NALP Exchange

Discussion of the Law

Month: October 2012

Law, Property and Thailand

When you are young you often assume that the law is applied equally and without prejudice. It is only as experience catches up that you begin to understand that the law is only a set of codes that of themselves sound impressive but are useless and meaningless if they are not enforced.

Corruption is illegal in any country. So is bribing a public official, or not paying your taxes. However, if the police don’t uphold the law then it might as well not be on the books. If they simply don’t spot the infractions or willfully look the other way the law means nothing.

Indeed it is is often the case that the law is deliberately only selectively applied. It has political advantages. As for example in Thailand. Thai law states that foreigners cannot own land. Yet Tesco have several shops in Thailand. Many foreigners own land in Thailand. It is done by using ways to circumvent the law devised by lawyers.

The ambiguous situation benefits lawyers. At the same time the politicians can please both foreign investors while appealing to nationalist sentiments that Thailand is for the Thais.

As we represent lawyers we don’t advocate such a situation: it is fluid and unpredictable. If you want to stay in a luxury villa in Koh Phangan or elsewhere in Thailand don’t be persuaded by developers or local lawyers that the best way to fulfill your dreams is to buy a piece of land or a villa. Such risks are for the wealthy who can afford to never realize their assets. Better to simply pay for a few nights in a luxury villa such as Sunrise Villa (www.sunrisevilla.info). Let other people take these risks. Don’t support lawyers who are colluding in obfuscating the law. They are giving a noble profession a bad name.

The law should be fair and equally applied.

Legislative Approach to Battling the Obesity Epidemic

Recently across the United States there has been a wave of legislative propositions to battle the American obesity epidemic.  These measures range from regulating the size of sugary drinks to mandating full nutritional disclosure at fast food restaurants.  The laws largely use the BMI formula to cite the growing American wasteline. Some opponents of the law challenge the logic behind using the body mass index to measure obesity.

Body Mass Index or more popularly known by its abbreviation BMI, is a calculated number based on a person’s weight and his or her height which provides as an indicator regarding the fatness of one’s body which is useful in determining an individuals’ risk level when it come to certain health problems. One thing to remember when it comes to Body Mass Index is that it is a not an indicator when it comes to overall fat percentage.  BMI has been recognized and used by the World Health Organization as a method in recording the statistics for obesity statistics. Calculating for BMI is relatively easy as well and does not require any complicated or expensive equipment.

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The formula for BMI is defined as mass in terms of Kilograms divided by the square in meters of an individual’s height. Another easy method to indentify one’s BMI number is through the use of BMI charts with standardized weight levels over height. The normal BMI level that can be regarded as healthy or normal according to the World Health Organization is between the numbers 18.5 to 25. Having a BMI below 19 is indicative that an individual is underweight while a BMI number of above 25 is indicative that an individual might be overweight. Above 30 or 35 in some charts are indicative that an individual is obese or morbidly obese. An individual who is either under or over the “healthy” BMI level is said to have an increased risk in certain diseases and conditions particularly lifestyle diseases like cardiovascular disorders and Diabetes Mellitus.

Even though the World Health Organization have given BMI values, there are many variations when it comes to BMI. In countries like Japan, Singapore and the United States, the BMI values vary to a degree. In 1998, the United States revised their BMI calculations and geared it in line with the standard WHO has set. The healthy cut-off limit was set to a BMI of 27.8 and was revised to BMI 25. This considerably led to millions of people falling into the category of underweight when the new standard was implemented. In Japan, the normal cut-off is set at 22.9 as opposed to the 25 set by the World Health Organization.

There are many major limitations when it comes to using BMI For one, the calculations require the overall weight and height of an individual to determine his or her risk level when it comes to certain diseases and if he or she is under the normal level. It does not however pinpoint or provide information when it comes to the distribution of lean mass and fatty tissues. Furthermore among athletes, BMI also proves inaccurate as muscle mass tends to put them above the normal level even though their fat percentage is low. BMI also does not account for an individual’s frame size. Aside from that, different races with their relative average height and body frame also tend to require different cut-off levels.

