "academic schools of thought" are rampant on the Internet and in the "peer review good old boy networks", and we hope as this case unravels, that these odious practices come more and more to the surface.
There are a few of us out here - true academics in the scholarly sense - actually trying to find out what really happened in man's history. But believe me - we are a handfull - a handfull only.
Permalink : Andis Kaulins : 1/20/2010 05:28:00 PM
The Academic Battle over the Dead Sea Scrolls : A Harvard Ph.D. and NYU Law Grad Stands Criminally Accused : Did he Commit a Crime?
Climategate is no exception.
Academia can be a cesspool of vanities and distortion.
We knew this long ago.
Some of the rest of the world is now just finding that out.
In
About New York - Raphael Golb’s Aliases Enlivened Debate Over Dead Sea Scrolls - NYTimes.com
Jim Dwyer reports on a unique "cyberbrawl" over the Dead Sea Scrolls which highlights all of the advantages and disadvantages of "dialogue" about controversial academic topics on the Internet (and elsewhere).
As Dwyer writes, the accused is Raphael Haim Golb, a Ph.D. graduate of Harvard and of New York University Law School, who allegedly tried to discredit one or more academics taking a different position on the Dead Sea Scrolls than his own father, a professor, who is apparently not implicated himself in the matter:
"Mr. Golb’s father is Norman Golb, a professor at the University of Chicago and a critic of claims that the Dead Sea Scrolls were the work of a sect called the Essenes, thought to have lived near the Qumran caves where the scrolls were found. Professor Golb has suggested that the scrolls were actually the product of several libraries in Jerusalem and were taken to the caves around the time the city fell to the Romans in the year 70. This is not a dispute for the fainthearted. Golb the Son has taken up his father’s cause with all the vigor permitted by multiple Gmail accounts.Read Dwyer's highly elucidating article in full here.
Mr. Golb is 49 years old and had 50 e-mail aliases. He used pseudonyms to post on blogs. Under the name of a professor he was trying to undermine, prosecutors charged, Mr. Golb wrote a quasi confession to plagiarism and circulated it among students and officials at New York University. ....
In court papers filed last week, Mr. Golb’s lawyers argued that prosecutors were trying to criminalize the commonplace. Both sides in the Dead Sea Scrolls debate, they said, use “sock puppets” — fake identities — on the Internet to make it seem as if scores of people are arguing a point."
We had always suspected that conspiracies of academics and "academic schools of thought" are rampant on the Internet and in the "peer review good old boy networks", and we hope as this case unravels, that these odious practices come more and more to the surface.
There are a few of us out here - true academics in the scholarly sense - actually trying to find out what really happened in man's history. But believe me - we are a handfull - a handfull only.
Permalink : Andis Kaulins : 1/20/2010 05:28:00 PM
LAW PUNDIT 1/20/2010 05:20:00 PM [Home]
[Print]
These Law Firms Are Diverse. Here’s How They Got That Way. - Law Blog - WSJ
Ashby Jones examines diversity in BigLaw at
These Law Firms Are Diverse. Here’s How They Got That Way. - Law Blog - WSJ
Permalink : Andis Kaulins : 1/20/2010 05:20:00 PM
These Law Firms Are Diverse. Here’s How They Got That Way. - Law Blog - WSJ
Ashby Jones examines diversity in BigLaw at
These Law Firms Are Diverse. Here’s How They Got That Way. - Law Blog - WSJ
Permalink : Andis Kaulins : 1/20/2010 05:20:00 PM
LAW PUNDIT 1/20/2010 05:11:00 PM [Home]
[Print]
Legal Professions That Don't Require a Law Degree | by Richard Hemby
Permalink : Andis Kaulins : 1/20/2010 05:11:00 PM
Legal Professions That Don't Require a Law Degree | by Richard Hemby
Legal Professions That Don't Require a Law Degree
This following guest article was written by Richard Hemby who regularly writes about online law degree programs and college related topics for Online College Guru, an online college degree guide.
While the best known legal profession is that of attorney, many other career paths are available to those who do not hold a law degree. Legal professionals work in a wide range of law enforcement jobs and in a variety of environments, from traditional courtrooms to crime scenes and even educational settings. Here are four of the most popular legal careers that do not require an advanced degree.
Court Reporter
Careers in court reporting require a meticulous attention to detail and a thorough knowledge of legal procedures. Court reporters are responsible for recording every aspect of courtroom procedure, including all words spoken within the courtroom during a legal proceeding. Typically, court reporters use one of two methods of transcription. Machine transcription is a form of shorthand that allows the reporter to take down the words as they are said, while voice writing requires the reporter to repeat those words exactly for later transcription.
Criminal Investigators
One of the most dramatic legal professions, criminal investigators work side by side with police to collect evidence and solve cases. This career is perhaps best known through numerous television depictions, but the reality is that most criminal investigators simply store and catalog evidence from various cases in order to prepare reports that will be presented as evidence in court. Many criminal investigators serve as expert witnesses, reporting on their findings in person and answering questions about their results. In most cases, a bachelor’s degree in chemistry or another related field is required in order to perform the complex analysis required for these high-tech jobs.
Corrections Officer
Jobs in corrections include careers as prison guards and parole officers. These high-pressure jobs put corrections officers in direct contact with convicted criminals; as a result, these jobs require constant vigilance and caution. Most corrections officers are responsible for maintaining the safety and security of the public by monitoring and controlling conditions within prisons and other detention facilities. This can sometimes put them in situations where they face direct confrontation by inmates and parolees; for this reason, corrections officers are typically in good physical shape to allow them to more easily handle these situations when they arise.
Legal Secretaries
The administrative assistants of the legal profession, legal secretaries typically serve as clerks and managers for large legal firms. They type, file, and prepare cases for trial, freeing up the time of attorneys and using advanced computer technology to ensure that cases are tracked and schedules are kept current. Legal secretaries require no special legal training, but must be familiar with legal terminology and the formats of common types of legal documents.
These are only a few of the numerous jobs available within the legal profession that do not require a degree in law. While some jobs require only a high school diploma, most require at least some specialized training in order to ensure success. Training courses for these and other professions in the legal field are typically available through vocational-technical centers and community colleges.
Permalink : Andis Kaulins : 1/20/2010 05:11:00 PM
LAW PUNDIT 1/20/2010 04:11:00 PM [Home]
[Print]
The Pick suggests that the Solution to the World's Problems is to Think French (exquisite humor : plus a video - harmless - The French Art of Loving)
Think French
Those who know us know that we love France but are reserved about the French, but there are some wonderful fashionable exceptions, such as this one.
This is an exquisite intellectual piece for non-intellectuals.
Take a look and keep reading in spite of the rather horrid beginning.
Think French
For those inclined to censorship: the closing video is less salacious than it appears at first glance.
Permalink : Andis Kaulins : 1/20/2010 04:11:00 PM
The Pick suggests that the Solution to the World's Problems is to Think French (exquisite humor : plus a video - harmless - The French Art of Loving)
Think French
Those who know us know that we love France but are reserved about the French, but there are some wonderful fashionable exceptions, such as this one.
This is an exquisite intellectual piece for non-intellectuals.
Take a look and keep reading in spite of the rather horrid beginning.
Think French
For those inclined to censorship: the closing video is less salacious than it appears at first glance.
Permalink : Andis Kaulins : 1/20/2010 04:11:00 PM
LAW PUNDIT Tuesday, January 19, 2010 1/19/2010 03:15:00 PM [Home]
[Print]
Google ices Android launches in China • The Register
Google ices Android launches in China • The Register
The Chinese are making a huge mistake in the manner that they are handling Google in China. We originally thought that China would simply ignore the issue via the well-known Oriental inscrutability, but the systematic attacks on Google systems from within China - where nothing like that happens without government sanction - are stupidly poisoning the world technology atmosphere - greatly to China's detriment. The pendelum is shifting AGAINST China. We thought the Chinese were smarter than that.
Where China previously had only a handfull of dissidents, they are now creating millions of dissidents throughout the world. What is the sense of that? Buy goods made in China? Some people will reconsider.
Permalink : Andis Kaulins : 1/19/2010 03:15:00 PM
Google ices Android launches in China • The Register
Google ices Android launches in China • The Register
The Chinese are making a huge mistake in the manner that they are handling Google in China. We originally thought that China would simply ignore the issue via the well-known Oriental inscrutability, but the systematic attacks on Google systems from within China - where nothing like that happens without government sanction - are stupidly poisoning the world technology atmosphere - greatly to China's detriment. The pendelum is shifting AGAINST China. We thought the Chinese were smarter than that.
Where China previously had only a handfull of dissidents, they are now creating millions of dissidents throughout the world. What is the sense of that? Buy goods made in China? Some people will reconsider.
Permalink : Andis Kaulins : 1/19/2010 03:15:00 PM
LAW PUNDIT 1/19/2010 12:06:00 AM [Home]
[Print]
The 21st Century Belongs to Women : Half-Day Schools in Germany being replaced by All-Day Schools so that Women can Work
Katrin Beinhold in The Female Factor at the New York Times writes that In Germany, a Tradition Falls, and Women Rise as all-day schooling spreads in a school system traditionally marked by half-day schools:
Permalink : Andis Kaulins : 1/19/2010 12:06:00 AM
The 21st Century Belongs to Women : Half-Day Schools in Germany being replaced by All-Day Schools so that Women can Work
Katrin Beinhold in The Female Factor at the New York Times writes that In Germany, a Tradition Falls, and Women Rise as all-day schooling spreads in a school system traditionally marked by half-day schools:
“This is a taboo we just can’t afford anymore; the country needs women to be able to both work and have children,” said Ursula von der Leyen, the German labor minister. A mother of seven and doctor-turned-politician, she baffles housewives and childless career women alike, not to mention many men in her Christian Democratic Union.
The spread of all-day schooling in Germany, a trend she considers “irreversible,” is a sign of the times, Ms. von der Leyen said in an interview. “The 21st century belongs to women.”
Permalink : Andis Kaulins : 1/19/2010 12:06:00 AM
LAW PUNDIT Monday, January 18, 2010 1/18/2010 11:37:00 PM [Home]
[Print]
'Invisible' Woman, 78, Jailed 2 Weeks By 'System of So-Called Justice' - News - ABA Journal
Martha Neil has an aptly titled piece at the ABA Journal on an 'Invisible' Woman, 78, Jailed 2 Weeks By 'System of So-Called Justice'.
Although we are convinced that the ABA has reported the true version of the story, we did want to relate an alternative version that we heard on the grapevine about the events leading to the invisible woman's release.
It appears that Justic Scalia was secretly flown into Florida to provide assistance and spotted the invisible woman immediately, sternly informing the local authorities: "If it's original, I can see it."
(with apologies to to the late former Supreme Court Justice Potter Stewart)
Permalink : Andis Kaulins : 1/18/2010 11:37:00 PM
'Invisible' Woman, 78, Jailed 2 Weeks By 'System of So-Called Justice' - News - ABA Journal
Martha Neil has an aptly titled piece at the ABA Journal on an 'Invisible' Woman, 78, Jailed 2 Weeks By 'System of So-Called Justice'.
Although we are convinced that the ABA has reported the true version of the story, we did want to relate an alternative version that we heard on the grapevine about the events leading to the invisible woman's release.
It appears that Justic Scalia was secretly flown into Florida to provide assistance and spotted the invisible woman immediately, sternly informing the local authorities: "If it's original, I can see it."
(with apologies to to the late former Supreme Court Justice Potter Stewart)
Permalink : Andis Kaulins : 1/18/2010 11:37:00 PM
LAW PUNDIT 1/18/2010 11:25:00 PM [Home]
[Print]
Supreme Court Word of the Day: Orthogonal - News - ABA Journal
Nice article by Debra Cassens Weiss of the ABA Journal on the Supreme Court Word of the Day: Orthogonal, which means "extraneous, at right angles, perpendicular".
The Supreme Court Justices indicated in oral argument that they may want to use this word in a coming "opinion" or "dissent".
The world orthogonal stems from ancient Greek mathematics and the Greek language ὀρθός (orthos), meaning "straight", and γωνία (gonia), meaning "angle".
