Thursday, May 23, 2002

Teacher displays porn during exams


BBC reports that in the UK a teacher who was conducting an exam unintentionally displayed porn pictures to his students. Apparently, the invigilator, math teacher Richard Jowett, was looking at the material on his personal computer, forgetting it was linked up to the monitor that could be seen by everyone. Full text here.

Monday, May 06, 2002

JOKE FROM THE MAIL

Pinoy Hell


A Pinoy dies and goes to hell. There he finds that there is a
different hell for each country.

He goes first to the German hell and asks, "What do they do here?" He
is told, "First they put you in an electric chair for an hour. Then they
lay you on a bed of nails for another hour. Then the German devil comes
in and whips you for the rest of the day."

The man does not like the sound of that at all, so he moves on. He
checks out the USA hell as well as the Russian hell and many more. He
discovers that they are all more or less the same as the German hell.

Then he comes to the Filipino hell and finds that there is a very
long line of people waiting to get in. Amazed he asks,"What do they do
here?"

He is told "First they put you in an electric chair for an hour. Then
they lay you on a bed of nails for another hour. Then the Filipino devil
comes in and whips you for the rest of the day."

"But that is exactly the same as all the other hells - why are there so
many people waiting to get in?"

"Because there is always a blackout, so the electric chair does not
work.
Somebody stole all the nails to sell it 'por kilo'. And the devil
used to be a public official, so he comes in and punches his time-card,
shakes hands with all the people waiting there and then goes back home... "

Friday, May 03, 2002

NEWS
Sixth Grader Suspended for Stick Figure Doodle


CNN reports that a Pennsylvania school suspended an 11-year-old girl for drawing two teachers with arrows through their heads, saying the stick figures were more death threat than doodle.

Becca Johnson, an honor-roll sixth-grader at Mellon Middle School, drew the picture on the back of a vocabulary test on which she had gotten a D.

"That's my way of saying I'm angry," Becca said, adding she meant no harm to the teachers.

The stick figures, on a crudely drawn gallows with arrows in their heads, had the names of Becca's teacher and a substitute teacher written underneath. Another teacher spotted the doodle in the girl's binder Tuesday and reported it, prompting the three-day suspension.

Did this Pennsylvania school go over board on this one? The answer appears very uncertain. This is an academic community where punishment is imposed not only as a form of retribution but also as a way of reforming wrongful behavior. In other words, the punishment is part of the education that children get from a school. Thus, nobody can argue against what the school believes as the right punishment because it's part of the school's academic freedom.

Yet, surely looking at the offense, one can sense a great disproportion. The punishment appears to be too much for a simple childish behavior of doodling. I once did this to a Social Science teacher in high school and all I merited was a smile from my teacher. Why should anyone be suspended if I happen to stick an arrow on the doodle?

Sunday, April 28, 2002

Joke from the mails
TOP TEN REASONS WHY THERE WOULDN'T BE A FILIPINO-AMERICAN PRESIDENT

10. White House is not big enough for in-laws and the relatives.

9. Not enough parking spaces at White House for 2 Honda Civics, Toyota
Celica, 1985 Mercedes Benz Diesel, BMW (big mean wife) and MPV (My Pinoy
Van) and the jeepney owner..

8. Dignitaries generally intimidated by eating with fingers at state
dinners.

7. Too many dining rooms in the White House (Where will they put the last
supper picture?

6. White House walls not big enough to hold giant wooden spoon and fork.

5. Secret Service staff won't respond to "psssst, psssst."

4. Secret service staff uncomfortable driving presidential car with rosary
hanging on the rear view mirror or the statuette of Santo Nino on the
dashboard.

3. No budget allocation to purchase karaoke machines on every White House
Room.

2. State dinners do not allow "Take Home".

AND THE NUMBER ONE REASON

1. AIR FORCE ONE does not allow overweight balikbayan boxes.

Wednesday, April 24, 2002

NEWS
Robot cameras 'will predict crimes before they happen'

The Independent News of the UK reports that scientists at Kingston University in London have developed software able to anticipate if someone is about to commit a crime. The software, called Cromatica, works by examining images coming in from close circuit television cameras (CCTV) and comparing them to behaviour patterns that have already programmed into its memory. It can then mathematically work out what is likely to happen next. And if it is likely to be a crime it can send a warning signal to a security guard or police officer. Full text of the news here.

