Philippines Bureau of Immigration Continues to Illegally Detain Foreign Nationals - CNN iReport

See - Philippines Bureau of Immigration Continues to Illegally Detain Foreign Nationals - CNN iReport





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The Philippines Bureau of Immigration Continues to Illegally Arrest and Detain Foreign Nationals. 

6 months has passed since our first story broadcast to the international media depicting how the Philippines Government treats its Foreign Visitors and Foreign Business Owners in the country. To this day 6 months later nothing has been done. Countless Foreign Nationals continue languishing in horrific conditions at the Bicutan Detention Center – Camp Bagong Diwa in Taguig City. Many of these Foreign Nationals have been locked up there for years and for simple minor visa violations and others have no visa violations at all. 

It is clear that the Philippines Immigration has no intention of cleaning up their syndicated criminal activity and becoming Foreigner friendly. We reported last June that The Officials in charge of the Immigration Bureau were kidnapping and extorting foreigners in the country until such time that a ransom is paid (generally 500,000 up to 9 Million). Then the BI will illegally deport these foreigners and blacklist them / barring them from ever returning to the country. It is the perfect crime and some say because the Immigration Officials can never be criminally charged since the victims are banned from re-entering the country. 

Countless detainees have come forward to describe their unbelievable ordeal back in June. Some of the same detainees are still locked up in the detention center. Could it be because they spoke up and took action to expose the illegal syndicate? The real question is WHY is this still continuing? WHY haven’t the DOJ, Office of the President or even the Commission on Human Rights done something to fix the problem? 

Foreigners have been the back bone and the savior to the Philippines during times of unimaginable troubles over the years. The recent Typhoon Yolanda devastated the area of the Central Philippines and yet it was these Foreign Nationals Countries that come to the aid of the Philippines in its time of desperation. CNN Journalist Anderson Cooper reported that there was NO sign of any leadership among the local and National Government Officials. People were not getting aid and it seemed that thousands more would die because the relief efforts were being hampered by a corrupt Government that cared more about killing looters than it did about saving lives. 

It was the humanitarian aid from the world that came to the rescue once again bringing peace and stability to the Philippines in its time of need. What would be the reason why the Philippines Bureau of Immigration would continue to capture and torture Foreign Nationals who only want to help the Philippines? Our reporters have asked some tough questions in a phone interview with the CHR Chairperson Loretta Ann Rosales head of the Commission on Human Rights in Manila. 

During our interview with Ms. Rosales it appeared she was well aware of the situation happening at the Bureau of Immigration and even had a team of investigators and doctors visit the Bicutan Jail. Ms. Rosales did confirm many of the victims claims did have merit and she did confirm to our reporter James McCarthy that there were many victims of the BI she would not say how many at this time. Ms. Rosales confirmed that the CHR would be investigating the files of these detainees who claim to be held illegally and swift actions would be taken. Unfortunately it has been 3 months since our interview with Ms. Rosales since then we have followed up with these detainees to see exactly what has been done and if they are still being locked up or what the status of their cases are. The answer was not what I wanted to hear. The detainees have had no contact from CHR since our first report. No changes in the Bureau of Immigration and most if not all of the detainees are still being held arbitrarily despite the international media exposure. 
The international humanitarian rights group “Foreigners For Justice” have decided to take action by filing a host of criminal charges and complaints against BI Officials and are even willing to file charges against other Government agencies if they do not act to solve this issue once and for all. 

We spoke with the President of the Foreigners For Justice last week Mr. John F. Reilly and he said that the United Nations is now getting involved in this Philippines Illegal Activity. He spoke about how the world has seen how corrupt the country is and that fierce action must be taken to stop this illegal syndicate from spreading. 

Mr. Reilly is notifying the ICC International Criminal Court to see if formal charges can be made against Government Officials who are not doing anything to stop the despair and corruption and the Foreigners For Justice lead counsel is writing letters to all the world Governments to place a travel ban advisory on the Philippines until such time that this behavior is no longer active in the Philippines. 

You can read more about this issue at the website www.philippinesimmigration.info.

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Fla.'s Same-Sex Marriage Ban Unconstitutional: Federal Dist. Court - CourtSide

See - Fla.'s Same-Sex Marriage Ban Unconstitutional: Federal Dist. Court - CourtSide





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Florida's ban on same-sex marriage was struck down in federal court Thursday as being a violation of constitutional rights, though the decision won't take effect immediately.

