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Thursday, January 08, 2009
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Articles from Government & Society
“I looked, and I know what I saw," says Cardinal Egan of New York

Have you any doubt that it is a human being?

If you do not have any such doubt, have you any doubt that it is an innocent human being?

If you have no doubt about this either, have you any doubt that the authorities in a civilized society are duty-bound to protect this innocent human being if anyone were to wish to kill it?

If your answer to this last query is negative, that is, if you have no doubt that the authorities in a civilized society would be duty-bound to protect this innocent human being if someone were to wish to kill it, I would suggest—even insist—that there is not a lot more to be said about the issue of abortion in our society. It is wrong, and it cannot—must not—be tolerated.

But you might protest that all of this is too easy. Why, you might inquire, have I not delved into the opinion of philosophers and theologians about the matter? And even worse: Why have I not raised the usual questions about what a "human being" is, what a "person" is, what it means to be "living," and such?

People who write books and articles about abortion always concern themselves with these kinds of things. Even the justices of the Supreme Court who gave us "Roe v. Wade" address them. Why do I neglect philosophers and theologians? Why do I not get into defining "human being," defining "person," defining "living," and the rest?

Filed in: Religion & Spirituality, Government & Society By Guest Reporter
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By Their Own Admission Says Dani Jopa and Angie Kassab

 

Illinois, USA – “The hypocrisy of this candidate is clear.  He can not be trusted,” says Dani Jopa. “He promises to accept public financing, then doesn’t.  He votes one way, and says he didn’t.  He tells everyone he doesn’t accept lobbyist money, he does.  He says he will oppose going after illegal immigrants, then says let’s get them.  He wanted to put an end to the Cuban embargo, and then tells Cuban exiles in Florida we will keep the embargo.  He is untrustworthy.  He is a panderer.  He is what I have come to hate about politicians in America.”

Jopa’s strong feelings resonate with half the country.  Many agree that Obama should be well over 30 points ahead of McCain given the circumstances.  Instead the two candidates are neck-and-neck.  “By his own admission he and his running mate tell the American people he is not ready to be president,” Jopa adds, referring to the latest dust-up over Obama’s naiveté and lack of experience. 

Biden created a uproar with his implication to a crowd of deep-pocket donors that presidential candidate Sen. Barack Obama's lack of experience would create an appearance of weakness that would encourage opponents to challenge the U.S. According to news reports, Biden told the crowd of donors, "Mark my words: It will not be six months before the world tests Barack Obama like they did John Kennedy.

Angie Kassab agrees with Biden, “he was only repeating what Obama himself said.  He is not prepared to serve.” 

Filed in: Government & Society By joe acho
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Meida Bias Misleading Voters Says Chaldean Julie Kalasho

California, USA - The controversial presidential campaign has raised a number of issues about democracy.  Concerns of voter registration and voter fraud list highest among the concerns.  However, what seems to have captured the attention of most Americans is media bias.  Calls by the Clintons and McCain campaigns of media bias in favor of Obama have proven accurate and some want the media meddling investigated for impacting national security.  The latest being an NBC blackout of Biden’s guarded warning of dire attacks against the United States if Obama is elected. 

Media bias has also drawn the attention of UCLA political science major, Julie Kalasho.  “I have a relative in Michigan who openly is using his radio station to support Obama,” says Kalasho.  “He got into some big trouble in the past with his political fund raising for Republicans and the Democrats scared him into supporting Obama.  So I know first hand how the media is being used to influence politics.  He openly admits he wants Obama to win and is trying to scare naïve Chaldeans to vote for Obama or they may be doomed.”

Kalasho sites fellow colleague Tim Groseclose, a UCLA political scientist who co-authored a UCLA-led study, which is believed to be the first successful attempt at objectively quantifying bias in a range of media outlets and ranking them accordingly. 

The objective findings may shock some, while others see it as vindication of what many have long been complaining about.  The reports finding objectively concludes that almost all major media outlets are biased towards the left. 

