Wednesday, December 20, 2017

宇宙第一次的使命感

B*:我们波士顿新一代华人第一次XXX维权...

静:天下哪有什么第一!!!!

B*:对第一次一定要敏感。。不敏感者,就缺少使命感。。

zeber:文无第一,武无第二

MD: @B 说得好。确实应该敏感,而有使命感。
我就要做第一个北美华人道教大学,华人自己的哈佛,华人自己的法学院。 永远不歧视华人。 如果我们能做到永远不歧视华人,搞不定还是宇宙第一次呢。

华人现在就应该加紧《人人知法律,家家有律师》的计划:
http://taolaw.blogspot.com/2017/11/blog-post_24.html

我们美国华人社区真的需要更多华人律师。 我们当地,几万华人的社区,只有几个华人律师,实在是无法满足社区成长的正常需要。 更不要说满足华人参政,立法选举,教育法制,就职于执法部门的需要。

华人社区要是培养出5000华人律师,自然可以脱离软柿子的困境. 只有自建华人法学院才能提供便宜而实用的法律教育。 其实学法,对于很多华人来说,并不是特别难; 但是美国法学院一般贵而且名额少,华人以外的社区并不稀罕华人律师(没有demand),所以美国法学院种族上不能照顾华人(甚至歧视华人)。 但是美国法学院出来的华人律师远远不够满足华人社区的需求(有充足的ethnic niche demand)。 所以,华人法学院一般的法律教育,就可以足够规避很多坑。

**************时事,resources******************
* Robert's Rule of (Meeting) Order:
https://www.afsc.noaa.gov/education/activities/PDFs/SBSS_Lesson6_roberts_rules_of_order.pdf

* Grilling that a US District Court Judge Nominee (lifetime position) receives. The Nominee subsequently withdrew his name from consideration:
https://twitter.com/SenWhitehouse/status/941484131757838337

The nominee is currently member of Federal Election Commission. Can't help but sympathize with a job seeker though, as a public job interview went south.
https://www.huffingtonpost.com/entry/donald-trump-judicial-nominee-matthew-petersen_us_5a37ec14e4b0ff955ad51e82?s3v

These are embarrassing setbacks to Trump’s otherwise successful push to fill up federal courts with his lifetime judges. The Senate confirmed 12 of his circuit court judges this year, more than any president has gotten in their first year since those courts were created in 1891. That’s in addition to putting Neil Gorsuch on the Supreme Court and getting six district court nominees confirmed.

Kennedy said Trump has also told him that he’s counting on senators to reject his bad judicial picks.

“He has told me, ‘Kennedy, when some of my guys send someone who is not qualified, you do your job,’” the GOP senator said.

Just for fun: Part of the grilling questions:
1. https://en.wikipedia.org/wiki/Daubert_standard

2. https://en.wikipedia.org/wiki/Motion_in_limine

3. https://en.wikipedia.org/wiki/Abstention_doctrine

* PRIVATE SCHOOLS AND THE PEOPLE WHO CAN AFFORD THEM Parents would be eligible to use a type of tax-preferred savings plan — known as a 529 plan — to save for their children’s elementary and secondary education. Right now, those savings plans are only eligible for college. But they would be expanded to allow for up to $10,000 a year for tuition at private and religious schools. https://www.nytimes.com/2017/12/16/business/the-winners-and-losers-in-the-tax-bill.html?_r=1


华人想办道教私立学校的,应该专研这些经济问题。


Can Mitchonomics Fix the Broken Business of Higher Ed?
https://www.bloomberg.com/news/features/2017-12-18/can-mitchonomics-fix-the-broken-business-of-higher-ed


*微软停止arbitration clause in contracts
https://arstechnica.com/tech-policy/2017/12/microsoft-ends-arbitration-in-sexual-harassment-cases/

Arbi-what?

Arbitration is a private, quasi-legal procedure originally designed to expedite disputes between corporations. But over time, it has evolved into a system where individuals are compelled for a variety of reasons to agree to arbitration decisions versus seeking a court decision. The net result is that disputes that normally would have been adjudicated via the public court process are often processed via private arbitration, which generally favors corporations over individuals.

Worse still, in the world of arbitration, there is no possibility of class-action claims. Arbitration proceedings are additionally often shrouded from public view, meaning it is traditionally difficult to find out about sexual harassment or misconduct claims at corporations.

As the Times noted, the move at Microsoft is "largely symbolic because only a minority of Microsoft workers—numbering in the hundreds in its senior ranks, according to Mr. Smith—have been subject to the requirement. Microsoft will still require those employees to take claims unrelated to harassment and gender discrimination to arbitration. In total, Microsoft has about 125,000 employees around the world."

适合中级英语的第一代华裔)实用书单
http://taolaw.blogspot.com/2017/10/blog-post_10.html
13. 《Arbitration Skills for New Arbitrator》 非常短。但是eye openner.
https://www.amazon.com/Basic-Skills-New-Arbitrator-Second/dp/0967097320

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