Legal Law

If that’s the law then

The 19th century British author, Charles Dickens, once worked as a clerk at a law firm, and many of the characters in his novels were derived from clients he met while working at the firm. In one of his novels from the 1840s, I don’t remember which Dickens novel was, there was a colloquium between two of the characters. The first character explains the operation of a new British law that had just come into effect for the second character. Upon learning of the new law, the second character responds in disbelief: “Sir, if that’s the law, then the law is an ass!” Since reading the Dickens novel whose title I do remember, I have often read about new laws or legal rulings that remind me that Dickens’s character was right in describing the “law as an ass.” Here’s a case that I remember writing about at the time.

In 2008, the US Court of Appeals for the Second Circuit struck down a recently enacted New York law that required airlines to provide food, water, clean toilets and fresh air to passengers trapped in delayed planes. The law was struck down by the court, which noted that while the move was well-intentioned, it violated federal authority.

The law was passed after thousands of passengers were stranded for up to 10 hours on multiple JetBlue Airways flights at Kennedy International Airport on Valentine’s Day in 2007. Passengers complained that they were deprived of food and water and that the bathrooms overflowed. A month later, passengers from other airlines were stranded aboard other airlines at Kennedy after an ice storm.

The law was challenged by the Air Transportation Association of America, the industry trade group that represents major American airlines. Strange that this trade group appears to be advocating for passengers to be deprived of food, water and clean toilets on stranded commercial airliners.

The Second Circuit held that while the objectives of the law were “laudable” and the circumstances that led to its adoption “deplorable,” only the federal government has the authority to pass such regulations. The doctrine of preference establishes that, under the Commerce Clause, federal rules that protect the health, safety, and well-being of people traveling to our country must take precedence and prevail or override any statute of state law that is refer to the same topic. Certainly, we can understand the doctrine of federal preference; however, in this case we should say, “Lord, if that’s the law, then the law is an ass!”

See: Air Transport Ass’n of America, Inc. v. Cuomo, No. 07-5771-cv, slip op (2d Cir. March 25, 2008). 2008 US Application Lexis 6130

Legal Law

How Flexibility Can Make You Gloriously Rich

The late Gerald M. Loeb, who died in 1975, understood the value of flexibility and made a fortune applying this simple distinction.

In his book, The Battle for Investment Survival, he used a specific formula to maximize his profits and minimize his losses on the fickle stock market. Using this formula, it took advantage of the boom of the 50s and 60s and survived the market crash in 1969.

Its principles are still valid in today’s market and also in other areas of life.

This is how the formula worked:

1. Select an action to buy.

2. Make your selection on the basis of a rational investigation of the facts, expert advice, and intuitive judgment.

3. Recognize that despite your extensive action research, your future is still uncertain.

4. After you buy the shares, several things can happen:

a) The price could go down.

b) The price may rise a bit before falling.

c) The price can rise for a long time before falling.

Only one pattern is certain: sooner or later the price will go down.

5. When the price starts to drop, wait for it to drop by at least ten to fifteen percent. When you do, cut your losses. Sell ​​at the chosen percentage level. Forget waiting for the price to go up again. Sell ​​before you get hurt. Loeb’s formula, in essence, is that you must be willing to accept only small losses.

6. As long as a stock goes up, consider it a success, but as soon as it goes below a certain level let it drop like a hot potato.

In your own life, recognize that there are many situations in life that are like the stock market: they fluctuate, sometimes they seem positive, sometimes negative. The best way to deal with these events is to learn to maximize profits and minimize losses. These situations can be related to careers, relationships, projects, practically anything that has a life cycle.

Also, sometimes consistency is a virtue, sometimes it is not. Often you have to decide.

Emerson once said that a foolish consistency is the goblin of little minds. The key word here is “dumb”. Sometimes it is necessary to be consistent in order to move towards a higher level of understanding and achievement, as in, for example, a research endeavor. And sometimes you need to reevaluate a situation to see if it gets you where you really want to go, as in, for example, a career as a chemist.

Success has the ability to craft two illusions. One is the illusion of dominance. The other is the illusion of control. But life works on a different principle … the principle of change and uncertainty. Acknowledge this fact, rather than fight it. We all know stories about people or corporations, who seem to have mastered their particular discipline and who seem to be in full control of their results, then when conditions change they fall apart because they are still operating with those skills that once worked.

Flexibility, then, or adaptation to change is a fundamental principle for success. Dinosaurs weren’t flexible. Humanity has been flexible. Magnificent civilizations have flourished during their era of expansion and flexibility, but when they created inflexible rules of control and changed conditions, they collapsed. So how much more fragile is the average person living in our fast-paced world. As technology accelerates, many skills become obsolete and there is a need for flexibility to adapt to the changes to come.

Change is part of life. Learn to navigate your course in life with the winds of change. What you have invested in the past is not a sure indication of what you will need in the future.

There are mainly two reasons for making a change. One, opportunity has floated into view and you must bravely sixteen. Two, the opportunity has been missed and you need to get away before things get worse.

How do you balance flexibility with consistency? Consistency must be pursued while resources last and there is a predictable chance that things will improve.
Flexibility should be sought when you can progress further by doing something else with the resources you have.

While flexibility and consistency are opposite principles, there is a time for each, and that is why both are legitimate principles of success.