Filed in: Government & Society By Neda Ayar
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Chaldean Protest Raising Awareness

Mosul, IRAQ— Shocking the conscience of anyone who would dare pay a few minutes of attention, Christians are being mowed down in Mosul.  Community activists in Australia, England, US, Denmark, and Germany are begging world governments to do more than talk.  Activists are protesting in front of city halls, holding meetings, getting petitions signed, attempting any and all efforts to raise the awareness and conscience of world leaders, turning a blind eye to the genocide of Iraqi Christians. 

Nearly 10,000 Christians — roughly half the city's Christian population — have fled this month because of organized and targeted threats and attacks, according to Iraqi officials.  Christians in Iraq are fast losing faith and trust with the Iraq government.  Few Iraqi Christians are returning to the restive city of Mosul despite government pledges of financial support and protection, officials said Wednesday.

Attempts to bribe families back into the city have fallen on deaf ears. The prime minister offered every Christian family that returns to Mosul 1 million Iraqi dinars — about $865, said Jawdat Ismaeel, a local migration official.  But less than a handful of Christians have returned, he said.

Filed in: Government & Society, World News & Odds 'N' Ends By Amer Hedow
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Obama on Iraq and Media Cover-ups Leading to Lots of Mistrust

Michigan, USA - Presidential hopeful John McCain is fast gaining momentum as more voters discover Obama's recipe for America.  Obama was caught off-guard by a middle class plumber who helped reveal the disaster of Obama's tax plan, something the McCain campaign team says the media blackout is keeping them from doing.  "It took 'Joe the Plumber' to show that Obama can't be trusted," says Iman Nalou, of Farmington Hills, Michigan. "I have many neighbors who were going to vote for Obama, and after hearing what he is really about, they all changed their minds."

Obama is worried as more of the truth emerges.  He never wants to tell you the whole story, and the lies have Obama's campaign on the ropes as political pundits dig deeper into Obama's policies and find quite a bit of flip-flopping and hypocrisy.  From promising to take public financing to the election to his stance on Iraq, Obama is losing ground on the trust factor. 

For Issam Hanou of Novi, MI, Obama lost his vote a long time ago.  "He lies and can't be trusted.  How could you believe anything he says he is going to do when he lies?  You can't trust him.  He will promise you anything and give you some excuse why he breaks his promise."  Hanou is really upset over Obama's Iraqi flip-flops.  Hanou says a youtube video that his son showed him was really frustrating.  Hanou's son Gino, a college student at Ohio State has long distrusted Obama.  "I liked what he had to say early in his campaign about ending the Iraqi war, but he kept saying different things.  I finally took the time to do some searching and what I found out was how much of a liar he really is."

Filed in: Government & Society By Sam Yousif
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Chaldean Controversy Over 'Guaranteed Fresh' Conceived Conspiracy

Michigan, USA – Chaldean business owners are disappointed over continued efforts to stain independent grocers.  “This is bad.  These people don’t speak for us.  Our produce and foods are fresh.  This is just another way to take money from stores owners and give them nothing in return,” says Kamal Dally, owner of Riverside Liquor in Detroit. 

Dally is upset over an initiative announced at a private business meeting among Chaldeans, under the approving eye of Detroit’s new Mayor Ken Cockrel Jr. that Chaldean store owners be asked to join a “Guaranteed Fresh” campaign for their stores.

Dally, and many other business owners feel the business group sold-out the Chaldean business community to gain political points with the new mayor and raise money for their own pet projects.  “They don’t care about Chaldean businesses.  All they care about is using the community name to take money from those who work so they can play golf,” says Dally’s son Thomas.  “Why didn’t they propose the city start a ‘Guarantee Response’ from the police every time a Chaldean store calls for help during an armed robbery or theft? 

Filed in: Business & Finance, Government & Society By David Najor
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Last Safe Haven for Iraqi Christians Taken by Al-Qaeda

Mosul, IRAQ - "Now the last safe haven for Christians is gone," said Canon Andrew White, the vicar of St. George's church in Baghdad. During the past week, twelve Christians have been killed and more than 3,000 have left the city of Mosul, once considered a safe zone for persecuted Iraqi Christians.
 
