There is an interesting controversy brewing over AOL's plan to charge for email. This article has a tiny bit of background but you can find a few more sources about it through some simple news searches. In fact, a coalition of various groups on both sides of the aisle have is attempting to oppose AOL's plan.
There is something to be said for the owners and developers of certain technology protecting their investment. However, theses large organizations may slowly but steadily rein in the less desirable elements leaving the "internet" a much less interesting and useful entity. When the television first appeared, many thought it would become the great equalizer because of its interactive capabilities. People could see each other and interact with them through the television. That may have been the idea and could have been the reality many years ago. Since then TV has become a portal through which large organizations advertise. While there are many programs that are interesting and no doubt beneficial on many different levels, those benefits are almost exclusively peripheral to its purpose. That purpose is to fragment the viewership into the smallest demographic in order to optimize the advertising. That point may be debatable but to test my theory, turn on the local news at 4:00 pm on a Saturday. You will notice most commercials feature retirement living, 911 bracelets to call the ambulance, and Chia Pets.
If nothing else, the coalition against AOL is participating in an unusual form of consumer revolt. It will be interesting to observe events unfolding and its result. Enjoy!
Tuesday, February 28, 2006
Monday, February 27, 2006
Outside the Box?
I worked for two relatively large corporations before starting law school. As one might imagine, I absolutely hated both experiences. Most people can relate because most people have worked in large, or super-sized organizations complete with policies about sharpening pencils and staple use, 50 person HR departments, 200 superfluous emails a day, and bosses who use words like "synergy" or worse yet, "synergies." There were also abundant team building exercises that some junior executive, MBA wielding, member of the applicable boy's-club, presumably mandated. I sat through most of them wondering how things got so off that such activities were necessary.
In both of these organizations, I sat in and often conducted interviews with people who were seeking positions therein. All of them, without fail, explained how well they thought "outside the box." We were sometimes even lucky enough to hear these phrases supported by a couple of faith-promoting examples. The problem is simple: if people actually thought outside the box, why were they so interested to get inside another one? Certainly, some brilliant people may want their brilliance limited by large organizations; they may want the entity's superiors to take credit for their creativity and work. They may even enjoy the social aspects of the daily grind. I never understood it.
I suppose that the financial stability does allow employees to trade in the independence for a certain lifestyle. However, I was never convinced that there is any financial stability in working for a large or even small organization. Chances are fair that the organization will exist next week, but there is no guarantee that any position in it will. In that sense, there is very little stability on either side. There are plenty of people who exert certain pressures regardless of whether you are inside or outside the box. The difference is, if you are on your own or with a few partners, the box is in your hands.
In both of these organizations, I sat in and often conducted interviews with people who were seeking positions therein. All of them, without fail, explained how well they thought "outside the box." We were sometimes even lucky enough to hear these phrases supported by a couple of faith-promoting examples. The problem is simple: if people actually thought outside the box, why were they so interested to get inside another one? Certainly, some brilliant people may want their brilliance limited by large organizations; they may want the entity's superiors to take credit for their creativity and work. They may even enjoy the social aspects of the daily grind. I never understood it.
I suppose that the financial stability does allow employees to trade in the independence for a certain lifestyle. However, I was never convinced that there is any financial stability in working for a large or even small organization. Chances are fair that the organization will exist next week, but there is no guarantee that any position in it will. In that sense, there is very little stability on either side. There are plenty of people who exert certain pressures regardless of whether you are inside or outside the box. The difference is, if you are on your own or with a few partners, the box is in your hands.
Diatribe? Anyone?
I recently heard this statement:
"We cannot control what the government will do."
My response is simple: we do control the government. They are our representatives, OUR government--not the other way around. The people are the only check on the "government." Remember, we elect those people, they do respond to our concerns if we make them. All you have to do is read the recent Dubai-Port story for proof. The fact is, when enough people stand up, they listen. Therefore, it is vital that people participate in the process, attend town/city council meetings, write letters to your representatives on the local and national levels. Attend notice and comment meetings, and get your name on the record by standing up and saying what is on your mind. They are informal and rarely intimidating. In fact, it makes you feel like you are on some TV show like the Gilmore Girls or Northern Exposure in which town meetings occur regularly. The process is designed for public participation and it only works correctly when people do so.