To help the Justices keep up in this field of inquiry, we recommend our (alleged) decipherment of the Phaistos Disc, which we claim to be written in Ancient Greek and to contain Euclid's 5th postulate, which starts out as follows in our decipherment transliteration found at our blog Minoan Culture:
Permalink : Andis Kaulins : 1/18/2010 11:25:00 PM
Supreme Court Word of the Day: Orthogonal - News - ABA Journal
Nice article by Debra Cassens Weiss of the ABA Journal on the Supreme Court Word of the Day: Orthogonal, which means "extraneous, at right angles, perpendicular".
The Supreme Court Justices indicated in oral argument that they may want to use this word in a coming "opinion" or "dissent".
The world orthogonal stems from ancient Greek mathematics and the Greek language ὀρθός (orthos), meaning "straight", and γωνία (gonia), meaning "angle".
To help the Justices keep up in this field of inquiry, we recommend our (alleged) decipherment of the Phaistos Disc, which we claim to be written in Ancient Greek and to contain Euclid's 5th postulate, which starts out as follows in our decipherment transliteration found at our blog Minoan Culture:
"[SIDE A of the Phaistoc Disc] "Foreseen (are) - as given - standing straight lines (perpendiculars)" - to be constructed (drawn).".
Permalink : Andis Kaulins : 1/18/2010 11:25:00 PM
LAW PUNDIT 1/18/2010 11:08:00 PM [Home]
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Law Practice No Longer a Golden Goose?
Alex Williams at the New York Times in No Longer Their Golden Ticket examines the new situation of young lawyers faced with a legal profession enduring its "worst slump in decades".
Permalink : Andis Kaulins : 1/18/2010 11:08:00 PM
Law Practice No Longer a Golden Goose?
Alex Williams at the New York Times in No Longer Their Golden Ticket examines the new situation of young lawyers faced with a legal profession enduring its "worst slump in decades".
Permalink : Andis Kaulins : 1/18/2010 11:08:00 PM
LAW PUNDIT 1/18/2010 11:02:00 PM [Home]
[Print]
Put the PCs in Prison? Computer Crime as a Balance of Technology and Behavioral Science
Steve Lohr at the New York Times in Google Case in China Highlights Gaps in Computer Security writes that:
Permalink : Andis Kaulins : 1/18/2010 11:02:00 PM
Put the PCs in Prison? Computer Crime as a Balance of Technology and Behavioral Science
Steve Lohr at the New York Times in Google Case in China Highlights Gaps in Computer Security writes that:
"“Fighting computer crime is a balance of technology and behavioral science, understanding the human dimension of the threat,” said Mr. Stroz, the former F.B.I. agent and security investigator. “There is no law in the books that will ever throw a computer in prison.”"
Permalink : Andis Kaulins : 1/18/2010 11:02:00 PM
LAW PUNDIT 1/18/2010 08:09:00 PM [Home]
[Print]
PDFmyURL.com : a BLOCKBUSTER online application to convert and save any website page into a .pdf - for FREE
PDFmyURL.com looks like a blockbuster application. You can use it online to convert and save any website page into a .pdf - for FREE. And it works. We ran it on our LawPundit page successfully.
They write at their Twitter page:
" pdfmyurl 48 hours online and 22,000 people have visited. That's a lot of people. Plus a Japanese mention: http://tiny.cc/sxuCH"
Permalink : Andis Kaulins : 1/18/2010 08:09:00 PM
PDFmyURL.com : a BLOCKBUSTER online application to convert and save any website page into a .pdf - for FREE
PDFmyURL.com looks like a blockbuster application. You can use it online to convert and save any website page into a .pdf - for FREE. And it works. We ran it on our LawPundit page successfully.
They write at their Twitter page:
" pdfmyurl 48 hours online and 22,000 people have visited. That's a lot of people. Plus a Japanese mention: http://tiny.cc/sxuCH"
Permalink : Andis Kaulins : 1/18/2010 08:09:00 PM
LAW PUNDIT 1/18/2010 07:49:00 PM [Home]
[Print]
Branding, IP, Finance and J.P. Morgan Chase : Return of the Glass-Steagall Act?
IP finance ... where money issues meet intellectual property rights:
When Branding Comes to the Rescue of J.P. Morgan Chase
Permalink : Andis Kaulins : 1/18/2010 07:49:00 PM
Branding, IP, Finance and J.P. Morgan Chase : Return of the Glass-Steagall Act?
IP finance ... where money issues meet intellectual property rights:
When Branding Comes to the Rescue of J.P. Morgan Chase
Permalink : Andis Kaulins : 1/18/2010 07:49:00 PM
LAW PUNDIT 1/18/2010 05:45:00 PM [Home]
[Print]
Tweet Tweet: Can I Copyright That? : What is Protected? Kyle-Beth Hilfer Discusses the Law of Copyrights On Twitter
Tweet Tweet: Can I Copyright That? : What is Protected? Kyle-Beth Hilfer Discusses the Law of Copyrights On Twitter
LAW PUNDIT 1/18/2010 05:23:00 PM [Home]
[Print]
German Publishers Complain to Cartel Authorities about Google
Ralf Rottmann at TheNextWeb.com headlines his article Oh no, German publishers call cartel authority to go against Google and writes inter alia:
Permalink : Andis Kaulins : 1/18/2010 05:23:00 PM
German Publishers Complain to Cartel Authorities about Google
Ralf Rottmann at TheNextWeb.com headlines his article Oh no, German publishers call cartel authority to go against Google and writes inter alia:
"Yesterday, Google Germany confirmed that the German newspaper publishers association (BDZV), Microsoft owned Ciao and online maps service Euro-Cities AG called the German cartel authorities to investigate Google’s business practices, for various different reasons.Read the full article.
At the heart of their complaint they sing along the well-known Rupert Murdoch idea: “We have no clue how to innovate our own business model, so we’d love to get a share of Google’s ads revenues!”
The rationale behind it is the assertion, by grabbing parts of their “valuable content”, created at “extremely high production costs” and inserting it into search results, Google would violate the publishers’ intellectual property rights."
Permalink : Andis Kaulins : 1/18/2010 05:23:00 PM
LAW PUNDIT 1/18/2010 05:13:00 PM [Home]
[Print]
Writers Can Prosper Without Intellectual Property - Gennady Stolyarov II - Mises Institute
Writers Can Prosper Without Intellectual Property
by Gennady Stolyarov II - Mises Institute
Permalink : Andis Kaulins : 1/18/2010 05:13:00 PM
Writers Can Prosper Without Intellectual Property - Gennady Stolyarov II - Mises Institute
Writers Can Prosper Without Intellectual Property
by Gennady Stolyarov II - Mises Institute
"It is commonly supposed that, whatever its moral and theoretical standing, intellectual property is necessary for creators of written works to make a living and — even more importantly — to continue to create. Here, I will set aside the theoretical status of copyright, which is amply discussed in Stephan Kinsella's Against Intellectual Property and Michele Boldrin and David Levine's Against Intellectual Monopoly. I will focus on existing and emerging possibilities for writers to earn a living in a world where no copyrights exist."
Permalink : Andis Kaulins : 1/18/2010 05:13:00 PM
LAW PUNDIT 1/18/2010 05:04:00 PM [Home]
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Grahnlaw: EP hearing Michel Barnier: Intellectual property rights
Grahnlaw: EP hearing Michel Barnier: Intellectual property rights
Permalink : Andis Kaulins : 1/18/2010 05:04:00 PM
Grahnlaw: EP hearing Michel Barnier: Intellectual property rights
Grahnlaw: EP hearing Michel Barnier: Intellectual property rights
Permalink : Andis Kaulins : 1/18/2010 05:04:00 PM
LAW PUNDIT 1/18/2010 04:51:00 PM [Home]
[Print]
Art as Economics : Germany turns to Culture to Combat Foreign Competition
Germany combats foreign competition with culture - Pittsburgh Tribune-Review
by Mike Wereschagin of the Pittsburgh Tribune-Review
hat tip to German-American Relations group at LinkedIn
Permalink : Andis Kaulins : 1/18/2010 04:51:00 PM
Art as Economics : Germany turns to Culture to Combat Foreign Competition
Germany combats foreign competition with culture - Pittsburgh Tribune-Review
by Mike Wereschagin of the Pittsburgh Tribune-Review
hat tip to German-American Relations group at LinkedIn
Permalink : Andis Kaulins : 1/18/2010 04:51:00 PM
LAW PUNDIT 1/18/2010 04:49:00 PM [Home]
[Print]
Alternative Billing Methods in Labor and Employment Law
Michael J. Lotito: The Emplyoment Law Revoltuion, headlines at Entrepreneur:
Permalink : Andis Kaulins : 1/18/2010 04:49:00 PM
Alternative Billing Methods in Labor and Employment Law
Michael J. Lotito: The Emplyoment Law Revoltuion, headlines at Entrepreneur:
"Streamline Your Legal Services: Results-based fees could make your attorney more efficient"and writes:
"One area in which alternative billing methods have been successful is labor and employment law...."Read the full article here.
Permalink : Andis Kaulins : 1/18/2010 04:49:00 PM
LAW PUNDIT 1/18/2010 03:13:00 PM [Home]
[Print]
Royalty and Continuity : Queen Elizabeth in Photographs with 11 USA Presidents : Is Monarchy a Model for Unity of the Baltic States : A Baltic Union
We just posted this status report to law_pundit at Twitter:
Talk about #continuity ! #Queen #Elizabeth in #Photographs with 11 #Presidents of the #USA http://b2l.me/4j6b #UK #USA #royals #royalty
These photos show one advantage of monarchies over elected representation: continuity of leadership. The politicians come and go, but Kings and Queens endure!
Long live the Queen!
Not being a British subject, we nevertheless mean that sincerely.
Here is our take on royalty and monarchy as a model for the Baltic nations, Estonia, Latvia and Lithuania.
When the Baltic nations obtained their independence from the USSR (Soviet Union) some 20 years ago, I suggested to some powerful people in Latvia then that they unite the Baltic States politically, since they compose a "regional unity" (see Antonius Piip wrote in The Baltic States as a Regional Unity, Annals of the American Academy of Political and Social Science, Vol. 168, American Policy in the Pacific (Jul., 1933), pp. 171-177, published by Sage Publications, Inc. in association with the American Academy of Political and Social Science (the article is at JSTOR)).
My idea was to establish one political entity from the three Baltic States and call it the Baltic Union, a political commonwealth whose unity would make the Baltic nations much more powerful in defending their own vested interests in this competitively dangerous world.
At the same time, my solution would also have called for each nation to establish its own "elected" monarchy, whose business would not be to run the nation's political affairs, but rather to act as the symbolic standard bearer for their own particular nation, using the United Kingdom as an example. One Baltic Union. Three Baltic Kingdoms.
In this manner, each of the Baltic States, i.e. Latvia, Lithuania and Estonia, would retain their individuality and sovereignty in their own elected monarch, but they would merge their political systems for their mutual economic (i.e. financial), social and military benefit.
Unfortunately, my sensible ideas fell on deaf ears. Most politicians in the Baltic States have, unfortunately, had no better idea about the future of their countries and peoples than but to follow the same exact mistakes that have been made in the Baltic region for centuries. Everyone wants to "run things", but few know how. Where in the entire Baltic region has anyone developed any NEW ideas about how to take a different path than the unsuccessful paths already taken in history? You have the same old demagogues now that you had before. Nothing has changed. Incompetent leadership prevails everywhere and it is no surprise to see the financial difficulty in which these nations currently find themselves.
I also suggested at the time of independence, for example, that the Baltic nations were - and still are - in the enviable position of ultimately banning private combustion vehicles from their cities and roads. Given the sparse population of the Baltic, there is no need for gasoline driven vehicles, except for trucks (lorries) and gasoline-driven equipment. Riga, for example, has become traffic congested beyond all description - for no sane reason. NO ONE needs all these cars in Riga. No one. Indeed, one reason that the Baltic nations have such economic problems is precisely because a gasoline-motor-centered economy was imposed upon them in circumstances where it was idiotic to do so. How much of the current Baltic deficit is accounted for by purchases of motor vehicles that no one really needs?
