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January 29, 2012

Pantheon: Vanessa Anne Hudgens. Charisma, legs and talents beyond her years.

Born December 14, 1988. American actress, singer. We were very, very wrong about her. She's not too young for The Pantheon. She got legs, legs, charisma and talent. She can act. We salute her--and stand corrected.

Posted by JD Hull at 11:59 PM | Comments (0)

Energy Security: China is hungry for Canadian oil. And Canada plans to diversify.

In a widely-circulated AP article today, Rob Gillies reported that "with pipeline to US on hold, Canada eyes China". This development is also likely to become a political issue in the ongoing American presidential campaign. Historically, virtually all of Canada's oil production has gone to the United States. Excerpts:

Prime Minister Stephen Harper says Canada's national interest makes the $5.5 billion pipeline [a non-American one now seriously being discussed in Canada] essential. He was "profoundly disappointed" that U.S. President Barack Obama rejected the Texas Keystone XL option but also spoke of the need to diversify Canada's oil industry. Ninety-seven percent of Canadian oil exports now go to the U.S.

"I think what's happened around the Keystone is a wake-up call, the degree to which we are dependent or possibly held hostage to decisions in the United States, and especially decisions that may be made for very bad political reasons," he told Canadian TV.

Alberta has the world's third-largest oil reserves after Saudi Arabia and Venezuela: more than 170 billion barrels. Daily production of 1.5 million barrels from the oil sands is expected to increase to 3.7 million in 2025, which the oil industry sees as a pressing reason to build the pipelines.

Meanwhile, China's growing economy is hungry for Canadian oil. Chinese state-owned companies have invested more than $16 billion in Canadian energy in the past two years, state-controlled Sinopec has a stake in the pipeline, and if it is built, Chinese investment in Alberta oil sands is sure to boom.

Posted by Holden Oliver (Kitzbühel Desk) at 12:59 AM | Comments (0)

January 27, 2012

In Progress: Bennet Kelley's 2012 Working World Hacklist.

Steal a peek: Hack Exchange 2012 through January 27, 2012, courtesy of the founder, B.G. Kelley.

Posted by JD Hull at 05:03 PM | Comments (0)

January 26, 2012

That's what I'm talking about.

How often have you felt like this? We hope it's a lot.

Injured 2 weeks ago, Rafael Nadal celebrates beating Roger Federer yesterday in the Australian Open semifinal in Melbourne. (Photo: Daniel Munoz/Reuters)

Posted by JD Hull at 11:07 PM | Comments (0)

At TechRepublic: Anonymity in Social Media.

Two days ago at TechRepublic Jason Falls wrote about "The case of anonymity in social media". One lawyer Falls interviewed said that courts are just starting to police anonymous commenting on websites, but that it's a "growing trend". Excerpt:

Anonymous comments are often the bane of every community manager’s existence. Even the website editorial staffs for major newspapers - perhaps the biggest perpetrators of allowing anonymity online - hate the fact random people can leave random anything on their websites.

Gannett, one of the largest publishers of newspapers and media properties in the world, introduced article comments in 2006 and, according to social media director Jodi Gersh, the company’s dismay with comments has grown. Now the media giant is pushing toward holding commentors accountable for their words.

With thanks to Kevin Driscoll (not pictured above).

Posted by JD Hull at 12:32 AM | Comments (1)

January 25, 2012

At CorporateCounsel.net: UK considers shareholder Say-on-Pay and performance-based Bonus Clawbacks for execs.

See one of today's posts at Broc Romanek's TheCorporateCounsel.net. Excerpts:

The United Kingdom has been on a path to revise its executive compensation laws to rein in excessive pay. Yesterday, the UK announced a slew of proposals that would push the envelope in the executive pay area...:

- Say-on-pay votes would be binding
- Approval threshold increased to 75% from 50%
- At least two compensation committee members would have no prior board experience
- Clawbacks of bonuses if executives failed
- Enhanced disclosures

Posted by JD Hull at 11:59 PM | Comments (0)

January 24, 2012

WAP Guest Writer Mike O'Neil: "National Spotlight to Turn on Arizona: Four Reasons Why."

Political consultant and on-air commentator Mike O'Neil has written and talked about national politics for three decades. In this WAP guest post, he writes on why his adopted state of Arizona has become thrust into the national limelight.

National Spotlight to Turn on Arizona: Here Are Four Reasons Why.