Another interesting duality closely tied to flexibility and consistency is the duality of pessimism and optimism. Although in most cases pessimism is destructive and optimism constructive, there are exceptions.

Healthy pessimism can be constructive and naive optimism can be destructive.

Healthy pessimism is accepting that things can go wrong and preparing to deal with it with solutions. Opening a savings account, for example, is one solution. In effect, you are saying, “I may not always make as much money as I do today,” or you could be saying, “I am preparing money to invest in future opportunities.” Either way, you face the future with a solution to a problem or an opportunity.

Naive optimism, using the same example about saving, is choosing not to save, because you believe that things will always flow smoothly.

Change is inherent in life. It is also something that we insert into our lives. We can choose to change. Again, this is not a simple proposition. Change, in itself, for the sake of excitement, is not always beneficial. Change brought on by boredom or restlessness is often too haphazard to be successful. In the job market, for example, it is a loss of momentum to simply jump from job to job. It is a gain of momentum if the change is intentional, if it is a movement from a lower state to a higher state, a movement towards more opportunities or more profits.

conclusion

A university professor at the University of Michigan, Dr. E. Louis Mahigel, was once a professional poker player. He said he learned valuable lessons about the flexibility of the game. “An outstanding characteristic of the successful player,” he noted, “is that he knows how and when to get out of the hand and cut his losses. Of course, he knows all the mathematical probabilities by heart, which gives him an advantage over most of the others. People rush, but their main advantage is in the area of ​​excitement. When the odds say they probably won’t win, they don’t argue; they just put their money in the pot and lay down their cards. The chronic loser isn’t emotionally equipped to do that. He is so desperate not to lose his investment that he takes wild risks to protect it. “

Legal Law

About Ann Rule: True Crime Book Writer

Ann Rule was born on October 22, 1935, in Lowell, Michigan. She was born Ann Stackhouse. Ann Rule’s introduction to writing true crime stories reads like a very interesting story in its own right.

She developed a love for true crime stories by reading True Detective and after this she decided to start writing. In 1969, an editor decided to test it out on a story when a job in the Northwest became available. Her first story was accepted, but she was told to take a male pseudonym because it was believed that readers would not believe that a woman would know anything about police investigations despite having had a brief stint as a police officer in the Seattle Police Department. . Then he started writing for True Detective as Andy Stack and the name was chosen from his maiden name which is Stackhouse, people used to call his father Stack and Andy is from his son’s name which is Andy Stack Rule.

After proving herself writing articles for a few magazines, including Master Detective, Inside Detective, Front Page Detective, and Office Detective, she was invited to start writing under her own name, which she declined because she was concerned for her safety and the safety of his family. by then she was a single mother raising four children. During that time, he also decided to expand his bachelor’s degree from the University of Washington by earning a two-year degree in police science. Right now, she was just writing articles and then she found the topic that would ease her transition from article writing to books.

It was in 1974 that several attractive young women began disappearing in the Pacific Northwest. He decided to start investigating this story and at the time the case was still unsolved. As time passed, it became clear that the killer was Ted Bundy, a friend of Ann Rule and a former colleague on a suicide hotline at the King County Crisis Clinic. That’s where the book, The Stranger Beside me, was born, which is about Ted Bundy, the serial killer. This book began her career as a true crime book writer.

One of her later books, which she described as the only book that paid all the bills, was titled Small Sacrifices, which is about the mother Diane Downs who tried to kill her three children because the man she was chasing did not want children. She only managed to kill her only son, Cheryl, but left one paralyzed from the waist down and the other paralyzed on one side of the body.

Ann Rule was also part of the task force that created Vi-Cap, which is a computerized tracking system designed to identify serial killers. Since then, he has written many books on real crimes and now also gives seminars to police groups. He prefers to write about cases that are not very prominently reported in the media, which he refers to as dormant cases.

Legal Law

Ted Bundy: The Boy Next Door

He was 31 years old in 1978. He was a handsome man, according to most people. His physical characteristics would have looked good in a personal ad on the back of any local newspaper or on a singles website. He was tall, slim, and his height and weight were commensurate with his slim, athletic build. He attended law school and also had a degree in psychology. He played tennis at local country clubs and wore white tennis shoes. His name was Theodore Robert Bundy. His friends called him “Ted.”

When referring to Ted, most people commented that he was handsome, handsome, or attractive. “There was a special elegance about him,” writes Richard W. Larsen, Bundy: the deliberate stranger. Even the men envied her good looks and long brown hair, Larsen continues. Ted was often described using words like: “very sharp young man” or “good looking young man” or “quite handsome” or “terribly charismatic” or “quite elegant” or “impeccable”. Even Ted’s fourth-grade teacher remembered him as a “happy, well-adjusted child … always eager to learn,” explains Larsen.

In 1972, Ted received a bachelor’s degree in psychology and had been active in the Republican campaign and political efforts. Then the following year, in 1973, he was an assistant for a few months to Ross Davis, chairman of the Washington State Republican Party, who then recalled that “Ted was a super bright guy” and an “efficient worker,” writes Larsen, in as far as what Davis said. Davis’s wife Sarah exclaimed during this same interview that, “We all love Ted.”