The Baltic States - as the Baltic Union - could adopt a time plan for supplanting motor vehicles by electrical vehicles in the private sector. There are very few main roads in these countries. Switching to electric vehicles would not be a burden. There are also only a handful of larger cities, all of which would be much better places without vehicles having gasoline engines.
Rather than following other blind leaders blindly, my dear friends in the Baltic, why, for a change, not think ahead and be the pioneers instead???? If you continue to act like once oppressed peoples, you are still oppressed. Move forward - the past can not be changed.
Permalink : Andis Kaulins : 1/18/2010 03:13:00 PM
Royalty and Continuity : Queen Elizabeth in Photographs with 11 USA Presidents : Is Monarchy a Model for Unity of the Baltic States : A Baltic Union
We just posted this status report to law_pundit at Twitter:
Talk about #continuity ! #Queen #Elizabeth in #Photographs with 11 #Presidents of the #USA http://b2l.me/4j6b #UK #USA #royals #royalty
These photos show one advantage of monarchies over elected representation: continuity of leadership. The politicians come and go, but Kings and Queens endure!
Long live the Queen!
Not being a British subject, we nevertheless mean that sincerely.
Here is our take on royalty and monarchy as a model for the Baltic nations, Estonia, Latvia and Lithuania.
When the Baltic nations obtained their independence from the USSR (Soviet Union) some 20 years ago, I suggested to some powerful people in Latvia then that they unite the Baltic States politically, since they compose a "regional unity" (see Antonius Piip wrote in The Baltic States as a Regional Unity, Annals of the American Academy of Political and Social Science, Vol. 168, American Policy in the Pacific (Jul., 1933), pp. 171-177, published by Sage Publications, Inc. in association with the American Academy of Political and Social Science (the article is at JSTOR)).
My idea was to establish one political entity from the three Baltic States and call it the Baltic Union, a political commonwealth whose unity would make the Baltic nations much more powerful in defending their own vested interests in this competitively dangerous world.
At the same time, my solution would also have called for each nation to establish its own "elected" monarchy, whose business would not be to run the nation's political affairs, but rather to act as the symbolic standard bearer for their own particular nation, using the United Kingdom as an example. One Baltic Union. Three Baltic Kingdoms.
In this manner, each of the Baltic States, i.e. Latvia, Lithuania and Estonia, would retain their individuality and sovereignty in their own elected monarch, but they would merge their political systems for their mutual economic (i.e. financial), social and military benefit.
Unfortunately, my sensible ideas fell on deaf ears. Most politicians in the Baltic States have, unfortunately, had no better idea about the future of their countries and peoples than but to follow the same exact mistakes that have been made in the Baltic region for centuries. Everyone wants to "run things", but few know how. Where in the entire Baltic region has anyone developed any NEW ideas about how to take a different path than the unsuccessful paths already taken in history? You have the same old demagogues now that you had before. Nothing has changed. Incompetent leadership prevails everywhere and it is no surprise to see the financial difficulty in which these nations currently find themselves.
I also suggested at the time of independence, for example, that the Baltic nations were - and still are - in the enviable position of ultimately banning private combustion vehicles from their cities and roads. Given the sparse population of the Baltic, there is no need for gasoline driven vehicles, except for trucks (lorries) and gasoline-driven equipment. Riga, for example, has become traffic congested beyond all description - for no sane reason. NO ONE needs all these cars in Riga. No one. Indeed, one reason that the Baltic nations have such economic problems is precisely because a gasoline-motor-centered economy was imposed upon them in circumstances where it was idiotic to do so. How much of the current Baltic deficit is accounted for by purchases of motor vehicles that no one really needs?
The Baltic States - as the Baltic Union - could adopt a time plan for supplanting motor vehicles by electrical vehicles in the private sector. There are very few main roads in these countries. Switching to electric vehicles would not be a burden. There are also only a handful of larger cities, all of which would be much better places without vehicles having gasoline engines.
Rather than following other blind leaders blindly, my dear friends in the Baltic, why, for a change, not think ahead and be the pioneers instead???? If you continue to act like once oppressed peoples, you are still oppressed. Move forward - the past can not be changed.
Permalink : Andis Kaulins : 1/18/2010 03:13:00 PM
LAW PUNDIT Friday, January 15, 2010 1/15/2010 06:07:00 PM [Home]
[Print]
Patent Infringement News - Kodak sues Apple and RIM over iPhone and Blackberry
The BBC News headline tell us that
Kodak sues Apple and RIM over iPhone and Blackberry
We just posted this to @law_pundit at Twitter:
#Kodak sues #Apple and #RIM over #iPhone and #Blackberry for #patent #infringement http://bit.ly/5MK556 intellectual property #patents #fb
Permalink : Andis Kaulins : 1/15/2010 06:07:00 PM
Patent Infringement News - Kodak sues Apple and RIM over iPhone and Blackberry
The BBC News headline tell us that
Kodak sues Apple and RIM over iPhone and Blackberry
We just posted this to @law_pundit at Twitter:
#Kodak sues #Apple and #RIM over #iPhone and #Blackberry for #patent #infringement http://bit.ly/5MK556 intellectual property #patents #fb
Permalink : Andis Kaulins : 1/15/2010 06:07:00 PM
LAW PUNDIT 1/15/2010 06:04:00 PM [Home]
[Print]
Intellectual Property Quarterly Newsletter - Winter 2010 - inter alia Federal Circuit and Eastern District of Texas Patent Venue Strategies
JD Supra: Legal Articles - Intellectual Property Quarterly Newsletter - Winter 2010
Contributor: Morrison & Foerster LLP
Permalink : Andis Kaulins : 1/15/2010 06:04:00 PM
Intellectual Property Quarterly Newsletter - Winter 2010 - inter alia Federal Circuit and Eastern District of Texas Patent Venue Strategies
JD Supra: Legal Articles - Intellectual Property Quarterly Newsletter - Winter 2010
Contributor: Morrison & Foerster LLP
"IN THIS ISSUE:
*1 Risks of Agreeing Not to License a Pooled Patent
*3 Federal Circuit’s Transfer Decisions Forcing Plaintiffs to Re-evaluate Their Eastern District of Texas Strategy
*8 Who Owns Your New Employee’s Patents?
*12 Reexam Interrupted: The PTO Cracks Down on Filing Informalities
*14 Intellectual Property Practice News"
Permalink : Andis Kaulins : 1/15/2010 06:04:00 PM
LAW PUNDIT 1/15/2010 03:10:00 PM [Home]
[Print]
Court: Mass. law on wine shipping unconstitutional - San Jose Mercury News
Court: Mass. law on wine shipping unconstitutional - San Jose Mercury News
by BOB SALSBERG, Associated Press Writer 01/14/2010
Permalink : Andis Kaulins : 1/15/2010 03:10:00 PM
Court: Mass. law on wine shipping unconstitutional - San Jose Mercury News
Court: Mass. law on wine shipping unconstitutional - San Jose Mercury News
by BOB SALSBERG, Associated Press Writer 01/14/2010
"A Massachusetts law that sharply restricts out-of-state winemakers from shipping their products directly to consumers in the state is unconstitutional, a federal appeals court ruled Thursday.Read the complete article.
The decision by the 1st Circuit Court of Appeals to uphold a lower court ruling could open the door for connoisseurs in Massachusetts to purchase more of their favorite wines online or by mail order from domestic producers."
Permalink : Andis Kaulins : 1/15/2010 03:10:00 PM
LAW PUNDIT 1/15/2010 12:19:00 PM [Home]
[Print]
NFL Playoffs - Predictions and NAYPPA - Net Average Yards Per Play Advantage for all National Football League Teams
NAYPPA - Net Average Yards Per Play Advantage - Analysis of the National Football League 2009/2010 going into the NFL Playoffs. NAYPPA is important but defense generally wins football games, so good defensive teams with a strong NAYPPA have an advantage in the playoffs. 1 NAYPPA point advantage = 9 points on the scoreboard.
NFL Playoff Games thus far:
Arizona Cardinals 9.3 ypp offense, 7.4 ypp defense (vs. Green Bay Packers) - NAYPPA +1.9
New York Jets 6.3 ypp offense, 4.6 ypp defense (vs. Cincinnati Bengals) - NAYPPA +1.7
Baltimore Ravens 4.3 ypp offense, 3.1 ypp defense (vs. New England Patriots) - NAYPPA +1.2
Dallas Cowboys 5.9 ypp offense, 6.1 ypp defense (vs. Philadelphia Eagles) - NAYPPA -0.2
Rank of Teams that made the Playoffs (regular season stats)
1. Dallas Cowboys 6.3 ypp offense, 5.2 ypp defense - NAYPPA = +1.1
2. Green Bay Packers 5.8 ypp offense, 4.8 ypp defense - NAYPPA = +1.0 eliminated
3. Indianapolis Colts 5.9 ypp offense, 5.0 ypp defense - NAYPPA = +0.9
4. Philadelphia Eagles 5.9 ypp offense, 5.0 ypp defense - NAYPPA = +0.9 eliminated
5. New York Jets 5.0 ypp offense, 4.2 ypp defense - NAYPPA = +0.8
6. New Orleans Saints 6.3 ypp offense, 5.5 ypp defense - NAYPPA = +0.8
7. Baltimore Ravens 5.5 ypp offense, 4.9 ypp defense - NAYPPA = +0.6
8. Minnesota Vikings 5.8 ypp offense, 5.2 ypp defense - NAYPPA = +0.6
9. San Diego Chargers 5.9 ypp offense, 5.3 ypp defense - NAYPPA = +0.6
10. New England Patriots 5.9 ypp offense, 5.4 ypp defense - NAYPPA = +0.5 eliminated
11. Arizona Cardinals 5.6 ypp offense, 5.3 ypp defense - NAYPPA = +0.3
12. Cincinnati Bengals 4.9 ypp offense, 4.9 ypp defense - NAYPPA = 0.0 eliminated
NAYPPA of Teams that did not make the Playoffs (regular season stats)
1. Pittsburgh Steelers 5.9 ypp offense, 5.1 ypp defense - NAYPPA = +0.8
(The Steelers coasted in midseason and lost 5 straight games, in part to the weakest of opponents, to put themselves out of playoffs in which they should clearly have played, being one of the strongest teams in the NFL.)
2. Houston Texans 5.9 ypp offense, 5.3 ypp defense - NAYPPA = +0.6
3. Denver Broncos 5.3 ypp offense, 5.0 ypp defense - NAYPPA = +0.3
4. New York Giants 5.8 ypp offense, 5.5 ypp defense - NAYPPA = +0.3
5. Washington Redskins 5.2 ypp offense, 5.1 ypp defense - NAYPPA = +0.1
6. Tennessee Titans 5.7 ypp offense, 5.6 ypp defense - NAYPPA = +0.1
7. San Francisco 49ers 5.0 ypp offense, 5.0 ypp defense - NAYPPA = 0.0
8. Carolina Panthers 5.2 ypp offense, 5.2 ypp defense - NAYPPA = 0.0
9. Chicago Bears 5.1 ypp offense, 5.2 ypp defense - NAYPPA = -0.1
10. Buffalo Bills 4.8 ypp offense, 5.0 ypp defense - NAYPPA = -0.2
11. Atlanta Falcons 5.2 ypp offense, 5.6 ypp defense - NAYPPA = -0.4
12. Jacksonville Jaguars 5.3 ypp offense, 5.7 ypp defense - NAYPPA = -0.4
13. Seattle Seahawks 4.9 ypp offense, 5.6 ypp defense - NAYPPA = -0.7
14. Tampa Bay Buccaneers 4.8 ypp offense, 5.6 ypp defense - NAYPPA = -0.8
15. Miami Dolphins 5.0 ypp offense, 5.8 ypp defense - NAYPPA = -0.8
16. Kansas City Chiefs 4.8 ypp offense, 5.8 ypp defense - NAYPPA = -1.0
17. Oakland Raiders 4.5 ypp offense, 5.7 ypp defense - NAYPPA = -1.2
18. St. Louis Rams 4.5 ypp offense, 5.9 ypp defense - NAYPPA = -1.4
19. Cleveland Browns 4.3 ypp offense, 5.8 ypp defense - NAYPPA = -1.5
20. Detroit Lions 4.6 ypp offense, 6.1 ypp defense - NAYPPA = -1.5
Playoff Game Predictions
Arizona at New Orleans - the Saints are favored by 7 points but have the worst defense of all playoff teams, so that if Kurt Warner is on target, the Cardinals should win. We call it for Arizona 41-38.