Mosul, on the plain of Nineveh in northern Iraq, has long been home to one of the largest remaining Christian communities in the nation. Furthermore, in recent years the city has been a destination for persecuted Christians.

Filed in: Law & Order, Government & Society, World News & Odds 'N' Ends, Chaldean Federation of America By Guest Reporter
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Iraqi Christians in Mosul Victims to Intense Violence

Mosul, IRAQ - Despite Prime Minister Nuri al-Maliki pledge yesterday to protect Christians in Iraq after mass killings in the northern city of Mosul, thousands of Chaldeans flee as Islamic radicals turn-up the violence. 

Proving the weakness of Maliki’s government and the vulnerability of Iraqi Christians, a music store owner was shot to death in the northern city of Mosul.  Police sources said on Monday gunmen entered the store late on Sunday and shot dead the Iraqi Christian store owner and his nephew, who was wounded.

Filed in: Law & Order, Government & Society, World News & Odds 'N' Ends By Amer Hedow
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Does Obama Really Support Infanticide?

California, USA – They were coming out alive. Born alive. Babies. Vulnerable human beings.  Is it true that a leading presidential contender would allow them to be murdered?  In what many, might otherwise include among “the least of my brothers,” some are alleging that Obama is an abortion extremist.  How could the killing of millions of babies somehow not be among America’s greatest moral failings?  Is the claim that Obama supports infanticide true? 

The included video is for mature viewers.  Watch at your own risk.

Filed in: Government & Society By Brenda Hermiz
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Kill Christians! Islamic Fundamentalists Chant in Iraq After Murdering Three

Mosul, IRAQ – Another tragic killing of Christians in Mosul today.  Al Qaeda militants gunned down Chaldean Jalal Moussa, 38, and three other Chaldeans in front of their homes in the neighborhood of Noor.  Islamic militants have been terrorizing the city with shouts and nailing posters urging attacks against Christians, threatening more slaughter and violence and urging U.S. military to leave. 

Little has been covered by world media as major news outlets refuse to cover the ongoing Christian attacks.  In less than seven days, nine Christians have been murdered because of their faith.  Asia News reveals an organized campaign is underway to drive Christians out of the region.  The news reports a car with a loudspeaker went around the streets in the neighborhood of Sukkar, ordering the Christians to leave." "Christians out of the city," the people on board were shouting, "otherwise you will be victims of more attacks."

On Monday, October 6, Ziad Kamal, a disabled 25-year-old shopkeeper in the city, was shot to death. The young man's store was in the neighborhood of Karam.  Before him, armed groups assassinated Hazim Thomaso Youssif, age 40. The ambush took place in front of his clothing store in Bab Sarray.  On the same day, 15-year-old Ivan Nuwya, also a Christian, was killed. The young man was shot to death in front of his home in the neighborhood of Tahrir, in front of the local mosque of Alzhara.

The Christian community lives in panic as the slaughter continues "to the indifference" of the media, which "do not even report the crimes that are committed."

Filed in: Law & Order, Government & Society, World News & Odds 'N' Ends By Amer Hedow
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Delays in Attorney Retirement Could Contribute to Firm Overcrowding
An estimated 250,000 baby boomer attorneys have begun entering retirement age. But with the recent plunge in values of 401(k) plans and other nest-egg assets, more attorneys may choose, or need, to keep working. While the upside for law firms is less brain drain, the downside is an excess of lawyers combined with a diminishing workload. And associate attrition has become almost nil, says consultant and blogger Bruce MacEwen, so both ends of the firm pipeline are clogged -- which means things may get ugly.