In his ruling, U.S. District Court Judge Robert L. Hinkle found that Florida's prohibition on same-sex nuptials infringes on the "fundamental right" to marriage under the 14th Amendment's Due Process and Equal Protection clauses.

Hinkle stayed his own ruling, pending the outcome of gay marriage decisions in several other states, including Virginia, where the U.S. Supreme Court imposed a stay on a 4th U.S. Circuit Court of Appeals decision allowing gay marriage while it determines whether or not it wants to hear the case.

The victory in federal court follows four previous victories in state courts for Florida gay marriage advocates. It also marks the latest in a string of 19 federal rulings overturning state prohibitions on same sex marriage, including Virginia and Oklahoma earlier this year, and Utah in late 2013.

Throughout the ruling, Hinkle compares the current legal battles over same-sex marriage to earlier legal tussles over interracial marriage. Ultimately, says Hinkle: "The institution of marriage survived when bans on interracial marriage were struck down, and the institution will survive when bans on same-sex marriage are struck down. Liberty, tolerance, and respect are not zero-sum concepts. Those who enter opposite-sex marriages are harmed not at all when others, including these plaintiffs, are given the liberty to choose their own life partners and are shown the respect that comes with formal marriage."

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Lawyers Should Take Notes by Hand

See - Lawyers Should Take Notes by Hand





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New research confirms what many of us have believed all along: taking notes by hand — with a pen and paper — is better than typing. Setting aside the potential for distraction (games), the act of taking notes on a computer actually interferes with your memory.

Taking Notes by Hand Improves Retention

RelatedCornell Notes PDF Generator

According to Vox, psychologists Pam Mueller and Daniel Oppenheimerinvestigated the effectiveness of different styles of notetaking by having students watch a 15-minute TED talk while they took notes. A half hour later, they had to take a test on the material that included both factual and conceptual questions. Students who took notes by hand performed better than students who took notes on a laptop, no matter what Mueller and Oppenheimer tried.

It turns out that typing speed is a big part of the problem. When you have a keyboard, you have a very strong tendency to transcribe what you hear, even if you try not to. But when taking notes by hand, you have to (a) pay attention and (b) decide what is important.

Based on this study, at least, there is no question how lawyers should be taking notes: by hand.

Of course, one of the reasons for typing is so that you can take down more information that you can digest later. To control for that strategy, the researchers let some students review their notes before taking the test a week later. That did make a difference — for the students who took notes by hand. Laptop-notetakers actually performed worse when they had a chance to look at their notes.

They also tried instructing the laptop-notetakers to slow down and take notes in their own words. Even with those instructions, the students wrote down a lot more than the students who took notes by hand, and underperformed on the test as a result.

To sum up, the act of taking notes — by hand — matters.

Lawyers Should Not Take Notes on Laptops

Here is the actual breakdown of the students’ performance on factual and conceptual questions:

As you can see, laptop users did pretty well on factual questions, relatively speaking, but they fell far short on conceptual questions, which involved comparing and analyzing ideas from the TED talk they watched.

Lawyers certainly need to be able to retain facts, but the application of those facts to the law is conceptual, using the researchers’ terminology. Based on this study, at least, there is no question how lawyers should be taking notes: by hand.

Lawyers Should Take Notes by Hand

Lawyers take notes all the time, obviously, and it is probably a good thing that many still rely on the humble legal pad.

Related“Why My iPad Will Never Replace my yPads”

If you are paperless, it’s still a good idea to take notes by hand. Just toss them in your inbox and scan them when you get a chance. Or, if you want to get fancy, there are plenty of note-taking apps that let you use a stylus and your tablet instead of a pen and paper.

Now, Mueller and Oppenheimer did not test note taking on tablets. It is possible that the benefits of taking notes do not carry over from paper to tablets. But if you are taking notes by hand, it probably does not matter whether you are using a pen and legal pad or a stylus and iPad. If there is a problem, it would just be that taking notes on a tablet is actually a little slower than pen and paper.

