Legal Law

University of Phoenix Online: The Best Option to Earn Your Degree Online

University of Phoenix Online (UOP) is one of the largest online universities offering various online degree programs covering almost all career fields. Over the years of service, UOP has earned a very good reputation for educational teaching and excellent student service. What makes University of Phoenix Online so special? How will you benefit from the online learning features offered by UOP?

UOP is an accredited online university that primarily offers 100% online degree programs geared toward working adults, regardless of where they live. The Higher Learning Commission, a member of the North Central Association, is the accrediting agency that accredits University of Phoenix Online. If you are interested in earning your degree online, accreditation information is important to you because it is a measure of the quality of your degree programs that determines the acceptance of degrees in the job market.

Phoenix University Online specializes in offering relevant degrees from a basic bachelor’s degree to master’s and doctoral degrees that cover nearly every career field in business, management, technology management, information systems, education, law, and nursing. If you plan to pursue a degree or further study to deepen your knowledge related to your career for job advancement or career advancement, you should find the degree of your choice among the degree programs offered by the University of Phoenix online.

This university is one of the US-based online universities that accept international students. If you are leaving the US and interested in earning your degree online from one of the most famous universities in the United States, UOP may be the right choice for you. As most online degree programs can be completed 100% online, there is no geographical limitation. Students from around the world can earn their degree online through UOP’s online degree program from their home country. They just need to have an Internet connection to log in to the UOP online learning system to attend online classes, download online learning material, and ask questions or get help from their online instructors.

As most of the online degree programs offered by University Phoenix Online allow you to plan your own study time that best suits your work schedule, you may choose to complete your degree over a long period of time if you have a schedule. Otherwise, if you need a degree urgently for a job promotion or career advancement in the near future, you can plan to complete your degree as quickly as possible. In general, the average UOP online students complete their degree courses in just two to three years.

For students who are stretching their budgets, there are various financial aids in terms of scholarships, grants, and student loans available to them. Additionally, some flexible fee payment plans are offered to students to reduce their financial burden while earning their degree at UOP. You can easily get financial aid information from the college’s website.

Summary

University of Phoenix Online has been one of the best accredited online universities offering online degrees covering most career fields, making it easy for you to find yours to reach your career goal. Flexible and convenient online learning environment with flexible payment and financial aids, becomes your best option to earn your degree online.

Legal Law

Cool War: The Future of Global Competition Book Review by Noah Feldman

In an easygoing, didactic style, Harvard Law Professor Noah Feldman’s new book Cool War: The Future of Global Competition, discusses how China’s rise as a globally significant economic superpower has created an increasingly complex dilemma for the United States, both militarily and economically. Consequently, Feldman aptly coins the term “cold war” to describe a much more complex set of cooperation, competition, and tension between two enemies locked in an uneasy embrace of economic interdependence.

Feldman points out that the interrelationship of the two nations is new by historical standards. For example, throughout the Cold War, the United States and the Soviet Union were clear military and political rivals, with little or no economic interaction. In contrast, communist-controlled China is currently America’s largest trading partner. Hundreds of thousands of Chinese students study at American universities, and the two nations have become stakeholders in a shared cultural and economic experiment.

Furthermore, China quietly accumulated a staggering amount of US sovereign debt. Even in the 20th century, Feldman points out, nations never invested significantly in another country’s national debt.

Acting like the world’s last remaining superpower, Feldman rightly points out, means having to spend like one. And, after several costly misadventures in Iraq and Afghanistan, the US public is clearly not in the mood to spend trillions more on a massive military buildup, especially one that relies on borrowing from the very nation it is ostensibly against. seeks to defend itself, to finance that.

While China has not yet sought to achieve military parity with the US, that strategic goal is not out of the question. The bottom line, Feldman observes, is that a shooting war is not inevitable, but some form of ongoing conflict clearly is.

It illustrates how the status of Taiwan represents a major potential sticking point for both independent nations, as Taiwan’s current diplomatic posture involves an ambiguity that suits both Chinese and American wishes. On the one hand, China’s main ambition is to bring Taiwan back into its own orbit. On the other hand, a visible failure to defend Taiwan in the event of a crisis with China would effectively end any semblance of US global hegemony in the Far East. This imaginative moment may actually come sooner than anticipated, as many pundits have contemplated that the US may realistically have to abandon any hope of continuing to treat Taiwan protectively, in light of larger global realities to come. they involve North Korea and other hotspots.

China’s global ambitions are hidden in plain sight. The populous nation has already invested billions in a conventional military buildup. In practice, China’s foreign activities are in line with the government’s intention to eventually align its geostrategic position with its economic one.