These scientists are still at their inductive logic. "If you look like a criminal, act like a criminal, then you are a criminal."
The thought sends me the shivers. Many times I love play acting on the street.Sometimes I imagine myself as a communist cadre about to drop off some important document from the politburo to an innocent looking trash can in the middle of Cubao. Can't do that anymore, I guess.

But really, how many folks out there seem to act like a criminal when they actually are not? It's probably a small percentage of this 60 Million ++ people which still translates to a couple of thousands. Indeed, this way of thinking "you are mathematically what you appear to be" is a real menace. The margin of error is not at all marginal if these scientists will only realize that they are talking about human beings who might as well be their own wives and children. Well, that's the UK. That's their worry. This is the Philippines where the most advanced computers cannot mathematically tell the police from the robbers.

Sunday, April 14, 2002

Sick man kills self after long hours on the web


According to Milwaukee Journal Sentinel, a twenty-one year old man killed himself last year after spending long hours playing in Sony's Everquest gaming site. The report said that the 21-year-old Shawn Woolley was addicted to EverQuest. He sacrificed everything so he could play for hours, ignoring his family, quitting his job and losing himself in a 3-D virtual world where more than 400,000 people worldwide adventure in a never-ending fantasy. His mother blames the game for her son's suicide and has hired an attorney to sue the company in an effort to get warning labels put on the games. "It's like any other addiction," Elizabeth Woolley said last week. "Either you die, go insane or you quit. My son died." The full text of the news is here.

If this action were to be filed by somebody from the Philippines, it is very likely that it will not prosper. Philippine law considers the man old enough to know what he was doing and to understand that playing on the web to the point of addiction is harmful to himself. To even insinuate that there is a cause and effect between his suicide and his addiction to the online game may even be considered absurd.Was Sony negligent in not posting warnings on its site that playing can cause harm? That is another way of looking at it. Is it possible that Sony's Everquest drove the man to suicide? While in the US people can get rich making this sort of connection, it is not the same in the Philippines where murderers are even paraded as heroes. Yet, it would be interesting to know how the US courts will tackle this first ever action on web addiction against a big company.

Wednesday, April 10, 2002

I'm moving to a new server. Please update your bookmarks. Henceforth, we can be read at www.aceron.net/~marvin/

Sunday, April 07, 2002

NEWS
Sixth Grader Might be Expelled for Bringing a Knife to School

News 3 reported that a Madison, Wisconsin sixth grader faces expulsion from his school for bringing a knife.The kid claims he needed it for his science project -- i.e., to cut onions. But the school believes that it should enforce the "Zero Tolerance Rule " for weapons in school.


Chris Schimdt


The report states that Chris Schmidt is a straight-A sixth-grader. He loves school, music and sports, and went to the nation's Capitol as a member of the School Safety Patrol. However, the report said his background is irrelevant for the offense that he has committed. Ms. Valencia Douglas, assistant school superintendent says "We can't say, 'You're a good kid, so your mistake doesn't have as much force, or importance behind it as a kid with other issues,'"

The slant in the news report (full text here) seems to make it appear that the school is being unreasonable. Yet, it is quite possible that the kid intended to threaten somebody with the knife or just brought it for show. With kids these days, you'll never know.

Analyzing the issue further, however, it seems that the problem really is with the rule and not with its application -- assuming there is no other fact but for act of bringing the knife to school. The rule infers criminal intent just by the act of bringing any weapon or weapon-like utensil and punishes the act with a severe penalty. If the school insists on the strict application of its rule, this may be a potential case for violation of the constitutional right to "due process" on account of unreasonableness of the law.

Thursday, March 28, 2002

NEWS
Suit seeks billions in slave reparations



CNN reports that a former law student, who discovered evidence linking U.S. corporations to the slave trade, filed a federal lawsuit
in Brooklyn against these corporations for conspiracy, human rights violations, unjust enrichment from their corporate predecessors' roles in the slave trade and conversion of the value of the slaves' labor into their profits. The suit names FleetBoston Financial, the railroad firm CSX and the Aetna insurance company, and promises to name up to 100 additional corporations at a later date.
"These are corporations that benefited from stealing people, from stealing labor, from forced breeding, from torture, from committing numerous horrendous acts, and there's no reason why they should be able to hold onto assets they acquired through such horrendous acts," said Deadria Farmer-Paellmann, the main plaintiff in the lawsuit. Full text here.