Besides, typing is probably the least-effective way to get a transcript of a deposition or hearing. Use a voice recorder (or voice recording app), instead, or just get the transcript of the hearing. Then you will have the best of both worlds.¹

Laptops Are Bad for Client Relations

There is another reason — not in the study — why a pen and paper or stylus and iPad might be a better choice for client meetings, at least. Your laptop screen is a physical barrier between you and your client. And if you are looking at your laptop instead of at your client, it sends the message that you are not listening.

[W]hether or not you have a laptop in front of you, use a pen and paper or stylus and tablet for your note taking.

Instead, sit and listen actively to your client during meetings. Your relationships with your clients will be better for it, and you will probably ask better questions and do a better job remembering what they have told you. If you really need a verbatim transcript of client meetings, consider recording it, or have an associate play the role of court reporter.

If you regularly need to access court records, client files, or forms during client meetings, use an iPad or Android tablet instead of a laptop. A tablet is less intrusive and easier to share with your client. If you absolutely must use a laptop, keep your fingers off the keyboard unless you need to look something up, and talk to your client about what they are doing as you do it.

And whether or not you have a laptop in front of you, use a pen and paper or stylus and tablet for your note taking.

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Making a List: The Conflicts Check

See - Making a List: The Conflicts Check





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Our rules of professional conduct dictate that we hold certain information in confidence. We hold that confidence to the exclusion of all others, and can even resist a subpoena to protect our clients’ secrets. Similarly, we take an oath to zealously advocate for our clients. In an ideal world, these two responsibilities would never run afoul of each other.

But they do. And when they do, lawyers could lose clients, money, their job, or even their license.

To prevent these problems all lawyers know they are supposed to do a “conflicts check.” But that’s all they teach you in law school: you have to check for conflicts. Eric Cooperstein, a Lawyerist contributor and ethics-defense attorney, explains the purpose of a conflict check:

Um . . . to make sure there’s not a conflict? Even in very small or solo firms, lawyers should not rely on their memories to determine whether they have a conflict. Detecting a conflict after the representation has started may harm the client and the lawyer.

Minnesota Lawyers Mutual’s vice president of risk management, Todd Scott, writing in the ABA GP Solo’s Law Trends & News newsletter, puts it another way: The purpose of a conflicts check is to ensure that your commitment to your client’s matter will not be distracted by your commitment to any other person.

The importance of conflict checking

In the LAB, Sam says the only risks of missing a conflict are a potential withdrawal and some returned fees: “no big deal.” But Michelle Turbanic, a conflicts attorney with an international law firm, disagrees:

There is a reason conflicts checks are so often the topic of discussion at CLEs, especially those programs designed for new attorneys. Failing to perform a conflict check can result in having to fend off a disqualification motion, or worse, having disciplinary proceedings filed against you. In many larger firms, conflicts departments are considered a division of risk management. And I think that is exactly how you need to view a conflict check, as very necessary risk management procedures that ultimately protect you, your practice, and your firm.

The right information

The first step to conducting a conflicts check is having a system in place. But before you can structure the system, you need the information that your system will rely on. I asked Turbanic about what information needs to go into the system. “A list of names is really only a decent start to what a conflicts system should contain,” she said. She explained that the database should have as much information as possible because you may need more information once you uncover a potential conflict. Each contact should be linked to a file or a matter. Ideally, at a glance you will also know if that matter is open or closed. The relationship the firm had with the contact is also important. Turbanic explains that it is “most helpful to know if each name in your database had a client, adversary, or third-party relationship with you or your firm.”

Even for those contacts, the system will be useless without further information. For example, knowing that you represented Sue Smith in a divorce is comically useless unless you have an impeccable memory. The database should also include what Cooperstein refers to as “related names.” Spouses, children, employers, etc. As you input information, think about potential clients down the road. Cooperstein gives the example of an estate. If you represent the executor, make sure to include in your system the beneficiaries’ names. He also points out that it “may be useful to [include] the names of expert witnesses or key fact witnesses] in your database.

Finally, the database also needs to include information about any attorneys at your firm, including about their past clients. Include who they represented, what the issue was, and the other parties involved are all necessary information in your database. Turbanic reminds us that “it is extremely important to remember you have obligations to former clients, not just current ones.”