Regarding China’s weaponry, Feldman astutely points out that such empowerment occurs over decades, not a few months. And, unlike the US, which vests its powers in officials after a publicly visible election in regular 2- or 4-year cycles, China’s military plans can be more gradual and without the need for sudden policy changes afterward. of a contested election.

Furthermore, China only needs to increase its military capability to the point where it is large enough that it does not have to use it. China ends up winning a war without even firing a shot, as the United States suddenly finds itself uninterested in fighting a serious war that it might actually lose.

Feldman also correctly points out that modern acts of “cyber warfare” are a non-traditional, asymmetric form of combat that allowed the Chinese to exploit non-traditional weaknesses in the US security infrastructure without a realistic threat of military retaliation. In addition, covert cyber warfare enables intellectual property theft and corporate espionage, where US company trade secrets and other valuable data are compromised and stolen. Feldman predicts that the regular and ongoing acts of cyber warfare emerging within China are likely to continue in this “cold war” phase.

Notably, Feldman’s book does not explore the prevalence of Chinese counterfeiting as a source of ongoing dispute with corporate America. Counterfeit products are widely viewed by American corporate interests as a serious and covert form of economic espionage that is causing significant harm to business interests. While human rights are certainly a major source of Chinese criticism from the West, China’s tolerance of intellectual property theft is a sore spot for thousands of US companies, who routinely push for harsher and harsher sanctions. against such violations of WTO rules.

Feldman also points out that nationalist sentiment exists on both sides of the coin, with Chinese citizens likely taking pride in China’s rise to global prominence, and Americans’ frustration with China’s currency manipulation and growing trade deficit. equally solid. He points out that economic interdependence does not eliminate this tendency toward silent conflict.

Another interesting area that Feldman discusses is the conflict between American and Chinese ideology, such as it is. The core ideology of today’s Communist Party represents a strange experimental pragmatism in economics summed up in Deng Xiaoping’s quote: “It doesn’t matter if the cat is black or white; if it catches mice, it is a good cat.” Even the goal of maintaining the communist party apparatus is viewed with such harsh pragmatism that it puts China in a very different ideological place than the Stalinist Soviet Union in the 1960s.

China’s ideological pragmatism leads to the result that it will gladly do business with countries like the United States, as long as American democracy respects the way it does things. Thus, the ideological divide between the United States and China is much less a moral chasm than the disagreements that separated Kennedy and Khrushchev. However, to the extent that Americans perceive China as unwilling to compromise Western values ​​such as human rights and the rule of law, it is hard to imagine how continued ideological conflict is not inevitable.

cool war borders on an interesting theme: Feldman points out that as long as the United States can preserve the rule of law for itself, it doesn’t have an absolute need to export it. For example, he points out that Western investors have an interest in having their investments in China respected, but would still enthusiastically invest there if China’s legal establishment were based on coercion (or even outright corruption).

The problem with this observation is that it ignores the reality that in this current state of economic and fiscal interdependence, the American rule of law must be exported to other places, under the weight of its own legal system. Take, for example, when an American business executive invests in a Chinese-run factory to make his company’s devices. His business is subject to, among other things, the Foreign Corrupt Practices Act and a wide variety of statutory, contractual, and tort doctrines that would apply in US courts against him and his business.

Suppose your Chinese-run factory ends up hiring some underage workers to make some substandard gadgets, which are then imported and sold to American consumers, and your manager pays a Chinese official to avoid trouble. This situation can be rigor in Chinese business, but in America, it can lead to that executive being fired, sued, and even prosecuted. This cultural and legal clash is not academic.

Illustrating this culture clash through diplomatic events, Feldman also discusses the anecdotal example of Wang Lijun, the Chinese police chief who sought asylum in the West after uncovering a murder case involving Bo Xilai and a dead British expat involved in a bribery scandal. The story confirmed several widely held beliefs: first, that high-ranking Chinese Communist Party officials engage in widespread corruption, and second, that these party officials and their families act as if they are immune from the rule of law.

The modern twist is that the Chinese party ultimately tried to use this scandal to strengthen its own party apparatus, citing the sordid affair as evidence in the alternative narrative that Chinese corruption will ultimately not hold. Whether anyone really believed in the party is another question entirely.

Legal Law

Legal English for Lawyers

Learn Legal English at Cambridge

If you need to brush up on your legal English to advance your legal career with a more professional legal vocabulary, why not consider attending one of the world’s most prestigious English for Lawyers university programs? You have worked hard to obtain your legal training and now you must ensure that your clients and colleagues appreciate your professionalism and hard work. The nuances and tonality of legal English are necessarily different to those in countries outside the UK and when you intend to practice law or are seeking a position in the legal community, having a solid grasp of legal English and how to use it can be paramount to your success on the field.

