CUP’S CULTURE & COMMUNITY

by New York Real Estate Lawyers Blog on 03. Sep, 2010 in Events Calendar

Council of Urban Professionals invites you to a Distinguished Leadership Series event:

 

“Culture & Community: Raymond J. McGuire and Thelma Golden in Conversation”

 

Featured Guests:

Raymond J. McGuire

Head, Global Banking, Citi

Chairman of the Board, The Studio Museum in Harlem

 

Thelma Golden

Director and Chief Curator,

The Studio Museum in Harlem

 

 at

 

The Studio Museum in Harlem

144 W. 125th Street

(Between Adam C. Powell Jr. & Malcolm X Boulevards)

New York City

 

Host Committee

Daniel Black
Valerie Brown
Lybra Clemons
Eboni Gates
Dana Lodge
Ernest Lyles
Floyd Mitchell
Beatrice Sibblies
Jim Simmons
Laura Washington
Dawanna Williams
Eric Woods
 
Tuesday, September 21, 2010
6:30pm – 8:30pm
Cocktail Reception Following Conversation
 
 

Admission: $25 CUP Members / $50 Non-CUP Members


Click Here to RSVP. For more information, please contact Ijeoma at iobilo@nycup.org.

This evening only, all CUP guests will receive a 10% discount in the Museum Store.

 
 
The Council of Urban Professionals develops diverse business and civic leaders, empowering them to exert influence, achieve their individual goals, and create collective impact.
 
 
Council of Urban Professionals
55 Exchange Place, Suite 501
New York, NY 10005
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Justice Kennedy on Blogs

by Orin Kerr on 03. Sep, 2010 in Metablogging

(Orin Kerr) On August 19th, Justice Kennedy gave an address that included an interesting passing remark about the role of blogs. Justice Kennedy was talking about how law review case comments generally come out too late to be of use to the Court (especially in the context of deciding whether to grant certiorari in a case). [...]

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Speaking of evil corporations

by Steve Bainbridge on 03. Sep, 2010 in Web/Tech

Here’s a great Google satire, that strikes way too close to the truth for comfort: HT: Althouse

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THEY’LL SHOW YOU HOW TO VOTE

by New York Real Estate Lawyers Blog on 03. Sep, 2010 in Events Calendar

citizens_union_banner_nyreblog_com_.jpgNEW VOTING MACHINE DEMONSTRATION

As you no doubt know, the old lever voting machines have gone the way of the rotary telephone, replaced by new optical scanning machines, a device that is very foreign and unfamiliar to many New Yorkers.

To help ease the transition, Citizens Union, along with the NYC Board of Elections and St. Francis College, is holding a demonstration of the new machines four days prior to the election on Friday, September 10th, from 5-7 pm at St. Francis College in the Callahan Center, 180 Remsen St. in Brooklyn Heights, accessible by subways 2, 3, 4, 5 to Borough Hall or N, R to Court St. At the event, New Yorkers will have the opportunity to cast a mock vote using the new machines, which involves completing a paper ballot and feeding the ballot into a computerized scanner that reads the vote and retains the paper ballot. Ballot marking devices will also be available for those who need assistance in voting. NYC Board of Elections staff will be on hand to guide attendees through the process of voting on the new machines. To RSVP for the event, please call 212-227-0342 ext. 47 or email events@citizensunion.org.

If you can’t attend this particular session, there are others taking place all over the City.

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Faux evil corporation websites

by Steve Bainbridge on 03. Sep, 2010 in Web/Tech

Ever wondered what Skynet or Cyberdyne’s web sites look like? Me neither. But the answer is now available via io9: I like evil movie corporations, and for a long time I’ve wanted to do a case-study of their corporate imagery. The more I looked into it, the more it seemed as though these suckers make a fine match with some real-world evil corporations. I took my Adobe Fireworks, locked myself into bunker and reverse-engineered from scratch these six detailed lookalike-mashups of evil corporations. I wonder if Charles Bishop Weyland had to put up with activist investors? Anyway, I think this…

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New “Lawfare” Blog

by Orin Kerr on 03. Sep, 2010 in Uncategorized

(Orin Kerr) Three important voices in national security law — Jack Goldsmith, Bobby Chesney, and Benjamin Wittes — have launched a new blog: LAWFARE: Hard National Security Choices. There’s a bunch of interesting content up already. Here’s the intro to the blog from Ben’s first post on Wednesday:
Welcome to Lawfare, a new blog by Robert [...]