Maintaining the database

Modern practice management software allows firms to input this potentially voluminous data with relative ease. As opposed to binders or notecards, digital options can be searched almost instantaneously. And practice management suites like Clio, Rocket Matter, and MyCase all offer remote access to the information. Unfortunately, these systems are little more than rolodexes in this sense. None of the three systems allow you to link contacts to each other. Which means that if a name you’re searching for pops up in your system, you have some digging to do. You cannot easily see all of the contacts that person is associated with, such as their lawyer, their daughter, etc.

Of course, there is still the opportunity for human error. Beyond making sure that spelling is correct, it’s important that everyone in the firm is using consistent punctuation and abbreviations. That will allow the system to operate efficiently. It sounds obvious, but it’s easy for one person to abbreviate a company using its common acronym, while someone else normally spells things out. Soon the database could have S.H.I.E.L.D. as a client and the Strategic Homeland Intervention, Enforcement and Logistics Division as an opponent in another case, all because of a breakdown in abbreviation consistency.

Putting information into your database when a new case is opened or a new client comes in is easy. Ideally, you’ll collect all the information about opposing parties and third parties up front. But that isn’t always what happens. Cases evolve and parties are joined or dismissed. Expert witnesses are hired, and principals leave companies. Michelle Turbanic points out that unless the system is up-to-date, you won’t be able to do a proper check. That’s why you should update the information once a case is closed, if there is a new matter for an old client, or if you lose a client.

The conflict check system

Now that you have your data, you can start to sort out your system. Methods for conducting conflict checks are as varied as law firm billing structures. In the LAB, several members described their conflict-checking systems. Some rely solely on attorneys’ memories, while others require a more thorough records check. In his article, Scott lays out several different methods. The first is a three-binder system. Scott explains:

The best way for the law firm to establish and maintain these lists [of clients and related contacts] is to keep them in three separate binders. The client list in the first binder is updated every time a new client retains the firm to handle a legal matter. A Client Data Sheet containing basic information about that client is added to the binder in alphabetical order, and is permanently stored in the binder.

The second and third binders containing lists of other parties and lawyers are always being updated as a client’s matter is ongoing. As you learn of new parties and individuals, as well as attorneys that become involved in your client’s matter, you fill out a short Conflicts File Memorandum form indicating the name of the person and their relationship to the legal matter involving one of your clients.

Scott’s article was written in 2006, and surely some firms still use this binder system, or its cousin, the notecard system. Presumably most firms have evolved to some kind of digital system for ease-of-use and security purposes.

You can have the most robust, easiest to use, and least expensive conflict check system in the world. And if nobody in your firm uses it, it is completely pointless. Thus the best system is one that everyone in the firm signs onto. From the partners to the paralegals, everyone must ensure that data is input correctly and the checks are actually conducted.

Binders or bytes?

The biggest and easiest decision to make is whether to maintain a paper system or a digital system. The digital system should be the obvious choice. It allows quicker searches, the ability to store more data, and it can be backed up. Paper systems are localized, prone to easy destruction, and can only be searched manually.

One terrific benefit of a digital approach is automatic fill fields. Even with Microsoft Excel or Google Drive, the system can start to autocomplete a name as you type it. If something unexpected comes up, it can prompt you to dig deeper in your conflicts check. But most importantly, it can help avoid human error. If you start typing in a name and the field prompts you to auto-fill with a similarly spelled name, you will be able to see if someone else had the same name in there spelled differently.

Digital systems also allow access when you are away from the office, and the check should be done as early as possible. A system that you can access remotely will allow you to do a conflict check when someone comes up to you in the courthouse looking for help.

Conducting the check

Eric Cooperstein points out that the conflicts check should be performed immediately, before you receive any confidential information from a prospective client. He notes that “detecting a conflict after the representation has started may harm the client and the lawyer.” Therefore the check should be part of your intake process, even before a file is formally opened.

There is some mystery around conflict checks. In law school we learn that we have to do them, but not how to do them or what they entail. In fact, the first step is incredibly easy. Run the name of the new client(s), any adversaries, companies, etc. through your system. If the name doesn’t come up, you’re likely in the clear.

If a name or organization is already in your system, it’s time to dig. Is this a current client? A former client? What is the previous matter they were involved with? How were they involved?