Look at it as assimilation into a new community. Of course, it’s important to know the backbone of the law and where it applies, but knowing how to express those applications in the vernacular of your colleagues and clients is just as important to being an effective legal professional. Knowing English for lawyers can also give you a very important advantage over the competition. When you take the time to learn legal English, you demonstrate your commitment to the profession. And of course it is important to know what is being said around you in the context of English law. You wouldn’t want to miss something just because you weren’t familiar with the use of a word or concept.

Understanding and communicating legal English is important for any legal professional who wants to be successful. Knowing the wide usage of English legal terms is important for anyone involved in the legal industry. It should be really obvious and will certainly be appreciated by anyone you come into contact with who knows the legal business. When you show your willingness to learn legal English, you show the part of your character that you know and understand the importance of being proactive to advance your career and be able to better represent your clients.

conclusion

So when you embark on your legal English learning journey, consider Law Studio in Cambridge. English for Lawyers has been successfully taught at Cambridge for decades and is recognized as the leading school for legal English training. You will learn legal English with the best of the best and leave with a confidence that is sure to lead to success in your legal career. Visit www.cambridgelawstudio.co.uk today.

Legal Law

If you are traveling to Chicago, learn the details of Chicago’s traffic rules and signs

Chicago speed limits vary, and on most city streets it is 30 mph. however, interstate highways, but for congested areas, accept a speed limit of 55 mph. In Chicago, at a red light, it is allowed to turn right after stopping when there is no oncoming traffic, but make sure there are no posted restrictions. When in doubt, wait patiently for the green. Cameras are installed at most major intersections in the city to catch drivers running red lights and causing other violations. Chicago is full of several one-way streets, particularly in and around the Loop, so it’s very important to watch for warning signs as well as other cars.

Also, the drunk driving laws in Illinois are quite strict. Anyone caught with .08 or more blood alcohol content while driving will have their license automatically seized and a ticket will be issued. In fact, the authorities of the states of origin will also be notified. Drivers holding Illinois driver’s licenses may have their licenses suspended on the first offense for three months.

Traveling to Chicago involves following several rules and one is that passengers must wear seat belts and even children under the age of eight can wear the strap on child safety seats. This city also does not allow the use of portable cell phone devices and it is considered illegal while driving in the city. Of course these restrictions are not the same in the suburbs, it varies. It is a must for the headlights in case you are using the wipers. Radar detectors are legal in Illinois.

Visiting Chicago is interesting, if you are willing to walk short distances. Most tourist attractions are nearby and can be explored on foot or by public transport. But, if you want to drive here, you have to be prepared to accept Chicago’s rules. However, Chicago is relatively easy to find, as it is a logically designed city. Although there are traffic jams at rush hour and it’s frustrating like in other big cities, you have to accept the fact that the traffic runs smoothly most of the day. Chicagoans are always ready for unexpected delays and one thing is for sure: During the summer and spring months, at least a few downtown streets or one major highway is sure to be under repair. That’s why Chicago is commonly said to have two seasons, construction and winter.

Driving in Chicago, be sure to take a drive along the stretch between the Museum Campus and North Avenue, as it is truly impressive. However, do not miss the posted driving rules. Always be prepared for a taxi from time to time to cut off or make an unexpected turn without giving any signal. Generally, at the yellow light, drivers here pick up speed and therefore honks are common, especially if you can’t make a mad dash before the light turns red. Unsurprisingly, the price of parking is premium and street parking throughout the city center is limited to 2 hours, but get a ticket from the designated pay box and stick it on your board.

Legal Law

Dealing With Your Bankruptcy Attorney: 3 Big Mistakes People Make That Can Hurt Your Bankruptcy Case

Mistake #1: Not telling your bankruptcy attorney about a credit card you want to keep.

There you have it, whether your attorney is asking you in person at his office, or on a form he gave you to fill out: list all your creditors, their addresses, account numbers, and how much you owe. You have a credit card that isn’t “topped up” and you’ve been making minimum payments just to avoid going into default. He would like to keep it because he wants a little credit, in case of an emergency.

What they don’t realize is that most creditors, especially the big banks that issue Visa, Master Card, Discover, and American Express, check your credit report every few months, if not monthly. Sooner or later, it will be obvious that you have filed for bankruptcy because it will be right there on your credit report.

What do you think your credit card issuer will do then? Will they let you keep your card? Will they give you more credit? Unlucky! Not in this life! What you have done is make things incredibly difficult for yourself and your attorney.

What to do instead: Reveal, reveal, reveal. When your attorney asks you to list all the debts you owe, list all the debts you owe. There are reasons for each question. Many wonder why they are necessary. But many more are required so that your lawyer can protect you.