Deadria Farmer-Paellmann: A case for overlawyered?


Is this case for overlawyered.com? Or is justice finally catching up after a couple of hundred years of delay? According to CNN, in response to the lawsuit, Aetna released a statement saying, "We do not believe a court would permit a lawsuit over events which -- however regrettable -- occurred hundreds of years ago. These issues in no way reflect Aetna today." For sure, the defense of prescription will be invoked -- that is, the cause action has already expired due to the lapse of time. And corporate lawyer that I am, I suppose this is the book solution to this case. However, this can hardly be classified as another case for the books. It involves the entire Amercian history, psyche and nationhood and a very insensitive treatment of this case can lead to riots like those which characterized the Rodney King trials.

Tuesday, March 26, 2002

NEWS

CUBA BANS SALES OF COMPUTERS TO PUBLIC



The Cuban government has banned the sale of computers and computer accessories to the public, except in cases where the items are "indispensable" and the purchase is authorized by the Ministry of Internal Commerce. Minister of Internal Commerce, Bárbara Castillo of Cuba issued Resolution No. 383/2001 Article 19, Chapter II, Section 3 of which states that:

"The sale of computers, offset printer equipment, mimeographs, photocopiers, and any other mass printing medium, as well as their parts, pieces and accessories, is prohibited to associations, foundations, civic and nonprofit societies, and natural born citizens. In cases where the acquisition of this equipment or parts, pieces and accessories is indispensable, the authorization of the Ministry of Internal Commerce must be solicited."



According to Wired.com, "the rise of independent journalists in Cuba, who published articles on the Internet criticizing the Castro regime, may have something to do with it. The correspondents, who risk jail time for their "subversive" reports, send their stories by fax, e-mail or phone dictation to supporters in Miami." Full text here.

It is quite apparent that Cuba is in a state of paranoia. With the advent of new media, such as the internet and cellular telephones, Fidel Castro and his monolithic party will have their hands full in keeping freedom loving people from expressing their views to the world..Yet, how long can Castro put up with it? Not for long for sure.Not for long.
WEB ADMIN

We finally registered ACERON.NET!. Thus, effective immediately we can be seen under the domain http://marvin.aceron.net. Our email address will also change to marvin@aceron.net. MBAceron.com will be retired by April 1, 2002. I was never at home with it anyway.

Saturday, March 16, 2002

NEWS
Saudi Police stop improperly dressed girls from fleeing burning school

BBC reports that Saudi Arabia's religious police stopped schoolgirls from leaving a blazing building because they were not wearing correct Islamic dress, according to Saudi newspapers. According to the al-Eqtisadiah daily, firemen confronted police after they tried to keep the girls inside because they were not wearing the headscarves and abayas (black robes) required by the kingdom's strict interpretation of Islam. Full text here



This is a perfect example of common sense giving way to obedience of the law. How stupid of the saudi police. But we might be surprise to know that they thought all the time that they were doing the right thing. They probably still do.

Sunday, March 03, 2002

Comment

Erap turns the tables on Govt.

What do you know? After committing a big slip on primetime TV by admitting that he is the one and only Jose Velarde, Erap (disgraced former Philippine President), dismissed his top caliber lawyers on the pre-text that he will not get justice anyway from the court trying his case. Now, everybody in the government is frantic that this new Erap posturing might trigger another attack from the Erap mob who lynched Malacanang Palace last May 1, 2001. There is no doubt Erap wants to go on exile.His political supportes are now agitating for it. (See INQ7 text here.) And Gloria -- slick politician that she is -- knows letting Erap go might be the political compromise of the century.

Okay, as for me, I'm just shaking my head as I type this. I am shaking my head. I will go about my business in this country just shaking my head.

Tuesday, February 26, 2002

NEWS
Computer Waste Polluting Asia

BBC News reports that old computers are being dumped in Asia where they are releasing toxic materials into the environment. The full text is here.