With all your information in hand, it’s time to turn to your jurisdiction’s ethics rules. Under the Model Rules of Professional Conduct, Rules 1.6 through 1.13 are all helpful depending on the relationships. You need to determine if you can represent this new client in this specific matter. And, if you can, whether it requires any formal waivers from any other people or entities. As Cooperstein notes: Some lawyers see conflicts everywhere; others can’t see a conflict sitting right in front of them. It’s a good idea to seek input from an unbiased lawyer when you think you may have a conflict or when someone accuses you of one.

Keep in mind conflicts can extend beyond your ethical requirements. There may be business conflicts or conflicts of interest looming around a corner. Consider your firm’s interest and image, and who the firm does business with regularly. These things can play a role in a decision to take on a  new matter.

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Know Your Weaknesses as Lawyers - by Josh Camson

See - Know Your Weaknesses





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The Quick Assessment

Many lawyers can identify their weaknesses. A bad memory, poor handwriting, nervousness in court, or some other apparent weakness can plague anyone. It’s easy to identify these weaknesses and come up with a quick solution to solve them. Bad memory? Try writing everything down. Poor handwriting? Just type instead. Nervous in court? Join Toastmasters. But that doesn’t address the “why,” which I’ve found to be helpful in eliminating weaknesses over the long term, and becoming a better lawyer/friend/spouse/person.

For example, I am somewhat messy. When I come home from work I tend to just discard items on chairs, tables, etc. When I moved in with my girlfriend I vowed I would simply stop doing this. Easy, right? Wrong. I didn’t get to the root of the problem, and until I did, the habit recurred in cycles.

Sitting Down with Yourself

If you look at the causes of these weaknesses, it may reveal character traits you didn’t know you had. For example, if you can get to the bottom of not just whether or not you have bad handwriting, but why your handwriting is so bad, and what it says about you, you can turn that weakness into a strength. But more on that in a bit.

I’ll use my example of being messy. I leave things lying around, and put things down in random locations. OK. The easy fix here is to say I’m not going to do it anymore. But if I look at why I do it, I can learn more about myself. I think I do this because I’m impatient and get sidetracked easily. I throw my coat on the dining room chair because I see there is mail that needs to be opened. Or I carry my mug downstairs and put it in the sink because I get distracted by a cat, then forget to put the mug in the dishwasher.

My conclusion is that I’m somewhat impatient and I get distracted. So what? Now that I’m cognizant of this character trait, or potential weakness, I can keep an eye out for it. It becomes a strength. I know that I am impatient, so I take significant steps to notice when I’m acting on my impulses and put a stop to it.

Using the Knowledge

As lawyers, it is our job to see the opponent’s weaknesses. Whether they are counsel’s weaknesses, the holes in the case, the impeachability of the opponent, or any other number of issues, our job is to spot them. Then our job is to exploit them, as necessary, to our client’s advantage.

Now that we have turned the looking glass inward, we can similarly exploit our own weaknesses. According to Ralph Waldo Emerson, “Our strength grows out of our weaknesses.” There are, in my opinion, two ways to do this. You can either become hyper-vigilant about your weaknesses and thus make that your strength, or look at the flip side of your weakness as a strength in and of itself.

In my example above, I became hyper-vigilant about my weakness. I keep an eye out for it and try to squash it at the first sign of emergence. But others believe that within every weakness there lies a strength.

Dave Kerpen, author of Likeable Social Media: How to Delight Your Customers, Create an Irresistible BRand, and Be Generally Amazing on Facebook and Other Social Networkswrote about those associations. According to Kerpen, drawing from David Rendall’sThe Freak Factor: Discovering Uniqueness by Flaunting Weakness, there are direct correlations between various traits. He provides a list of apparent weaknesses and coinciding strengths:

1) Disorganized —> Creative
2) Inflexible —> Organized
3) Stubborn —> Dedicated
4) Inconsistent —> Flexible
5) Obnoxious —> Enthusiastic
6) Emotionless —> Calm
7) Shy —> Reflective
8) Irresponsible —> Adventurous
9) Boring —> Responsible
10) Unrealistic —> Positive
11) Negative —> Realistic
12) Intimidating —> Assertive
13) Weak —> Humble
14) Arrogant —> Self-Confident
15) Indecisive —> Patient
16) Impatient —> Passionate

I think some, such as arrogance and self-confidence, are an easy way out. It’s easy to be arrogant and potentially rude to people, then justify it to yourself by saying it’s just your self confidence. Similarly, lawyers need to understand the difference between stubbornness and dedication. The former can keep a deal from closing, while the other can make you a terrific attorney.