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Pratchett Interview

by Steve Bainbridge on 03. Sep, 2010 in Books

Terry Pratchett is a house favorite here at PB.com. In the Guardian he gives an interview about struggling with the death of his parents, the continuing encroachment of early onset Alzheimer’s, and his desire for an euthanasia option. I can still handle the language well, I can play tricks with it and all the other stuff – but I have to think twice when I put my pants on in the morning. Melancholy strikes me as the right word.

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David Levin, Burning Man Barrister

by Ashby Jones on 03. Sep, 2010 in Criminal Law

If you break laws at Burning Man, there’s one guy to call.


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How To Win Over The Chinese Consumer. What Happens In The Store May Not Stay In The Store.

by Dan on 03. Sep, 2010 in China Business

This post was written by Stephanie Henry, a Harris & Moure legal assistant.

In a Harvard Business Review blog post, entitled, China’s In-Store Wars, Max Magni and Yuval Atsmon contend that to win over the Chinese consumer, you need to get in on the ground floor – literally:

As many as 45% of Chinese consumers make purchase decisions in real time….while “56% of Chinese consumers told us that the information they get at retail outlets is essential to make up their minds. Compare this percentage to the only 41% of Chinese consumers who credit television advertising with the same value. These results mean that your retail marketing strategy must account for the influence won or lost on store floors.

Magni and Atsomn advocate using the following four strategies to boost China retail sales and to win over the Chinese consumer: 

1. Prioritize.  Covering more of the Chinese market will not necessarily translate into winning more consumers; it could just leave you overextended and financially strained. Magni and Atsmon cite to Unilever’s China success and call for initially focusing on key outlets: 

Many multinational companies, seeking to grow rapidly in the Chinese market, stretch budgets (and supply chains) to cover the large and fragmented retail landscape quickly, and, consequently, distribution costs soon get out of hand. In fact, three years ago, Unilever decided to re-focus its attention and resources on key outlets such as hypermarkets, supermarkets, and smaller stores in high-traffic neighborhoods where it could sell large volumes or high-margin products. Only after it attained scale did Unilever expand aggressively into smaller outlets This tactic allowed the multinational giant to compete better with its well-established archrival in China, Procter & Gamble.

2. Pay for shelf space.  To win prime placement on store shelves, you have to be willing to incentivize shop owners. Magni and Atsmon talk approvingly of Kangshifu, a company that offers store owners “better financial terms if they display only its coolers and umbrellas” and gives store owners two cases of bottled water – at no charge- in return for better shelf placement.

3. Offer a consistent retail experience. “Chinese consumers say they greatly trust brands that have standard in-store displays.” Coca –Cola and Cadbury are two primary examples of companies that have mastered this. Both maintain strict controls over their products and displays in all outlets and by doing so they boost consumer trust and increase brand recognition. 

4. Use in-store promoters.  In-store promoters provide a surprising boost to sales. The post cites  one instance in which the presence of an in-store promoter increased sales nearly 40%. The store manager who saw this jump in sales credited the event to “the propensity of Chinese consumers to make up their minds just before making purchases.” Magni and Atsmon note that, “since labor is still relatively cheap in China, the use of in-store promoters is also-cost effective.”

What does your company do to win over the Chinese consumer? What works and what does not?

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DUST OFF THEM DANCING SHOES

by New York Real Estate Lawyers Blog on 03. Sep, 2010 in Attorneys, generally

PRBA_email_banner_puerto_rican_bar_nyreblog_com_.jpgTHE PUERTO RICAN BAR ASSOCIATION

invites you to a

Hispanic Heritage Month Kick-Off Fundraiser

IT’S TIME TO TAKE OUT YOUR DANCING SHOES…

CELEBRATE NUESTRA CULTURA!

 
September 15, 2010

6:00 P.M. – 10:00 P.M.
 
KATRA LOUNGE
217 Bowery
New York, New York 10002
 
$20 per person

RSVP Elena Goldberg:  rsvp@prba.net
by 9/13/10 or call 212-505-6633

 
Admission includes:
 

2 for 1 Drink Specials 
(6:00 p.m. – 7:00 p.m.) 
Light  Hor’deurves
Networking Opportunity
Automatic Entry Into Raffle
and
Dance Music
 
We hope to see you there!

