July 19th, 2009 at 07:07pm
Under Personal Injury Law
A car accident can happen to the best of us. No matter how safe you drive, the Birmingham roads are dangerous places. Several major interstates merge in Birmingham, bringing with them thousands of vehicles including large, commercial trucks that could crush even the sturdiest SUV on the highway.
If you are injured in a car accident that was caused by someone else’s negligence, you are likely entitled to compensation for your injuries from the at-fault driver’s insurance company. You will probably find it very challenging to get the right value for your injuries, particularly if you do not have a lawyer.
If your lawyer is able to settle with the insurance company without filing a lawsuit, you will be very happy to have avoided ligitating your injury case. We wish it was that easy all the time. If the insurance company, however, won’t offer you a fair settlement, your lawyer will need to file a lawsuit in order to fight for just compensation.
When your lawyer files a lawsuit, the litigation has begun. A lawyer for the at-fault driver, often paid for by the insurance company, will enter an appearance in the case. The court will issue a cause number for your case and suddenly you have become the plaintiff in a lawsuit.
The process of filing a lawsuit and pursuing your claim against the defendant and his or her lawyer is known as litigation. You have now opted to use the local or state court system, a public entity, to pursue your claim against the at-fault driver. It is important that you understand that this is a major step and not one to be taken lightly. You need an experienced Birmingham lawyer on your side to make sure that the litigation goes smoothly.
An experienced
Birmingham personal injury lawyer is here to make sure that your car accident claims are handled fairly and that you get the compensation that you deserve.
By Law Article
July 19th, 2009 at 11:38am
Under Administrative Law
In Thailand, Bankruptcy Laws form part of the Commercial Law. Thai bankruptcy law is devised in such a way not only to help debtors to distribute their property but also to help them in rehabilitating via several reorganization provisions.
In other words, the Bankruptcy Law includes the Bankruptcy Act for Business Rehabilitation. The Business Rehabilitation Law was introduced in 1999 as Chapter 90 of the Thai Bankruptcy Law BE 2483. The main purpose of the Business Rehabilitation law is to assist a debtor facing liquidity problem by giving him an opportunity for rehabilitation before being insolvent.
The procedures in connection with rehabilitation are usually commenced by an eligible petitioner by filing a petition with a provincial or a civil court as per the domicile of the debtor. However, petition for business rehabilitation could be filed only if the debtor’s overall debt comes to an amount that exceed Baht ten million. Likewise, In order to file a petition for business rehabilitation, certain legal and perquisites must be complied with such as:
- The names and addresses of creditors must be specified to whom the debtor owes in total at least an amount of Baht ten million
- Specify reasonable methods in order to rehabilitate business functions
- Proposed planner’s name as well as qualification
- Planner’s consent
- In case the petitioner is debtor, then details regarding assets and liabilities must be given
- Consent of authorities which is applicable as mentioned below :
1.In case the debtor is commercial bank or finance company, then the consent of the Bank of Thailand
2.In case the debtor is a securities company, then the consent of the Office of the Securities and Exchange Commission
3.In case the debtor is a file insurance company or a casualty insurance company, then the consent must be of the Insurance Department
On filing the petition as per the above grounds, the liquidator will start the case once when he confirms and proves that the debtor’s assets could not pay off liabilities. The court’s concern with regard to the business rehabilitation is mostly on the basis of debtor’s balance sheet as well as accounting documents and liquidator’s power of arguments. Discussed further in detail in this article are procedures with regard to business rehabilitation.
According to the Article 90 of the Bankruptcy Act, once the petition for business rehabilitation is accepted, a planner is appointed, who in turn possesses duties and powers to manage the debtor’s business as well as assets. In case, a planner is appointed, then the debtor executive’s power in administering the business and assets would cease. In such a situation, until the appointment of a planner, the court will employ one or more persons or sometimes the debtor’s executive for a temporary period to deal with the debtor’s business and assets under the administration of the receiver.