Mistake #2: Not mentioning that you paid a family member back.

Any decent bankruptcy attorney will ask you if you paid money owed to a family member in the last year or two. Every state is a little different. But the idea is that you don’t want to create what is called a “preference”.

In a typical state, if you paid a parent, brother or sister in the last year before your case was filed, you did exactly that – you created a preference. Let’s say he had some credit card debt, some unpaid medical bills, and a loan from his relative. That family member is in the same class of creditors as credit cards or medical bills, but you paid that one to the detriment of the others, creating the preference.

If the amount was more than $600, guess what happens? The trustee keeps the money and uses it to equally pay all unsecured creditors who sued in your case. Of course, the trustee receives a commission for doing that.

What to do instead. Tell your lawyer. If you report it before your case is filed, it may be able to help you, or the family member you paid, keep that money. Keeping it out of the trustee’s hands is the goal. The timing of presenting your case can be critical. this is a perfect example. Possibly, by waiting until the end of the year, that preferential payment ceases to be a problem.

Mistake #3: Allowing too much time to pass from the first visit to your attorney to the presentation of your case.

So much can be written about this bug that it is impossible to cover it here. But, as an example, your attorney will ask for your gross income for the last 6 months. You’ll give her that information, but then you won’t see her again for 6 weeks. Well that means you will have to provide more information to catch up because time has passed and those 6 months are different now than they were before.

What to do instead: It’s really no one’s fault because the bankruptcy code looks at your life in “snapshots.” However, life is lived on a continuum. It progresses day by day and things change as time goes by. The best thing to do is wait and give your attorney all the information they need at the same time. But, that is the ideal. We all have to do the best we can.

Legal Law

Eight Warning Signs of a Bad School

How do parents find a good school? Public schools are not only paralyzed by dozens of bad ideas, but schools seem intentionally designed so parents can’t understand what’s really going on inside the classrooms. It is probably more practical to be alert to danger signals that can be seen from a distance. Here is a checklist of the top eight signs you don’t want your child to be at this school:

1) READING: The most important skill is reading. If you hear any mention of Whole Words, Sight Words, Dolch Words, Fry Words, or Balanced Literacy, run the other way. English is in alphabetic/phonetic language and should be taught phonetically. Children should immediately learn the alphabet and that letters represent sounds. (There seem to be five or 10 good phonics programs available. I’m not convinced the little differences matter. What’s been killing us is this one big difference: teaching basic alphabetic information or NOT teaching it. Any synthetic phonics program, mixed with poetry Phonics advocates report that virtually all of their students learn to read by age 7. Whole Word advocates say children must memorize a few hundred words each year, in which case I will be effectively illiterate until high school.)

2) MATHEMATICS: The next most important thing is arithmetic. If you hear any mention of Reform Math, run the other way. (Reform Math is an umbrella term for at least 10 different programs, with names like Everyday Math, Connected Math, MathLand, TERC, CPM, etc.) These programs tend to push advanced concepts to kids who don’t even know how to add 10 and 16. These shows like to use obscure methods and algorithms so that kids end up confused and scattered. The proper goal is for children to master basic arithmetic, for example easily adding and subtracting one- and two-digit numbers. They then move on to multiplying and dividing one and two digit numbers. There should be no use of calculators, no “spiraling” from one subject to another, no mention of college level concepts.

3) KNOWLEDGE: The next most important thing is that children are expected to gain knowledge. This used to be ordinary; but for 75 years our educators have waged war against content, facts, and memorization. “They can look for it” is a big red flag. To study history, for example, children are required to first learn the names of oceans, continents, rivers, mountains, and countries. Basic geography should be a staple during the early years; There should be maps in every classroom, both of the US and the world. In general, in all subjects, children should be taught the simplest information first, the essentials, the foundational knowledge, all in preparation for studying the subject at a higher level. If children do not learn the names of the oceans in first grade, they are not in a school but in a childcare service.

4) SCIENCE: Children must be taught, from the beginning, the rudiments of science and scientific thinking. For example, children can look at common objects and tell if they are animals, plants, or minerals. Children should be able to talk about water changing from a solid to a liquid to a vapor. Older children should be able to discuss the different types of problems dealt with by doctors, chemists, biologists, physicists, mathematicians, etc. Studying simple maps, diagrams, charts, illustrations, and plans is a good sign. (Put another way, I can’t imagine a bad school would think of teaching kids to understand simple diagrams in first grade.)