The first key is knowledge. With the knowledge of our own traits we can do whatever we want. But to remain blind to our own weaknesses serves nobody.

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Law Web: Tips for writing clearly and concisely for successful legal profession

See - Law Web: Tips for writing clearly and concisely for successful legal profession





"x x x.

Some perfectly good words lose all their meaning through misuse or overuse. “Verbiage” is one of them. The primary entry in my dictionary defines verbiage as: “More words than are required for clarity or precision.” Sadly, verbiage is the epitome of most legal writing. Lawyers make money being persuasive. So remember, the most effective letter doesn’t bury the point in verbiage. Plain-language contracts are less likely to generate litigation. Court rules about word and page limits for briefs mean you must be your most persuasive within a finite space.

Concise writing allows you to cover more points than if you must omit some because your primary issue has filled the available pages. Some judges privately admit they appreciate shorter briefs and dread drudging through a long one. A turgid brief has one count against it from the start. To cut the verbiage from your writing, make sure every word counts and sentence construction is terse. Here are some suggestions.

Reconsider Adjectives and Adverbs

“Clearly” may be the most abused word in legal writing. Often the point being made is not clear at all. If you have made your point clearly, it will stand on its own merit. Word-search for “very” in your writing, too. Frequently, “very” adds nothing, and the sentence is more dramatic without that word: “The driveway was very long” versus “The driveway was long.” Specificity improves credibility. The reader makes the judgment call, rather than relying on the writer’s conclusion: “The driveway was 50 yards long.” Remove instances of “very” that clutter your writing.

Beware the Passive Voice

You have probably read you should not write in the passive voice, but perhaps you have not understood why. Passive sentences can muddle the message by not disclosing the entity that performed the action: “The issue was considered closed.” Or the actor may be disclosed, but the sentence is long and weak: “The issue was considered closed by the condominium board.” Subject-verb-object is the word order of a direct sentence. Direct sentences are shorter and more to the point: “The condominium board closed discussion on the issue.” Active voice is almost always the advocate’s better choice.

Avoid Redundancy

Yes, you are making an important point. So phrase it well the first time. Repetition does not increase the persuasiveness of your writing. On the contrary, it induces the reader to skim, searching for relevance and perhaps missing the most important argument hidden among the verbiage.

Don’t Forget

Spell-check is already part of your word processing software, and you should routinely use it before transmitting documents. This function also performs some basic grammar checks. WordPerfect’s Grammatik seems to do a better job of this than Word’s Spelling & Grammar review. When I tested it, Grammatik picked up a missing lead quotation mark, but Spelling & Grammar did not.

Heed the Experts

Versions of the quote “If I had more time, I would have made it shorter” are variously attributed to many, including Blaise Pascal, T.S. Eliot and as far back as Marcus Cicero. I guess they were on to something. Take the time to shorten your work to maximize advocacy success.

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- See more at: http://www.lawweb.in/2014/07/tips-for-writing-clearly-and-concisely.html?sf30085265=1#sthash.9mdFCdnV.dpuf

Stressed About the Bar Exam? 5 Last-Minute Tips from an Expert Tutor! | The Girl's Guide to Law School®

See - Stressed About the Bar Exam? 5 Last-Minute Tips from an Expert Tutor! | The Girl's Guide to Law School®





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Tip 1: Make sure your essays look professional. Would you show up to an interview in a wrinkled or mismatched suit? I hope not! Well, the bar exam is actually a written interview of sorts—the graders are deciding based on your writing whether or not you should be licensed to practice law. So how do you make a good impression? Present yourself in the best way possible—on paper. That means that your answer should be organized (well-planned); easy to read (this means headers, people); and should follow any writing requirements (IRAC, if you didn’t know this already). Oh, and answer the question asked (if it is a four-part question, then answer it in four parts). Don’t ever think you have a better way to organize an answer than the bar examiners have presented to you. They are asking you a specific question—give them a specific answer!