During this interim period, the receiver has complete right to administer interim executives and to order them to prepare explanation regarding the account details as well as anything pertaining to the management of business and assets. The interim executives would be relieved from the powers of receiver by the court when the receiver makes a motion.
In such situations, the court would employ new provisional executive to presume the office. In case the court does not appoint interim executive, then according to the Section 90/20 of the Bankruptcy Act, the receiver would be given power for a temporary period to manage debtor’s business and assets. Likewise, according to the Section 90/21 of the Bankruptcy Act, until a planner is appointed, all of the rights of the debtor’s shareholders would be suspended except for in the case of right to obtain dividends.
Once the acknowledgement order for business rehabilitation has been received, the debtor’s executive should handover everything from assets and seals to book keeping ledgers and documents pertaining to business, assets, and liabilities of the debtor to the provisional executive or the receiver.
Nowadays, a number of leading law firms is in the scenario to provide excellent services in connection with business rehabilitation and bankruptcy. Many of them undertake a plethora of such services in connection with business reorganization as analysis as well as consultation with creditor or debtor, filing petition for business rehabilitation, plan administration, and planner representation.
By Law Article
July 19th, 2009 at 07:06am
Under Labor Law
The Labor Protection Act of 1998 (LPA) and the Civil Commercial Code (CCC) are primarily responsible for administering labor protection laws in Thailand. In other words, the rights and duties pertaining to the employer and employee are governed by series of a laws and procedures.
Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Commercial Code, the laws in connection with Thai labor issues cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Security Act BE (AD 1900), and Workmen’s Compensation Act BE 2537 (AD 1994.)
The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as well as rights with regard to labor issues. Further, the Minister of Labor and Social Welfare also possess right to appoint labor inspectors as well as to issue regulations and notifications.
The Labor Protection Act and other related laws have set up employees’ minimum rights working in the country. This in turn includes rights covering almost every aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund issues, workers’ compensation, employee social security, and severance. Discussed further in this article are rights pertaining to certain aspects of employment in Thailand.
Working Hours
An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and affects employee’s health. In addition, an employee working continuously for five hours a day should be given a resting time of at least one hour. Likewise, an employee must also be given at least one day holiday in a week.
Remuneration
A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and employees, in order to fix the wages and to determine basic pay.
Place of Payment of Remuneration
As per the Labor Protection Act, an employer is required to make payment of remuneration at the working place itself. However, it can be changed provided if employee is ready to accept payment at some other place or via some other payment modes.
Female Employees
According to the labor acts, both male and female employees must be treated equally in a working environment. However, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as well as construction projects, underwater and tunnel works, and production and transportation of inflammable materials and explosives. Similarly, pregnant female employee is prohibited from working in plant or equipment that vibrates and lifting or carrying on her head more than 15 kilograms of weight. Additionally, an employer cannot terminate a female employee when she is pregnant.
Child Labor
According to the labor law, a child labor could be employed only if he has completed 15 years of age. But, in order to child labor below 18 years of age, the employer is required to notify it to the labor inspector regarding the employment of a child labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a child labor below 18 years to work on public holidays and to do overtime. Further, child labor below 18 are not allowed work in certain working environments such as metal stamping, working with hazardous chemicals, and working with poisonous microorganisms.
Sick Leave and Maternity Leave
As per the law, an employer must grant employees at least 30 days paid sick leave. However, an employee must furnish a doctor’s certificate in case, he takes sick leave continuously for three days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer should pay for 45 days of the maternity leave.
Termination
A notice in writing must be given to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as
- Performing his or her duties and responsibilities dishonestly
- Committing any kind of criminal offense
- Negligence from the part of employee that leading to serious damage or loss to the employer
- Disobeying working rules and regulations devised by the employer
- On imprisonment as per the final judgment of imprisonment
A plethora of law firms are now in scenario in order to help you dealing with the Thai labor law. Usually, these law firms provide a range of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, and labor law compliance issues.