For a quick read of the particularly bad state of affairs in Washington, read this. It would be funny if it was not so terrifying.
As soon as you believe you do not have any control over the government, you don't. I will be the first to admit that it is easy not to participate but that is hardly the point.
"We cannot control what the government will do."
My response is simple: we do control the government. They are our representatives, OUR government--not the other way around. The people are the only check on the "government." Remember, we elect those people, they do respond to our concerns if we make them. All you have to do is read the recent Dubai-Port story for proof. The fact is, when enough people stand up, they listen. Therefore, it is vital that people participate in the process, attend town/city council meetings, write letters to your representatives on the local and national levels. Attend notice and comment meetings, and get your name on the record by standing up and saying what is on your mind. They are informal and rarely intimidating. In fact, it makes you feel like you are on some TV show like the Gilmore Girls or Northern Exposure in which town meetings occur regularly. The process is designed for public participation and it only works correctly when people do so.
For a quick read of the particularly bad state of affairs in Washington, read this. It would be funny if it was not so terrifying.
As soon as you believe you do not have any control over the government, you don't. I will be the first to admit that it is easy not to participate but that is hardly the point.
Seattle Opera and some quick Italian
I was able to catch Cosi Fan Tutti at the Seattle Opera over the weekend. Though the quality of the singers was what you would expect from a Sunday afternoon at the Seattle Opera, the production was wonderful. The production designer was Dr. Jonathan Miller who put the same show on in several other cities. If you are in Seattle and have a chance to take in an opera, even if you have little interest in them, it is worth it just to see the opera house itself. The singers wore modern costumes and during the recitatives, they referenced current events and local cities, even going so far as to make a joke or two about things like "Tacoma aroma, and two dudes from Federal Way."
I have been partial to the "modernization" of the production since I was exposed to it by a small opera company on in Moscow in their production of Verdi's Aida. It was in the setting of World War II where instead of Ethiopia and Egypt, the sides were Nazi Germany and Soviet Russia. I have not visited much in the last 10 years, but the theater apparently still exists.
During the performance of any opera you will notice that applause will often explode at the end of an aria, duet, or whenever else other people clap. There are times when people will scream "bravo" to express some measure of their satisfaction. There are a few nuances to this exclamation, and if you mess it up, the Seattle Opera goers, will do absolutely nothing. Even if they do shoot you a pair of evil eyes, you will not see them because it will most likely be dark. Anyway, pay attention to these guidelines:
Shout "Bravo" if you enjoyed the performance of a male who sang alone.
Shout "Brava" (emphasize the last A, bru'VA) if you enjoyed the performance of a female who sang alone.
If it was a group of men whose performance pleased you, shout "bravi." If at least one woman is in the group, shout "brave."
In fact, I advise just clapping, and if you really liked it, just clap a little harder.
For a quick look at what these words mean, see the wiktionary.
Again, it probably makes little difference, but I always thought that if you are going to bring attention to yourself, try to make it neutral or positive. Of course, there are people in Boston looking for jobs in the legal field who may disagree.
I have been partial to the "modernization" of the production since I was exposed to it by a small opera company on in Moscow in their production of Verdi's Aida. It was in the setting of World War II where instead of Ethiopia and Egypt, the sides were Nazi Germany and Soviet Russia. I have not visited much in the last 10 years, but the theater apparently still exists.
During the performance of any opera you will notice that applause will often explode at the end of an aria, duet, or whenever else other people clap. There are times when people will scream "bravo" to express some measure of their satisfaction. There are a few nuances to this exclamation, and if you mess it up, the Seattle Opera goers, will do absolutely nothing. Even if they do shoot you a pair of evil eyes, you will not see them because it will most likely be dark. Anyway, pay attention to these guidelines:
Shout "Bravo" if you enjoyed the performance of a male who sang alone.
Shout "Brava" (emphasize the last A, bru'VA) if you enjoyed the performance of a female who sang alone.
If it was a group of men whose performance pleased you, shout "bravi." If at least one woman is in the group, shout "brave."
In fact, I advise just clapping, and if you really liked it, just clap a little harder.
For a quick look at what these words mean, see the wiktionary.