Indianapolis is favored at home by 7 points. YPPSYS stats give a slight edge over Baltimore according to the stats, but the Colts will struggle with the Baltimore defense. We call it for the Ravens 20-17 over the Colts.
Dallas plays at Minnesota in a game in which the Vikings are favored by 3 points. NAYPPA stats favor the Cowboys who have the best NAYPPA in the NFL and are thus our favorites to win the Super Bowl this year. We call it for Dallas 31-27.
The San Diego Chargers are favored at home by 9 points over the New York Jets, but NAYPPA stats favor New York by 2 points, not counting any home field advantage. It could go either way but we call it 20-17 for the Jets, who have the best ypp defense in the NFL according to NAYPPA, but have only a weak offense, so the offense has to pick up in this game.
Permalink : Andis Kaulins : 1/15/2010 12:19:00 PM
NFL Playoffs - Predictions and NAYPPA - Net Average Yards Per Play Advantage for all National Football League Teams
NAYPPA - Net Average Yards Per Play Advantage - Analysis of the National Football League 2009/2010 going into the NFL Playoffs. NAYPPA is important but defense generally wins football games, so good defensive teams with a strong NAYPPA have an advantage in the playoffs. 1 NAYPPA point advantage = 9 points on the scoreboard.
NFL Playoff Games thus far:
Arizona Cardinals 9.3 ypp offense, 7.4 ypp defense (vs. Green Bay Packers) - NAYPPA +1.9
New York Jets 6.3 ypp offense, 4.6 ypp defense (vs. Cincinnati Bengals) - NAYPPA +1.7
Baltimore Ravens 4.3 ypp offense, 3.1 ypp defense (vs. New England Patriots) - NAYPPA +1.2
Dallas Cowboys 5.9 ypp offense, 6.1 ypp defense (vs. Philadelphia Eagles) - NAYPPA -0.2
Rank of Teams that made the Playoffs (regular season stats)
1. Dallas Cowboys 6.3 ypp offense, 5.2 ypp defense - NAYPPA = +1.1
2. Green Bay Packers 5.8 ypp offense, 4.8 ypp defense - NAYPPA = +1.0 eliminated
3. Indianapolis Colts 5.9 ypp offense, 5.0 ypp defense - NAYPPA = +0.9
4. Philadelphia Eagles 5.9 ypp offense, 5.0 ypp defense - NAYPPA = +0.9 eliminated
5. New York Jets 5.0 ypp offense, 4.2 ypp defense - NAYPPA = +0.8
6. New Orleans Saints 6.3 ypp offense, 5.5 ypp defense - NAYPPA = +0.8
7. Baltimore Ravens 5.5 ypp offense, 4.9 ypp defense - NAYPPA = +0.6
8. Minnesota Vikings 5.8 ypp offense, 5.2 ypp defense - NAYPPA = +0.6
9. San Diego Chargers 5.9 ypp offense, 5.3 ypp defense - NAYPPA = +0.6
10. New England Patriots 5.9 ypp offense, 5.4 ypp defense - NAYPPA = +0.5 eliminated
11. Arizona Cardinals 5.6 ypp offense, 5.3 ypp defense - NAYPPA = +0.3
12. Cincinnati Bengals 4.9 ypp offense, 4.9 ypp defense - NAYPPA = 0.0 eliminated
NAYPPA of Teams that did not make the Playoffs (regular season stats)
1. Pittsburgh Steelers 5.9 ypp offense, 5.1 ypp defense - NAYPPA = +0.8
(The Steelers coasted in midseason and lost 5 straight games, in part to the weakest of opponents, to put themselves out of playoffs in which they should clearly have played, being one of the strongest teams in the NFL.)
2. Houston Texans 5.9 ypp offense, 5.3 ypp defense - NAYPPA = +0.6
3. Denver Broncos 5.3 ypp offense, 5.0 ypp defense - NAYPPA = +0.3
4. New York Giants 5.8 ypp offense, 5.5 ypp defense - NAYPPA = +0.3
5. Washington Redskins 5.2 ypp offense, 5.1 ypp defense - NAYPPA = +0.1
6. Tennessee Titans 5.7 ypp offense, 5.6 ypp defense - NAYPPA = +0.1
7. San Francisco 49ers 5.0 ypp offense, 5.0 ypp defense - NAYPPA = 0.0
8. Carolina Panthers 5.2 ypp offense, 5.2 ypp defense - NAYPPA = 0.0
9. Chicago Bears 5.1 ypp offense, 5.2 ypp defense - NAYPPA = -0.1
10. Buffalo Bills 4.8 ypp offense, 5.0 ypp defense - NAYPPA = -0.2
11. Atlanta Falcons 5.2 ypp offense, 5.6 ypp defense - NAYPPA = -0.4
12. Jacksonville Jaguars 5.3 ypp offense, 5.7 ypp defense - NAYPPA = -0.4
13. Seattle Seahawks 4.9 ypp offense, 5.6 ypp defense - NAYPPA = -0.7
14. Tampa Bay Buccaneers 4.8 ypp offense, 5.6 ypp defense - NAYPPA = -0.8
15. Miami Dolphins 5.0 ypp offense, 5.8 ypp defense - NAYPPA = -0.8
16. Kansas City Chiefs 4.8 ypp offense, 5.8 ypp defense - NAYPPA = -1.0
17. Oakland Raiders 4.5 ypp offense, 5.7 ypp defense - NAYPPA = -1.2
18. St. Louis Rams 4.5 ypp offense, 5.9 ypp defense - NAYPPA = -1.4
19. Cleveland Browns 4.3 ypp offense, 5.8 ypp defense - NAYPPA = -1.5
20. Detroit Lions 4.6 ypp offense, 6.1 ypp defense - NAYPPA = -1.5
Playoff Game Predictions
Arizona at New Orleans - the Saints are favored by 7 points but have the worst defense of all playoff teams, so that if Kurt Warner is on target, the Cardinals should win. We call it for Arizona 41-38.
Indianapolis is favored at home by 7 points. YPPSYS stats give a slight edge over Baltimore according to the stats, but the Colts will struggle with the Baltimore defense. We call it for the Ravens 20-17 over the Colts.
Dallas plays at Minnesota in a game in which the Vikings are favored by 3 points. NAYPPA stats favor the Cowboys who have the best NAYPPA in the NFL and are thus our favorites to win the Super Bowl this year. We call it for Dallas 31-27.
The San Diego Chargers are favored at home by 9 points over the New York Jets, but NAYPPA stats favor New York by 2 points, not counting any home field advantage. It could go either way but we call it 20-17 for the Jets, who have the best ypp defense in the NFL according to NAYPPA, but have only a weak offense, so the offense has to pick up in this game.
Permalink : Andis Kaulins : 1/15/2010 12:19:00 PM
LAW PUNDIT 1/15/2010 11:40:00 AM [Home]
[Print]
The Practical Side of Patents : Invention : Is the Golden Age for Inventors at Hand? asks John Blake at CNN.com
John Blake for CNN.com writes at Is the Golden Age for Inventors at Hand? :
Permalink : Andis Kaulins : 1/15/2010 11:40:00 AM
The Practical Side of Patents : Invention : Is the Golden Age for Inventors at Hand? asks John Blake at CNN.com
John Blake for CNN.com writes at Is the Golden Age for Inventors at Hand? :
"Andrea Belz, a management consultant who specializes in technology commercialization for companies, says this is a 'fabulous' time for inventors because labor and real estate is cheap.
'A lot of money is looking for good places to go,' she says. 'There's a desire to invent. If you have a good idea, there's actually less competition for money.'"
Permalink : Andis Kaulins : 1/15/2010 11:40:00 AM
LAW PUNDIT 1/15/2010 01:52:00 AM [Home]
[Print]
Employers and Social Media
Social media permeate the employment life cycle by Renee M. Jackson, National Law Journal, January 11, 2010.
Permalink : Andis Kaulins : 1/15/2010 01:52:00 AM
Employers and Social Media
Social media permeate the employment life cycle by Renee M. Jackson, National Law Journal, January 11, 2010.
"Employers must address their use and misuse before, during and after an employee's tenure.Read the full article.
Social media are any type of Internet-based media created through social interaction in which individuals primarily produce, rather than consume, the content. In the workplace, the prevalent social media are video-sharing Web sites (YouTube), social networking Web sites (Facebook, MySpace, LinkedIn, Twitter), online multiuser virtual worlds (Second Life, World of Warcraft) and personal or corporate blogs."
Permalink : Andis Kaulins : 1/15/2010 01:52:00 AM
LAW PUNDIT Thursday, January 14, 2010 1/14/2010 11:48:00 PM [Home]
[Print]
We need an independent invention defense to minimize the damage of aggressive patent trolls - Union Square Ventures: A New York Venture Capital Fund Focused on Early Stage & Startup Investing
We need an independent invention defense to minimize the damage of aggressive patent trolls
an article by Union Square Ventures:
A New York Venture Capital Fund Focused on Early Stage & Startup Investing.
They write:
Permalink : Andis Kaulins : 1/14/2010 11:48:00 PM
We need an independent invention defense to minimize the damage of aggressive patent trolls - Union Square Ventures: A New York Venture Capital Fund Focused on Early Stage & Startup Investing
We need an independent invention defense to minimize the damage of aggressive patent trolls
an article by Union Square Ventures:
A New York Venture Capital Fund Focused on Early Stage & Startup Investing.
They write:
"[T]he patent system has fallen way behind the pace of innovation, especially in information technology. Originally designed to protect the brilliant independent inventor of a better mousetrap, the patent system has been stretched to be applied to software. Software is a language and like any language, it can be very abstract. Everyone applying for a patent pays a lawyer to take their invention and render it into the broadest, most abstract language they can slip through the patent office. A mouse trap is a mouse trap, but a method of allowing one piece of software to talk to another (the generalized language often used to describe a software system) can be almost anything, and can, if approved, impact markets the original inventor could never even have imagined."Read the full article here.
Permalink : Andis Kaulins : 1/14/2010 11:48:00 PM
LAW PUNDIT 1/14/2010 10:03:00 PM [Home]
[Print]
America vs. Europe - Opinionator Blog - NYTimes.com : The Evolution of Capitalism
At the New York Times Opinionator Blog, David Brooks and Gail Collins discuss capitalism from the standpoint of America vs. Europe.
One of the great misconceptions about American capitalism vs. capitalism in Europe is the myth that American capitalism takes more risks - and the blog commenters to this dialogue between Brooks and Collins raise the cutting edge question "at whose cost?"
Make sure you read those comments on this topic - some are quite brilliant.
Our take is that if the current financial crisis has taught one lesson that should be understood by all, it is that the risk-taker is often not the capitalist, and that the credit risks that were taken by the financial establishment did their greatest harm not to the wealthy capitalists or the capitalist institutions themselves but rather was a harm inflicted on the non-risking American taxpayer.
There are clear differences between capitalism in America and Europe, but this has more to do with the culture of venture capital rather than with any capitalistic differences in fact. Silicon Valley is the best example of this. Which "capitalist" there truly risked his neck to get a start-up going? As any real capitalist will tell you, the smart entrepreneur works with other people's money - usually OUR money, that of average citizens - through the financing credit institutions. That is the name of the game.
On an ancillary issue of health insurance, being without health insurance has nothing to do with risk-taking but is rather a social evil which every industrial country in the world has solved decently by national health insurance of some kind. Wrongly mixing capitalism and investment up with taking care the health of a nation's citizens is just foolish and antiquated.