By Law Article
July 19th, 2009 at 01:59am
Under Worker Compensation Law
Most people do not feel the need to understand workers compensation laws until they have suffered a serious injury at work. These laws can be quite complex and they vary from state to state. It is important for every worker to be aware of what workers compensation entails so they will be prepared in the event of a serious accident.
Worker’s Compensation, also known as ‘Workman’s Compensation” or ‘Worker’s Comp’, is a set of laws designed to protect injured workers. The purpose is to ensure that if a worker is injured at work, they will receive medical care, lost wages associated with the injury, rehabilitation, and retraining so they can return to work once they have recovered. If a worker is killed while at work, their families will usually receive death benefits. This systems permits injured employees to receive benefits without having to prove that the employer was negligent
While most injured workers usually qualify for benefits, there are situations where an employee may be denied benefits. This type of situation can become very complicated. Workers who are denied benefits usually consult with an attorney. An attorney who specializes in worker’s comp claims are Worker’s Compensation Attorneys. An attorney can advise a worker on how to protect their benefits and will defend them if they are denied benefits, denied extended or permanent disability, or had their benefits terminated early.
Employers tend to know more about worker’s comp law than the workers. Sometimes an employer may attempt to deny benefits. They may also send an injured employee to a doctor who may not have much experience in the area of the injury, or is working more for the employer than the patient. . An attorney will help protect a worker’s rights if an employer attempts an underhanded method of denying benefits or forces an employee back to work too soon after an accident. An attorney will also help a worker who returns to work for a period of time following an injury and suddenly finds himself laid off and no longer eligible to collect benefits.
Using the services of a worker’s compensation attorney will increases the chances of a worker receiving benefits. An attorney understands all aspects of the worker compensation laws and is familiar with the process, the officers and judges who preside over the process, and how the process works. Worker’s compensation proceedings are much different than other law proceedings. The setting and rules are more relaxed. Most personal injury lawyers will work on a contingency fee basis. This means that the attorney does not receive compensation unless the case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it can be difficult securing a personal injury lawyer. You should try to hire a personal injury lawyer that has experience with worker’s compensation claims
A worker who receives worker’s comp benefits usually cannot file a personal injury claim against an employer. A worker can file lawsuit if an employer intentionally causes an injury. The employer must have committed a precise act that intended to cause injury to the employee. For instance, if an employer pushes an employee down a flight of stairs, you can sue. A worker may also sue if an employer is required to provide compensation coverage and fails to do so.
If you find yourself facing obstacles to securing worker compensation benefits, you should consult with an attorney. The laws can be very complex for someone who does not have a legal background. A personal injury lawyer will have the expertise in handling a worker’s compensation claim.
By Law Article
July 19th, 2009 at 01:07am
Under Personal Injury Law
Anyone who suffers a personal injury caused by another individual or a company, government agency or any other entity should realize the importance of securing the services of a personal injury attorney. Attorney representation provides you with the professional assistance that is so necessary when dealing with the intricacies of civil law, and also sends a signal to whoever caused your injury that you are serious about being compensated.
Clearly, auto accidents are of primary importance when discussing the role of personal injury attorneys. Minnesota has its per capita share of auto accidents caused by many factors, which include the scenic nature of some of our highways distracting drivers. If you are in an accident and have reason to believe the other driver is at fault, there are standards for bringing suit in Minnesota.
Of course, if you believe you may be at fault for the accident, you will need quality legal help to assist you in arranging for a settlement.
Bicycle accidents are an increasing phenomenon, as Minnesotans and people across the country have increased bicycle usage for both exercise and transportation purposes. Many accidents are car-on-bike and most of these involve failure of the motor vehicle operator to recognize the presence and rights of the bicycle rider. Again, if you are injured while riding, you need professional assistance,as most such accidents are the motor vehicle operator’s fault.