Early Moves Can Ease Path to Power in Executive Branch
For Washington, D.C., associates on the rise, there might be an even more desirable prize than making partner -- a power spot in the executive branch. But unlike the partnership track, the path to becoming the next public sector legal star isn't clear-cut. Career development experts and attorneys say achieving such a career goal takes planning and the ability to recognize the best opportunities, network with the politically well-connected, and find private practice work that highlights exceptional talent.

Morgan Lewis Switches to Merit-Based Bonuses
Morgan Lewis & Bockius announced it has adopted a merit-based bonus system for associates in the 2009 fiscal year. The firm said it is doing away with its requirement that associates log 2,000 billable hours in order to receive a bonus -- as well as any promises that reaching that mark will ensure a bonus. Consultant Steven Kruza said that Morgan Lewis seems to have "weathered the [recession] storm pretty well" and that moving away from the lockstep structure appears to be more of a precautionary measure.

Government Contract Lawyers Could Thrive During Obama Administration
By doubling the use of private contractors and shrinking the civil servant class, President George W. Bush ushered in a sea change that ensured a stream of income for government contract lawyers at Am Law 200 firms. President-elect Barack Obama has said he'll reduce the number of contractors, but attempts to make cuts are likely to cause conflicts -- and, in turn, create legal work. Plus, Obama's pledge of a massive infrastructure investment program could be a bonanza for government contract lawyers.

First Private Criminal Defender Program in Texas to Commence
A first-of-its-kind program in Texas is scheduled to open Jan. 15 in Lubbock, providing specially trained private practitioners to represent indigent criminal defendants who are mentally ill or retarded. Private attorneys will be appointed by the director of the Lubbock Special Needs Defenders' Office, a nonprofit corporation created in October. A peer review committee will determine which attorney applicants qualify for appointments, says attorney Philip Wischkaemper, who helped develop the program.

Help May Be on the Way for Calif. High Court Arguments
Arguing before the California Supreme Court can be daunting, especially for first-timers who don't realize they'll likely face a buzz saw of questions after uttering, "May it please the court." But help may be on the way. UC-Berkeley School of Law is developing a moot court program that would let lawyers test their skills in advance on a panel likely composed of professors, experienced appellate practitioners and retired justices. The program would be run by the school and has the high court's blessing.

Bad Economy Makes It a Good Time to Go It Alone
Is now the perfect time to start a solo practice? Yes, according to consultant Susan Cartier Liebel. With times so tough, starting a new business may seem the height of insanity, but Liebel says it is during these times that lawyers should realize that the "opportunity cost" of taking a risk, like starting a solo practice, is much lower. And for those attorneys who are able to shake off their paralysis, bad economic times may present some special opportunities for solo practitioners, Liebel says.

Ex-Holland & Knight Partner Files Suit in Benefits Dispute
A former partner in Holland & Knight's Miami office is suing the firm after efforts to arbitrate a dispute over his 2002 termination broke down. R. Thomas Farrar was one of 60 attorneys and 170 other employees cut by the firm in April 2002. Farrar, who had worked for the firm since 1981, alleges Holland & Knight violated his partnership agreement by terminating him and wrongfully depriving him of his right to retirement benefits.

10 Resolutions for Job-Seeking Success
We often start off the New Year with a host of well-intentioned resolutions that hardly outlast the winter snows. This year, however, glum economic news has given both job-seekers and the nervous employed added incentive. Here are 10 New Year's resolutions to follow, whether you are in the market or just want to be prepared, provided by William A. Chamberlain, assistant dean at Northwestern University School of Law. With some persistence, you could soon have more to celebrate than just the New Year.

Four Essential Elements of a Strong Law Firm Culture
Two once-great San Francisco Bay Area firms -- Heller Ehrman and Thelen -- are in the throes of dissolution, and consultant Peter D. Zeughauser says there's a lesson to be learned from their demise. Firms need a strong firm culture that breeds partners who are in it for each other, not just themselves. Noting that even the best lawyers practicing together can find themselves circling the drain without such a culture, Zeughauser details four key elements that can help firms avoid entering the whirlpool.