Tip 2: Write with confidence. I read a lot of essays every day and it is amazing to me what can be communicated through an essay. I can tell frequently when a student didn’t outline or is unsure about the law or is running out of time. But mostly I can tell when a student is writing without confidence. As attorneys we are expected to present ourselves and our arguments confidently; you never want to act as though, well, you don’t know what you are talking about! So why would you do this on the bar exam? In many jurisdictions (yes, California included) most people will need to make up law on the bar exam because it is impossible to know everything. (I will admit it—I had to make up some constitutional law on my bar exam.) But the trick is, you need to make it up with confidence (and I did, and I passed!). Don’t tell the graders that you don’t know what you are talking about. Make them read your essay and follow your argument.

Tip 3: Take some full-length practice exams. In California, the testing day is six hours of writing in two three-hour blocks. In the morning you have three hours to write three essays and in the afternoon you have three hours to complete one performance exam. The first time you take timed practice tests (in three-hour blocks or for six hours one day) should not be on testing day. You should do a dry run or dress rehearsal of the testing day for both the written portion and the MBEs. You need to get used to taking the test in this way to practice time management and also for endurance.

Tip 4: Take care of yourself and get ready for “game” day. Many folks studying for the bar exam think that if they just study a few more hours the last week of the preparation period, that will make all the difference. Typically though, that is the wrong approach to take. If you study too much—too many late nights, for example—you are likely going to be tired and burned out for the test. And that isn’t a good plan because the test is hard and you need to be at your best. So take care of yourself. Eat good food, get some sleep, and even soak in a bubble bath (if that helps you relax). But make sure you are feeling physically and mentally good, come the day of the exam.

Tip 5: Simplify the experience—have a plan and don’t over-complicate testing day. Okay, so the testing week is stressful. You have to do your final hours of studying, get everything organized, and actually take the exam. What can you do to keep things as simple and stress-free as possible? Have a plan. Here are some things you should consider when making your plan.

• What time are you going to get up?
• How are you getting to the testing center?
• What time are you going to leave your house/hotel?
• What are you going to eat for breakfast so as not to get hungry mid-morning?
• What are you going to eat for lunch?
• When/where are you going to upload your answers (if taking the test on a computer)?
• What are you going to take with you to the testing center?

Note: Most jurisdictions give you a list of what you can bring into the testing center. Should you bring everything you possibly can on the list? No! Only bring what you need. Bringing in tons of junk with you (just because it is allowed) is not wise. It is just going to clutter your workspace (of which you likely won’t have that much) and give you more things to remember and keep track of (which leads to more stress).

Keeping these tips in mind will help you give yourself the best chance of passing on exam day.

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Sale of foreign securities to Philippine investors | Inquirer Business

See - Sale of foreign securities to Philippine investors | Inquirer Business





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Section 28 of the Securities Regulation Code (SRC) provides that “[n]o person shall engage in the business of buying or selling securities in the Philippines as a broker or dealer, or act as a salesman, or an associated person of any broker or dealer unless registered as such with the Commission.”

What is a “salesman” of securities for purposes of the SRC’s registration requirement?

This was one of the issues in the recent case of Securities and Exchange Commission vs Oudine Santos, G.R. No. 195542, March 19, 2014, where the Supreme Court held that an employee of an issuer, who provides information on unregistered securities offered by the latter, may be deemed as “salesman” of securities if such giving of information brings about the sale of the unregistered securities.

In this case, Santos provided information on unregistered investment products offered by her employer-issuer to certain retail investors in the Philippines. She received extra consideration for providing the information. She helped convince the public to invest their money in the investment product. The whole scheme turned out to be a scam.

When charged with engaging in the “selling” and “offering” of securities without the required registration and permit as a salesman from the SEC, Santos claimed that she was merely an employee who provided information to prospective buyers. She also claimed that she was neither a signatory to any contracts nor a recipient of the investment money.

In the light of the peculiar facts of the case, the Supreme Court ruled that Santos was a “salesman” of securities and needed to be registered and licensed as such by the SEC pursuant to our securities laws. The Court principally relied on the fact that Santos provided information that eventually led to the sale of the securities to the investors.

Does the ruling mean that any information dissemination that eventually leads to the sale of the securities constitutes an offer or sale of securities so that they need to be registered with the SEC? What if the presentation is limited to introducing foreign-issued securities and providing information thereon, without more, to Philippine-based investors? What if no actual offer or sale of the securities takes place in the Philippines? What if the sale is negotiated, paid for and consummated outside the Philippines through a foreign account?