Similarly, both pedestrians and motorcyclists are familiar with the tendency of so many car and truck drivers to fail to acknowledge their presence on roads. With the advent of wide-spread cell phone usage this phenomenon has become even more prevalent. If you are struck while running or just crossing the street, you must seek a personal injury attorney that know the ins and out of Minnesota law.
Despite increased crack-downs and more harsh punishment for drunk driving, there are still many accidents involving drunk drivers striking other vehicles, bicycles, and pedestrians. Select a Minnesota personal injury firm to get the specialist of choice.
One area of increasing activity in legal processes is product liability cases. With so many foods and various other products being imported from China and other underdeveloped countries that have substandard manufacturing and food handling procedures, it is important to have an attorney who knows how to trace the responsibility back to the people or corporate representatives who should compensate the victims of faulty products.
Among the many other areas of personal injury law is medical malpractice. Medical malpractice is a very complicated situation and needs thorough investigation by a personal injury attorney. Often, medical malpractice results from the simple shortage of doctors, nursing care and other ancillary professional and even custodial personnel in a hospital environment. In an era with so many antibiotics available, some facilities have become lax in their handing of intrusive medical devices, and in simple cleanliness of both the environment and the patients wounds.
For medical malpractice cases, auto injuries, workplace injuries, or any type of wrongful injury or death case, go with the best Minnesota professionals you can find.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 18th, 2009 at 01:06pm
Under Insurance Law
Like most insurance policies, motor vehicle accident (MVA) insurance is something you “have”, but tend not to investigate until you need it. Policies vary in coverage and amounts paid should an accident occur. Although no policy is complete, anyone injured in a MVA is entitled to certain benefits no matter who was at fault.Under the Canadian No-fault law, car accident victims are allowed to sue the other party for damages in addition to the insurance settlement. Insurance companies pay benefits out according to the Statutory Accident Benefits Schedule (SABS), but these payments may not be enough to remedy expenses in a fault MVA. In the rare case that neither party has insurance, the Motor Vehicle Accident Claims Fund takes care of the injured party’s expenses.Expenses covered are: * Loss of Income. If injuries sustained from the accident prevented you from working at your job, the income lost during the recovery period may be reimbursed. Under the Insurance Act, parties are eligible for up to 80% of their net income from accident to trial and up to 100% gross income loss after trial. * Medical Expenses. Any medical costs incurred. This includes rehabilitation. * Attendant Care Expenses. After being injured and then released from the hospital, you may require the help of a nurse or other professional. MVA payments cover this. * Additional Expenses. Expenses relating to the treatment of injuries sustained during an MVA such as travel costs, any prescribed apparatus, and other costs incurred because of the injuries.Consulting with your lawyer after an accident is the best way to figure out what you are entitled too. The means of tabulating damages can be complicated and an experienced Canadian lawyer will have a good idea of what settlement you deserve. They will guide you on what to do if your insurance company wants a statement or the other party’s insurance company wants to talk with you among other issues.It is best to be proactive about your MVA insurance policy. Before an accident occurs, find a lawyer to discuss what is and is not covered and what coverage would be best for you. A little preparation goes a long way and a simple consultation can help ease the mind over one’s safety if an accident ever does occur.
By Law Article
July 18th, 2009 at 08:51am
Under Aviation Law
According to CNN, three members of a U.S. Navy helicopter crew were killed after their helicopter went down in the waters off San Diego California, late Tuesday night, a Navy spokeswoman said. Rescuers are still searching for the two remaining crew members from the helicopter, which was operating from the USS Nimitz. It crashed about 20 miles off the Mexican coast, the Navy said. If you have been injured, or are a family member of a person who died in the tragic Navy helicopter disaster, please call William Muhr, Attorneys & Counselors at Law, LLP immediately at 1-800-934-4529. William Muhr is a former certified military judge who has an extensive military background and 23 years of experience in the area of personal injury law. Our firm also has some of the most experienced aviation attorneys in the country. Our aviation attorneys have handled 17 major aviation disasters and never lost a case. We also have a highly-qualified team of California lawyers in our staff ready to help you. Our collective knowledge and extensive legal experience in this area of law will serve you well.