5) CONSTRUCTIVISM: One of the big fads that is trending in some public schools is called constructivism. (It can appear in the teaching of any subject). The gifts are phrases like “build new knowledge”, “guide by your side”, “prior knowledge”, “learning strategies”, etc. All of this is in direct contrast to direct instruction, in which expert teachers teach what they know better than anyone else in the room. “A Wise Man on a Stage” is exactly what kids need. Constructivism devalues ​​the skill and preparation that good teachers bring to the classroom; and helps to hide the bad training of bad teachers. Constructivism guarantees that instruction will move slowly and become fragmented.

6) FASHIONS RUN CREEP: Other popular fads to avoid include: Self Esteem (where children are constantly praised and rewarded with good grades even if they do a poor job); Cooperative learning (where children are constantly forced to work in groups so that they never learn to think for themselves); critical thinking (where children are encouraged to engage in thoughtful discussions on topics they know little about); Creativity Curriculum (where play with the arts is given prominence on the learning of knowledge); and Fuzzy Anything (where kids are allowed to guess, make up weird spellings and weird grammar without proofreading, being wrong but still scored correct). All of these are warning signs.

7) GOALS: Perhaps the most distinctive feature of good schools is that they talk about what will be taught and what will be achieved. There are goals and expectations. There is a feeling that the school has a map and has walked the path many times before. Bad schools are distinguished by an endless litany of excuses and alibis. There is a feeling that these schools do not have clear goals and do not really expect to make much progress. In bad schools, a lot of what happens is actually a kind of fantasy where kids are kept busy doing make-believe work that doesn’t add up to much. Perhaps the most disgusting part of the whole charade is that some of these schools will pretend that they are being considerate of the children, that they don’t want to put too much pressure on them, and they don’t want to expose the shortcomings of poor children. and minority children. All this, it seems to me, is just plain nonsense, not to say racist. Kids need to be challenged and pushed, not to the point where they give up, but to the point where they think, “Wow, watch me go.”

8) SECURITY: A signal that cuts through all the others could be called basic order and security. Schools should be safe, law-abiding, and predictable places. The point is that children must be able to relax so that they can learn. A school of fear ceases to be a school. The director (comparable to the mayor and sheriff of a small town) is a crucial figure in this paradigm: he or she sets the tone. Principals explain goals and policies to students and parents; Principals motivate and support teachers. (This could be called the Main Principle.)

Summary: The Tao of Education is very simple. Learning the basics and academics is the goal and the path to that goal. Facts and knowledge are the lifeblood of the classroom. Teaching must be as creative as possible; schools should be fun and students should smile a lot. But the whole process has to go somewhere, it has to move forward. At the end of each day, students know more than the day before. The problem with American education is that elite educators have moved away from knowledge-based education (a/k/a cognitive learning) to feelings-based education (a/k/a affective learning).

Many psychotherapeutic biases were mixed with a disregard for facts and a disregard for foundational knowledge, including even literacy. The result, as expected, would be a mediocre and very stupid school, such as can be found in any American city. The solution is to ignore the bad ideas that caused the problem, move away from the fussy clichés, and seriously try to serve students by giving them the best possible preparation for the rest of their lives.

Legal Law

Book Review: The Way of the Law

Title: the way of the law

•Subtitle: Learn, understand and master the law

•Author: Oliver Wendell Holmes, Jr.

•Publication date: 2009

•ISBN: 978-1933230-08-5

Introduction

The thoughtful reader the way of the law You will enjoy the feeling of having at your side a guide, philosopher and teacher who carefully guides you to learn, understand and master the law. To read and reread this book is to experience taking from a great teacher some of the things he has learned and getting excited about the subject as well.

the way of the law presents the conclusions drawn by Holmes after more than 30 years of legal observation, thought and practice of law. He probably wrote this essay to further discuss what began in his most famous publication, The Common Law. the way of the law it was not written as a manual on the practice of law, but as a manual to show students how to think like a lawyer; what it means to be a good lawyer; and what it means to have a successful law career.

What is this book about?

Obviously, there have been many changes and improvements in the legal profession and in legal education since Holmes wrote this essay in 1897. But in this book, Holmes is not concerned with the minute practical details of learning the law: “Theory is my subject, not practical details. Modes of teaching have been improved since my time, but skill and industry will dominate the raw material with any mode. Theory is the most important part of the dogma of law, since the architect is the most important man who participates in the construction of a house”.

Who was Holmes?

Holmes was in a position to speak on American law with great authority. After graduating from Harvard with his law degree, he taught law there. He then served for 20 years on the Massachusetts Supreme Judicial Court. He was then appointed to the Supreme Court of the United States as an Associate Justice, where he served for 30 years. Despite his fancy titles and his extensive experience, Holmes never speaks disparagingly to the reader of this book. Holmes’s evident love for the law and his desire to help others understand this attraction comes through to the reader loud and clear. Holmes uses many easy to understand examples throughout the essay to demonstrate his point.