Those who knew Ted considered him intelligent, eloquent and self-assured. “All the praise, all the praise-filled memories of Ted fitted together to form a portrait of a brilliant young man of accomplishment, warmth and sincerity,” sums up Larsen.

Then, three years later, in 1975, some news reporters had called the Intermountain States Law Enforcement Conference the “Ted Squad” because thirty detectives and prosecutors had gathered in Aspen “to compare dozens of similar cases. unsolved of murdered girls and young women in various states: California, Oregon, Washington, Utah, Colorado, “Larsen explains. Attention and interest in Ted Bundy had begun to circulate among police officers and detectives. Young women disappeared under suspicious circumstances and with alarming frequency.

The “Ted Squad” did not deter Ted; however, the publicity only seemed to have encouraged him. Ted’s grandiose vision of himself and his narcissistic tendencies began to surface as he welcomed attention and celebrity after his arrest and during his trial. He was obviously “lighthearted” after his release from jail, Larsen explains, and even bragged that he viewed his jail time as an “eight-week, county-paid course in the criminal justice system.” Ted’s confidence was also seen after some preliminary court hearings when he told reporters in the hall that he liked a trial, wanted to clear his name and wanted “everything to come out,” Larsen says.

Investigations into the deaths of so many victims with similar physical appearance continued. Women who had known Ted were asked during police interviews about Ted’s sexual preferences. A former friend described sex with Ted as more of a “slam-bam-thanks-ma’am sex act,” reports Larsen. Cas Richter, Ted’s longtime girlfriend, reported in a separate interview how Ted began experimenting with various sexual movements and methods. He had once asked if he could tie her up. Initially he agreed, but after three or four times, he decided he didn’t like it and interrupted him. She later recalled that while she was tied up, Ted strangled her.

Ted’s sexual behavior began to become a profile. Yet despite thousands of interviews, detectives were never able to “uncover any evidence of homosexual tendencies or activities in Bundy’s life,” explains Larsen, which, according to most law enforcement agencies, would have been “an expected feature in a man suspected of violence against women. “

The sexual behavior of a suspect is of vital importance to investigators. Sexual deviance, specifically homosexuality and a preference for anal sex, is an important clue to the underlying psychological symptoms or personality traits that motivate certain behaviors; particularly when the suspect is a sexual sadist. “Some examiners consider this behavior [anal sex] sadistic in any context because it involved inflicting pain on a victim associated with a sexual act, “writes Brent E. Turvey, author of Criminal Profiling: An Introduction to Behavioral Evidence Analysis.

There were numerous accounts of “Bundy’s necrophilia and other fantasy-oriented postmortem behaviors,” Turvey continues. The offender’s psychosexual orientation is a critical factor in assessing the offender’s motives and behaviors. Considering that most of Ted’s victims were no longer alive to describe their sexual behaviors, the police relied on descriptions given by former friends during interviews to help them uncover the animal characteristics ingrained in a sadist’s psyche. Sexual homicide victims cannot afford to testify.

Psychologists and criminologists analyze the characteristics of behavior from different and separate perspectives. The psychologist specializes in diagnosing specific and known individuals to determine if a mental illness exists. Criminologists develop typologies of offender behavior from unknown suspects based on experience, crime statistics, and analysis of crime scene behavior and potential suspects. However, each group agrees with general behavioral assumptions regarding the complex makeup of a sexual sadist. “Psychopathy and sadism are classifications of offenders that are determined by behavior,” explains Turvey. This means that the offender’s behavior largely determines the diagnosis. Ted “is widely known as a psychopathic sexual sadist,” says Turvey.

The main feature of sadism is “the intentional imposition of psychological or physical suffering on a aware victim, capable of experiencing pain or humiliation for the purpose of sexual gratification from the offender, “Turvey continues. Sexual sadism was the primary motive for Ted Bundy’s criminal behavior and the subsequent murder of at least thirty-three young victims in early 2000. the 1970s.

Ted did not live among the most vulnerable in society, as everyone involved in the Ted Bundy investigation reported; instead, he interacted with business and political leaders while hiding his preferred weapons that he carried with him in his yellow Volkswagen bug. Ted was the man who could blend and blend into the fabric of society with intellectual sophistication. He was socially adept and able to fluctuate from murder to murder for almost ten years without being caught. He was a handsome man, according to most people. He did not “look” like a criminal.

Ted’s physical characteristics would have looked good in a personal ad on the back of any local newspaper or posted on any singles website. He was handsome, tall and slim with his height and weight commensurate. He had a fashionable haircut. Most of the women would have responded to your personal ad and were proud to display it in public. He was the kind of man who could influence men and persuade women. He always knew what to wear and always wore a smile. He was the kind of man that most people would call “nice.”

Then, on February 10, 1978, he was added to the Federal Bureau of Investigation’s list of the ten most wanted fugitives. Almost ten years passed before he was convicted; and, just over ten years before he was executed by the electric chair on January 24, 1989. He was 42 years old. His name was Theodore “Ted” Robert Bundy.

His name was Theodore Robert Bundy, but his friends called him “Ted.” It could have been any name or username you used to identify yourself. This “Ted” was a typical sociopath with sadistic tendencies. His sadistic nature is demonstrated through the pleasure he got from the physical pain and torture he inflicted on women. Sociopathic tendencies are demonstrated through Ted’s complete lack of conscience that allowed him to commit heinous crimes without feelings of guilt or remorse. He knew what he wanted and what he should look for. His actions were premeditated and precise. He could work during the day and murder at night.