People needlessly lost their lives and suffered grave injuries. The suffering of the survivors will never be fully resolved. Other people now fear their own safety flying in Navy Helicopters. We have the potential to bring change, if you let us, to save lives in the future. We must respond to this challenge to make responsible parties accountable. We cannot sit idly by and do nothing. We must do our utmost to make helicopter flights safer. Let us help you so that we may help others. Let us begin now.Call 1-800-934-4529 for a free consultation with an experienced attorney. Highly qualified attorneys will immediately handle your case; and you will have 24-hour access to your legal counsel. Visit us on the web at http://www.williammuhr.com
By Law Article
July 18th, 2009 at 02:54am
Under Civil Rights Law
Experts are valuable, necessary contributors to our diverse and specialized society. But they cannot and should not be used to constitute or replace civil society. Indeed, the idea that anyone can claim to be a civil society expert is troubling. Civil society needs to be composed of a broad and diverse array of people throughout our societies. The internet offers us an opportunity to radically expand civil society, to debate all of the ideas and ideologies that shape the world, and to publish our speech around the world. We cannot abandon this field to experts, particularly not the much vaunted experts of civil society.
What is an expert? Experts and expertise are usually recognized through degrees earned, publications, experience and notoriety. There are good reasons for each of these things. But each of them can also be troubling. If degrees and titles make experts, then we need to carefully, critically examine the curriculum, the quality, and the ideological biases of our degree offering institutions. If publications make experts, we need to be aware of the obscurity or audience of journals and the public and private funding sources for research. Experience is very valuable; but there are plenty of rich political donors who have become consular officials without a shred of expertise. Notoriety is the most troublesome of the signs and symbols of expertise. Famous experts are often assumed to be better experts – false. Famous people and celebrities often mistake themselves for experts and think we ought to care what their expert pronouncements are – really false! In addition, experts tend to congregate together and pat each other on the backs by awarding one another fellowships, grants, distinctions and prizes. The Ivy League is the country club of expertise. The longer you hang around, the more your expertise will be burnished, brightened and expanded by all of your expert pals who slap you on the back. Finally, success begets success. People who gain degrees, earn awards, grants and fellowships will earn more of them. If you have not broken into this club by the first year of graduate school, you are unlikely to join it later. Civil Society Experts
A wide array of civil society experts are called in to analyze, explain and advocate prominent policy issues. From the scientist and the statistician, to the economist and the literature professor, to the historian and the constitutional lawyer, to the retired general and the retired ambassador; there is no shortage of experts to tell us how to think and act and vote in this complicated world of ours. Now we even have technocrats – those elite experts who blend modern technological training with state power to produce utopia in developing nations like China and Chile, well, eventually maybe. Then there are the experts who are not experts. Politicians and rich people, reporters and pollsters get tired of having to ask the experts or hire the experts or hunt around for someone with an advanced degree to advocate their position. So they step up to the mike themselves and are transformed into pundits. But in the end, none of these civil society experts provide us with civil society, or solutions to the problems we must work together to solve.
In the last generation we have seen the rise of a new expert – the technocrat. This is the ultimate melding of expertise with power. Now instead of simply elevating the powerful to power, we elevate (powerful) experts to power. Hey, I love meritocracy. But let us not confuse engineering, business or science degrees with the ability to lead nations and states. Scientists, engineers and CEOs are no better or worse than anyone else at voting with principle, debating important issues, or leading communities.