The “Bad Man Theory” and “Morality Vs. Law”

The quality and simplicity of Holmes’s writing is reason enough to attract readers, especially law students. His illustrations are obviously chosen from extensive experiences and are like vivid images projected on a miniature screen. Everyone’s favorite illustration is usually Holmes’s explanation of his “bad man theory.” Holmes explains “that a bad man has as much reason as a good man for wishing to avoid an encounter with law enforcement, and therefore the practical importance of the distinction between morality and law can be seen.” In other words, a bad man will only want to know what the material consequences of his conduct will be; he will not be motivated by morality or conscience. This example sets the stage for most of the book. Holmes goes to great lengths to give examples of the differences between morality and law.

History and Tradition

A large part of the book discusses the importance of history, or tradition, as an important part of the study of law. Holmes tells us that “The rational study of law is still very much the study of history. History must be part of the study, because without it we cannot know the precise scope of the rules that it is our duty to know. It is part of the study rational, because it is the first step towards an enlightened skepticism, that is, towards a deliberate reconsideration of the value of those rules”.

Isn’t this book outdated?

The hasty reader might assume that this book was written too long ago to be of practical use to a modern law student or lawyer. But a careful reader will immediately see that Holmes has much to offer us today. Holmes summarizes his entire book in two brief paragraphs:

“I take it for granted that no hearer of mine will misunderstand what I have to say as the language of cynicism. The law is the external witness and repository of our moral life. Its history is the history of the moral development of the race. Its practice, despite of popular jokes, it tends to make good citizens and good men, when I emphasize the difference between law and morality I do so with reference to only one purpose, that of learning and understanding the law, you definitely must master its specific marks, and that is That is why I ask you for the moment to imagine yourselves indifferent to other greater things.”

“If a man enters the law, it pays to be a master of it, and to be a master of it means to look straight through all the dramatic incidents and discern the true basis of the prophecy. Therefore, it is good to have accurate knowledge. notion of what we understand by law, by right, by duty, by malice, intention and negligence, by property, by possession, etc.

conclusion

Those of you who read this book before entering law school should make an effort to reread it several times during your law school studies. It is then that you will begin to understand more than the way of the law each time you read it, and you will really begin to understand what Holmes was trying to tell us, on a deeper level, and enjoy his message all the more.

Legal Law

The hourly rate is dead – Long live the hourly rate

I always wondered what the phrase “The King is dead. Long live the King” means. If the King is dead, why are the next words “long live”? According to Wikipedia, the phrase is a traditional proclamation made after the ascension of a new monarch. I am reminded of this phrase every time I read about the death of the hourly rate and presumably the “adherence” of the alternative rate arrangement (AFA). Well, to paraphrase Mark Twain, “Reports of the death of the hourly rate have been greatly exaggerated.”

Yes, I am well aware of the statistics indicating the increasing use of AFA. However, a closer look shows that the hourly rate, while not as healthy as in the past, is not in danger of being placed on life support. First, some people mistakenly label combined and discounted rates as AFAs. That is not an alternative; the rate is still based on one hour of work. Actual AFAs may include (1) fixed fees, (2) a combination of flat, hourly, or contingency fees, (3) success fees, or (4) a fee formula in some way tied to value. Second, statistics indicate that those who use AFA do so infrequently.

Now, I’m not a fan of the hourly rate. I agree with its critics that it does not provide any incentive for attorneys to work efficiently or seek speedy resolution of legal matters. Furthermore, I applaud the notion that AFAs typically align attorney risk with client risk, bear some relation to value, and provide cost certainty. However, three “T’s” stand in the way of any seismic shift towards AFAs: Tradition, Time and Trust.

Tradition

The hourly rate has outlived the kings. Our profession is slow to change. We practice law the way we do because that’s the way it’s always been done. End of discussion. That mindset is hard to separate from the merits of why change is needed.

Weather

Law firms need to mine and analyze a variety of historical case cost data to come up with an AFA that makes economic sense. That takes time. In many cases, companies are unable or unwilling to invest the time. It’s just easier to stick to the traditional hourly rate.

Confidence

Without trust, both attorney and client often fear that any AFA involves taking an unreasonable risk. The attorney fears that the normal profit margins built into the hourly rate may not materialize once the matter is concluded. The client fears that a matter will be resolved in such a way that the law firm will make a windfall compared to what it would have made at the hourly rate. If there is trust between the parties, those fears can be overcome and not create a barrier to an AFA. However, in today’s “what have you done for me lately?” legal market, I wonder if there is any kind of critical mass of trust required between attorneys and clients.