Many people in the United States need to be alerted to the fact that we are no longer in the 19th century and that the entire capitalistic ball game has changed dramatically in the last 50 years. Those who doubt that statement might be interested in the following presentation by Nancy Koehn, Professor of Business Administration at Harvard Business School and author of The Story of American Business: From the Pages of the New York Times, October, 2009, who discusses "The Evolution of Capitalism" at BigThink:
Permalink : Andis Kaulins : 1/14/2010 10:03:00 PM
America vs. Europe - Opinionator Blog - NYTimes.com : The Evolution of Capitalism
At the New York Times Opinionator Blog, David Brooks and Gail Collins discuss capitalism from the standpoint of America vs. Europe.
One of the great misconceptions about American capitalism vs. capitalism in Europe is the myth that American capitalism takes more risks - and the blog commenters to this dialogue between Brooks and Collins raise the cutting edge question "at whose cost?"
Make sure you read those comments on this topic - some are quite brilliant.
Our take is that if the current financial crisis has taught one lesson that should be understood by all, it is that the risk-taker is often not the capitalist, and that the credit risks that were taken by the financial establishment did their greatest harm not to the wealthy capitalists or the capitalist institutions themselves but rather was a harm inflicted on the non-risking American taxpayer.
There are clear differences between capitalism in America and Europe, but this has more to do with the culture of venture capital rather than with any capitalistic differences in fact. Silicon Valley is the best example of this. Which "capitalist" there truly risked his neck to get a start-up going? As any real capitalist will tell you, the smart entrepreneur works with other people's money - usually OUR money, that of average citizens - through the financing credit institutions. That is the name of the game.
On an ancillary issue of health insurance, being without health insurance has nothing to do with risk-taking but is rather a social evil which every industrial country in the world has solved decently by national health insurance of some kind. Wrongly mixing capitalism and investment up with taking care the health of a nation's citizens is just foolish and antiquated.
Many people in the United States need to be alerted to the fact that we are no longer in the 19th century and that the entire capitalistic ball game has changed dramatically in the last 50 years. Those who doubt that statement might be interested in the following presentation by Nancy Koehn, Professor of Business Administration at Harvard Business School and author of The Story of American Business: From the Pages of the New York Times, October, 2009, who discusses "The Evolution of Capitalism" at BigThink:
Permalink : Andis Kaulins : 1/14/2010 10:03:00 PM
LAW PUNDIT 1/14/2010 09:37:00 PM [Home]
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President Obama: We Want Our Money Back! « Row 2, Seat 4
President Obama: We Want Our Money Back! « Row 2, Seat 4 (January 14, 2010)
From the White House
Read the full article and the text of the President's remarks here.
Permalink : Andis Kaulins : 1/14/2010 09:37:00 PM
President Obama: We Want Our Money Back! « Row 2, Seat 4
President Obama: We Want Our Money Back! « Row 2, Seat 4 (January 14, 2010)
"... President Obama today proposed a bank fee on major financial firms in order to reimburse American taxpayers who bore the brunt of the Wall Street bailouts...."
Read the full article and the text of the President's remarks here.
Permalink : Andis Kaulins : 1/14/2010 09:37:00 PM
LAW PUNDIT 1/14/2010 08:34:00 PM [Home]
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Our intellectual property regime is absurd – a reminder from The Equity Kicker via TechDirt
Our intellectual property regime is absurd – a reminder |
The Equity Kicker writes as follows and gives us six examples:
Permalink : Andis Kaulins : 1/14/2010 08:34:00 PM
Our intellectual property regime is absurd – a reminder from The Equity Kicker via TechDirt
Our intellectual property regime is absurd – a reminder |
The Equity Kicker writes as follows and gives us six examples:
"....I am neither a lawyer nor an expert on this subject but I have seen enough startups undermined by spurious patent claims and innovative young media companies stymied by copyright difficulties to convince me that the current system is wrong, wrong, wrong....Read the full article here.The point of this post is to give some examples of this waste and friction, all culled from a single days writing on Techdirt...."
1. Japanese electronics firms turn to patent fights as Korean companies take the lead in this market....
2. French copyright enforcement agency accidentally steals someone else’s font....
3. Union Square Ventures posted about the need for an independent invention defence against patent infringement lawsuits....4. Getting legal clearance for films is now painful as samples of third party copyrighted work need clearance....
5. There is a serious debate as to whether software patents should be allowed at all....
6. A company called DigiProtect is sending collection agencies after people it accuses of copyright infringement before they have been found guilty....
Permalink : Andis Kaulins : 1/14/2010 08:34:00 PM
LAW PUNDIT 1/14/2010 05:23:00 PM [Home]
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Help for Haiti | The White House Blog | Donate
Help for Haiti | The White House Blog
Permalink : Andis Kaulins : 1/14/2010 05:23:00 PM
Help for Haiti | The White House Blog | Donate
Help for Haiti | The White House Blog
"You can also help immediately by donating to the Red Cross to assist the relief effort. Contribute online to the Red Cross, or donate $10 to be charged to your cell phone bill by texting 'HAITI' to '90999.' Find more ways to help through the Center for International Disaster Information."
Permalink : Andis Kaulins : 1/14/2010 05:23:00 PM
LAW PUNDIT Tuesday, January 12, 2010 1/12/2010 02:45:00 PM [Home]
[Print]
Entrepreneur Mark Cuban at "blog maverick" asks : Should the FCC Reclaim Broadcast Spectrum ? and tells us that Success is all about "the edge":
We just put up two tweets at @law_pundit (@law_pundit) on Twitter referencing two blog postings by entrepreneur Mark Cuban at his blog maverick blog.
Permalink : Andis Kaulins : 1/12/2010 02:45:00 PM
Entrepreneur Mark Cuban at "blog maverick" asks : Should the FCC Reclaim Broadcast Spectrum ? and tells us that Success is all about "the edge":
We just put up two tweets at @law_pundit (@law_pundit) on Twitter referencing two blog postings by entrepreneur Mark Cuban at his blog maverick blog.
Want to be #successful? #Success is all about ... "the #edge". Love the game. Mark #Cuban on the #Sport of #Business http://bit.ly/85AEZy
Should the #FCC Reclaim #Broadcast #Spectrum ? Mark #Cuban at #blog #maverick http://bit.ly/5ZG3Tr #broadcasting #spectrum #bandwidthThese posts show how different the thinking of an entrepreneur is from the average norm. We know several exceedingly successful entrepreneurs, and they all show similarities.
Permalink : Andis Kaulins : 1/12/2010 02:45:00 PM
LAW PUNDIT 1/12/2010 03:15:00 AM [Home]
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LawPundit at Headlines Around the Web at the New York Times
The New York Times in its Headlines Around the Web featured LawPundit twice yesterday (we have clipped the pages and added the red circles)
once for our posting about Paul Krugman's article Learning From Europe
and a second time for our posting on the AP article Law and Music on Hold - Josipovic Now Heads Croatia - NYTimes.com
A lot of people read the New York Times, because we get a spike each time in our readership when we appear in the NY Times Headlines Around the Web.
Permalink : Andis Kaulins : 1/12/2010 03:15:00 AM
LawPundit at Headlines Around the Web at the New York Times
The New York Times in its Headlines Around the Web featured LawPundit twice yesterday (we have clipped the pages and added the red circles)
once for our posting about Paul Krugman's article Learning From Europe
and a second time for our posting on the AP article Law and Music on Hold - Josipovic Now Heads Croatia - NYTimes.com
A lot of people read the New York Times, because we get a spike each time in our readership when we appear in the NY Times Headlines Around the Web.
Permalink : Andis Kaulins : 1/12/2010 03:15:00 AM
LAW PUNDIT Monday, January 11, 2010 1/11/2010 06:33:00 PM [Home]
[Print]
Entertainment industry calls for EU internet piracy crackdown - Telegraph
Entertainment industry calls for EU internet piracy crackdown - Telegraph:
Permalink : Andis Kaulins : 1/11/2010 06:33:00 PM
Entertainment industry calls for EU internet piracy crackdown - Telegraph
Entertainment industry calls for EU internet piracy crackdown - Telegraph:
"A new coalition group has been formed by representatives from the film, TV and radio industries to lobby the European Union to toughen up its actions against online pirates."
Permalink : Andis Kaulins : 1/11/2010 06:33:00 PM
LAW PUNDIT 1/11/2010 06:21:00 PM [Home]
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Evolve and Grow or Stagnate and Decay : Learning From Europe - Paul Krugman at the NYTimes.com on Social Democracy, Health and the Economy
One of the keys to life is getting smarter as we go along by learning from others. If we do not learn and evolve, we fall behind, and others pass us. This Darwinian wisdom is omnipresent.
We are not always a fan of Paul Krugman, but he is a learner ... and can help others learn as well, especially in the national discussion in the USA about health care and its relation to the health of the economy, where Europe shows the way it can be done.
Learning From Europe - Paul Krugman at the NYTimes.com
Permalink : Andis Kaulins : 1/11/2010 06:21:00 PM
Evolve and Grow or Stagnate and Decay : Learning From Europe - Paul Krugman at the NYTimes.com on Social Democracy, Health and the Economy
One of the keys to life is getting smarter as we go along by learning from others. If we do not learn and evolve, we fall behind, and others pass us. This Darwinian wisdom is omnipresent.
We are not always a fan of Paul Krugman, but he is a learner ... and can help others learn as well, especially in the national discussion in the USA about health care and its relation to the health of the economy, where Europe shows the way it can be done.
Learning From Europe - Paul Krugman at the NYTimes.com
"The real lesson from Europe is actually the opposite of what conservatives claim: Europe is an economic success, and that success shows that social democracy works....Read the complete article.
[W]hy do we get such a different picture from many pundits? Because according to the prevailing economic dogma in this country — and I’m talking here about many Democrats as well as essentially all Republicans — European-style social democracy should be an utter disaster.
[W]hat European experience actually demonstrates is [that] social justice and progress can go hand in hand. "
Permalink : Andis Kaulins : 1/11/2010 06:21:00 PM
LAW PUNDIT 1/11/2010 06:05:00 PM [Home]
[Print]
Law and Music on Hold - Josipovic Now Heads Croatia - NYTimes.com
Law and Music on Hold - Josipovic Now Heads Croatia - NYTimes.com
Permalink : Andis Kaulins : 1/11/2010 06:05:00 PM
Law and Music on Hold - Josipovic Now Heads Croatia - NYTimes.com
Law and Music on Hold - Josipovic Now Heads Croatia - NYTimes.com
Permalink : Andis Kaulins : 1/11/2010 06:05:00 PM
LAW PUNDIT 1/11/2010 04:03:00 PM [Home]
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Robot Law at Stanford : Legal Experts View Challenges
Adam Gorlik writes in
As robots become more common, Stanford experts consider legal challenges:
Hat tip to a tweet from Susan L. White:
Permalink : Andis Kaulins : 1/11/2010 04:03:00 PM
Robot Law at Stanford : Legal Experts View Challenges
Adam Gorlik writes in
As robots become more common, Stanford experts consider legal challenges:
"Stanford scholars are among the first in the country to ponder the potential legal questions facing the emerging field of personal robotics. The issues go beyond claims of personal injury and property damage, touching on criminal and civil rights laws as well...."Read the rest here.
Hat tip to a tweet from Susan L. White:
susanletterman For lawyers thinking about where to expand their practice, consider Robot law. http://bit.ly/4z4StO
Permalink : Andis Kaulins : 1/11/2010 04:03:00 PM
LAW PUNDIT 1/11/2010 03:51:00 PM [Home]
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Is a Twitter Tweet from a Courtroom "Broadcasting" forbidden by Federal Court Rules? and other new special problems for courts through new technology
Cellphones, modern camera technology, Twitter, Facebook and social media "broadcasting" are keeping the legal system on its toes. Grant Schulte at USA TODAY in 'Special problems' force courts to confront cellphone issues - USATODAY.com writes inter alia that:
Hat tip to a tweet from the Superior Court of Fulton County Georgia:
Permalink : Andis Kaulins : 1/11/2010 03:51:00 PM
Is a Twitter Tweet from a Courtroom "Broadcasting" forbidden by Federal Court Rules? and other new special problems for courts through new technology
Cellphones, modern camera technology, Twitter, Facebook and social media "broadcasting" are keeping the legal system on its toes. Grant Schulte at USA TODAY in 'Special problems' force courts to confront cellphone issues - USATODAY.com writes inter alia that:
"Aside from the noisy interruption of musical ringtones, the technology poses new challenges for judges, who must maintain courtroom décor and consider other legal issues in a world where Facebook, Twitter and cameras are now at the fingertips of many cellphone users.Read the full article here.