“Ted” also chose his victims well. He knew his “type.” He preferred women with long auburn hair, which was usually long enough to reach his shoulders and therefore flow effortlessly in the breeze. He was drawn to traditional beauty and was handsome enough to acquire it. His best weapon was his charm and sophistication. He mingled with upper-class society and thus spent his time with the “in” crowds. He lured his victims with stratagems and always brought an accessory.

He didn’t look like a criminal. He looked like the guy next door, the man behind you, the man on the bus, or the one sitting next to you in the office. He knew how to “blend in” in almost any situation. You could mix with the best or go unnoticed. He was the kind of man people would stand up for, and even after being shown multiple facts or evidence in a courtroom, there would always be someone who would comment to the police officer or comment to reporters that he would “never do that” . He was the kind of man that everyone loved and everyone loved to follow. He was the man everyone wanted to know and get to know better. It was the man with a gift in one hand and a knife in the other. He was the “happy hand” and the “candy man”. He was the kind of man no one ever suspects.

Legal Law

My father’s funeral in Arlington

After our limo passed through the Arlington Cemetery gates, I looked to the left and saw two parents visiting their son or daughter. They sat on lawn chairs in front of a grave. It wasn’t the formation of “lost man” planes that flew over my head that made me cry. It wasn’t the horse-drawn coffin that vanished against the silhouette of the trees that saddened me. The men with guns, who were firing into the sky in homage, began to pursue me. It was the sacrifice and the pain of the loss that saddened me. All these men and women around me gave their lives for this country. He was sad for his parents, wives, and children. My father was older when he passed away. He lived a long and successful life. Most of the military men buried in Arlington did not have the same opportunity. This is what my father would communicate to me, if he had been there.

Charles Bernard Kenning, an attorney, was buried in Arlington Cemetery with full military honors in February 2009. He was uncompromising, uncompromising, and strong. It would remind us that freedom is always at stake; He will ask you to respect the law.

Junior lawyers learn to isolate, manipulate, and alter truths; however, Charles Kenning believed that, in truth, there is no compromise. Our Founding Fathers fought tyranny with truth, values, compassion, and the rule of law. He believed that these men created the greatest democracy in history. Our Founding Fathers were great intellects. Many of them were not only statesmen, but also university presidents, lawyers, and parents.

They studied, sought and fought for ideals such as justice and individual freedom and human dignity. It is this story that brought the United States of America out of the world. It is this framework that created a people who possess the power to vote, work and speak freely in the pursuit of happiness. Charles Kenning would ask us not to allow our pontiffs to blind us with falsehoods, taxes, misinterpretations of the law. Unpaid bills and rewritten rules that will lead our children into an era of economic, political and social slavery.

This message was consistent with his actions. Charles B. Kenning was shot down in Germany on his 23rd mission in 1944. In the prison camp, he was aware of American rights and explained the Geneva Convention to his captors. All that was left to protect their camp, at that point in their war experience, were frightened young Germans with big guns. My father was lucky to speak German.

Like our ancestors, Charles Kenning fought for democracy and the rights of the individual. Upon leaving the prison camp, “Life Magazine” captured and published an image of the event that marked his departure. With crutches in hand, he broke the Nazi flag. It was this image that alerted his mother, who was thousands of miles away: her son was alive. With spirit intact, he would return home. Sonny-boy, as Nana would call him, would tell them that we must honor, uphold, and respect the conventions of the law and our constitution.

Charles B. Kenning graduated from Georgetown University and soon after passed several bar exams offered on the DC Beltway. The screw that was drilled through his leg to prop up his ankle, during the war, did not hinder his forward momentum. It was this tenacity with which he approached his love of freedom. In life, his spirit was unaffected. In illness and near death, he did not complain.

Charles B. Kenning was a collector. He collected cars, boats, and books. Few people know that he owned each and every law book that the West Publishing Company ever produced. Thousands of square feet of law library were meticulously lined up in our home. When I was a teenager, I remember learning that this was strange. Friends came to play and then came back in groups for the library tour and to buy snacks. I soon learned not to invite anyone into that part of the house. I didn’t want to be different; all the other houses in Pittsford were not built on foundations that reflected an underground city equipped with libraries and food-filled fog shelters.

In college, my sisters and I started calling this part of our home “Chuck’s-Mart.” The prices were correct, after all. Anyone can find a free book or feed the entire bedroom if necessary. There was no need for a blue light special at Old Farm Circle. He never realized that books or groceries were missing. The filthy and hungry masses who walked through our doors appreciated this oversight.

When my father became disabled, his beloved library moved to Albany, New York, and became the best part of a student law library. He would have liked to join them in their studies. After law school, he taught law at John Fisher College. He was the type of teacher who wanted students to read and actively discuss topics. However, when discussing a point with Charles Kenning, you’d better get the facts right. He was not an easy teacher.

If Professor Kenning were alive today, he would ask students to read the bills that Congress is proposing. He invited his students to actively discuss the issues. I would like the precedence and contrasting positions to be justified. Professor Kenning would have been disappointed by a government and a people who did his reading. Congressmen, who do not read the bills, have equally horrified him. He was neither a compromising person nor an easy man.