AFA: a risk worth taking

When I train attorneys on AFAs, I always recommend a calculated analysis of the feasibility and benefit of an AFA. In these modern times, law firms should consider the merits of AFAs in the new competitive legal environment. Unfortunately, in many cases, one or all three “T’s” get in the way.

Legal Law

How to stay out of the school bus danger zone

Getting on and off a school bus can be dangerous for children as they are so close to cars that they could cause an accident. By leading by example and teaching your children these simple safety tips, you can help reduce the risk of your children being injured by the school bus or other vehicles.

1) Go to the bus stop 5 minutes in advance. It can be very dangerous if your child decides to run towards the bus stop as serious injury can result.

At the bus stop, be sure to stand at least 10 feet from the road. This equates to about five giant steps for children. This ensures that the bus driver can see them and that they are out of the roadway.

3) Do not board the bus before instructed to do so by the bus driver. Make sure the bus is completely stopped, the door is open, and the bus driver tells you it is okay to enter before approaching the bus.

4) Cross the street safely. Look both ways for oncoming traffic and cross the street at least 10 feet in front of the bus so you can be seen. Also, look both ways before exiting the bus to make sure all cars have stopped arriving.

5) Make sure the driver sees you. Even if you can see the bus driver, he may not be able to see you. If you always stay at least 10 feet away from any vehicle, you are considered to be out of the “Danger Zone”.

6) Use handrails. Hold on to the handrails so you don’t slip and fall. Loose ropes, backpack straps, or anything dangling could get caught in the handrails and cause an accident, so make sure everything is stowed away.

7) When you are at the side of the bus, make sure you are ten feet away. Again, this keeps you out of the “Danger Zone” and in the driver’s view.

8) If you drop something near the bus, do not try to retrieve it. Let the bus driver know you dropped something and ask if it’s okay if he comes to pick it up. This ensures that the bus driver does not walk away while you are not on the bus or too close.

9) DO NOT walk behind the bus. The bus driver probably won’t see you, which could cause a devastating accident.

After boarding the bus, get into your seat as quickly as possible. As a result, all children will have ample time to safely board the bus, reducing the likelihood of an accident.

Legal Law

Entrance exams held in India

An entrance examination is an examination conducted by various educational institutions to select students for admission to various colleges or universities. These exams can be administered at any level of education, although these are conducted at a higher education level. Entrance exams are the testing grounds for any student to assess her skills and abilities in relation to admission to an institution of her choice and in relation to her chosen academic stream. Most of the entrance exams are conducted by Elite Institutes. These institutes are known for their superior results orientation, cream of teachers and candidates and as such have gained much reputation. Most popular entrance exams in India are AIEEE, JEE, CLAT, MBBS, BDS to name a few. India’s entrance exams are very widespread and almost most of the institutes conduct their own separate entrance exams on the same basis as the national entrance exams. Some of the entrance exams like IIT-JEE, CAT and AIPMT are considered among the most difficult in the world, with JEE having a success rate of around 1 in 45. Throughout the year, these exams have gained great importance. , they have become very topical, important and in the process has generated controversies that have affected students, parents and administrators.

History of Indian entrance exams

Entrance examinations came about with the establishment of the University of Calcutta in 1857. The University introduced the entrance examination, mainly to decide who was eligible to enter the university. The exam reached the status of a school final exam. Later, the name was changed to Registration. After India’s independence in 1947, the examination system was further revised: the secondary examination after class X was called the Secondary School Leaving Certificate (SSLC) examination, and the examination after class XII became SSLC. called upper secondary examination (HSC). However, today’s modern entrance examinations owe their existence to the various IITs (Indian Institute of Technology) created during the 1950s. It was the IITs that introduced the All India Joint Entrance Examinations (JEE) for their admissions. The logic behind introducing these as a formal procedure was that the varied grades from different school boards could not be used to create a common merit list. Since the inception of JEE, various Indian states have followed the pattern and started entrance tests for admission in the respective states. Soon, the Central Board of Secondary Education started the PMT (Previous Medical Examination) for selected medical colleges in the country and the All India Engineering Entrance Examination (AIEEE) for admission to National Institutes of Technology (NITs). ) and also for any engineering institution that may opt for it.

Entrance exams held in India

* Most of the Governmental and Private Educational Institutes carry out Entrance Exams to various professional courses. These entrance exams are basically multiple choice question papers or more popularly known as MCQs in academic jargon. This pattern was introduced because it was felt that the scores obtained by the school’s students are based on conventional long-answer assignments that might not represent a student’s true potential. The reason is that these scores may represent errors by a human examiner and as such would be unacceptable in a competitive environment where even one or two points could affect a student’s career. This subjectivity was eliminated with the introduction of a Special Examiner. It is known as OMR (Optical Mark Recognition) reading laser which was introduced in 2006.