Again, it probably makes little difference, but I always thought that if you are going to bring attention to yourself, try to make it neutral or positive. Of course, there are people in Boston looking for jobs in the legal field who may disagree.
Thursday, February 23, 2006
Remembering Baumanskaya Market
It seems like there are countless stories around the country this week--Senator Santorum's mortgage, the ever-escalating violence in Iraq, the UAE-US port transaction, even spring training. Even Tom Delay's dealings with Russian oil are more interesting than the story that caught me day-dreaming during the commute today....
I have spent several summers and one too many winters in Moscow, Russia. During one of those summers, I lived in the Baumanskaya district of Moscow. It is just up the Yauza River, represented by a stop on the Metro's blue line. You will not find much information about the neighborhood even in travel books. Alexander Pushkin, Russia's greatest poet, was born there. There are numerous churches and temples that you would never hear of except by wandering through. The area was once known as the German quarter, known for the many immigrant laborers hoping in a sort of old-world, Russian dream before there was much of an "American Dream."
In the middle of it all, there is a spectacular Soviet stamp in the form of a huge metal dome that served as the market. At least there was until today. It was certainly difficult to think that just as every other morning people were preparing their goods to sell in true market when the roof collapsed. It is even more difficult to realize that there may have been people who died from whom I personally purchased fresh tomatoes, potatoes, cabbage, beets, and later in the summer, watermelon.
Markets like these are quickly giving way to the mega-giant-humongous-warehouse-superstores. Moscow, unlike many other cities in Eastern Europe, is following the same path. The suburbs are growing strip malls. Even considering the apparent savings, few welcome the longer commutes, poorer quality of products, the superficially-smiling faceless drones who ring you up at the end, and wish you a nice day because it is mandated in the employee manual. The markets of Moscow, and the rest of the world are collapsing. Today, that development was more literal, than figurative.
I have spent several summers and one too many winters in Moscow, Russia. During one of those summers, I lived in the Baumanskaya district of Moscow. It is just up the Yauza River, represented by a stop on the Metro's blue line. You will not find much information about the neighborhood even in travel books. Alexander Pushkin, Russia's greatest poet, was born there. There are numerous churches and temples that you would never hear of except by wandering through. The area was once known as the German quarter, known for the many immigrant laborers hoping in a sort of old-world, Russian dream before there was much of an "American Dream."
In the middle of it all, there is a spectacular Soviet stamp in the form of a huge metal dome that served as the market. At least there was until today. It was certainly difficult to think that just as every other morning people were preparing their goods to sell in true market when the roof collapsed. It is even more difficult to realize that there may have been people who died from whom I personally purchased fresh tomatoes, potatoes, cabbage, beets, and later in the summer, watermelon.
Markets like these are quickly giving way to the mega-giant-humongous-warehouse-superstores. Moscow, unlike many other cities in Eastern Europe, is following the same path. The suburbs are growing strip malls. Even considering the apparent savings, few welcome the longer commutes, poorer quality of products, the superficially-smiling faceless drones who ring you up at the end, and wish you a nice day because it is mandated in the employee manual. The markets of Moscow, and the rest of the world are collapsing. Today, that development was more literal, than figurative.
Monday, February 20, 2006
Biodiesel and Washington
I agreed with the authors of the State of the Union address that the people of the United States are addicted to oil. I was surprised to read about that statement in the address and I was consequently a little disappointed to hear the next day that people determining the energy policy really have no intention or plan to loosen the grip of oil.
I can rant about things out of my control endlessly and often do, but I will try to limit those rantings to non-blog speech.
There are many groups in Washington State has been pushing alternative energy subsidies and other initiatives. The latest is described in this article in the PI. The PI refers to the Seattle Post intelligencer. If any sort of national movement toward renewable and sustainable growth is ever going to develop, it must be driven by the people locally. I know there are many many people especially in this area who spend a lot of time trying to develop and market technology, some with success. Just last year, the legislature in Washington signed a bill into law that awarded tax credits to organizations using alternative energy. The more these initiatives are enacted the more others will take note and jump on board.
I know this has very little to do with the law or my practice, but this is something that I feel may be very applicable to both Russia and Washington in the future. If we are going to drive cars that are fueled by biodiesel, then a lot of farmers will have to grow the ingredients. Others will need to process it. It means jobs, and work for Russians and Washingtonians. They could be both. Much will depend on what we do, here in our local communities in the next few years. Could mustard seeds actually be the antidote to our addiction?