I could imagine Mr. Kenning saying something like; “Some advocates of rewriting and creating new laws have learned that in chaos, there are opportunities. But in true freedom, there is only the rule of law.” My father would say that the truth cannot be masked in bills and in revisionist history. Our history is clear, our founders were forthright, and our agenda as a people is predestined. It is our duty, our right and our privilege to live in freedom and defend the constitution. As leaders, we must hold our legislators, politicians, and families to high standards.

Charles B. Kenning did not obscure the truth to gain political power, popularity, fame, or financial gain. He was a student of American History. who believed in defending the law. He had great love and respect for the constitution. I would ask you to hope to protect your children and future generations with the same document. He was adamant in this belief.

My sister relates a conversation she would have with her children. It would start out as a question; “Did you do the best you could?” If you answered “Yes”, there was more to follow “… if that’s the best you can do, you’ve done enough.” Then I would add the touch; “Now go help someone else do better.” He was unwavering and stubborn.

Legal Law

Hiring the Right Real Estate Attorney

Investing in property is a very important decision in life. You are going to invest all your savings, in some cases a sizeable loan, in the purchase of a property that you will appreciate for the rest of your life. You don’t want to spend that money buying something that isn’t worth it. Being cheated is often possible, especially when you are involved in investments. Even if you are not really misled about the property, you can always be misled when signing an agreement or making that purchase decision. You may be asked to accept clauses that are not legal or something like that. It is always good to hire a real estate law firm to provide you with the perfect legal advice in such cases. After all, when you are investing a lot of money in the purchase of a property, investing a small amount in an attorney is a good idea to protect legal matters. When hiring a law firm or your attorney, there are some aspects that you should not ignore. Here’s how you select the right real estate attorney for your property-related investment.

References or relationships

A good real estate attorney could be accomplished with good relationships. Probably when you dealt with a law firm on your last deal, you made good relations with them. This would also help you in your current dealings. But, if not, try to get good references. Your neighbor, relative, or best friend may have hired a real estate law firm in the past when selling or buying a property. You can ask them about it and get a good deal. Hiring a real estate law firm from past references or offers makes sense as you get the right attorney. Remember, it is about your property and the legalities of that property. So you have to make the right choice here.

Of the Bar Association

If you don’t have any of the sources listed above, you could probably contact your state bar association for help with your state. They can provide you with a list of attorneys who deal with real estate on a daily basis. In fact, you can even create lists of law firms that deal with real estate. The two together make for good research and comparison. You can ask the people around you and do some research before choosing the right attorney.

Check your List

Once you have compiled a list of attorneys, you can probably consult some of them in person. These one-on-one meetings can help you understand whether they have the right experience and talent to assist you in negotiating your property. You can even seek legal advice during these consultations. If you think the lawyer is right for you, you can close the deal with him and hire him right away.

The legal part in real estate matters is very important. So be sure to spend enough time and money to hire the right attorney.

Legal Law

Business lessons from history

Harry Truman declared, “The only new thing in the world is the story you don’t know.” Truman spent many years studying the history of those who came before him. His study paid off. Truman today is considered one of the most important presidents of the United States. The reason history is important is because we live in a universe of cause and effect. Similar options produce similar results at the individual (micro) and national (macro) level. History is the history of the decisions made and the results of those decisions. LESSON ONE: Find out what worked and what didn’t, and why You can use the story as a case study in business school. Example: Mark Twain became a partner in a publisher, Webster & Co., which published “Personal Memoirs of the American Grant.” Twain also obtained the rights to the authorized biography of Pope Leo III. The first book became a bestseller. The second sold poorly. Both posts seemed like good ideas. Twain assumed that buying the pope’s biography would be a must-read for American Catholics. It was not. At the time, many working-class Irish and German Catholics could not read and those who could had little discretionary income to buy books. Grant’s memoirs became a literary and financial triumph because they were written by a popular president who had just died, they provided a privileged account of the Civil War, which was a fascinating subject for millions, and they were so well written. (See Fred Kaplan, “The Singular Mark Twain.” NY: 2003, Doubleday, pp. 422, 423)
LESSON TWO: There is magic in thinking Big Ted Turner is the most thinking person I have ever met personally. He literally changed the world with CNN. Changing the world is exactly what he intended to do. I was an on-air host and producer on TBS when CNN was being planned. But I had no idea how big Ted was thinking. And where did Ted Turner get his inspiration from? From history. One of Turner’s favorite characters when he was young was Alexander the Great, who is said to have wept because he had no more worlds to conquer. An in-depth study of history can raise your aspirations. When you discover what others have been able to accomplish under adverse conditions and often with little benefit, you may hear a voice within you saying, “I can do something important too.” “Do not make small plans; they have no magic to remove the blood of men.” The quote is from Daniel H. Burnham. Here’s a miniature sketch of the man behind the quote. Burnham, who is the subject of Erik Larson’s beautifully written new book “The Devil in the White City,” was the man who made the Chicago World’s Fair possible. He was Director of Works, World’s Columbian Exposition, 1893. Burnham and his partner John Wellborn Root designed some of Chicago’s first skyscrapers. His plan for Chicago was used for many years and is considered a classic example of urban planning. The “Time Tactics of Highly Successful People” book contains a comprehensive section on how high achievers make plans. For information on how to obtain this book, visit http://www.achievementdigest.com/timetacticsofverysuccessfulpeople.html LINCOLN REGISTRATION Lincoln still influences decisions. Christie Hefner, president and CEO of Playboy Enterprises, recently told a New York Times writer that she had learned an invaluable leadership lesson from Lincoln. Here’s a quote from that interview: “In leadership, it’s not about what you say; it’s about what the other person hears. If you articulate yourself well, like Lincoln, you have a tendency to think, ‘I made myself Very clear. ‘But the point is, Lincoln realizes, what did the other person hear? “You generally think of Lincoln as a politician, which he was, but his calling was the law. He served about 1,500 days as president and 23 years as a lawyer. During that time he treated approximately 5,000 cases, an average of about 200 a year. In the huge Eighth Judicial Circuit of Central Illinois, Lincoln had the highest number of individual cases. During his career, Lincoln was involved in 15 murder cases. Of these, four men were found innocent (one for insanity), two were charged but not prosecuted, one escaped during trial, six were convicted of the lesser charge of murder, and only two were found guilty and sentenced to hang. (Lincoln Legal Briefs, July-September 1996, No. 39)