Piles of computer waste are found in Guiyu, China
.

BBC cites a report, called Exporting Harm: The Hi-Tech Trashing Of Asia, which details a group of villages in south-eastern China where computers from America are picked apart and strewn along rivers and fields.

In the Philippines, old computers from the US are being resold with warranties at bargain prices by enterprising importers. While there are no reported dumping of old computers as of yet, it cannot be said for sure that the same mass dumping of old computers are not taking place in remote places of the country. Given the rising level of computer use in the Philippines today and the continuing problem regarding the disposal of garbage in general, it will not be long before the these old computers from the first world will find their way in Philippine rivers.

Wednesday, February 20, 2002

NEWS
Love struck judge likely to go to jail because of love poem

A Philippine judge accused of sexual harrassment by a court employee is likely to get convicted as the victim presented a love poem given by the judge himself to her. The poem, written in the Philippine national lanuage, contains sexually explicit lines and belies any denials from the beleaguerd judge. A portion of the poem goes,

Poem Translation

Dumating ka sa buhay ko You came into my life
isang araw ng Agosto, One day in August
Ang baon mo ay ang iyong ganda You brought beauty
at talinong abogado. And a lawyer's intelligence
Ang tamis ng iyong ngiti The sweetness of your smile
ay bumihag sa puso ko, Captured my heart
Malakas na pampalubag A strong soother
sa mainit kong ulo. To my anger
Kapalaran ay malupit Fate is harsh
di kita makatalik, I cannot make love to you
Sa ngayon o bukas Today or tomorrow
pagka't di mo ibig. Because you do not love me

The full Inquirer text is here.

I've had a wave of referrals lately regarding sexual harassment but none is as amusing as this one. In a macho society like the Philippines, the enactment of the Anti-Sexual Harassment Law was welcomed by a lot of women. It is good that cases are now being filed and the relatively new legislation is being invoked.
However, the only problem I have with this law is it requires that the offended party should be a subordinate to the offender when in most cases, sexual harassment takes place when both parties are of equal rank. Be that as it may, it's better than nothing.

Tuesday, February 19, 2002

NEWS
Philippine solons sign resolution to allow Estrada's trip abroad

Former Pres. Estrada's cohorts are at it again. Legislators allied with him passed around a resolution asking the Sandiganbayan, the anti-graft court hearing Estrada's plunder cases, to allow him to have his knee surgery in the US. The resolution, signed by 130 House members, was set to be filed Monday night by its principal author, Maguindanao Rep. Didagen Dilangalen. Nineteen senators signed a counterpart resolution in the Senate. The Inquirer's full text is here.

These solons, if they know their basic constitutional law, cannot pass this resolution without violating the separation of powers between the legislature and the judiciary. I am sure that the Sandiganbayan will turn down the preposterous resolution, but the mere fact that there is such a resolution shows how despicable these politicians are. These politicians are the same sycophants who led Estrada to believe that he could be President and gave him the political machinery for mounting a political campaign. When they handily won the presidency in 1998, they divided the political spoils among themselves as Estrada busied himself with his women and graft money. Now, they want to give him a reprieve from his hospital jail house and send him partying in the US on the pre-text of a new surgery. Despicable....utterly despicable!

Saturday, February 16, 2002

NEWS
Did US Law Firm pay plaintiffs to file class action suits?

Milberg Weiss Bershad Hynes & Lerach, the top law firm in the US, specializing in shareholder suits, is under a federal grand jury investigation for having allegedly employed improper tactics to recruit plaintiffs, including paying kickbacks to lawyers and brokers for referrals. The full text is here.

Milberg has made its reputation by filing suit on behalf of investors against thousands of corporations, accounting firms and investment bankers, alleging shareholder fraud in connection with precipitous drops in stock prices. The firm is seeking to become the lead plaintiffs' counsel in litigation over the collapse of Enron. It has also filed an enormous number of suits against Wall Street firms over allegations of improper IPO allocations and "laddering" stock prices to give them a false appearance of increasing value. In the world of corporate finance, especially among company management, Milberg is viewed as an opportunistic firm that has made a cottage industry of filing "cookie cutter" lawsuits whenever stocks drop by a certain percentage and growing fat on the settlement fees.