I can rant about things out of my control endlessly and often do, but I will try to limit those rantings to non-blog speech.
There are many groups in Washington State has been pushing alternative energy subsidies and other initiatives. The latest is described in this article in the PI. The PI refers to the Seattle Post intelligencer. If any sort of national movement toward renewable and sustainable growth is ever going to develop, it must be driven by the people locally. I know there are many many people especially in this area who spend a lot of time trying to develop and market technology, some with success. Just last year, the legislature in Washington signed a bill into law that awarded tax credits to organizations using alternative energy. The more these initiatives are enacted the more others will take note and jump on board.
I know this has very little to do with the law or my practice, but this is something that I feel may be very applicable to both Russia and Washington in the future. If we are going to drive cars that are fueled by biodiesel, then a lot of farmers will have to grow the ingredients. Others will need to process it. It means jobs, and work for Russians and Washingtonians. They could be both. Much will depend on what we do, here in our local communities in the next few years. Could mustard seeds actually be the antidote to our addiction?
Sunday, February 19, 2006
What is there to think about business in Vladivostok, Russia?
I spent the Summer of 2004 in Vladivostok for an internship with the Arbitrazhnii Court of the Primorksii Krai. The memory and impression of the city itself etched most deeply in my mind is how close to a world class city it could have been. If the glass were half full, it may yet become so. The mayoral elections were conducted during July, 2004; the telephone poles, city walls, and may every other location that could hold an election poster, did. Every single street corner had five or six college students who mobbed passerby's with pamphlets portraying a futuristic, world class city, which would be the inexorable result of the candidate's election. In the end, and to the chagrin of most, the candidate whose past may or may not have included criminal activity took the day. That occurred after the other candidate was forced to withdraw.
The details have faded with time, and my memory about the specific string of developments giving rise to the election may well be incorrect. I am always looking for clarification and another point of view on such things that are so complex, not to mention, in another language. It is difficult to look at Russian politics without a great degree of skepticism, especially when you read these kind of articles in the daily news wires.
However, there are always reasons for optimism, I suppose. In fact, I recently had a conversation with an attorney in Seattle whose career has emphasized matters in Russia, including foreign direct investment, licensing, and small business matters. He was one of the very few with whom I have spoken who was encouraged by the past and positive about the future.
A delegation from Washington State Bar Association is currently attempting to develop a stronger relationship to the bar in Vladivostok. Lawyers on both side of the ocean are as busy as ever bring the two regions closer. The possible results are too speculative to explore now, but as in most things there are reasons to be both optimistic and hesitant.
The details have faded with time, and my memory about the specific string of developments giving rise to the election may well be incorrect. I am always looking for clarification and another point of view on such things that are so complex, not to mention, in another language. It is difficult to look at Russian politics without a great degree of skepticism, especially when you read these kind of articles in the daily news wires.
However, there are always reasons for optimism, I suppose. In fact, I recently had a conversation with an attorney in Seattle whose career has emphasized matters in Russia, including foreign direct investment, licensing, and small business matters. He was one of the very few with whom I have spoken who was encouraged by the past and positive about the future.
A delegation from Washington State Bar Association is currently attempting to develop a stronger relationship to the bar in Vladivostok. Lawyers on both side of the ocean are as busy as ever bring the two regions closer. The possible results are too speculative to explore now, but as in most things there are reasons to be both optimistic and hesitant.
Jurisdiction of the Arbitrazhnii Courts
A quick and somewhat superficial look at jurisdiction is necessary in order to continue our exploration of the Arbitrazhnii Court of the Russian Federation. I am leaving out the specific references to the articles of the APC. If you are interested in them, please send me an email and I will forward them to you.
The Arbitrazhnii Courts handle economic disputes in Russia. Perhaps the best way to approach this discussion is with an examination of their jurisdiction to hear matters in the Russian Federation. As stated, the rules and principles that govern the arbitrazhnii courts are codified in the Arbitrazhnii Procedural Code ("APC") (pronounced Arbitrazhnii Protzessualnii Kodex, in Russian).