A quaint note has survived from one of Lincoln’s civil cases in the 1850s. “If you settle, I won’t charge anything for what I’ve done, and thank you too. By settling, you’ll probably get your money sooner. and with much less hassle and expense. ” (Journal of the Abraham Lincoln Assn., Vol. 16, No. 2, pp. 4, 5) Lincoln understood that commitment is necessary in everyday life. “Persuade your neighbors to compromise whenever you can,” he wrote at a conference for lawyers. “Point out that the nominal winner is usually a real loser – in fees, expenses, and waste of time.” Learn how Lincoln communicates on the recently released “Lincoln On Communication” DVD. It is widely used as an instruction manual in leadership and communication programs, but it is also valuable for self-study. Comes with an instructor guide. For information on how to obtain this valuable resource, go to http://www.achievementdigest.com/lincoln%20on%20communication.html Another Lincoln resource is the book “The Words of Lincoln Lived.” For information, visit http://www.achievementdigest.com/thewordslincolnlivedby.html. The book is available as a spoken audio tape. For information, visit http://www.achievementdigest.com/inspirationalwords.html Quantity pricing is available. One of our readers ordered 200 copies to give to clients and prospects. This article are excerpts from The Achievement Digest www.achievementdigest.com
(For a free subscription, go to www.achievementdigest.com and follow the instructions.)

Gene Griessman, Ph.D. Editor and publisher www.achievementdigest.com

Legal Law

How Florida’s New Electronic Discovery Rules Will Affect Your Business

What happens if a competitor steals proprietary information about your business, and in the subsequent lawsuit, the judge orders the jury to make an adverse inference that the thief did not properly maintain electronic data, such as emails, not emails. produced? , or even destroyed them. But what if the roles were reversed and the judge made your company pay the thief’s costs to get those emails because they didn’t have a plan to keep them? This scenario is happening in cases across the country and will soon be a reality in civil lawsuits in Florida.

So what can businesses operating in Florida do? They can implement plans now to safeguard electronic information to protect against being penalized or sanctioned in civil lawsuits later.

This article is not intended to provide legal advice or to form an attorney-client relationship; is intended only to provide general information on this important topic.

“DISCOVERY” IN THE DIGITAL AGE

Discovery is the process in a civil lawsuit by which the parties obtain and exchange information, including documents. In the future, the parties will routinely exchange electronic documents or “ESI” (electronically stored information). To keep up with this reality, the Rules governing discovery in Florida will change on September 1, 2012.

WHAT IS THE EFFECT OF THESE NEW RULES?

The impact of these new Electronic Discovery Rules on all businesses operating in Florida is largely economic. Discovery in civil lawsuits is often where a substantial amount of expense occurs. Therefore, it is important for companies to efficiently manage these discovery expenses to avoid costly discovery expenses.

WHAT CAN YOU DO? – IMPLEMENT PRESERVATION PROTOCOLS AND ESI RETENTION LITIGATION PLANS

Florida businesses can implement the ESI Preservation Protocols and Litigation Retention Plans now, before disputes arise. This ounce of prevention is not worth a pound of cure in electronic discovery dollars, it will be worth ten.

A generic document created or downloaded internally is not likely to comply with these new Rules and Florida law, is fit for the unique circumstances of the company, and is not defensible in court. The best approach is to hire a competent business attorney who knows the technology and law of electronic discovery. That advisor can ask you the right questions and, more importantly, who can you ask questions and raise concerns with in order to understand eDiscovery and the new legal obligations imposed on your business.

So who can you turn to?

When looking for a Florida attorney for your firm to help you prepare the ESI Preservation Protocols and Litigation Retention Plans, look for those at the Bar with experience in these areas, such as certified commercial litigation attorneys. the Board and e-discovery experts. Also, keep in mind that in the digital world we live in now, your lawyer does not have to be on the street because you can communicate with him through video, email and screen sharing programs.