A federal judge in Georgia in November banned a local newspaper reporter from posting information on Twitter from a handheld electronic device, after the man on trial objected. U.S. District Judge Clay Land ruled that the onlinemicroblogging service qualifies as 'broadcasting,' which is banned under federal court rules."
Hat tip to a tweet from the Superior Court of Fulton County Georgia:
"RT @USATODAY 'Special problems' force courts to confront cellphone issues http://usat.me?37148400 7:50 PM Jan 4th from web"
Permalink : Andis Kaulins : 1/11/2010 03:51:00 PM
LAW PUNDIT 1/11/2010 12:33:00 AM [Home]
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Could Google Fast Flip constitute Copyright Infringement of some Text or Graphic Content in spite of License Agreements? New York Times v. Tasini
Is Google "Fast Flip" from Google Labs the way that some Google Search results will look down the road?
It certainly looks possible.
We definitely like Fast Flip, already being a fan of Google Books, which features, e.g., one of our own publications.
You can try Google's Fast Flip at the Google News home page (available as of January 8, 2010) via the corresponding menu item there at the bottom of the left column.
Our question here is whether Google Fast Flip could constitute copyright infringement of any of the content shown, despite Google's general licenses with publishers to publish this material.
The search results of Google's "Fast Flip" show partial "headline" pages of publications in partially readable form together with copyrighted text and graphics. Clicking on a publication zooms that particular partial page into fully readable status within Google's "Fast Flip". Only when that zoomed page is clicked again is the user taken to the original publication.
Jessica Dobias at Social Media Law Student thinks Google may have a found a way around the potential copyright infringement problem raised by Fast Flip by entering into enabling licensing agreements with the publishers, but this presumes that the publishers have corresponding licensing agreements with the copyright holders, i.e. writers and photographers, to use their copyrighted works in the manner that they are being used in Google's Fast Flip. They may or may not have, we do not know.
It all reminds us of the US Supreme Court holding in New York Times v. Tasini (see Mark B. Radefeld, Note, The Medium is the Message: Copyright Law Confronts the Information Age in New York Times v. Tasini, 36 AKRON L. REV. 545 (2003), where database-type use of freelance articles by the New York Times was ultimately ruled by the U.S. Supreme Court as copyright infringement, barring a specific agreement permitting such use. Radefeld in footnote 2 of his note article cited above identifies the ultimate holding in Tasini:
Permalink : Andis Kaulins : 1/11/2010 12:33:00 AM
Could Google Fast Flip constitute Copyright Infringement of some Text or Graphic Content in spite of License Agreements? New York Times v. Tasini
Is Google "Fast Flip" from Google Labs the way that some Google Search results will look down the road?
It certainly looks possible.
We definitely like Fast Flip, already being a fan of Google Books, which features, e.g., one of our own publications.
You can try Google's Fast Flip at the Google News home page (available as of January 8, 2010) via the corresponding menu item there at the bottom of the left column.
Our question here is whether Google Fast Flip could constitute copyright infringement of any of the content shown, despite Google's general licenses with publishers to publish this material.
The search results of Google's "Fast Flip" show partial "headline" pages of publications in partially readable form together with copyrighted text and graphics. Clicking on a publication zooms that particular partial page into fully readable status within Google's "Fast Flip". Only when that zoomed page is clicked again is the user taken to the original publication.
Jessica Dobias at Social Media Law Student thinks Google may have a found a way around the potential copyright infringement problem raised by Fast Flip by entering into enabling licensing agreements with the publishers, but this presumes that the publishers have corresponding licensing agreements with the copyright holders, i.e. writers and photographers, to use their copyrighted works in the manner that they are being used in Google's Fast Flip. They may or may not have, we do not know.
It all reminds us of the US Supreme Court holding in New York Times v. Tasini (see Mark B. Radefeld, Note, The Medium is the Message: Copyright Law Confronts the Information Age in New York Times v. Tasini, 36 AKRON L. REV. 545 (2003), where database-type use of freelance articles by the New York Times was ultimately ruled by the U.S. Supreme Court as copyright infringement, barring a specific agreement permitting such use. Radefeld in footnote 2 of his note article cited above identifies the ultimate holding in Tasini:
"Tasini v. New York Times Co., 972 F. Supp. 804 (S.D.N.Y. 1997) (allowing publishers to place freelance articles in electronic databases under the revision privilege in §201(c) of the Copyright Act), rev’d, 206 F.3d 161 (2d Cir. 1999); Tasini v. New York Times Co., 206 F.3d 161 (2d Cir. 1999) (finding publishers cannot place freelance articles in electronic databases because databases containing individual articles from periodicals do not constitute revisions under §201(c)), aff’d, 533 U.S. 483 (2001); New York Times Co. v. Tasini, 533 U.S. 483 (2001) (holding articles republished in electronic databases are not part of, nor revisions, of periodicals and cannot be relicensed by periodical publishers without the author’s consent)." [emphasis added by LawPundit]
Permalink : Andis Kaulins : 1/11/2010 12:33:00 AM
LAW PUNDIT Saturday, January 09, 2010 1/09/2010 04:09:00 PM [Home]
[Print]
BIG BAR IS WATCHING : Facebooking Law Bar Applicants : The "Social Side" of Bar Associations
BIG BAR IS WATCHING : Facebooking Law Bar Applicants : The "Social Side" of Bar Associations
Legal Blog Watch writes in Fabulous Facebook Follies of 2009:
Permalink : Andis Kaulins : 1/09/2010 04:09:00 PM
BIG BAR IS WATCHING : Facebooking Law Bar Applicants : The "Social Side" of Bar Associations
BIG BAR IS WATCHING : Facebooking Law Bar Applicants : The "Social Side" of Bar Associations
Legal Blog Watch writes in Fabulous Facebook Follies of 2009:
"For lawyers, Facebook could prove to be a practice area unto itself....Read the rest here.
... Herewith, my picks of the top five Facebook legal stories of 2009.
First place goes to the decision of the Florida Board of Bar Examiners to screen the Facebook and other social-networking pages of applicants to the bar."
Permalink : Andis Kaulins : 1/09/2010 04:09:00 PM
LAW PUNDIT 1/09/2010 03:42:00 PM [Home]
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The Old Guard Law Firms of New York City and Related Professions in America : Called "White Shoe Firms"
There is such a thing as an "old guard" in America's top law firms and related professions. These firms are called "white shoe", a term even today defined by the Princeton WordNetWeb as "denoting a company or law firm owned and run by members of the WASP elite who are generally conservative...".
The Wikipedia, the free encyclopedia, goes into more depth in explaining that a "white shoe firm" actually has a broader modern meaning:
Permalink : Andis Kaulins : 1/09/2010 03:42:00 PM
The Old Guard Law Firms of New York City and Related Professions in America : Called "White Shoe Firms"
There is such a thing as an "old guard" in America's top law firms and related professions. These firms are called "white shoe", a term even today defined by the Princeton WordNetWeb as "denoting a company or law firm owned and run by members of the WASP elite who are generally conservative...".
The Wikipedia, the free encyclopedia, goes into more depth in explaining that a "white shoe firm" actually has a broader modern meaning:
"White-shoe firm is a phrase used to describe the leading professional services firms in America, particularly firms that have been in existence for more than a century and represent Fortune 500 companies. It frequently—but not always—refers to securities, law and management consulting firms, and frequently (but not always) refers to firms in New York City. A similar phrase, Magic Circle, refers to law firms in the UK, while the Big Six refers to leading Australian law firms and Seven Sisters to similar Canadian firms....
The following firms are often referred to as being white-shoe firms:Investment Banks
M&A advisory firms
Law firms
- Arnold & Porter
- Cadwalader, Wickersham & Taft
- Cravath, Swaine & Moore
- Chadbourne & Parke
- Covington & Burling
- Davis Polk & Wardwell
- Debevoise & Plimpton
- Dewey & LeBoeuf
- Goodwin Procter
- Hogan & Hartson
- Hughes Hubbard & Reed
- Milbank, Tweed, Hadley & McCloy
- Patterson Belknap Webb & Tyler
- Ropes & Gray
- Shearman & Sterling
- Simpson, Thacher & Bartlett
- Sullivan & Cromwell
- White & Case
- Willkie Farr & Gallagher
- Wilmer Cutler Pickering Hale and Dorr
The "new" white-shoe law firms
While the term "white-shoe" historically applied only to those law firms populated by WASPs, usage of the term has since been expanded to other top-rated prestigious law firms. Many of these firms were founded as a direct result of the exclusionary tendencies of the original white-shoe firms, which provided limited opportunities for Jewish and Catholic lawyers, as well as other non-WASPs.
- Cahill Gordon & Reindel
- Cleary, Gottlieb, Steen & Hamilto
- Fried, Frank, Harris, Shriver & Jacobson
- Kaye Scholer
- Kramer Levin Naftalis & Frankel
- Paul, Weiss, Rifkind, Wharton & Garrison
- Proskauer Rose
- Schulte Roth & Zabel
- Skadden, Arps, Slate, Meagher & Flom
- Strook & Strook & Lavan
- Wachtell, Lipton, Rosen & Katz
- Weil, Gotshal & Manges
Consulting firms
- Bain & Company
- Boston Consulting Group, The
- McKinsey & Company
Note: while these three firms are known rather undisputedly as the "top three" strategy consulting firms, some contended that such firms as A.T. Kearney, Arthur D. Little, Booz & Company, and Monitor Group should also be considered white shoe. Rankings of these firms in Vault and Consulting Magazine varied from year to year, but they have never dethroned the top three firms in overall rankings.
Accounting firms
. . .Related phrases
- Magic circle, seen as the five (or six) top law firms in the United Kingdom; also used to describe the top four Commercial Chambers at the Bar
- Global Quartet or Big Four, referring to members of the Magic Circle other than Slaughter and May as it has, in general, not pursued a policy of international expansion
- Seven Sisters, referring to the seven Canadian law firms considered to be the top tier
- Big Six, referring to six Australian law firms perceived to be the top tier
- Big Three, referring to three Texas law firms considered to be the top tier
Permalink : Andis Kaulins : 1/09/2010 03:42:00 PM
LAW PUNDIT 1/09/2010 03:30:00 PM [Home]
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AmLaw 100 Twittering Law Firms and Social Media Use at The AmLaw 100
For AmLaw 100 Twittering Law Firms and Social Media Use at The AmLaw 100 see:
Empowering the Corporate Community - Twittering Classes: Lessons For and From the AmLaw 100.
Permalink : Andis Kaulins : 1/09/2010 03:30:00 PM
AmLaw 100 Twittering Law Firms and Social Media Use at The AmLaw 100
For AmLaw 100 Twittering Law Firms and Social Media Use at The AmLaw 100 see:
Empowering the Corporate Community - Twittering Classes: Lessons For and From the AmLaw 100.
Permalink : Andis Kaulins : 1/09/2010 03:30:00 PM
LAW PUNDIT 1/09/2010 02:48:00 PM [Home]
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Bar Associations and the Practice of Law : Monopoly Power Corrupts : Connecticut Bar Attacks Non-Law Firm Legal Web Sites : Affordable Law : HALT.org
A popular wisdom attributed to Lord Acton but perhaps based on a sentiment uttered more than 100 years before by William Pitt, the Elder, is that "power tends to corrupt, and absolute power corrupts absolutely."
Many examples of the corruption of power in the legal field can surely be found, but the greatest corruption of all is perhaps the very fact that the judges (lawyers all) and the bar associations of attorneys assist the legal profession in maintaining a shameful and societally unnecessary legal monopoly on the provision of legal services, resulting in vastly inflated legal costs to citizens.