Perhaps most prominent among civil society experts are scientists and statisticians. Statistics is an important tool for making valid conclusions based on small data sets. But statistics is also undoubtedly the most commonly misused tool for lying in politics, the media and civil society. Next, scientists are specialized professionals who master specific tools and methods for investigating specific, narrow questions. They arrive at provisional, evidence-based answers to those questions. They do not claim to discern truth, morality, wisdom or sound public policy. If you hear a scientist claiming any of these latter findings, then you are listening to a person, who happens to hold a PhD, who also holds an opinion that may or may not be informed, effective, wise or true. Scientists and scientific research are also very expensive, and so they are paid by someone or other. The sources of funding do not determine scientific results, but they can reflect policy analysis and advocacy.
Social scientists form a lower tier of civil society experts. These can include – Political scientists: who analyze politics and may try to tell you how to vote. Economists: who analyze the economy and may try to predict the future (with predictable results). Sociologists: who may or may not perform experiments on small groups of people, then tell you what is wrong with your society and what to do about it. Historians: who analyze the past then complain that you do not know about your past and that everything you think you know about the past is wrong. Anthropologists: who used to study remote cultures and now study ritual in any culture and will tell you how your culture is oppressing some other culture. And so forth. In related fields, literary and cultural critics abound in English, foreign language, and comparative literature departments. Scholars of literature and the arts consider themselves the primary experts on culture, mediators of high culture, and interpreters of all discourse, rhetoric and cultural expression. As a historian myself, I love social scientists and scholars of the humanities. They are often passionately devoted to civil society. But that does not make them experts on civil society.
Lawyers, constitutional lawyers, and law school professors form another common array of civil society experts. These people are trained to think critically, to read and write carefully, and to debate with acumen and rhetorical skill. Lawyers are legal experts, and so if you have legal problems, they come highly recommended. But in other circumstances the society of lawyers tends to make communication incomprehensible, extremely expensive, combative, and fraught with hidden landmines (read any small print lately?). The central problem with trusting a lawyer-expert is that you can find a lawyer who will argue any position. They may believe passionately in it, or they may simply believe in the virtue of arguing for their client. In short, lawyers are useful people to pay to support your position; but that does not make them civil society experts.
Finally, former government officials and diplomats are ubiquitous civil society experts. Former domestic or foreign policy advisors-now pundits, former generals and military officers-now private contractors or military advisors, former ambassadors-now think tank fellows, former congressmen-now lobbyists, former spies-now novelists, former bureaucrats-now whistleblowers. These people may or may not have done effective service for their governments in the past. They may indeed have garnered very useful experience. But you may be sure that these particular civil society experts certainly cultivated well placed friends, political favors, and public notoriety. Listen to such experts with care. Experts who aren’t
There are a variety of people who by virtue of their professions or positions voice their opinions and ideas with great authority – as if they should be listen to, believed and followed. Many of these experts are not experts at all.
First, politicians – Politicians are experts of campaigns and fund raising. They may be statesmen or stateswomen; they may be wise or principled; they may be experienced or expert in some field; but they are not necessarily any of these things. Generally, politicians (as politicians) are not experts. Elected government officials deserve respect on two levels. First, they have succeeded at communicating their ideas, marshalling personal and monetary support, and managing a campaign in order to attract democratic votes. This is a real achievement; but it does not make them a civil society expert. Second, successful politicians eventually accrue a great deal of experience in the halls of government. This is a mixed blessing in that these politicians have opportunities to contribute toward functioning governance and to help solve societal problems; but they just as frequently take those opportunities to perform bad governance, to fail to solve societal problems, and occasionally to become part of the problem. Few politicians are experts.
Rich people and celebrities – wealth, power and notoriety do not grant expertise. Celebrities are almost never experts and should not speak any louder than anyone else. Rich people are able to buy and broadcast louder speech, but it does not make them experts. (And then there is the stray expert who somehow gains celebrity. Expert-cum-celebrities sometimes deserve their notoriety. Some of them have gained celebrity through a lifetime of achievement crowned with high awards – Nobel Prizes, medals, honors, etc. These people mark an exception to the celebrity rule, but their celebrity is usually fleeting. How many Nobel Prize winners for the sciences can you name?)
