Wednesday, January 16, 2019

China Responds to #MeToo; Employers Stay Alert

China has begun work on the first draft of its Civil Code, a legislative measure aimed at reconciling and organizing the country’s extensive civil laws. The Chinese Civil Code (“Code”) is expected to be fully drafted and adopted in 2020.
Although the Code has been under development for some time, it now finds itself in the #MeToo era. China has felt the shockwaves of the movement as prominent intellectuals, activists, and officials have now been accused of sexual assault or harassment. The drafters of the Code have taken note of this increased momentum the movement has experienced. The most recent draft of the Code published on September 5, 2018, would impose increased obligations on Chinese employers and provide more protections to employees against sexual harassment.

‘Knowing’ is Not Enough: Redactions and the Mueller/Manafort Investigation

If you’re a legal tech nerd like me, you’ve probably heard about the the tech fail by Paul Manafort’s lawyers in the investigation by special counsel Robert Mueller. The takeaway for legal tech? There’s a big difference between knowing one’s duty and knowing how to carry it out. As it relates to the duty of technological competence, we have the ability to evaluate not just whether someone knows their duty but how to carry it out. Why aren’t we using it?

Brexit: EU ready to delay withdrawal until next year

European Union officials are examining plans to delay Brexit until 2020 after Germany and France indicated their willingness to extend withdrawal negotiations because of Britain’s political turmoil.

Diplomats and officials are preparing a longer than envisaged extension of the EU’s Article 50 exit procedure because the extent of Theresa May’s defeat in the House of Commons last night.

Российский плен для украинских моряков

Tuesday, January 15, 2019

Илья Новиков: Из зала суда над украинскими моряками

Илья Новиков

Фото "Громадське"

- Мокряк, встаньте. Назовите суду ваше полное имя
- Мокряк Роман Николаевич
- Дату рождения
- 25 июля 1986
- Место рождения… Почему вы молчите? Назовите место вашего рождения
- 17 статья Женевской конвенции предусматривает, что военнопленный вправе не сообщать о себе ничего, кроме имени, звания, даты рождения и личного номера
- По какому адресу зарегистрированы?
- Я не буду вам отвечать
- Образование?
- Не буду отвечать
- Хорошо, понятно, что не будете. Семидоцкий, встаньте. Назовите суду свое полное имя…

Criminal gang recruiting women into sham marriages dismantled

Joint Eurojust/Europol press release
15 January 2019
An organised criminal group recruiting dozens of women into sham marriages was dismantled by Belgian authorities and the Portuguese Immigration and Borders Service (SEF), with the active support of Eurojust and Europol. Seventeen suspects were arrested today in Belgium and three suspects were arrested in Portugal in an international coordinated action.
The criminal group was involved in the facilitation of illegal immigration by organising sham marriages, predominately between Portuguese and Pakistani nationals. Portuguese women were recruited to marry Pakistani men they had never met. In return, the women received a cash payment of thousands of euro. The couples then travelled to Belgium, where the wives were soon employed by (allegedly bogus) Belgian companies. By purchasing shares in the companies, the husbands were permitted to stay in the European Union, obtain resident permits and then illegally profit from social and other benefits. The shares were later transferred between the wives, allowing new recruits to become partners of the companies. The women usually travelled back to Portugal, and would occasionally return to Belgium for police and immigration checks.

New Year Sanctions Roundup: Where Do We Stand?

Happy new year everyone. The government is shut down, but there has already been a flurry of activity in 2019 on the economic sanctions and embargoes front. Here is a summary of where we stand on various sanctions regimes.
Russia. On January 10, 2019, the Trump administration defended its decision to ease U.S. sanctions against companies connected to the Russian oligarch Oleg Deripaska. 

Huawei Arrest Puts Poland on a Diplomatic Tightrope

Officials describe effort to calibrate response and minimize tensions with China

By Bojan Pancevski
Jan. 15, 2019 6:00 a.m. ET

WARSAW—In the aftermath of Poland’s bombshell arrest of an employee of Huawei Technologies Co. for espionage, the country is trying to dial down tensions with China stemming from the case.

Government, law enforcement and security officials here had clammed up about the high-profile arrest and charges and have imposed a media blackout on information about the probe. Current and former officials said that Poland, despite being a staunch U.S. ally, was eager to not overly antagonize China, a key economic partner.

Book review: “Ruth Bader Ginsburg”: The evolution of a justice

One might think that the market for treatments of the life and legacy of Justice Ruth Bader Ginsburg would be saturated by now. The past three years alone have seen the release of a carefully curated collection of the justice’s writings, “My Own Words,” a surprise hit documentary about her life and career, “RBG,” and a recent feature film, “On the Basis of Sex,” which focuses on the first sex-discrimination case Ginsburg argued in federal court. Now comes “Ruth Bader Ginsburg: A Life,” by Jane Sherron De Hart, a retired professor of history at the University of California, Santa Barbara. This book began as a research project examining Ginsburg’s early career as a women’s-rights litigator at the American Civil Liberties Union, and it expanded into a full-length biography (540 pages of text and 110 pages of footnotes).

Monday, January 14, 2019

The Effects of Holistic Defense on Criminal Justice Outcomes

 by  & 


Bartholomew, by God’s mercy Archbishop of Constantinople-New Rome and Ecumenical Patriarch:
“You have come to Mount Zion . . . and to the Church of the first-born” (Heb. 12.22–23), as the blessed Paul, apostle to the nations, declares to all the faithful, appropriately likening the Church to a mountain to affirm conviction and recognition as well as steadfastness and stability. For although the Church of God both is and is called one flock and one body of Christ—everywhere sharing the confession of Orthodox faith, the communion through the sacraments in the Holy Spirit, and the constancy of apostolic succession and canonical order—already from the earliest apostolic times it also consists of local and native Churches internally self-administered by their own shepherds, teachers and servants of the Gospel of Christ, namely, their regional Bishops, not only for the historical and secular significance of these cities and lands, but also for the particular pastoral needs of these places.