 

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Questions Raised About Tax-Exempt Status for Ground Zero Imam Wife’s Apartment

by Paul Caron on 03. Sep, 2010 in News, Tax

Washington Examiner, New York Imam’s Nonexistent Mosque: Feisal Abdul Rauf, the New York imam and State Department envoy who wants to build a controversial new mosque at Ground Zero, applied for – and received – tax-exempt status from the IRS in 1998 for another mosque about 10 blocks from the…

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THEY NEED TO GET OUR PERMISSION FIRST

by New York Real Estate Lawyers Blog on 03. Sep, 2010 in Politics, generally

These poll numbers were released earlier today by Rasmussen Reports — “an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information.”

rasmussenLogo_nyreblog_com_.gif

Voters Say Congress Should Ask Permission Before Changing Social Security, Raising Taxes

Friday, September 3, 2010

If Congress wants to change Social Security, 71% believe that any proposed changed should be submitted to a vote of the American people. A Rasmussen Reports national telephone survey finds that just 21% disagree and 9% are not sure.

Sixty-one percent (61%) say Congress should be required to get voter approval before raising taxes. On this topic, 33% disagree and 6% are not sure.

Republicans and unaffiliated voters overwhelmingly support requiring voter approval for both entitlement changes and tax hikes. Seventy percent (70%) of Democrats favor the concept for changes in Social Security, but only 52% of Democrats want voters to have the final say on tax hikes.

However, as is true on many topics, the gap between Mainstream Americans and the Political Class   is bigger than the partisan divide.

Seventy-eight percent (78%) of Mainstream voters say that voter approval should be required for changes in Social Security. Seventy-two percent (72%) favor the requirement for tax hikes.

Among the Political Class, 60% oppose the requirement for approval of entitlement changes and 73% oppose it for tax hikes. (see more on the Political Class–Mainstream  classification.)

The survey of 1,000 Likely Voters was conducted on August 29-30, 2010 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

The gap between the Political Class and Mainstream Americans is deep. Most in the Political Class believe that increases in government spending and deficits are good for the economy. Mainstream voters have the opposite view. 

Data released earlier shows that 78% support having Congressional pay raises approved by voters.  Seventy-five percent (75%) want Congress to cut its pay until the federal budget is balanced.

Requiring voter approval might be one way of restoring the consent of the governed to our federal government. Currently, just 23% believe the government has such consent.  According to the Declaration of Independence, consent of the governed is the only legitimate source of authority for any government.

A new book by Scott Rasmussen and Doug Schoen addresses the broader discontent roiling the political landscape this year. MAD AS HELL: How the Tea Party Movement Is Fundamentally Remaking Our Two-Party System , published by Harper-Collins, will be released September 14. It can be pre-ordered at Amazon.com, Barnes and Noble, Borders, and other outlets.

A Wall Street Journal   profile calls Scott Rasmussen “America’s Insurgent Pollster.”

In a book released earlier this year, Scott observed that, “The gap between Americans who want to govern themselves and politicians who want to rule over them may be as big today as the gap between the colonies and England during the 18th  century.” In Search of Self-Governance is available at Rasmussen Reports and Amazon.com.

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“Of Rebels, Rogues and Roustabouts: The Jury’s Second Coming”

by Doug B. on 03. Sep, 2010 in Apprendi / Blakely Retroactivity, Blakely Commentary and News, Procedure and Proof at Sentencing, Who Sentences?

The title of this post is the title of this new piece from Professor Jenny Carroll now appearing on SSRN. As its abstract reveals, this paper would be a timely read for anyone eager to think about the labors of…

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Seventh Circuit rejects Second Amendment arguments against § 922(g)(3)

by Doug B. on 03. Sep, 2010 in Second Amendment issues

Today through its decision in US v. Yancey, No. 09-1138 (7th Cir. Sept. 3, 2010) (available here), a Seventh Circuit panel provides yet another example of the disinclination of lower courts to extend the reach or applicability of the Supreme…

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Former Republican Congressional Committee Treasurer Pleads Guilty to Theft

by Mike Scarcella on 03. Sep, 2010 in Crime and Punishment, Current Affairs, D.C. Courts and Government, Justice Department, Personal Finance, Politics and Government, Travel

A former treasurer of the National Republican Congressional Committee pleaded guilty today in Washington federal district court to stealing hundreds of thousands of dollars from the political committee and business clients. Christopher Ward, a Maryland resident, worked in the NRCC’s…

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Vegas, Baby! Ruling a Possible Boon to ‘Copyright-Troll’ Suits

by Ashby Jones on 03. Sep, 2010 in Intellectual Property

In recent weeks, there’s been a lot of talk about this outfit called Righthaven, a sort of online copyright enforcer for the Las Vegas Review-Journal.

The enterprise won a key ruling in a Nevada federal court on Thursday.


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DON’T KNOCK YOURSELF OUT!

by New York Real Estate Lawyers Blog on 03. Sep, 2010 in Athletes, generally

cdc_logo_nyreblog_com_.pngConcerned about Concussion in Youth Sports?