Reporters and pundits – the press has become increasingly openly ideological. As the media has opened its ideological content, journalists, columnists, news analysts and pundits of all kinds have proliferated and expressed their opinions in ever increasing volume. Reporters and pundits are often widely informed by virtue of their interviews and reportage; they are also often very good rhetoriticians. Personally, I believe that open, honest, ideological expression by the press is much better than veiled or even unconscious bias contained in misleading headlines or buried ledes. But being published in print or being broadcast on cable does not make anyone an expert.
Pollsters – the ultimate non-experts. These are people who are paid to ask a representative sample of regular people what they think, then to use statistics and their analytical powers to discern what everyone thinks. Well, polls can be interesting; they might even in some cases be beneficial to policy makers or civil society. But how any of this makes pollsters experts is beyond me. Nevertheless, pollsters have become increasingly common media experts who provide journalists and pundits with a window into the mind of the common woman on the street. Where is the expert here? Wizard of Oz, we see you behind your curtain!
Finally, there is the all too common spectacle of the expert parading in public who establishes their credibility by lambasting their field of expertise – the expert insider critic or expert whistleblower. Have you seen the accredited psychologist who attacks the field of therapy or psychoanalysis right before lathering their audiences with a thick layer of relationship advice? What of the conservative scholar (tenured) who bravely eviscerates academia from within? Or the anti-medicine MD? How about the government civil servant whose civil rights (and political views) were so trampled that he had to give hundreds of media interviews to show how reactionary the government is? We could multiply examples. These experts are remarkable because they attack the root of their expertise, while all the time utilizing the same expertise to convince us we ought to trust and listen to them. Most remarkably, the slickest exploiters of the expert-insider-critic shtick actually manage to make us trust them more than other experts, even as they savage the root of their expertise. Your Civil Society
One of the major critiques of new media on the Internet is that it accumulates much noise and little substance – too much riff raff and too few experts. Wouldn’t it be better to gather quietly at the feet of wise experts, rather than sift through all of the shouting, competing voices in new media echo chambers? Oh, I have heard elderly reporters wax lyrical as they recalled the days when everyone listened to Cronkite and read the New York Times, because back then we knew that was the way it was. This common, elite meme argues that we actually need fewer media broadcasters, fewer experts, fewer points of view, and a lot fewer people speaking. But to the contrary, our civil society needs more people to be more engaged, to speak more openly, to broadcast their voices further, to test and debate more ideas, new ideas.
If Ideology Forum is to succeed in helping strengthen our civil society, together we need to enable a very wide range of people to thoughtfully engage one another about as many ideas and principles and movements and causes as possible. Doubtless, some will criticize saying that regular people – common internet users – lack the expertise to make newsworthy, publishable, original contributions to the big issues and debates that shape our world. In other words, ‘Shut up and listen to the columnists, pundits, politicians, professors, scientists – the experts.’ But civil society must be broad and inclusive; it ought to be active and democratic; the Internet makes that increasingly possible; and Ideology Forum strives to make that civil society real. We need more people to throw off the tyranny of experts and speak.
Ian Wendt is the editor of
www.ideologyforum.com an online journal and forum dedicated to exploring, discussing and debating the ideas that shape our world. Ideology Forum is open to the widest array of ideological and political ideas. Its authorship is completely open to all readers and users. He is also an assistant professor of History at an American university. In his writing, research, teaching, and especially on Ideology Forum, Ian strives to expand free speech, political and ideological debate, civic engagement and activism.
By Law Article
July 18th, 2009 at 02:52am
Under Banking Law
The banking industry in Thailand forms an essential segment of the nation’s financial services industry. In other words, banking sector in Thailand is well-established. The history of Thai banking dates back to 1865, when the Hong Kong and Shanghai Bank appointed its agents in Bangkok. Accordingly, the HSBC established a branch in Bangkok, thereby becoming the first bank to open a branch in the country.