DO NOT WAIT TO PUT THESE PLANS IN PLACE

Be proactive. Florida courts consider entrepreneurs to be sophisticated and expect them to have these plans. The discussions that led to the enactment of these new Electronic Discovery Rules made it clear that judges will not consider the ignorance of a party or their attorneys in this new area of ​​the law. So now is the time for your company to prepare ESI Preservation Protocols and Litigation Retention Plans with an attorney, prior to any disputes and before you are asked to fund potentially expensive electronic discovery.

Legal Law

Twitter: dos and don’ts of Twitter etiquette

Twitter took off as gang members in 2008. At the end of 2008, the numbers told us that 70% of all Twitter users had joined in 2008. Some people prefer to have a few close friends to follow them. Those people can do whatever they want. But if you’re interested in building a brand and using Twitter to promote it, here are some observations and best practices. Just keep in mind that old saying from elementary school: “What if everyone did that?”

Rules for tweeting:

  • Don’t Tweet more than 4-5 times a day.
  • Tweet cool stuff.
  • Share images and links with services like twitpic
  • Don’t talk about what you are eating unless you intend to share the recipe.
  • Don’t put private communications on the public twitterstream
  • DO NOT publicly welcome all of your new followers. Imagine reading pages of it.
  • It’s okay to tweet your blog posts, but turn people off if that’s all you do.
  • Don’t join a “tweet monetization” service like Magpie, as it will cause people to abandon you.
  • Don’t brag about the number of followers you have. Everyone can already see that.
  • Don’t ask for more followers. Bored!
  • Retweet other people frequently when they have Tweeted something good.
  • Respond to people in public if you think others would be interested.
  • Don’t tweet things like “Gaaaaaaah”. We need context.
  • Tweet at least every other day.
  • Be happy and positive.
  • Be human.

How to treat people who follow you

  • Don’t send a self-address message thanking each new follower and sending them your pitch. Direct messages are individual and personal.
  • Thank new followers by following them if you haven’t already.
  • Do not send direct messages to followers you are not following because they cannot reply to you directly.
  • Recheck the profiles of the people you are not following from time to time. Some idiots just need a little getting used to.

How to treat the people you follow

  • Don’t follow people just to get them to follow you and then stop following them.
  • Don’t do massive follow-ups, or you’ll be considered a spammer even if you never tweet.
  • Follow the followers of the people you really like.
  • Don’t exclusively follow “rock stars.” Follow some interesting newbies. They will love you for it.
  • Use a third-party Twitter client, such as the tweet deck, to manage the tweets you follow in groups.
  • Don’t just read their direct messages and responses. Take a dip in the creek every now and then.
  • Give them a little time to follow you.
  • Try to follow as many people as they follow you.
Legal Law

Business ethics in Islam

Introduction:

A person can earn money in two ways; one is agriculture and the other is business. If business is not done according to ethics, there will always be inflation and a shortage of goods. As can be seen in the case of many basic products such as wheat, sugar, etc. It is due to stockpiling, speculation and the selfishness of some businessmen. The government has also become a trader, while sharia has prevented the Islamic government from trading.

As it can be seen that business is an important part of life, Prophet Muhammad (peace and blessings of Allaah be upon him) said: “People get 9/10 of their daily bread through trade.” Islam explains the concept of fair trade by counting business ethics. If trade or anything else is done against morals and creed, this will lead to the bad end on the day of resurrection. Also, according to the law, the person guilty of an illegal business would end up nowhere. Islam greatly emphasizes the importance of business ethics. Allah says in the Qur’an, “They say that buying is also like an interest, but Allah has declared that buying is allowed and that interest is forbidden.” And “When you buy or sell, have someone witness it.” The Holy Prophet Muhammad (peace and blessings of Allaah be upon him) said: “If trade had not existed, then you would have become a burden to others.” He also said that “a merchant is the guardian of the means of daily bread and a guardian of the dignity of himself and of others.” The Holy Prophet Muhammad (peace be upon him) encouraged trustworthy merchants with these words: “A trustworthy and truthful merchant will stand with the prophets and the truthful and the martyrs and the righteous.” “God has mercy on those who are kind when they sell, when they buy and when they make a claim” The prophet emphasized much about the veracity and rectitude of entrepreneurs. He said that “Truly, merchants will be raised sinners on the day of resurrection, except he who fears God, and is good, and speaks the truth.”

Business and ethics

As Muslims, we have to adhere to ethical standards, not only in business but also in all aspects of life. Both business and ethics are interrelated. There is a reference to this point in the Qur’an, “For you the Messenger of Allah is a good example to follow.” Allah Almighty says: “To the people of Midian (we sent) Shu’aib, one of his own brothers: he said: ‘My people! Worship Allah. You have no other god but Him. And do not give him little measure or weight. I see you in prosperity, but I fear for you the punishment of a day that will surround you every turn. And my people, give just measure and weight, do not deny the people what they are owed: do not commit evil on earth with the intention to do harm. What Allah has left you is the best for you, if (but) you believe. But I am not in charge of watching! “

Prophet Muhammad was chosen by God to be His last prophet and messenger at the age of 40. Before that, he was very involved in business. Both he and his wife Khadija were merchants. It is reported that he traveled to Syria, Yemen, Bahrain and many other places in Arabia to trade. Some historians have also suggested that he probably traveled to Iraq and Ethiopia. From an early age he dedicated himself to commerce. He had a good reputation as a hardworking, honest, truthful, and highly successful businessman.

