Archive for the ‘Legal Issues’ Category

The Billionaire’s Apprentice

Monday, April 14th, 2014

The Book of the Week is “The Billionaire’s Apprentice” by Anita Raghavan, published in 2013. This ebook describes the investigation into the activities of a few Wall Streeters who were accused of insider trading in the past several years. Most of the accused happened to be of South Asian descent–from  Sri Lanka and India.

One concept the book conveys to readers is that it is unknown how many American securities-industry professionals are benefiting from insider trading, but the people in this book just happened to get caught because there was sufficient evidence against them to prompt the SEC, US Attorney’s office and FBI to go after them, rather than other possible offenders. The departments involved included the SEC’s Market Abuse Unit and the Department of Justice’s Securities and Commodities Fraud Task Force in the legal jurisdiction of the Southern District of New York (covering Manhattan and the Bronx, according to the author).

Another concept is that the investigating organizations and the securities industry are staffed with many people who, during their careers, switch allegiances. They might go from being a prosecutor to being a defense attorney, or from brokerage executive to government regulator, or vice versa. In this book the “old boy network” is alive and well. Arguably, conflicts abound.

Read the book to learn, among other extremes, about wiretapping (not the NSA’s), about one of the accused who “had several phones– at least thirteen– and he used them all” and a $30 million legal bill.

Bonus Post

Wednesday, February 19th, 2014

This blogger skimmed the book “Law Man” by Shon Hopwood published in 2012. In this personal account, Hopwood details his actions as a bank robber, and their consequences, complete with the romantic subplot.

In May 1999, the author was permanently placed in prison in Peoria. He felt relief because “Mostly I wanted my hard time to begin so it would start to end.” He told the reader of the term “chester”– short for “child molester.” Luckily, early on, Hopwood found an inmate who became his mentor, who taught him how to fashion a wooden-handled steel rod; the best weapon in the prison– which housed a metal fabrication plant. “… you can run it straight through a man’s liver. But what’s better is a lot of friends.”

More than three quarters of the prisoners were wannabe rap stars. Hopwood wrote, “You must have a job in prison; it’s not supposed to be a vacation, after all.” Postage stamps were the major means of exchange. Whenever the post office raised the price of stamps, the prison economy was disrupted.

On one occasion there was a gang brawl in the exercise yard involving attempted murder, resulting in a four-day lockdown of the entire prison. “In a world of attention-craving narcissists, lockdowns border on cruel and unusual punishment.”

Read the book to learn how the author was responsible for a change in a major legal ruling, an occurrence whose odds were akin to winning the lottery.

Savage Spawn

Sunday, October 20th, 2013

The Book of the Week is “Savage Spawn” by Jonathan Kellerman, published in 1999. This short ebook, authored by a child clinical psychologist, discusses topics associated with violent children, including serial killers, psychopaths, psychology professionals, the nature/nurture controversy and violence in the media.

The cynical Kellerman writes that “profiles” of serial killers should be taken with a grain of salt: “Profiles are most effective as career builders for retired FBI agents seeking to be best-selling authors and consultants to the film industry, but they miss the mark as often as they hit.”

Kellerman believes that psychopaths (conscienceless people) cannot be rehabilitated because:  1)  “…no medication has been found that alters antisocial behavior” and 2) they do not respond to the treatment of traditional psychotherapy because they lack insight and the desire to change.

At least since the mid-twentieth century, due to competition with psychotherapists (who hold PhD’s) to treat patients, psychiatrists have been big advocates of attributing biological causes to mental health disorders in order to prescribe medication.

The author provides a real-life example of two boys, thirteen and eleven, who, in spring, 1998, went on a shooting spree at a middle school and killed four girls and a teacher, and wounded ten other kids and another teacher. Kellerman thinks that had the kids not had access to firearms, “…their misdeeds likely would have expressed themselves as some variant of schoolyard bullying, perhaps a knifing.”  He proposes one simple rule for “…preventing child criminality: Restrict access to firearms [to kids].” Teaching psychopathic kids “practical shooting” will result in their bullying other kids. After the occurrence of untoward events, adults who gave kids guns, even with training, should never wonder why such events occurred.

Obviously, it is hard to pinpoint all of the exact causes of violent incidents. Psychological research that would produce a general consensus on the causes of extremely violent behavior would require: a) a long-term study of a sufficiently large number of subjects, and b) other difficult, expensive measures that would minimize bias. Kellerman mentions that longitudinal biological studies of psychopathology have been performed in Scandinavia, but he fails to provide details.