Concussion in Youth Sports: Online Training for Coaches.

A New FREE CDC Online Training Helps Prepare Coaches and Parents in Less than 30 Minutes

Heads Up: Concussion in Youth Sports is a free online training available to coaches, parents, and others helping to keep athletes safe from concussion. The training was developed by CDC’s Injury Center in partnership and other leading organizations. It features interviews with leading experts and interactive exercises to help coaches and parents recognize a concussion and know how to respond if their athlete might have a concussion.

Coaches and Parents Will Learn:

  • To understand a concussion and the potential consequences of this injury,
  • To recognize concussion signs and symptoms and how to respond,
  • About steps for returning to activity (play and school) after a concussion, and
  • To focus on prevention and preparedness to help keep athletes safe season-to-season.

Remember, if you think an athlete has a concussion:

  • Do not assess it yourself,
  • Take him/her out of play, and
  • Seek the advice of a health care professional.

When in doubt, sit them out!

Learn more about concussion at www.cdc.gov/Concussion.

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Despite Evidence of Failing Indigent Defense System, Government Lacks Fundamental Data, Issue Brief Author Says

by nflatow on 03. Sep, 2010 in Access to Justice, Criminal Justice, Indigent Defense, Ineffective Assistance of Counsel, Right to Counsel, Sixth Amendment

Evidence abounds that the indigent defense system is in crisis. Yet we lack data on "even the most basic questions" related to indigent defense, such as "how many defendants are represented by the indigent defense systems in this country, how many misdemeanor defendants have a right to counsel, or what percentage of defendants who are entitled to court-appointed representation go unrepresented." writes Erica J. Hashimoto in an ACS Issue Brief released this week.

According to a small-sample survey conducted by the Bureau of Justice Statistics (BJS), 30 percent of defendants charged with misdemeanors are denied their right to counsel. But these results omit many defendants with suspended terms of incarceration who may have also had a right to counsel. And anecdotal evidence in some states, such as North Dakota, shows that systems fail to appoint counsel at arraignment routinely in misdemeanor cases, "despite the fact that most defendants pled guilty at the hearing and many were sentenced to jail time." All of this suggests that a significant percentage of misdemeanor defendants are deprived their right to counsel, and that more data is necessary to determine the extent of the problem and craft solutions, explains Hashimoto, associate professor of law at the University of Georgia School of Law.

In her Issue Brief, "Assessing the Indigent Defense System," Hashimoto urges the Bureau of Justice Statistics to collect a range of data on misdemeanor defendants, as they do on felony defendants in the 75 largest counties. Beyond that, BJS needs to collect data on representation rates in smaller counties and jurisdictions, where "there may not be an experienced indigent defense bar, and other bar members may not view it as their obligation to ensure that all felony defendants are represented."

On the issue of effective assistance of counsel, there is some more data available. Surveys of public defenders show those in the 100 largest counties are assigned between 50 and 80 percent more cases than permitted by maximum caseload standards, and "there appears to be no dispute that lawyers with those types of caseloads cannot provide effective assistance." Thus, Hashimoto says, we must gather information about where public defender caseloads are highest, how we can most effectively control caseloads, and at what point in the process defendants are assigned public defenders.

"None of these steps will fix the indigent defense system overnight," Hashimoto concludes. "But until we have data establishing the nature and magnitude of the problems and the most effective mechanisms for addressing those problems, we cannot begin the process of systematically solving them."

Hashimoto’s Issue Brief is the third in an ACS series on strengthened roles the federal government can play in addressing the persistent crisis in indigent defense.

The first two Issue Briefs are "A Legislative Approach to Indigent Defense Reform" by Cara H. Drinan and "From Error Toward Quality: A Federal Role in Support of Criminal Process," by James M. Doyle.

Hashimoto’s ACS Issue Brief is available here.

read more

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African-Americans and the War on Drugs

by Ilya Somin on 03. Sep, 2010 in War on Drugs

(Ilya Somin) John McWhorter has a good column at Root urging African-Americans to make a priority of opposing the War on Drugs {[HT: here]:
The Reclaim the Dream March “recaptured the flavor” of the March on Washington. But it isn’t an accident that this brings to mind popping an old piece of gum from the underside of a [...]

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Former Cheney Chief of Staff Lands at Heritage

by David Ingram on 03. Sep, 2010 in Laterals/Hiring, Politics and Government, War on Terror

David Addington, a longtime top aide and lawyer to former Vice President Dick Cheney, has kept a low profile since his boss left public office in January 2009. Now, he is taking a job with the conservative Heritage Foundation. The…

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