By Mike O'Neil

1. The Special Election for Gabrielle Giffords' seat may be a very early indicator for the mood of the entire country in 2012: The primary for the special election will be in April and the general special election will be in June. A vote in a tossup district with no incumbent in the middle of a Presidential election year? You don't get a better early indicator of the national mood than that.

2. The February 28 Arizona Presidential primary looks like it will matter--and there will be an extended period in the national limelight. In the week after the Florida primary, there are four caucuses. Then there are three weeks (February 8-27) with no primary or caucus. For those three weeks, Arizona and Michigan (that also has a primary on the 28th) should be a major focus of national attention.

3. President Obama is coming to Arizona tomorrow, Wednesday, January 25--the day after his State of the Union address. His trip also includes Iowa, Nevada, Colorado and Michigan, all battleground states. Why Arizona? Except for Missouri (which was a virtual tie in 2008), Arizona is probably the only state Obama did not carry in 2008 that he has a prayer of carrying in 2012. And the state has had more than its share of national newsworthy events (probably why the New York Times assigned a full time reporter to the state last year). While Arizona might be a stretch for him to carry, even making the attempt may be important. Otherwise the political narrative is exclusively about him playing defense, trying to hold on to enough of his 2008 states to get re-elected. Arizona represents almost his only opportunity to play offense-and change the narrative.

4. Competitive Districts without Incumbents. Perhaps 10% of the congressional districts in the country are truly competitive --and most of these have incumbents. Giffords district is competitive. (It was held by a moderate Republican, Jim Kolbe, for many years). Interestingly Arizona now will now likely have three of these rarities (truly competitive and without an incumbent): Giffords' District (CD2), the newly created central CD9, and (if Paul Gosar moves to the Western CD4 as he has indicated), the Northeast/Flagstaff CD1 will also be vacant. Three very competitive districts, each without an incumbent. A rarity.

Stay tuned. Should be fun.

--Michael J. O'Neil, PhD

(Copyright MJO. All Rights Reserved.)

Posted by JD Hull at 01:22 PM | Comments (0)

January 23, 2012

Nigeria as Battlefield: "Western education is sacrilege."

Over sixty years after gaining independence from European rulers, the Federal Republic of Nigeria, Africa's biggest oil producer, and home to Africa's largest population, continues to be a battlefield. Yesterday in Kano, Nigeria, in northern Nigeria, over 150 people were killed in a coordinated terrorist bombing claimed by the Islamist sect Boko Haram. Nigeria's current government is widely regarded as inexperienced and weak. But, as news reports rarely emphasize, one of the more troubling aspects of recent attacks by Boko Haram and other groups is that, since independence in 1960, traditional tribal and religious leaders in Nigeria have seen their power and influence weaken in times of crisis and violence. Increasingly, and in most circumstances, they can no longer be counted on or trusted to step in. See this AP article. Excerpt:

On Monday, Emir of Kano Ado Bayero and Kano state Gov. Rabiu Kwankwaso sat together at the front of a mosque typically full of worshippers during Friday prayers in this dusty, sprawling city. However, the special service to commemorate the dead and ask God for peace and justice drew much smaller crowds than usual, with half of the prayer mats unoccupied.

"I call on people from all groups to pray for this place," Bayero said.

Meanwhile, secret police officers stood guard outside with assault rifles.

Bayero is one of the premier rulers of the emirates of Nigeria, a system of governance that dates back to the 1800s and still carries spiritual importance to Muslims. British colonialists used the emirates to rule the north by proxy until Nigeria gained its independence in 1960.

Many believe Nigeria's corrupt politicians now do the same, as the vast majority of those living in the north deal with crushing poverty in a nation where most earn less than $2 a day.

The influence of traditional leaders in Nigeria has waned in recent years and the 81-year-old emir himself showed his age as he walked slowly away from the mosque, leaning heavily on his cane.

Such leaders previously promised to intercede for the government to stop the increasingly violent sectarian attacks of Boko Haram, whose name means "Western education is sacrilege" in the local Hausa language.

Sky News

Posted by JD Hull at 11:56 PM | Comments (0)

January 22, 2012

H.R. 3261 and S. 968: "Congress, can you hear us?" This Social Media Groundswell worked pretty well.

E.g., at PC World, "SOPA, PIPA Stalled: Meet the OPEN Act". And thank you, Peter Friedman.