It is inconclusive which, genetics or the environment, is the more responsible for violence committed by kids. The fact that “Genetic traits can make themselves apparent at any age.” throws more of a wrench in the works. The author opines that media violence is not a proximate cause of violent behavior; kids who injure or kill people would probably do so anyway, regardless of the movies or TV shows they had watched. The author’s own children consumed a large quantity of carnage on-screen, and were none the more physically hostile for it. However, Kellerman cannot resist saying, “…media violence is likely to endure as a fruitful source of research grants for social scientists…”

Read the book to learn:  a) the relationship between the heart rate of certain toddlers and probable future violent behavior;  b) three strong predictive factors of violence in teenagers; c)  the age before which, if there is an arrest record– a lifetime of criminality is likely, too;  and d) how to intervene in the lives of high-risk youngsters to try to head off violent behavior.

Bonus Post

Tuesday, September 17th, 2013

For New York City Residents:

As of 5:15pm, Eastern Time, Tuesday, September 17, 2013, my book is available for checking-out from the Mid-Manhattan branch of the New York Public Library, at 455 Fifth Avenue (Eastern corner, 40th Street).

You may go to these webpages:

http://educationanddeconstruction.com/?p=143 and

https://www2.xlibris.com/bookstore/book_excerpt.aspx?bookid=81047

to read excerpts.

And you may go to this webpage:

http://catalog.nypl.org/search/o694061688

click “Place Hold” and log in to reserve it to pick it up later.

Have a great week!

The Waxman Report

Sunday, August 11th, 2013

The Book of the Week is “The Waxman Report” by Henry Waxman with Joshua Green, published in 2009. This is a political memoir that discusses the major issues the U.S. Congress faced during the four decades of Waxman’s career.

The author, a liberal Democrat, was first elected a Representative in the fall of 1974. He talks about the steps required for making laws with regard to containing an epidemic, such as AIDS in the 1980′s:  generate publicity, raise funds for studies on the subject, and, further along the learning curve– implement measures on prevention and treatment. Waxman remarks that involvement of celebrities generated publicity for not just AIDS issues, but also for getting the big pharmaceutical companies to research and manufacture drugs to treat ailments whose sufferers are too few in number for profitability. Waxman participated in helping pass a Congressional bill that contained a creative compromise for both the medical business and patients.

The author dealt with a slew of other political issues to which the aforementioned steps can be applied, too. However, he wrote that the government must be careful not to grant too many allowances to the entities it is regulating in order to pass legislation, because once a bill becomes law, those allowances will not be lessened.

Another point Waxman makes is that politicians sometimes need to partner with their ideological enemies if they want to pass a law. This is where “pork barrel” legislation can be advantageous for both sides. If the opponent’s district is horribly polluted and in danger of being fined, for instance, he might want to help draft an amendment to an anti-pollution law, as was the case with the 1977 Clean Air Act in the early 1980′s.

Read the book to learn the details of how Waxman paints Republicans as evil– their deregulation of various industries has harmed Americans’ health and financial well-being. Nevertheless, the author is optimistic because American politics, although a dirty business, is cyclical. Government and the people work together to adapt to the changing times.

The Good Girls Revolt

Sunday, July 21st, 2013

The Book of the Week is “The Good Girls Revolt” by Lynn Povich, published in 2012. This short ebook discusses what happened when a group of female employees sued Newsweek magazine’s parent company in March 1970, for gender discrimination.

Shortly thereafter, similar litigation followed at other publications– at Time, Inc., Reader’s Digest and various newspapers across the United States. The author briefly describes the historical backdrop before, during and after. One of many cultural phenomena she relates is that the year 1973(!) saw the elimination of classified ads divided into “Help Wanted– Female” and “Help Wanted– Male,” the former of which were mostly for menial and/or low-paying jobs. “Saying you worked at Newsweek was glamorous compared to most jobs available to college-educated women.”

The author says that from the early 1920′s up until the aforementioned lawsuits, periodicals publishers relegated women to dead-end positions. At Newsweek, the vast majority of female employees held the title “researcher”– a fact-checker, who could never become a reporter or editor like, or get paid as much as, the male employees. Besides, many of the men were hired “…as reporters and writers with no prior professional journalistic experience” and most of the female researchers had the same qualifications as they did.

One reason many women did not protest or were not even consciously angry about their situation, is that they were conditioned by the workplace and society in general to comply with gender stereotypes. Four decades ago, women were limited in their opportunities and criticized if they chose a male-dominated career field. They were given to believe they should not aim too high, but stay where they were, because otherwise, they would encounter difficulty.  It became a self-fulfilling prophecy for most of them. Even many women’s colleges at that time had the goal of providing an education with the assumption that a graduate might get a job, but she would quit the workforce when she had children.