Following the establishment of HSBC branch, many European as well as business banks opened their branches. As a result, foreign banks became the dominant players in the nation’s banking industry. In order to counter the supremacy of foreign banks, Siam Commercial Bank – the first Thai bank – was established in 1906. Later, more Thai banks were opened to trade with Asian countries, as a result of the Second World War, when majority of the foreign banks were forced closed.
After the world war, the Thai government introduced a protective policy in order to promote the growth of Thai banks in the country, which included limiting the operation of foreign banks to one branch office. As a result, foreign banks became less dominant players in the banking sector of Thailand. Since 1960, many innovative economic as well as social development plans have been introduced in the country, which in turn has led to rapid expansion of banking sector in Thailand’s provinces, resulting in banks numbering more than 3000 throughout the country.
Thailand’s modern banking system is made up of a variety of financial institutions including commercial banks, special purposes bank, and Government Savings Bank. Commercial banks are perhaps the most popular among the banks in Thailand. Commercial banks include both local and foreign banking institutions.
Being the biggest financial institutions in the country, Thai commercial banks render an array of services including acceptance of time savings as well as demand deposits, lending money via overdrafts, discounting of bills, and leasing. Their activities also cover fee-based services like custodian services, syndication of loans, feasibility studies, and consultations for mergers as well as acquisitions. Apart from these, in some instances, these banks issue negotiable instruments of deposit, apart from underwriting and issuing of debt instruments.
Commercial banks in Thailand, consisting of branches as well as representative offices of foreign banks, are functioned in accordance with the Thai laws and regulations formulated by the Ministry of Finance (MOF) and the Bank of Thailand (BOI.) Formed in 1875 by the Ministry of Thailand, the Ministry of Finance initially acted as an agency of the government to administer national finance, collect revenues, and disburse royal funds.
In 1933, it got its present name and status as a result of the passing of the Civil Service Reform Act. With eight departments and 16 state enterprises under its control, MOF’s major duties include supervision of matters in connection with operations of Government monopolies, property, and treasury. Additionally, it has power to provide loan guarantees for financial institutions, government agencies, and state enterprises.
Bank of Thailand started its operation in accordance with the formulation of the Bank of Thailand Act, on April 28, 1942. Among its duties are devising of monetary policy and supervision of financial institutions.
Now we will discuss banking regulation with regard to bank licensing. As per the Commercial Bank Act, first of all an application, containing particulars as entailed by the Ministry, must be filed with the Ministry of Finance in order to set up a commercial bank in Thailand. On the approval as well as the obtaining of a license from the Ministry, a commercial bank is opened as a limited public company.
However, a foreign bank has to comply with regulations formulated by the Thai government in order to open a branch in the country, such as the money should be brought from its head office. When comes to investment, Thai government permits foreign banks to hold 100% shareholding for up to a period of 10 years. After a period of 10 years, they are not required to divest their shares. But, in case, if they hold more than 49 percent of shares sold, they are not allowed to acquire additional shares.
In addition, the Commercial Banking Act has put forward certain laws and regulations for the maintenance of capital funds and reserves. As such, the commercial banks are required to maintain certain amount and types of the assets in the country.
Special purposes banks are state-owned financial institution whose activities are administered by the Thai government. However, they deal with only specific clients or projects. Included in the special purpose banks are the Bank for Agriculture and Agricultural Cooperatives, the Government Housing Bank, and the Government Savings Bank. When comes to the Government Savings Bank, it consists of an extensive network of branches throughout the nations.
Banking and financial sectors in Thailand are further categorized into: Asset Management Companies, Credit Froncier Companies, Finance and Securities Companies, and International Banking Facilities (IBF.)
By Law Article
July 18th, 2009 at 02:52am
Under Aviation Law
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