РАДЗИХОВСКИЙ: Путин - ничтожный... Курилы, Беларусь (Белоруссия), религия и другие темы


Sunday, January 13, 2019

Former Nissan chief Carlos Ghosn suffering 'draconian' treatment in jail, wife says

 in Tokyo and agencies
The wife of the former Nissan chairman Carlos Ghosn has urged human rights campaigners to highlight Japanese prosecutors’ “draconian” treatment of her husband during his prolonged detention on charges of financial misconduct.
In a nine-page letter to the Japan office of Human Rights Watch, Carole Ghosn alleged that prosecutors have subjected her husband to hours of daily interrogation in order to extract a confession.
The letter also claims that Ghosn, who was briefly taken ill with a fever last week, is being held in an unheated cell that is lit even at night and is being denied his daily medication.

Skoropadsky and the federalist myth

Yurii Tereshchenko

Where did one of the most negative myths about Hetman Skoropadsky come from?

In his “Missive to the entire Ukrainian nation” of April 29, 1918, Pavlo Skoropadsky started by saying that “the previous Ukrainian leadership,” meaning the Central Rada, “had failed to build the state of Ukraine because it was quite incapable of doing so. Rioting and anarchy continue in Ukraine, economic collapse and unemployment increase with every day, and this once richest Ukraine is now faced with the terrible specter of famine. The current situation, which threatens Ukraine with a new catastrophe, has deeply shaken the working masses who had stood up and demanded in no uncertain terms that a proper government be immediately established that was capable of ensuring its people peace, law and the opportunity to engage in fruitful work. As Ukraine’s faithful son, I have decided to respond to this challenge and to temporarily take on all the powers. With this missive I declare myself Hetman of All Ukraine.”

Data Was Supposed to Fix the U.S. Education System. Here’s Why It Hasn’t.

Simon Rodberg

For too long, the American education system failed too many kids, including far too many poor kids and kids of color, without enough public notice or accountability. To combat this, leaders of all political persuasions championed the use of testing to measure progress and drive better results. Measurement has become so common that in school districts from coast to coast you can now find calendars marked “Data Days,” when teachers are expected to spend time not on teaching, but on analyzing data like end-of-year and mid-year exams, interim assessments, science and social studies and teacher-created and computer-adaptive tests, surveys, attendance and behavior notes. It’s been this way for more than 30 years, and it’s time to try a different approach.

As the Shutdown Drags On, the Trump-Russia Story Is Back at Center Stage


On Friday afternoon, I wrote a column in which I argued that Donald Trump wouldn’t be able to sustain for much longer his great diversion—the political fight over his demand for $5.7 billion in funding for a southern-border wall, or, in its latest incarnation, a slatted steel barrier. With hundreds of thousands of workers about to miss a paycheck, the blowback from the partial government shutdown was becoming too intense for Republicans to remain united behind the President, I suggested, and almost certainly he would soon be forced to re-open the government, either by caving on his funding demand or by declaring a state of emergency at the border. But I also pointed out that, from Trump’s narrow perspective, the shutdown had been successful. For three whole weeks, it had dominated the news, pushing aside stories about the President’s other troubles, such as the Robert Mueller investigation, the testimony of Michael Cohen, and the difficulty he was having finding people to accept senior jobs in his Administration.


Malanka is a Ukrainian, Belarusian, and Russian folk holiday celebrated on 13 January, which is New Year's Eve in accordance with the Julian calendar (see Old New Year).

The Ukrainian New Year obtained the name Malanka from a Christianized folk tale of pagan origin, as collected and published by a Ukrainian ethnologist. The story is based on the creator god Praboh, and his four sons and one daughter. One of his sons was the Devil, the second son was St. George (Yar-Yarylo), the third St. John (Rai), and the fourth was Lad or Myr (Peace). 

Malaysia’s Rare Earth Debate

Malaysia may forgo an opportunity to enter the lucrative market in favor of environmental protection.

The customs war between China and the United States has affected countless facets of the world economy, but the consequences for the trade in rare earth elements, little-known minerals critical to the functionality of cellphones, electric cars, and televisions, may reverberate the farthest.
Malaysia, whose concerns over falling into China’s sphere of influence have only grown with the ascent of Malaysian Prime Minister Mahathir Mohamad, once seemed well positioned to seize a small but lucrative piece of this market for itself. In recent months, though, Mahathir has signaled his willingness to listen to environmental organizations opposed to refining rare earths on Malaysian soil. How Mahathir proceeds will set the tone for the environmental movement in Malaysia for years to come.

Saturday, January 12, 2019

Використання найманої праці з порушеннями трудового законодавства з 1 січня 2019 року: види порушень і розміри відповідальності

Трудові відносини роботодавця із працівником розпочинаються із укладання трудового договору, який оформляється наказом чи розпорядженням власника або уповноваженого ним органу, та повідомлення центрального органу виконавчої влади з питань забезпечення формування та реалізації державної політики з адміністрування єдиного внеску на загальнообов’язкове державне соціальне страхування про прийняття працівника на роботу.
Повідомлення про прийняття працівника на роботу подається власником підприємства, установи, організації або уповноваженим ним органом (особою) чи фізичною особою до територіальних органів Державної фіскальної служби за місцем обліку їх як платника єдиного внеску на загальнообов’язкове державне соціальне страхування за формою згідно з додатком до початку роботи працівника за укладеним трудовим договором одним із таких способів:

Миф о Александре Невском