Even today, in the American workplace, there is an environment in which women are jockeying for position and power. According to the book, they are less well-liked, the higher up the corporate ladder they climb. The opposite goes for men. In certain aspects of their lives, such as weight-loss groups and fitness, women band together and cheer each other on. But not usually in the workplace.

Read the book to learn about the consequences of the initial legal action, and whether Newsweek’s workplace policies changed when, in 2006(!), three female employees recognized the recurrence of gender discrimination.

Bonus Post

Friday, May 24th, 2013

I am pleased to announce that my book: “The Education and Deconstruction of Mr. Bloomberg, How the Mayor’s Education and Real Estate Development Policies Affected New Yorkers 2002-2009 Inclusive” is available through the following online channels:

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Please visit

http://educationanddeconstruction.com/?p=143

https://www2.xlibris.com/bookstore/book_excerpt.aspx?bookid=81047

to read excerpts.

Thank you.

Bad Boy Ballmer

Sunday, December 30th, 2012

The Book of the Week is “Bad Boy Ballmer, the Man Who Rules Microsoft” by Frederic Alan Maxwell, published in 2002. This ebook recounts the history of Microsoft and the career of its co-founder, Steve Ballmer.

Ballmer grew up in Birmingham, Michigan, which was a community comprised of “intense and well-funded academic, athletic, and social competition, and a high level of parental expectation, involvement, and support.” Ballmer’s father decided he was going to attend Harvard College. Fortunately, his superb academic record proved sufficient for acceptance. There, he met Bill Gates. They struck up a friendship and started Microsoft in the spring of 1975.

In the early 1980′s, under Ballmer’s and Gates’ auspices, the company created applications software that worked best on its own operating systems. This was one of many of Microsoft’s monopolistic practices that prompted government investigations and many lawsuits against it. Legally, financially and politically astute, Microsoft successfully defended itself for well over a decade, and employed unlawful dirty tricks in taking swipes at IBM, Sun Microsystems, Netscape and many other companies that made competing products. The whole time, Microsoft arrogantly denied it was a monopoly.

In the summer of 1998, Ballmer was named president of the company, which was still dogged by accusations of illegal business practices. The corporate culture had changed for the worse, and employee turnover rose. In order to boost morale, Ballmer “scheduled one-on-one interviews with the top hundred of Microsoft’s now thirty-five thousand employees, asking them what they thought was wrong with the company and how it could change.”

Ballmer told the press that his $180 billion company was overvalued. Shortly thereafter, on September 23, 1999, Microsoft’s NASDAQ stock price plummeted. Shareholders in the Seattle area alone suffered collective losses of $11 billion, or over “$3,000 for every man, woman, child and dog.” Other tech stocks fell precipitously as well. It was thought that Ballmer’s remark was a deliberate strategy to financially debilitate Microsoft’s rivals, which lacked the resources his company did.

Performance of Microsoft employees was reviewed every six months, on a 5-point scale. Managers competed for the privilege of supervising employees awarded high scores. However, the system had an inherent unfairness in that some managers gave 3′s for 4.5-level work, because they were supposed to rank their subordinates pursuant to the normal curve.

Read the book to learn more about how Ballmer’s personality and actions shaped Microsoft for over a quarter of a century.

Destiny of the Republic

Sunday, September 30th, 2012

The Book of the Week is “Destiny of the Republic” by Candice Millard, published in 2011.

In 1880, James A. Garfield was a humble soul. He, like Abraham Lincoln, did not traverse the country making speeches because stumping was “considered undignified for a presidential candidate.”

Garfield actually did not want to become the 20th president of the United States, but he was elected anyway. He was inaugurated in 1881, in March– the month in which presidents took the oath of office until 1933– when transportation to Washington, D.C. had been sufficiently improved.

At the time, the Secret Service sought to eliminate counterfeit money, not provide security for the president. He had no bodyguards. It was thought there was no way to prevent a determined public from harming him. So he did not worry about assassination.

On orders from God, a deranged man named Charles Guiteau shot Garfield in a train station. While Garfield lay on the extremely unsanitary floor, a doctor “inserted an unsterilized finger into the wound in his back, causing a small hemorrhage…” and a big infection.

If the president had been shot only fifteen years later, he would have been X-rayed and would have undergone antiseptic surgery. However, at the time, the American medical community was still resistant to accepting Lister’s theories on antisepsis, and instead exhibited arrogant, distrustful behavior.

Read the book to learn the destiny of the United States at this fateful turn of events.