Fair deals in business

The Holy Quran and the Prophet Muhammad (peace be upon him) have made it clear that a Muslim must be honest and upright in his business and monetary transactions. Furthermore, the true Muslim must keep his word and promise, avoid fraud and avoid deception and perfidy, not invade the rights of others or engage in unlawful litigation. Furthermore, a good Muslim does not bear false witness and refrains from making illegal money such as usury and bribery. According to Islam, whoever is not free from these vices is not a true believer, but a renegade and a worthless transgressor.

And the Qur’an is rich in verses that confirm all this. Allah says in the Qur’an: “Do not eat the property of others by unjust and dishonest means.”

Allah forbids all impure and corrupt means of making money, such as dishonest trading, gambling and bribery. And the Holy Quran has explained and described such practices in many of its verses. He says: “Woe to those who traffic with fraud, to those who, when they have to receive by measure of men, demand full measure, but when they have to give by measure or weight to men, they give less than they should! they will be asked on a Strong Day when (all) humanity will appear before the Lord of lords. “

Another example is given in the next verse, where Allah urges Muslims to be very particular about their trusts and about the rights of other people. “Allah commands you to return your trust to those to whom it is owed.”

Fundamental principles of fair business transactions

According to Islam, the following things should be avoided to start a fair business.

1. Without fraud or deception, the Prophet (PBUH) is reported to have said, “When a sale is made, say: No cheating.”

2. Sellers should avoid taking too many oaths when selling merchandise. The Prophet (PBUH) is reported to have said: “Beware of excessive oaths in a sale. Although you find markets, you reduce abundance.”

3. Mutual consent is necessary. The Prophet (peace and blessings of Allaah be upon him) is reported to have said: “The sale is complete when the two involved leave with mutual consent.”

4. Be strict about weights and measures. The Prophet (peace and blessings of Allaah be upon him) said: “When people cheat in weight and measure, their supply is cut off.” He told the owners of measures and weights: “You have been entrusted with matters for which some nations before you were destroyed.”

5. The Prophet (peace be upon him) prohibited monopolies. “Whoever monopolizes is a sinner.”

6. Free enterprise, the price of goods should not be fixed unless there is a situation of crisis or extreme need.

7. The hoarding of merchandise to increase prices is prohibited.

8. The transaction of prohibited articles (Haram), such as intoxicants, is prohibited.

Fraud and dishonesty in business

Prophet Muhammad (peace and blessings of Allaah be upon him) has stressed the importance of honesty in most of his sermons, saying: “Remember, there is no faith in the untrustworthy; there is no place for he in religion who does not care about his promised word or promise … He (PBUH) also said: “The signs of the hypocrite are three, when he speaks, he is false, when he promises, he fails; and when he is trusted, he plays false. “

Condemning those who cheat in business, the Prophet Muhammad (PBUH) has said: “The deceiver is not of us. Deception and fraud are things that lead to hell.”

Once, Prophet Muhammad (peace be upon him) came across a pile of corn in the market in Medina and laid his hand on it. My fingers felt wet. When asked, the merchant replied that it had rained on him. The Prophet (peace and blessings of Allaah be upon him) observed: “Why then did you not keep it (the wet part) on the dry corn, so that men could see it? of us”.

Therefore, merchants who cheat by showing customers a fake sample or hiding the defects of the product they sell are not true Muslims in the judgment of Allah the Prophet (peace be upon him) and they will end up in hell.

Prophet Muhammad (peace and blessings of Allaah be upon him) said: “The seller should explain to the buyer the defects, if any, in the quality of the item offered for sale. If this is not done, the seller will be left permanently caught in the wrath of Allah. “

In short, all kinds of deception and dishonesty in business are forbidden in Islam. The Holy Prophet has expressed his strong dislike for those who do.

Bribery in commercial transactions

Bribery and usury, although they can be practiced by mutual agreement and consent, are totally prohibited and prohibited. Those who are guilty of them have been condemned by Allah and His Prophet (peace be upon him). Prophet Muhammad (peace and blessings of Allaah be upon him) said: “The curse of Allaah falls on the one who offers loans on usurious terms, and on the recipient, and on those who are witnesses to the transaction, and on the writer who writes the writing “.

Prophet Muhammad (peace and blessings of Allaah be upon him) said: “If a person made a recommendation for someone in a fair way and the gratified party gave him something as a gift (in exchange for it) and he accepted it, then he made a serious mistake (that is, it is also a form of bribery). “

Usurpation of someone else’s property by force or fraud or dishonest litigation is even worse. Prophet Muhammad (peace and blessings of Allaah be upon him) made this clear, as he says: “Whoever occupies the land that belongs to another unjustly will be sunk into the earth along with the parcel of land on the Day of Judgment. End until you reach the lowest layer of the earth. ” And “He who unjustly acquires the property of a Muslim by taking a false oath (before an official) is forbidden by Allah from entering Paradise and Hellfire becomes unavoidable for him.” It is said that Prophet Muhammad (PBUH) again warned a person who was very fond of litigation with others with these strong words: “Remember, the one who will obtain the property of another by taking a false oath will appear like a leper. ” before Allah (on the Day of Judgment) “.

And, again he (peace be upon him) said: “Whoever claimed something that was not his, is not ours.”