*Typically engineering institutes in India admit 15% of their students through AIEEE nationally and the remaining 85% is based on their scores in the entrance exam conducted by the state they are located in University.

* Government Medical Institutes follow the same procedure, basing admissions on the candidate’s rank in the All India Pre-Medical Test.

* Indian Institutes of Management conducts a common admission test for the candidates.

* The Indian Institutes of Technology conduct IIT-JEE.

Various entrance exams and eligibility in India

Engineering entrance exams:

AIEEE – All India Engineering/Architecture Entrance Examination.
JEE – Joint Entrance Examination.
GATE – Graduate Aptitude Test for Engineering.
NATA – National Test of Aptitude in Architecture.
SLIET – Entrance exam to the Sant Longowal Institute of Engineering and Technology.
State Engineering Entrance Exams – PTU CET, RPET etc.

Entrance Medical Examinations:

AIPMT: All India Premedical/Predental Entrance Examination.
AIIMS – All India Institute of Medical Sciences Entrance Examination.
AICEE: All India Common Entrance Examination, conducted by the Veterinary Council of India.
State entrance medical exams: PTU CET, RPET, etc.

Science / Computer Science entrance exams:

CST – Software Technology Competency Exam.
GSA – Graduate School Admission Test.
JAM – Joint Admission Test to M.Sc.
JEST – Joint Entrance Screening Test for admission to the Ph.D.

Management entrance exams:

ATMA – AIMS Test for Management Admission.
CEMAT – Commonwealth Executive MBA and MPA Programs Admission Test.
CAT – Common Admission Test.
IBSAT – ICFAI Business School Aptitude Test.
IIFT – Indian Institute of Foreign Trade MBA Admission Test.
ICET – Integrated Common Entrance Test.
JMET – Joint Management Entrance Test.
K-MAT – Karnataka Managerial Aptitude Test.
MAT – Managerial Aptitude Test.
NAT – National Aptitude Test.
NCHMCT – National Council for Hotel Management and Catering Technology – Joint Entrance Examination (JEE).
NMAT – National Managerial Aptitude Test.
OPENMAT – Open Management Admission Test – Indira Gandhi National Open University (IGNOU).
RMAT- Rajasthan Management Admission Test.
SET – Symbiosis Entrance Test for undergraduate institutes of symbiosis of the university considered SIEC.
SNAP – Symbiosis National Aptitude Test.
TANCET – Tamil Nadu Common Entrance Test.
WAT – Written Admission Test – Army Welfare Education Society (AWES).
XAT – Xavier’s Admission Test.

Law entrance exams:

CLAT – Common Law Admission Test.
Kerala law entrance exam.
Nalsar Access Test.
NLSIU – National Law School of India University Entrance Test.
LSAT – Law School Admission Test, India by LSAC.

Fashion and technology entrance exams:

CEED – Common Design Access Test.
NID entrance exam.
NIFT entrance exam.
Entrance exam to the Pearl Academy of Fashion.

Film and television entrance exams:

Entrance exam to the Institute of Film and Television of India.
National School of Drama (NSD) Screening Test.

Advantages of entrance and eligibility exams

* Develops high self-esteem especially for those who suffer from low morals. If someone feels or really has taken the Board Examinations satisfactorily, they can compensate with the Entrance Examinations. Success at these raises your self-esteem.

* Such entrance exams ensure that only the best minds get the best opportunities.

* Potential students become capable professionals who in turn help in the development of the country.

* Better performance inspires others to do well because of the competitive spirit created by the Competitive Stage.

Disadvantages of Entrance and Eligibility Exams

*Current trends show that the quality of students entering IITs is rapidly declining since 2005.

*These Exams have allowed the proliferation of Training Institutes, most of which are more interested in cashing in on the opportunity than guiding students.

* Training Centers are not only making a business out of Education, but also teaching shortcuts that allow a student to pass the Examination but lack the proper knowledge associated with the purpose of Entrance Examinations. In the end, applicants may be good students but not good professionals because they don’t know the basics of their job.

* These Exams become a source of extra pressure for students who already face the competitive environment in all areas. This pressure can lead to complete loss or lack of interest in studies. However, some succumb to the pressure and seek to kill themselves or abuse themselves.

* Cases of psychological illnesses over the years have increased among today’s youth. They have to deal with many things these days, like going to school, doing homework, preparing for weekly or monthly tests, getting extra training for weak subjects, etc. In such an environment there is no place for sports, health activities or just fun-based activities. As such, physical health also suffers in the form of various ailments.