There is not the slightest bit of modern empirical evidence to justify the necessity of this monopoly, especially in the hands of the allegedly self-ruling and self-important State "bars", which could all be dispensed with and be better replaced by a uniform national licensing system - but who in the law is willing to give up the power that they wield? Hardly anyone.
Quite the contrary, the bars exist quite openly to prolong the monopoly and to maintain the small and elite numbers of those wielding this monopolistic power. We are not complaining here, by the way, but that is just the way that it is. The legal monopoly, as any monopoly, is a racket, and a very profitable one at that. It is an anachronistic, totally outdated vestige of the ancient guild system, maintained in the professions.
James C. Turner, Thomas M. Gordon, and Steven E. Serdikoff of HALT--An Organization of Americans for Legal Reform in their article, Consumers of Legal Services: Unprotected and Under-served, write in the Abstract as follows:
Since all monopolies corrupt and because the monopoly of the legal profession on the provision of legal services is no exception, it is no surprise to find a new attack by a State bar, this time on the provision of online legal information by people who are not members of the bar. As we can read in a posting by Richard Granat at Law That You Can Afford titled Connecticut Bar Attacks Non-Law Firm Legal Web Sites:
Nevertheless, there is no need for the kind of monopoly that marks the practice of law today and no need for bar associations in their present monopolistic form. The exercise and application of power in the form of the rule of law is the basic realm of the practice of law and there is no reason to restrict that exercise to bar associations or their members.
Permalink : Andis Kaulins : 1/09/2010 02:48:00 PM
Bar Associations and the Practice of Law : Monopoly Power Corrupts : Connecticut Bar Attacks Non-Law Firm Legal Web Sites : Affordable Law : HALT.org
A popular wisdom attributed to Lord Acton but perhaps based on a sentiment uttered more than 100 years before by William Pitt, the Elder, is that "power tends to corrupt, and absolute power corrupts absolutely."
Many examples of the corruption of power in the legal field can surely be found, but the greatest corruption of all is perhaps the very fact that the judges (lawyers all) and the bar associations of attorneys assist the legal profession in maintaining a shameful and societally unnecessary legal monopoly on the provision of legal services, resulting in vastly inflated legal costs to citizens.
There is not the slightest bit of modern empirical evidence to justify the necessity of this monopoly, especially in the hands of the allegedly self-ruling and self-important State "bars", which could all be dispensed with and be better replaced by a uniform national licensing system - but who in the law is willing to give up the power that they wield? Hardly anyone.
Quite the contrary, the bars exist quite openly to prolong the monopoly and to maintain the small and elite numbers of those wielding this monopolistic power. We are not complaining here, by the way, but that is just the way that it is. The legal monopoly, as any monopoly, is a racket, and a very profitable one at that. It is an anachronistic, totally outdated vestige of the ancient guild system, maintained in the professions.
James C. Turner, Thomas M. Gordon, and Steven E. Serdikoff of HALT--An Organization of Americans for Legal Reform in their article, Consumers of Legal Services: Unprotected and Under-served, write in the Abstract as follows:
"One of the true ironies in the emergence of consumer law is that while its protections reach a wide range of economic activity, as varied as credit card purchases and charitable giving, it has largely failed to reach a sector where consumers spend billions of dollars each year - legal services. Because the practice of law is considered a profession and attorneys are licensed by the judicial branch of government, a system of self-regulation has emerged over the past two hundred years. Not only has this system utterly failed to protect consumers, but its existence has prevented the development of other, more effective, safeguards for those who use legal services. In addition, the system of attorney self-regulation has been abused to maintain a monopoly on the delivery of legal services, which denies consumers the ability to choose more affordable alternatives to hiring a lawyer. This paper assesses the current system of attorney self-regulation and its impact upon consumer rights, and suggests possible reforms to empower and protect consumers of legal services."You can read that article in full here. The first two paragraphs of the introduction are germane to our discussion:
"Today, consumers who use our civil justice system have no meaningful protection from unscrupulous lawyers who take their money and fail to provide the services that they are paid to perform. The system of attorney self-regulation is an abject failure and lawyers’ so-called “Rules of Professional Responsibility” do not require attorneys to provide even the most basic consumer information to prospective clients. This remarkable state of affairs contributes to widespread popular distrust of lawyers, and erodes consumer confidence in the fundamental fairness of our civil justice system. By educating people about their rights and empowering them to deal with the legal system on their own, the consumer advocacy community can begin to extend real safeguards to this last remaining economic sector where the public is largely unprotected.The existence of the monopoly on legal services is in fact not based on any "necessity" or "social value" but is rather to be traced back to the historical function of the law as the right hand of the ruling power(s).
We also face a crisis in access to our civil justice system that affects consumers nationwide. Each year, thirty-eight million low and moderate income households need legal help, but are denied access to the American civil justice system, according to the American Bar Association. The vast majority of Americans who require legal assistance continue to have unmet needs because they simply cannot afford the $100 or more per hour in fees it takes to hire a lawyer. Part of the solution to this crisis in access lies in expanding the availability of less expensive legal services provided by non-lawyers. Instead of embracing these innovative methods of expanding access to the civil justice system, however, bar associations in state after state are misusing statutes that prohibit the “unauthorized practice of law” to threaten and intimidate non-lawyers who provide legal help to those who can’t afford an attorney. By supporting efforts to make innovative alternatives available, particularly to low and moderate income households, the consumer advocacy community can help to ensure that all Americans have access to our legal system." [emphasis added by LawPundit]
Since all monopolies corrupt and because the monopoly of the legal profession on the provision of legal services is no exception, it is no surprise to find a new attack by a State bar, this time on the provision of online legal information by people who are not members of the bar. As we can read in a posting by Richard Granat at Law That You Can Afford titled Connecticut Bar Attacks Non-Law Firm Legal Web Sites:
"[]the Chair of a Connecticut Bar Task Force examining non--lawyer legal information web sites, believes that these web sites are breaking the law by providing legal services in a state in which they're not licensed to practice, as reported in the Connecticut Law Tribune."Granat points to the obvious solution to this problem:
"If the Connecticut Bar can't distinguish between their self-interest in maintaining a monopoly over the delivery of legal services and the public's right to legal information ... perhaps the citizens of Connecticut should either strip the bar of its self-regulatory power, or further define what the "practice of law" means. That is what the citizens of Texas did, when the Texas Bar attempted to ban self-help law books and self-help legal software from being sold in the State of Texas."Unfortunately, the Connecticut Bar is not an isolated case. Legal monopolists can be found everywhere. HALT has listed some of its activities in battling against the monopolistic bar associations as follows:
"Here are just a few of our highlights from three decades of legal reform.We do not agree that there should be woe unto the lawyers. Law is a very important profession and its top echelons are filled with the best brains of the country. Every successful modern nation needs bright and competent people to run temporal affairs and there is no doubt from our side that law professionals are best suited among all the professions to do so - indeed, one of the disturbing things about recent elections to the U.S. Congress is the increasing number of elected representatives of the people who are not trained in the law and are often ill-prepared to fulfill their responsibilities.
1978—HALT–Help Abolish Legal Tyranny is founded to serve as the lone voice for America’s legal consumers.
1979—HALT publishes its first Citizens Legal Manual, Shopping for a Lawyer, to help consumers take control of their attorney-client relationships right from the start.
1984—Rosemary Furman, a legal secretary and stenographer, is sentenced to 30 days in jail after the Florida State Bar Association prosecutes her for filling out simple legal forms for people who can’t afford the exorbitant fees lawyers charge for the same service. She is only given a reprieve after the governor steps in, but she is barred from providing any future legal services.
1986—HALT hosts its first National Legal Reform Conference.
1996—The Virginia State Bar Association proposes banning nonlawyers from conducting real estate closings even though the practice has been in place in Virginia for nearly 15 years. The Bar Association only backs down when HALT, the Department of Justice and the Federal Trade Commission urge them to reject the proposal.
1998—HALT publishes a first of its kind consumer guide, Do-It-Yourself Law, to educate consumers about the growing number of self help kits, books and software programs on the market.
1999—HALT and other consumer advocates intervene after members of the Texas Bar Association get a federal judge to ban the sale or distribution of a software package, Quicken Family Lawyer, because they claim it is a “cyber lawyer” and therefore violates the state’s practice of law rules. The power grab only fails because HALT and other consumer advocates appeal to a higher court and the state legislature.
2002—HALT releases a national Report Card on Small Claims Courts and a national Report Card on Lawyer Discipline.
2003—The Arizona Supreme Court is forced to retreat from an earlier proposal that defined the practice of law far too broadly. The rule is only adopted after they provide an exception for certified legal document preparers.
2003—HALT forces the American Bar Association to back off from its controversial proposal to create a model definition of the practice of law which would have barred anyone but lawyers from providing any service that even remotely involved a legal question.
2005—HALT and other consumer groups persuade Governor Arnold Schwarzenegger to sign sweeping small claims reform legislation into law that raises the dollar limit, improves the quality of small claims judges and mandates improvements to the small claims advisory system.
2008—The Wisconsin Bar Association attempts to redefine the practice of law to cover every legal service imaginable. HALT steps in and, in comments to the Wisconsin Supreme Court, addresses the current legal accessibility crisis and urges them to reject the state bar association’s proposed rule. The State bar asks the Court for additional time to reconsider the issue.
2008—HALT turns 30!
2008—HALT launches www.fred rodell.com—to bring exposure to the critical legal reform thinking and key writings of the late Yale law professor and former HALT Advisory Board member Fred Rodell. The Web site posts Rodell’s out-of-print book, Woe Unto You Lawyers! "
Nevertheless, there is no need for the kind of monopoly that marks the practice of law today and no need for bar associations in their present monopolistic form. The exercise and application of power in the form of the rule of law is the basic realm of the practice of law and there is no reason to restrict that exercise to bar associations or their members.
Permalink : Andis Kaulins : 1/09/2010 02:48:00 PM
LAW PUNDIT Tuesday, January 05, 2010 1/05/2010 05:29:00 PM [Home]
[Print]
Preview Video of Google Nexus One and Google Android 2.1 from the ToyBox at ZDNet.com
Google will allegedly unveil its Nexus One phone today (Tuesday, January 5, 2009).
Here is a preview video from ZDNet at Google Android 2.1 walkthrough on Nexus One phone | The Toybox | ZDNet.com:
Someone has also circulated the alleged boot animation.
As usual, it is better to wait for the real thing.
Permalink : Andis Kaulins : 1/05/2010 05:29:00 PM
Preview Video of Google Nexus One and Google Android 2.1 from the ToyBox at ZDNet.com
Google will allegedly unveil its Nexus One phone today (Tuesday, January 5, 2009).
Here is a preview video from ZDNet at Google Android 2.1 walkthrough on Nexus One phone | The Toybox | ZDNet.com:
Someone has also circulated the alleged boot animation.
As usual, it is better to wait for the real thing.
Permalink : Andis Kaulins : 1/05/2010 05:29:00 PM
LAW PUNDIT 1/05/2010 02:10:00 AM [Home]
[Print]
Legal Recruiters Expect 2010 Will Be a Busy Year - News - ABA Journal
Debra Cassens Weiss writes that (slow) economic recovery is expected in the legal field and that:
Legal Recruiters Expect 2010 Will Be a Busy Year - News - ABA Journal
Permalink : Andis Kaulins : 1/05/2010 02:10:00 AM
Legal Recruiters Expect 2010 Will Be a Busy Year - News - ABA Journal
Debra Cassens Weiss writes that (slow) economic recovery is expected in the legal field and that:
Legal Recruiters Expect 2010 Will Be a Busy Year - News - ABA Journal
Permalink : Andis Kaulins : 1/05/2010 02:10:00 AM
LAW PUNDIT 1/05/2010 01:59:00 AM [Home]
[Print]
BigLaw Laid Off More than 12,000 People in 2009, the Worst Year Ever - News - ABA Journal
BigLaw Laid Off More than 12,000 People in 2009, the Worst Year Ever - News - ABA Journal
But there is a silver lining of sorts, as Debra Cassens Weiss writes:
Permalink : Andis Kaulins : 1/05/2010 01:59:00 AM
BigLaw Laid Off More than 12,000 People in 2009, the Worst Year Ever - News - ABA Journal
BigLaw Laid Off More than 12,000 People in 2009, the Worst Year Ever - News - ABA Journal
But there is a silver lining of sorts, as Debra Cassens Weiss writes:
"Last year was the worst year ever for layoffs at large law firms, but there is one bright spot in the statistics: The pace is slowing."