The arbitrazhnii courts have jurisdiction to hear cases concerning economic disputes and other disputes connected with entrepreneurial activity. Article 247 specifically mentions that cases with the participation of foreign parties does not bar the court from hearing the case.
The code enumerates the specific requirements that will satisfy jurisdiction. A litigant must satisfy the requirements of podvedomstvennost and podsudnost. Any party desiring to bring the claim to the arbitrazhnii courts must demonstrate that the court has "kompetenzia" to hear the case. Kompetenzia requires two sub-jurisdictional requirements: "Podevedomstvennost" is stated by Part (razdel) 1 Chapter 4 §1 of the APK. This section governs the types of claims such as economic dispudisputesputes between branches of government, between legal entities, and foreign parties. The second requirement, Podsudnost, found in Part 1, Chapter 4 §2 generally governs the doctrine which U.S. attorneys would most closely equate to venue requirements. This section also enumerates the claims which may be brought directly to the Supreme Arbitrazhnii Court in Moscow. Article 36 of §2, Chapter 4 allows the plaintiff to bring the claim in any court it desires as long as the personal jurisdiction requirements are satisfied. Article 38 gives exceptions to these articles.
Once the court believes that the matter satisfies the benchmark jurisdictional issues, they turn their attention to more jurisdictional requirements including:
Whether The defendant is located on the territory of the Russian Federation;
Whether a representative office, or branch of the foreign party is located in the RF;
Whether or if the dispute arose from an agreement whose execution must take place in the RF; and
A final catch-all clause exists any other occurrences in whose presence there is a tight Connection of the legal relations from the territory of the Russian Federation.
Generally, the plaintiff must bring the claim to the court in the jurisdiction of the defendant's residence or place of business. Parties may also bring claims under this section by an agreement executed in accordance with article 249 of the code, which allows the parties to bring disputes in courts under whose jurisdiction they would not be in any other context of the code. However, this section still requires that the dispute economic in nature, or be between commercial entities. Any such agreement must be in writing in order to bind the court.
Chapter 33 is titled "Particularities of Examining Cases with the Participation of a Foreign Party." This section essentially points out exceptions to the code which are applicable due to the participation of the foreign party. Perhaps the most important article under this heading provides that any cases with the participation of a foreign party are to be governed by the code unless an international agreement applies. The code mandates that should a foreign party participating in the case be outside the Russian Federation, the court may nonetheless proceed once it has documents that prove that the foreign party has received notice of the case. From the author's experience, the majority of these cases proceed without the foreign party ever appearing. Of course, these were cases where the amount in dispute was too low for their appearance to be practical.
Another important exception is the term during which the case must be decided is extended from two to six months. Finally, the code requires that the court leave a claim without action should it be proven that the case is proceeding before a court in another country.
The Arbitrazhnii Courts handle economic disputes in Russia. Perhaps the best way to approach this discussion is with an examination of their jurisdiction to hear matters in the Russian Federation. As stated, the rules and principles that govern the arbitrazhnii courts are codified in the Arbitrazhnii Procedural Code ("APC") (pronounced Arbitrazhnii Protzessualnii Kodex, in Russian).
The arbitrazhnii courts have jurisdiction to hear cases concerning economic disputes and other disputes connected with entrepreneurial activity. Article 247 specifically mentions that cases with the participation of foreign parties does not bar the court from hearing the case.
The code enumerates the specific requirements that will satisfy jurisdiction. A litigant must satisfy the requirements of podvedomstvennost and podsudnost. Any party desiring to bring the claim to the arbitrazhnii courts must demonstrate that the court has "kompetenzia" to hear the case. Kompetenzia requires two sub-jurisdictional requirements: "Podevedomstvennost" is stated by Part (razdel) 1 Chapter 4 §1 of the APK. This section governs the types of claims such as economic dispudisputesputes between branches of government, between legal entities, and foreign parties. The second requirement, Podsudnost, found in Part 1, Chapter 4 §2 generally governs the doctrine which U.S. attorneys would most closely equate to venue requirements. This section also enumerates the claims which may be brought directly to the Supreme Arbitrazhnii Court in Moscow. Article 36 of §2, Chapter 4 allows the plaintiff to bring the claim in any court it desires as long as the personal jurisdiction requirements are satisfied. Article 38 gives exceptions to these articles.