Posted by JD Hull at 07:19 PM | Comments (0)

January 20, 2012

Benjamin Siegelbaum: Best Hood Ever.

Bugsy Siegel

Posted by JD Hull at 11:38 AM | Comments (0)

January 17, 2012

Transcript of last Monday's SCOTUS argument in Sackett v. EPA: Some Justices Peeved by EPA?

We posted briefly last Monday (January 9) on the oral argument that morning in Sackett v. EPA (No. 10-1062), the right to pre-enforcement review dispute which pitted the EPA against Mom and Pop America and their backyard. A few people asked for the transcript to determine which, if any, justices were actually "riled" at the EPA. The transcript is here and you can decide for yourself. In any event, the best post-Sackett argument lead came in an article by Greg Henderson at Drovers CattleNetwork in "Supreme Court Justices Critical of EPA in Wetlands Case". It begins:

One of the little guys had his day in front of the U.S. Supreme Court Monday, and a lot of the big guys were watching.

In what could become an important decision regarding the Environmental Protection Agency’s enforcement rules, several Supreme Court justices appeared sympathetic to the cause of Mike and Chantell Sackett in their battle against the EPA and the Clean Water Act.

"Outrageous": Associate Justice Samuel Alito, Man of the People.

Posted by JD Hull at 01:05 PM | Comments (0)

January 16, 2012

The High Sweet Smell of Spirited Mediocrity: SNL's New Ode to the Slackoisie, Happysphere and Self-Esteem Movement.

"You can do anything."

Posted by JD Hull at 10:56 PM | Comments (0)

January 14, 2012

At Cross-Culture: Are Chinese business people getting their American thing on?

At Richard Lewis's great Cross-Culture, Maria Chow, based in Singapore, and a founder of Spark Asian Leadership Practice, has written "As the Dragon Leads..." in which she contends that the traditional Chinese business style of "collective" and "reactive" is being slowly but noticeably replaced by more competitive and individualistic modes of behavior. In short, Chow says, China business leaders are starting to act more and more like Americans. Excerpt:

...I have trained hundreds of Chinese managers and hi-potential graduates from state-owned companies as well as multinationals in leadership.

What strikes me as rather unique in terms of Chinese talent is how competitive everyone is: individuals do all that they can to stand out from the “crowd”. Few shy away from stating openly their career aspirations. This contrasts interestingly with the common belief that socialistic societies are largely collective in most things people do.

With increasing opportunities in the country though, Chinese managers are displaying individualistic behaviour, pursuing their own careers and dreams with much fervour, almost as if to catch up on lost time.

Posted by JD Hull at 01:48 AM | Comments (0)

January 13, 2012

Patrick Lamb: Two Posts on Writing Well that Cover it All.

Read two fine back-to-back posts on writing spanning the sublime to the all-important nuts and bolts. Flowing from the irrepressible pen of Chicago trial lawyer and thought leader Patrick Lamb--Pat's responsible for getting me started blogging seven years ago, so I have sharply conflicting emotions whenever I even think about the guy--are two recent items at his highly-regarded In Search of Perfect Client Service on writing well: "Do you have a Muse?" and "The Importance of Proofreading".

Posted by JD Hull at 11:18 PM | Comments (0)

January 11, 2012

London's Mayoral Race: Is Boris Johnson going to keep his job?

That is one of the questions--and a good one--posed by The Economist this past weekend in "London's Mayoral Race: Back into the Fray". In May, London's incumbent mayor Boris Johnson, a flamboyant and often very funny Conservative, former MP, journalist and author (hatched from the Conservative Party's usual lower England Etonian-Oxford tribe) will run against the same opponent he faced in 2008: "Red" Ken Livingstone, the Labour Party candidate, and a serious lefty, who was Johnson's predecessor. Both Johnson and Livingstone are capable pols and managers. While Johnson's eccentricities and manic kind of charisma have made him a popular mayor, Livingstone, who is two decades older than Johnson, may have the advantage of pitching to his more natural constituency in the traditionally liberal urban electorate of London. Johnson is eccentric as hell, fun to watch and connected very well with voters in 2008. Whether or not he is re-elected five months from now, he is expected by many to become Prime Minister some day. But he may not be a shoe-in May. Excerpt from The Economist January 7 article:

London leans left—-as big, diverse cities tend to. Mr Livingstone, knowing that voters often punish governments between general elections, aims to paint his rival as just another Tory. And although the polls suggest that Londoners prefer Mr Johnson on policing, the economy and the Olympics, he trails on the vital issue of transport. A spate of strikes on the Tube has encouraged the view that Mr Livingstone, a machine politician and a man of the left, is better at dealing with London’s ornery unions.