In the Philippines, no class action on the basis of securities fraud has ever been filed. Thus, I've often viewed the Philippine securities business as the arena for snakes with no hope for redemption. Sometime in 1997, a group of international banks gathered to file the first major class action suit against SGV & Company (the Philippine affiliate of Andersen Consulting -- think Enron). SGV is the external auditor of many publicly-listed companies. The basis for the proposed class action was the window dressing that the auditing firm made on the financial statements of Victorias Milling Corp. (a publicliy-listed company). The banks relied upon the financial statements to lend money on the cash strapped sugar miller and it turned out that the corporation did not have enough assets to cover its liabilities and the financial statements did not reflect the discrepancy. There was no sugar to support the quedans -- as it were. Eventually, Victorias declared bankruptcy. The banks tried to look for a major law firm to get the case started, but the major law firms declined engagement because of business affiliations with SGV. When they finally got the law firm to represent them, they got too tired and decided to just forget it -- aware of the backlash that they might face if they filed the case against the giant auditing firm. That is why I will never trust my money on Philippine securities. If nobody can take on an auditing firm such as SGV for a malfeasance such as false financial statements, there is no hope for the Philippine securities market.

Which brings us back to the above story -- it is quite sad that the law firm has been implicated in the scandal. But for the Philippines, I wish they establish a local counterpart here just to teach the snakes in the Philippine securities market a lesson.

Saturday, February 09, 2002

NEWS

Linking Patent Goes to Court

BT Group Plc, a US company, claims that it has a patent covering hypertext links -- i.e., the wonder of the internet that allows anyone to click on a link and go to another webpage like this. A U.S. federal court will hear preliminary arguments next week to determine if this most elemental of Internet activities is the business property of a lone company, protected in the form of a patent.

This one is for overlawyered.com. It is undisputed that this company obtained a 1989 patent on web linking. The web community, however, has pointed to earlier versions of hypertext linking prior to BT Group's obtaining a patent, the earliest of which is 1968 demonstration from Stanford University.Where do you think it's gonna go? If it goes in favor of BT Group, then it is going to be very expensive for each member of the internet community. I pray it doesn't go that way.
NEWS
RP now Asia’s darling of fund managers

The Manila Bulletin reported the above story here.

That explains the call we got recently from a headhunter looking for an in-house counsel for "major Wall Street bond trader." I told him sorry. I have decided I hate corporate law years ago. Yet, it is quite interesting that the perception of the Philippine securities market has changed remarkably since the BW Scam. Personally, however, I have never trusted this business on securities. Retained earnings, book value, market value -- these are layers of concepts that govern the securities business that are very much susceptible to "creative accounting". A lot of people have fallen for it and had disastrous results. I am contented in eking out a living with measly appearance fees and helping justice become a reality one case at a time. (yeah right.)

Friday, February 08, 2002

NEWS
NY Attorney Sues Anti-Virus Software Maker over Restrictive Licensing Agreement

The New York state attorney general on Thursday filed a suit against computer security software provider Network Associates on the ground that the company has attempted to censor criticism of its products The issue pertains to the wording in the company's software license agreement which requires Network Associates' consent before publishing reviews of its products or disclosing with third parties results of "benchmark tests" that compare the effectiveness of Network Associates products and competing software. Full ZDNET text here.

This is going to be an interesting case. Network Associates will likely argue that the clause cannot be said to curtail freedom of speech because the user is always free not to get the software in order not to be bound by the prohibition. Yet, civil libertarians will argue that the product involves public interest and the public has the right to know and discuss their views on the consumer product. It can go on and on. Ultimately, however, the court will have to assess its values: Which one is more important the right to freely enter into contracts or the right to free speech? Knowing Americans, it is very likely to go the way of free speech.

Wednesday, February 06, 2002

NEWS

US Lawmaker charged with Racketeering Told to Behave in Courtroom

In Cleveland, a lawmaker charged with racketeering was warned by the judge to behave in court. Apparently, the lawmaker, who is not a lawyer but is lawyering for himself (what a cheapskate), is indulging in extended speeches in and outside of court to proclaim his innocence. In the process, he is saying the judge is bias and the justice department is being vindictive. Full text here.