Once the court believes that the matter satisfies the benchmark jurisdictional issues, they turn their attention to more jurisdictional requirements including:
Whether The defendant is located on the territory of the Russian Federation;
Whether a representative office, or branch of the foreign party is located in the RF;
Whether or if the dispute arose from an agreement whose execution must take place in the RF; and
A final catch-all clause exists any other occurrences in whose presence there is a tight Connection of the legal relations from the territory of the Russian Federation.
Generally, the plaintiff must bring the claim to the court in the jurisdiction of the defendant's residence or place of business. Parties may also bring claims under this section by an agreement executed in accordance with article 249 of the code, which allows the parties to bring disputes in courts under whose jurisdiction they would not be in any other context of the code. However, this section still requires that the dispute economic in nature, or be between commercial entities. Any such agreement must be in writing in order to bind the court.
Chapter 33 is titled "Particularities of Examining Cases with the Participation of a Foreign Party." This section essentially points out exceptions to the code which are applicable due to the participation of the foreign party. Perhaps the most important article under this heading provides that any cases with the participation of a foreign party are to be governed by the code unless an international agreement applies. The code mandates that should a foreign party participating in the case be outside the Russian Federation, the court may nonetheless proceed once it has documents that prove that the foreign party has received notice of the case. From the author's experience, the majority of these cases proceed without the foreign party ever appearing. Of course, these were cases where the amount in dispute was too low for their appearance to be practical.
Another important exception is the term during which the case must be decided is extended from two to six months. Finally, the code requires that the court leave a claim without action should it be proven that the case is proceeding before a court in another country.
Saturday, February 18, 2006
Seattle Attorney Network and blogs
As most solo and small firm practitioners know, networking is an essential activity. One of the more enjoyable networking groups in Seattle is the appropriately titled, Seattle Attorney Network.
Each month we get together, have coffee, and talk about our practices. One subject of constant debate and sometimes derision is "blogs," or should I call them, blawgs? One blog that I particularly enjoy is Danny Bronski's. I find that it incorporates interesting content about the law with a strong portion of personality. In my opinion, blogs need both to be worth reading. The law is only relevant because it applies to people. Otherwise it is a theory, a set of rules. It is an exam in law school that the professor made up to torture law students.
On a loosely related note, is there are better designation for solo and small firm practitioners? Lawyers in large firms are often referred to as "biglaw." Do we have anything similar?
Each month we get together, have coffee, and talk about our practices. One subject of constant debate and sometimes derision is "blogs," or should I call them, blawgs? One blog that I particularly enjoy is Danny Bronski's. I find that it incorporates interesting content about the law with a strong portion of personality. In my opinion, blogs need both to be worth reading. The law is only relevant because it applies to people. Otherwise it is a theory, a set of rules. It is an exam in law school that the professor made up to torture law students.
On a loosely related note, is there are better designation for solo and small firm practitioners? Lawyers in large firms are often referred to as "biglaw." Do we have anything similar?
Changes, revisions, modificaitons
After a long break, I have decided to resume regular updates to this blog. However, I decided to modify its title and purpose. As you may or may not notice, I changed the title to reflect one of my favorite works of Russian literature with a cheap legal reference. I always liked saying the word "writs" anyway. It reminds of a crispy, buttery, cracker.
Having recently entered into a partnership with another lawyer, and engaged in the daily grind of building a practice, I think "underground" is a perfectly appropriate reference. Hopefully, it is a word that I will not relate to so well in the not too distant future.
I also realized that there is little value in limiting myself to Russian law. Of course, I plan to post regularly about my experience with Russian Law, but there are too many other ideas, events, and developments that I would like to discuss as well. I see no reason to limit things, and I hope you agree with me.
Having recently entered into a partnership with another lawyer, and engaged in the daily grind of building a practice, I think "underground" is a perfectly appropriate reference. Hopefully, it is a word that I will not relate to so well in the not too distant future.
I also realized that there is little value in limiting myself to Russian law. Of course, I plan to post regularly about my experience with Russian Law, but there are too many other ideas, events, and developments that I would like to discuss as well. I see no reason to limit things, and I hope you agree with me.
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