Alexander Boris de Pfeffel Johnson, Mayor of London.

Posted by JD Hull at 04:09 AM | Comments (0)

January 09, 2012

The Clean Water Act case before SCOTUS today: Backyard or Protected Wetland?

Homeowners or Industrial Polluters? Given the current makeup of the U.S. Supreme Court, the case of Sackett v. EPA being argued before it today is probably as important, and certainly as "political", as environmental law gets. Our take? Despite the David v. Goliath hype, it's a relatively straightforward exercise on the right to pre-enforcement review under the APA. Lots of amicus briefs, mainly by private industry in support of petitioners, the Sacketts. Before this Court, the Sacketts have a shot of prevailing in their pre-enforcement argument. In any event, the due process challenge they are claiming in the alternative should fail. For background, see in the Los Angeles Times "Supreme Court Takes Up Property Rights Dispute" plus this summary and Lyle Deniston's preview, both at the SCOTUS blog.

Posted by JD Hull at 08:35 AM | Comments (0)

January 08, 2012

At Invisible Paris: A New Revolution in Levallois.

Levallois is a town without a museum, and seemingly also a place that feels no need to display any traces of its past. It's the classic tale of the nouveau riche with a deep feeling of shame about its unprosperous ancestors.

--Invisible Paris, January 4, 2012

Some of the best parts of our world disappear without much fanfare. But one of the Internet's redeeming cultural features is its ability to set down a meaningful biography of place, and indulge in a fair tribute, before a storied town or village is reduced to a few memories, or to a fleeting mention in history. Don't miss the photographs and some fine and poignant writing at Invisible Paris in "Disappearing Levallois: The Rue Marjolin", about Levallois-Perret, a mid-19th century commune in working class suburbs, just a few miles north of Paris.

Posted by JD Hull at 09:53 PM | Comments (0)

January 06, 2012

Peter Friedman: Problems, Creativity and Uncertainty.

For many of us, "Weird Done Well" (to borrow a great phrase from my school chum Jay Harris) can never be Smart or Workable, and we will balk at it, and even jeer, when we see it.

Over the last few years we've written a lot about the (1) elegance and (2) utility of complexity in the workplace. See, for example, "The Great Things at Work: Novelty, Complexity and Ambiguity." Last month, Legal OnRamp's Paul Lippe took the subject another step in his fine "How Client Complexity Will Shape the New Normal For Firms and Law Schools". And yesterday Hull McGuire's Peter Friedman commented at his own blog on a Cornell study last year which showed that humans, precisely at the times they seek and even come up with "creative" solutions to problems, paradoxically exhibit a firmly-entrenched bias against creativity. In "Creativity? YOU CAN’T HANDLE CREATIVITY!", Peter explained that "creative responses to problems create uncertainty, and that people reject those creative ideas because they can’t handle the uncertainty". So the equation might be put roughly this way: Problems or Complexity + Creative Responses (read: sound but "outside the box" possible solutions) = Uncertainty. So why bother being "creative" if it wastes time and leads to just another workplace moment of paralysis?

This, of course, is not what we all wanted to hear as being the knee-jerk response for co-worker reactions to tougher issues at work. However, it does ring true. Most of us are uncomfortable with anything beyond cookie-cutter solutions to problems or, at a minimum, solutions to problems that somehow seem tried, tested and "normal". We have difficulties, moreover, in distinguishing between the unconventional and the illogical. For many of us, "Weird Done Well" (to borrow a great phrase from my school chum Jay Harris) can never be Smart or Workable, and we will balk at it, and even jeer, when we see it.

Solving problems, addressing complexity and even "thinking like a lawyer"--once described by a legendary Skadden partner as thinking about something inextricably attached to something without thinking about the thing to which it's inextricably attached--does not mean Group-Think. It doesn't mean shooting from the hip, either. It does mean a little eyes-wide-open risk taking. But most of all, you need balls. Or courage. Peter, thankfully, is that rare business lawyer who can sell "different" to clients and employees alike--and then deftly implement it. A respected and versatile IP expert and litigator with a Big Law background who has gone from private practice to law professor and back again to practice, he can be counted on to look at things freshly but practically. In his post, Peter puts it succinctly and, I think, accurately:

I’ve always told students and colleagues that being genuinely creative requires courage and the ability to persevere in the face of rejection. There’s good reason for that. As much as “innovation” is the catchword of our age, very few people in decision-making positions are really brave enough to accept innovative ideas (whether they’re teachers, school administrators, politicians, lawyers, or corporate executives).