On its face, the Santos case does not answer these questions. The legal puzzle then is: Does the case give an idea of how the Supreme Court will rule on these issues if and when they are brought to it for decision?

Well, it may be prudent for those concerned to consult their lawyers in light of this new case.

(The author is a senior partner of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW) and is a law professor in the Ateneo Law School. The views in this column are exclusively his, and should not be attributed in any way to the institutions with which he is affiliated.)

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Delaware Is 1st State to Pass Law on Digital Assets After Death - CourtSide

See - Delaware Is 1st State to Pass Law on Digital Assets After Death - CourtSide





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Delaware Is 1st State to Pass Law on Digital Assets After Death

By Brett Snider, Esq. on August 20, 2014 12:38 PM

Delaware has moved into the digital rights vanguard by passing a law granting families the right to control a loved one's digital assets after his or her death.

According to Ars Technica, Delaware is the first U.S. state to accomplish this kind of legislation, although some states (like Idaho and Nevada) have more limited versions of digital rights for heirs. Speaking to the law's strengths, a spokeswoman for the Delaware governor's office noted that regardless of the location of the digital account provider (e.g., Twitter, which is based in San Francisco), if a will is governed by Delaware law, the executor would have access to those accounts.

Several other states have laws dealing with email or certain social networking assets after death, but they lack a comprehensive grasp of the scope of a modern person's so-called "digital estate." In addition, each social media service has its own policy on what happens to a user's account after death, leaving some to try to place these accounts in a trust.

Delaware's HB 345, the Fiduciary Access to Digital Assets and Digital Accounts Act, attempts to patch these gaps in law and policy by providing a state sanctioned procedure for requesting and gaining access to a dead loved one's accounts.

The law is set to take effect on January 1, 2015.

Delaware's Fiduciary Access to Digital Assets and Digital Account Act (HB 345)

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Jardeleza appointed as Supreme Court justice

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President Benigno Aquino II has appointed Solicitor General Francis H. Jardeleza as Associate Justice of the Supreme Court (SC) on Wednesday morning, August 20, 2014 a day after the Supreme Court voted to include him in a list of nominees. Voting 7-4, the SC en banc on Tuesday, August 19 declared that Jardeleza is deemed included in the candidates for the vacated post of retired Justice Roberto Abad. Jardleza had previously asked the SC to overrule the Judicial and Bar Council’s decision to exclude him due to integrity issues raised by high court Chief Justice Maria Loures Sereno. The Chief Justice and Justice Antonio Carpio inhibited from the voting, while another unnamed justice was on leave. Sources in the JBC told Rappler that during deliberations, questions were raised on why Jardeleza reportedly deleted a portion of a memorandum submitted by the Philippines to challenge China’s claims in the West Philippine Sea (South China Sea). The deleted portion, which was later reinstated, would have undermined the Philippines’ claim over disputed territory. 
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Therapeutic Jurisprudence in the Mainstream | Creating better courts and tribunals

See - Therapeutic Jurisprudence in the Mainstream | Creating better courts and tribunals





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Linking Criminal Courts with Treatment and Support

Posted on August 13, 2014by mainstreamtj

Applying a therapeutic justice approach, mainstream criminal courts can explore, and respond to, the causes of crime.  

One common cause of offending is substance abuse and addiction.   In specialist drug courts there is a clear link between the criminal justice process and treatment.  In mainstream courts there are many points in the system that can be an opportunity to link the person with treatment and support:

• pre-charge (police referral to treatment)
• pre-sentence (through supportive bail programs)
• during the sentencing process (judicial monitoring with treatment)
•  as part of the sentence itself (a sentence that allows for community based treatment).

Such interventions may not always be appropriate if other considerations come into play such as community protection but for the majority of people in the criminal justice system risks can be managed in community based treatment.

To minimise harm to the community and the person concerned, intervention early in the process is key however intervention can be available at various points.

In this post we have talked about substance abuse but these principles apply to other underlying causes of offending such as mental ill health or financial problems.

Continue reading →

Posted in Court Support | Tagged Addiction Treatment, court support, Criminal Justice, mainstream, therapeutic jurisprudence | Leave a comment

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