Permalink : Andis Kaulins : 1/05/2010 01:59:00 AM
LAW PUNDIT 1/05/2010 01:56:00 AM [Home]
[Print]
Recession Far From Over, Says Legal Directory Avvo's Consumer Data - News - ABA Journal
Recession Far From Over, Says Legal Directory Avvo's Consumer Data - News - ABA Journal
Permalink : Andis Kaulins : 1/05/2010 01:56:00 AM
Recession Far From Over, Says Legal Directory Avvo's Consumer Data - News - ABA Journal
Recession Far From Over, Says Legal Directory Avvo's Consumer Data - News - ABA Journal
Permalink : Andis Kaulins : 1/05/2010 01:56:00 AM
LAW PUNDIT 1/05/2010 12:51:00 AM [Home]
[Print]
Law Food? T.K. BURGERS : Voted Best Burgers in L.A. (Los Angeles) and Orange County
Law Food?
T.K. BURGERS: Voted Best Burgers in L.A. (Los Angeles) and Orange County
This is not an ad. We have a private reason for wanting to know what makes these Burgers so good. Drop us a comment at our mirror blog at LawPundit II.
Permalink : Andis Kaulins : 1/05/2010 12:51:00 AM
Law Food? T.K. BURGERS : Voted Best Burgers in L.A. (Los Angeles) and Orange County
Law Food?
T.K. BURGERS: Voted Best Burgers in L.A. (Los Angeles) and Orange County
This is not an ad. We have a private reason for wanting to know what makes these Burgers so good. Drop us a comment at our mirror blog at LawPundit II.
Permalink : Andis Kaulins : 1/05/2010 12:51:00 AM
LAW PUNDIT Monday, January 04, 2010 1/04/2010 11:32:00 PM [Home]
[Print]
Edward Hugh interviews Paul Krugman in Ten New Year Questions at A Fistful of Euros
At
A Fistful of Euros
Edward Hugh interviews Paul Krugman
in
Ten New Year Questions.
See:
Ten New Year Questions For Paul Krugman
Permalink : Andis Kaulins : 1/04/2010 11:32:00 PM
Edward Hugh interviews Paul Krugman in Ten New Year Questions at A Fistful of Euros
At
A Fistful of Euros
Edward Hugh interviews Paul Krugman
in
Ten New Year Questions.
See:
Ten New Year Questions For Paul Krugman
Permalink : Andis Kaulins : 1/04/2010 11:32:00 PM
LAW PUNDIT 1/04/2010 12:37:00 AM [Home]
[Print]
Libel Reform Campaign - Free Speech Is Not For Sale : Libel Law Reform in the United Kingdom (UK)
There is a strong ongoing movement in the United Kingdom to reform the libel laws.
See Libel Reform Campaign - Free Speech Is Not For Sale
Permalink : Andis Kaulins : 1/04/2010 12:37:00 AM
Libel Reform Campaign - Free Speech Is Not For Sale : Libel Law Reform in the United Kingdom (UK)
There is a strong ongoing movement in the United Kingdom to reform the libel laws.
See Libel Reform Campaign - Free Speech Is Not For Sale
Permalink : Andis Kaulins : 1/04/2010 12:37:00 AM
LAW PUNDIT Sunday, January 03, 2010 1/03/2010 07:46:00 PM [Home]
[Print]
U.S. Supreme Court Oral Argument Calendar starting 3 January 2010 : Legal Information Institute (LII) Cornell University Law School
The Legal Information Institute (LII) at Cornell University Law School has a calendar of U.S. Supreme Court oral arguments starting 3 January 2010.
Permalink : Andis Kaulins : 1/03/2010 07:46:00 PM
U.S. Supreme Court Oral Argument Calendar starting 3 January 2010 : Legal Information Institute (LII) Cornell University Law School
The Legal Information Institute (LII) at Cornell University Law School has a calendar of U.S. Supreme Court oral arguments starting 3 January 2010.
Permalink : Andis Kaulins : 1/03/2010 07:46:00 PM
LAW PUNDIT Saturday, January 02, 2010 1/02/2010 08:41:00 PM [Home]
[Print]
Law and Music in 2010: All the Rules of the Music Business Have Been Remade - NYTimes.com
All the Rules of the Music Business Have Been Remade - NYTimes.com
Permalink : Andis Kaulins : 1/02/2010 08:41:00 PM
Law and Music in 2010: All the Rules of the Music Business Have Been Remade - NYTimes.com
All the Rules of the Music Business Have Been Remade - NYTimes.com
"By now, in 2010, we’re all geeks, conversant with file formats and software players. Our cellphone/camera/music player/Web browser gadgets fit in a pocket, with their little LCD screens beckoning."
Permalink : Andis Kaulins : 1/02/2010 08:41:00 PM
LAW PUNDIT 1/02/2010 08:07:00 PM [Home]
[Print]
Lawmakers tweet their 2010 greetings - The Hill's Twitter Room
Lawmakers tweet their 2010 greetings - The Hill's Twitter Room
Permalink : Andis Kaulins : 1/02/2010 08:07:00 PM
Lawmakers tweet their 2010 greetings - The Hill's Twitter Room
Lawmakers tweet their 2010 greetings - The Hill's Twitter Room
Permalink : Andis Kaulins : 1/02/2010 08:07:00 PM
LAW PUNDIT 1/02/2010 05:45:00 PM [Home]
[Print]
January 1, 2010 : New Laws covering texting, tanning beds, trans fat take effect in 2010 - CNN.com
January 1, 2010 : New Laws covering texting, tanning beds, trans fat take effect in 2010 - CNN.com
LAW PUNDIT 1/02/2010 05:32:00 PM [Home]
[Print]
2010 Market Could be Greatest Bull of Modern Age -- Seeking Alpha
2010 Market Could be Greatest Bull of Modern Age -- Seeking Alpha
Permalink : Andis Kaulins : 1/02/2010 05:32:00 PM
2010 Market Could be Greatest Bull of Modern Age -- Seeking Alpha
2010 Market Could be Greatest Bull of Modern Age -- Seeking Alpha
Permalink : Andis Kaulins : 1/02/2010 05:32:00 PM
LAW PUNDIT Friday, January 01, 2010 1/01/2010 10:23:00 PM [Home]
[Print]
Paul Krugman at NYTimes.com pinpoints the world's number one economic problem in the Chinese Year of the Tiger : China and Chinese Mercantilism
Paul Krugman - Chinese New Year - NYTimes.com:
Hat tip to CaryGEE.
Permalink : Andis Kaulins : 1/01/2010 10:23:00 PM
Paul Krugman at NYTimes.com pinpoints the world's number one economic problem in the Chinese Year of the Tiger : China and Chinese Mercantilism
Paul Krugman - Chinese New Year - NYTimes.com:
"The bottom line is that Chinese mercantilism is a growing problem, and the victims of that mercantilism have little to lose from a trade confrontation."
Hat tip to CaryGEE.
Permalink : Andis Kaulins : 1/01/2010 10:23:00 PM
LAW PUNDIT 1/01/2010 03:45:00 PM [Home]
[Print]
HAPPY NEW YEAR 2010 and WELCOME TO THE NEW DECADE OF THE 2010s - THE TEENS which follow THE AUGHTS (2000s)
HAPPY NEW YEAR 2010!
The New Year always begins for us with the televized live New Year's Concert (in German "Neujahrskonzert") of the Vienna Philharmonic (Wiener Philharmoniker) which is broadcast worldwide (ca. 11:15 a.m. European time) and this year reached a record 72 countries.
Each year a conductor of world renown is invited to conduct the orchestra and today it was the amazingly dynamic 85-year old French conductor Georges Prêtre ("his interests include riding, swimming, aviation, judo, and karate") whose presentation in 2008 was so warmly received that he was invited again for 2010, conducting in a manner which we to us reflects "the Vienna style".
This year's concert proved to be an absolutely spectacular presentation sponsored by Rolex, who must have put a lot of money into this year's concert, judging by the sheer professionality and extravagance of the production.
For example, the 77-year old Italian fashion designer Valentino (Valentino Garavani) was enticed out of retirement to design 18 ballet dresses for two ballets danced for the first time at the Museum of Art History in Vienna (Kunsthistorisches Museum, KHM). We heard comments that these were the most beautiful, feminine ballet dresses that some people had ever seen.
The conductor in 2011 will be Franz Welser-Möst, "who in 2010 becomes the General Music Director of the Vienna State Opera. Franz Welser-Möst has been musical director in Nörrköping and Winterthur, principal conductor of the London Philharmonic Orchestra and Music Director of the Zurich Opera. Since 2002 he has been Music Director of the Cleveland Orchestra."
The concert is so popular that each year lots are drawn for the privilege of buying tickets, and registration for the ticket drawing commences this year on January 2 and ends on January 23. A registration from MUST be filled out and each registrant can register once only (multiple registrations are ignored) for any or all of three concerts: the Preview Performance (Dec. 30, 2010, 11:00 AM), the New Year's Eve Concert (December 31, 2010, 7:30 PM,), and the New Year's Concert (January 1, 2011, 11:15 AM). No one can obtain more than two tickets and prices range up to €940 per seat for the New Year's Concert, which is the most expensive concert of the three in terms of tickets. (See Ticket Drawing.)
Permalink : Andis Kaulins : 1/01/2010 03:45:00 PM
HAPPY NEW YEAR 2010 and WELCOME TO THE NEW DECADE OF THE 2010s - THE TEENS which follow THE AUGHTS (2000s)
HAPPY NEW YEAR 2010!
The New Year always begins for us with the televized live New Year's Concert (in German "Neujahrskonzert") of the Vienna Philharmonic (Wiener Philharmoniker) which is broadcast worldwide (ca. 11:15 a.m. European time) and this year reached a record 72 countries.
Each year a conductor of world renown is invited to conduct the orchestra and today it was the amazingly dynamic 85-year old French conductor Georges Prêtre ("his interests include riding, swimming, aviation, judo, and karate") whose presentation in 2008 was so warmly received that he was invited again for 2010, conducting in a manner which we to us reflects "the Vienna style".
This year's concert proved to be an absolutely spectacular presentation sponsored by Rolex, who must have put a lot of money into this year's concert, judging by the sheer professionality and extravagance of the production.
For example, the 77-year old Italian fashion designer Valentino (Valentino Garavani) was enticed out of retirement to design 18 ballet dresses for two ballets danced for the first time at the Museum of Art History in Vienna (Kunsthistorisches Museum, KHM). We heard comments that these were the most beautiful, feminine ballet dresses that some people had ever seen.
The conductor in 2011 will be Franz Welser-Möst, "who in 2010 becomes the General Music Director of the Vienna State Opera. Franz Welser-Möst has been musical director in Nörrköping and Winterthur, principal conductor of the London Philharmonic Orchestra and Music Director of the Zurich Opera. Since 2002 he has been Music Director of the Cleveland Orchestra."
The concert is so popular that each year lots are drawn for the privilege of buying tickets, and registration for the ticket drawing commences this year on January 2 and ends on January 23. A registration from MUST be filled out and each registrant can register once only (multiple registrations are ignored) for any or all of three concerts: the Preview Performance (Dec. 30, 2010, 11:00 AM), the New Year's Eve Concert (December 31, 2010, 7:30 PM,), and the New Year's Concert (January 1, 2011, 11:15 AM). No one can obtain more than two tickets and prices range up to €940 per seat for the New Year's Concert, which is the most expensive concert of the three in terms of tickets. (See Ticket Drawing.)
Permalink : Andis Kaulins : 1/01/2010 03:45:00 PM
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