Peter Friedman

Posted by JD Hull at 08:19 PM | Comments (0)

January 04, 2012

Environmental Protection: U.S. Department of Homeland Security Has a Huge Weed Problem.

Well, that explains a lot. Poised at a rare intersection of the environment, inland waterways, immigration policy and national security, Environmental Protection magazine reports that "Giant Weed Creates Threat to Our Nation's Ecosystems and Border Security". Seriously, we have here a textbook example of "the complex society" at work. Think of the divisions of labor needed to address this issue fully. You need specialists. But who quarterbacks it? Excerpts:

Along U.S. southern coastal rivers, most particularly Texas’ Rio Grande, an invasive species of plant known as giant reed is encroaching on the water, overrunning international border access roads, and creating a dense cover for illegal activities. The U.S. Department of Homeland Security has called for a plan to control this weed.

Giant reed, more commonly known as Carrizo cane in Texas, is a nonnative bamboo-like plant that can grow more than 32 feet tall. To support its rapid growth rate, it consumes large amounts of water compared to native vegetation. The weed reduces arthropod diversity and abundance in our ecosystems and destroys wildlife habitat.

Posted by JD Hull at 11:59 PM | Comments (0)

Iowa: You got me where you want me.

Results for Iowa Republican Caucus (U.S. Presidential Primary)

Mitt Romney 30,015 24.6%
Rick Santorum 30,007 24.5%
Ron Paul 26,219 21.4%
Newt Gingrich 16,251 13.3%
Rick Perry 12,604 10.3%
Michele Bachmann 6,073 5%
Jon Huntsman 7,450. 6%
Herman Cain 58 0%
Buddy Roemer 31 0%
No Preference 1,350. 1%
Other 1,170 .1%

Source: AP

Posted by JD Hull at 11:42 PM | Comments (0)

January 02, 2012

Edinburgh's Hogmanay Celebration is Decadent and Depraved.

So we'd like to go to it next year. See this BBC piece on Scotland's New Year's bash this year: "Edinburgh Hogmanay Revellers See In 2012". And then take a look in The Guardian at this one: "Pit Them Away Hen! Guide to a Real Scottish Hogmanay". For more on this shameful ancient annual fire lit Pagan bender, with its Robert Burns overtones of Celtic mysticism, witches and pleasures of the flesh, to which no one has ever invited us, see Biggar Bonfire 2011.

Three days ago, the Up Helly Aa Vikings from Lerwick in the Shetland Islands started Hogmanay's annual torchlight procession in Edinburgh. (David Moir/Reuters)

Posted by JD Hull at 11:37 PM | Comments (0)

Our 2nd "most popular" post in the last 12 months was about....Proofreading.

The Damning Quality of Faint Self-Praise. Yeah, Proofreading. Which is important to writers, lawyers, advertising execs and most civilized business people and--often like Writing Itself these days--is an underappreciated and endangered discipline.

The first, or "most popular", post at What About Clients/Paris? site in 2011 was infamous, often detested and the one of which we're most proud in the past year hands down (or thumbs down). We'll try get back to that one later this week or next and make a few important (we think) points about the offending post.

But the second most clicked-upon piece, from August 19, 2011, was this: "Proofreading: It's a Client Thing--Not Optional." We're even more pedestrian than we had thought. And could you check for typos in this post, please? There must be at least one.

Proofreading: Unsexy but hard.

Posted by JD Hull at 01:19 PM | Comments (2)

January 01, 2012

Marrakesh: Invest in "people different from you."

American expat Maryam Montague's My Marrakesh is consistently first-rate. Stylish and playful, yet profound and lovingly-written, this blog, like its author, is eclectic, well-traveled, highly educated and elegant. Fun, too. And she knows that life is, and should always be, a journey and adventure. Here's one we like we can use to carry us through the Rest of the Year 2012: "A tale of a new year of new adventures."

Photo: My Marrakesh/Vogue Italia.

Posted by JD Hull at 12:55 AM | Comments (0)