Newest Fla. Supreme Court Justice to Spend Just One Day as State District Court Judge
Veteran Palm Beach Circuit Judge Jorge Labarga was appointed to the Florida Supreme Court on Friday by Gov. Charlie Crist, just three weeks after Crist had named Labarga to the state 4th District Court of Appeal in West Palm Beach. Crist chose Labarga for the high court from a new list of candidates after rejecting the first list due to its lack of diversity. Labarga jokes that even though he will be a 4th District Court judge for only one day, he still wants his photo included on the court library's wall.

Advice for the Lawlorn
I am a second-year, female litigation associate at a BigLaw. During the last couple of months two partners, one male and one female, have said that I am too nice. How can I convince them I'm tough enough?

SEC Role Under Scrutiny in Madoff Scandal
Red flags about the business dealings of Bernard Madoff were raised to the Securities and Exchange Commission over a decade but weren't pursued, and Republican and Democratic House members said that reflected deep, systemic problems at the market watchdog agency.

Supreme Court Review Sought in Public Accounting Board Case
The federal appeals court opinion that upheld the constitutionality of the Public Company Accounting Oversight Board was a disastrous decision that undermines the president's ability to supervise federal officers, say Jones Day lawyers who want the Supreme Court to review the case.

Smartphones Pose Risks for All Executives
Like many executives, Barack Obama is an admitted BlackBerry addict. But advisers insist that on Inauguration Day he should give up the device, which, in the words of one senior aide, "never stopped crackling with e-mails" during the campaign. As president, Obama will be subject to a strict records-retention law called the Presidential Records Act, and wireless devices also pose security risks deemed too high for the commander in chief. The question for in-house counsel: If a BlackBerry poses dangers for the nation's chief executive, should your chief executive officer be using one?

Firms Get Ready for Wave of Bankruptcy Filings
A steady rise in corporate bankruptcy filings throughout 2008 is expected to crescendo in 2009 and 2010, with collapses spreading from the retail, auto-related, real estate and financial industries to almost any area affected by the downturn in consumer spending, lawyers say. In response, law firms are reviewing the size of their bankruptcy teams to make sure they've lined up the attorneys needed to attract and manage cases.

SEC Pursues Ponzi Scheme Targeting Haitian-Americans
While there's been much focus on the rich victims of an alleged $50 billion scam wrought by Wall Street fund manager Bernard Madoff, federal securities investigators have quietly moved on another suspected Ponzi scheme, much smaller in scope but similarly devastating. Attorneys for investors claim that the network branched out across several states, targeting people with little investment experience and few assets. Attorney Jared Levy estimates the losses could exceed $100 million.

Class Status Denied in Suit Against DuPont Over Chemical-Tainted Water
The use of medical monitoring as a remedy for mass exposure to toxic chemicals has suffered a setback in New Jersey. A federal judge in Camden has denied class certification sought in behalf of 15,000 people whose drinking water may have been contaminated by a chemical spilled from DuPont's Chambers Works in Salem County.

null: In re Ballard
Federal law did not preclude auto manufacturer from filing unsecured deficiency claim based on state law where Chapter 13 consumer debtor proposed to surrender "910 vehicle" whose value was less than balance remaining on auto loan (applying "hanging paragraph" to cases involving surrender of 910 vehicle).

null: Siepel v. Bank of America, N.A.
Securities Litigation Uniform Standards Act preempted state-law claims that trustee breached fiduciary duty by failing to disclose conflicts of interest in selection of nationally-traded investment securities.

Expanding the Scope of the Consumer Fraud Act in Real Estate Transactions
In Matera v. M.G.C.C. Group, Inc ., the Law Division has recently held that a cause of action can be alleged under the Consumer Fraud Act absent any contact between the parties, as long as there is a causal nexus between the alleged violation of the CFA and the alleged ascertainable loss. This holding marks a dramatic expansion of the CFA, threatening a new unforeseen and unwarranted breed of liability for real estate developers, lending institutions, and any entity which falls under the ambit of the CFA.
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