BMI values for the elderly as well as for children also follow a different formula. Factors like bone density, muscle mass, height and even body frame can all affect one’s standing in the BMI scale. Even though Body Mass Index calculations have limitations it can provide the general population an idea regarding the likelihood or risk level they have with certain health problems and when it is time to mind one’s health.

 

Laws and Wine Shipping

I’m a member of what the wine media (think of the major wine critics such as Robert Parker and wine magazine’s such as Wine Spectator) consider to be among the top wine clubs around in the United States.

My frustration started to bubble over when I realized that they can’t ship to my family in Pennsylvania.

The reaction of the federal government and some specific states in the years after Prohibition makes sense, controlling alcohol was seen as a legit way to control organized crime.  Is that really the same any more?

Why do states continue to allow gun shipments without permits and without adult signatures while controlling alcohol like it is still 1925?

FDA Close Internet Pharmacies

It’s called Operation Pangea V and it’s aim is to help protect individuals from one of the scourges of the internt – unlicensed internet pharmacies.  Over 4000 of the internet based phramacies have been closed down this week alone and more than 18000 during the course of the the Operation.

The announcement coincided with the 5th International Week of Action – which has aimed to close down the sale and distribution of fake and couterfeit phramacy products.   This has involved over a hundred countries working together to identify both the illegal producers and their distributors.

It might be surprising to some of us that anyone would buy such drugs online, however many are duped into buying by slick web sites, believeable documentation and of course cheaper prices.  There’s no doubt though that taking any drugs bought via the internet without the assistance of a qualified medical practitioner is very dangerous indeed.

Some of the drugs identified during this Operation are not even cleared for use in the US and most other countries.  Even for drugs like Viagra you have know way of knowing if the medicine is even genuine, often counterfeit substances are susbstituted.

The FDA have demonstrated that it is possible to take action against web sites wherever they are hosted.  The remarkable success of this operation will hopefully deter similar sites being created.  One of the biggest partners in Operation Pangea was INTERPOL, the international police agency who enable criminals to be pursued across country borders.

There are a host of resources you can use to see if a pharmacy is unlicensed, one of the best is on the FDA site – here.  This is primarily a US based resource if you have any trouble accessing these due to geotargeting restrictions you can try this USA proxy service to get access by changing your IP address to an American one – here’s the link.  At the time of writing this was not necessary though.

Necessary IT training for Lawyers

In 21st century law and society has changed as everything tends to become more digital. Today lawyers are required to have not only an expertise and immaculate knowledge of Law and Acts, but also good computer knowledge and specific software knowledge. It might be very hard to organize all the paperwork, case pictures etc.

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Everything tends to come more technical, for example, nowadays every case needs to be documented electronically as well as typed in black and white. Such programs as Adobe Acrobat reader would be beneficial to a cutting-edge Lawyer. To be one step ahead of others a professional lawyer should have a knowledge in various software systems e.g. training in Microsoft office suite, Adobe Design or Web suite etc. Lawyers are required to have essential training in IT to be competitive at market and increase their potential during court procedures as well as for their research.

Many companies offer IT training nowadays, but only some offer you a full tailored package as specific as you are. Elite Training and Consultancy company is one of the leading firms on today’s marked. With and edge-cutting experts and their in-depth knowledge combined with years of experience – Elite IT consultants are one of the top in their field. Lawyers would find it very beneficial to train on end user courses in Adobe programs whether it is Adobe Design package with Photoshop or Adobe Web suite with Flash and Dreamweaver training.

Adobe Design suite includes training in: Photoshop, Illustrator, InDesign, Acrobat and Photoshop Elements.
Adobe Web suite training  includes Adobe Coldfusion MX, Dreamweaver, Flash CS3 and CS5, Adobe Flex and Adobe Fireworks.
There are various courses available for one-to-one training as well as group sessions and practice in using things like this online video editor free – all tailored for your specific needs. More information about Elite Training and Consultancy in Adobe available here:

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