This guy will surely go to jail. Nobody should lawyer for himself -- not even a lawyer and more so a non-lawyer. This US lawmaker is toast.


NEWS

Rules of game change: From Europe to Pak, suspects guilty without trial

An article from The Indian Express notes "The new willingness to expel Islamic terror suspects with little attention to legal proceedings, is not limited to the European Union." It claims that in Pakistan, Azerbaijan and Bosnia, a growing number of suspects have been whisked abroad in recent months without due process. Full text here. Whoa. I'm in trouble. I look like Osama Bin Laden without the beard.

Tuesday, February 05, 2002

WEIRD NEWS

German Satanists to be Sentenced



A German couple who say they killed their friend on the orders of the devil are due to be sentenced on Thursday, concluding a case which has rocked the country. Full text here



Okay, how does the law treat these wierdos? Of course, the defense that Satan ordered them to kill their friend is not likely to stand in any court. But can we say that believing in Satan is a sign of insanity? It does not really follow, does it?I don't know. Let's see how the German court will decide this.
NEWS

Cyber Courts Go Online in the UK

Click here. OK. So I am a defendant in an online case. What if I just turn off my computer and say to hell with you online judges?
NEWS

Banker testifies on money trail of Jose Velarde Account

A BANK officer testified Monday how 189.7 million pesos in alleged commissions to jailed ex-president Joseph Estrada was moved from the private accounts of businessman Jaime Dichaves to the "Jose Velarde" account allegedly owned by Estrada. Full Inquirer text here. The commission was for the sale of a publicly listed gaming corporation that was purchased from its owners with the use of pensions funds from the Philippine Social Security System (SSS). The trouble with Estrada was he lacked proper legal advice on how to make those transfers clean --unlike former Pres. Marcos who employed brilliant lawyers in hiding kickbacks that 16 years after he was ousted from power and still not a single penny of the loot has been recovered by the government. So, I don't know if I am mad at Estrada for being so corrupt or for being sloppy at being corrupt or for both. In any case, he really is stupid.
NEWS
Fingers point to lawyers on Enron Scam



According to the Washington Post, "Attorneys from Vinson & Elkins, one of Houston's largest and most prestigious law firms, played a critical role in helping Enron Corp. structure a series of complex partnership deals that helped drive the company into bankruptcy" as attested to by former senior Enron executives and shown by documents.

The report said, the lawyers worked side-by-side with Enron officials and Arthur Andersen accountants to create several off-balance-sheet investment partnerships that are now at the center of government investigations into possible shareholder fraud. The deals helped Enron conceal hundreds of millions of dollars in debt and gave investors a false picture of the company's financial stability.Full text here.

Okay, I knew it. This is another one of those little proofs to that maxim that behind every major scam in the world is a blood-sucking lawyer.

Monday, February 04, 2002

My firm
NEWS

US jury awards $3.5m to woman who suffered burns from a Starbucks coffee machine



The full BBC text is here. This is probably one major difference that Philippine courts have with the American courts. Philippine courts do not award enough damages to make one rich. If this woman suffered the accident in a Starbucks branch in Manila, she would have gotten not more than PHP 50,000 (US$1,000++) even if she died. Philippine courts believe that damages are not meant to fully compensate a victim of tort but are just awarded for amusements and diversions.(Oh yeah? How's US$1,000 suppose to amuse you when you're dead? Come to think of it, even a million dollars would not be amusing) No wonder most commercial establishments in Manila are not very conscious about the safety of their customers.

COMMENT

Send lawyers to war front for reality check -- The Inquirer screams


The above reaction is addressed to Philippine lawyers who questioned the constitutionality of the Joint US-Filipino Military Exercises being conducted in Southern Philippines. I'm sure those lawyers will be good for target shooting -- with apples on their heads.

Sunday, February 03, 2002

WEIRD NEWS
Arizona couple arrested for not putting down Christmas lights

Angelika Flores and her husband, Tony, last year violated a code requiring Christmas decorations to be removed 19 days after the holiday. They were still on the home in April. Thus, one day police came to arrest them. The Vice Mayor of the town called Peoria said the code is on the books to maintain the integrity of neighborhoods. The full text here.

My mouth is still agape. I can't believe there is such a law somewhere.