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Saturday, July 23, 2011



We are lucky We are We. We are lucky to come across people like Dr Cope ...

Dr. Seuss has written a sweet poem called Did I ever tell you how lucky you are?

Anytime we start thinking that our job doesn’t pay us enough, our leg’s aren’t long enough, our house isn’t big enough, the town we live in isn’t exciting enough, our boss isn’t forgiving enough, our spouse isn’t rich enough…
You’re lucky you have a job, and legs, and a house. you’re lucky you have people in your life that care about you and want to see you succeed. you’re lucky you have free will; and the ability to mold your life the way you want it to be. you’re lucky you have people to encourage, friends and family to love, and a life to lead.

You’re lucky You’re You.
Acknowledging the things you’d like to address or fix in your life is healthy. changing the things you have the ability to change is even healthier.
but complaining or wishing for things which are completely out of your control,
is just plain silly.
You’re lucky You’re You.

As the friendliest and considerate President in my time in NSW Parliament, Johno Johnson, noted: In 1991 Dr Russell Cope, the Parliamentary Librarian, concluded 40 years of meritorious service Dr Cope is one of those living treasures that few institutions have ... Happy Birthday, Dr Cope

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The Wisdom of Dr Cope, June and my parents is reflected in the story about Robert Redford who turns 75 next month. The all had the wisdom and courage to handle the truth! He still directs, only occasionally performs and remains, as always, protective of his private persona. One of the slogans I remember when I was a kid was, 'It doesn't matter how you win or lose it's how you play the game'," he says. And I realised over time that that was a lie and that in this country everything was about winning. That's when I was able to make my own films and concentrate on the subject of winning and how that affected human beings." In Surratt's instance, the effect was a seemingly unjust death after a trial in which her guilt or innocence was not truly tested. Redford points to Stanton's contravention of the US Constitution as his win, achieving what he thought would save the union at a fragile moment in its formative years.
"The fact that the rule of law was the only thing we had to hold this country in place morally I found an interesting story," Redford says. "This was an example of how the Constitution was rearranged to satisfy political interests at that time." The contemporary parallels are obvious but Redford invokes them anyway, pointing to the "constant threats" to the US Constitution through some "pretty big events in American history that were threats to the moral standing of our country", including McCarthyism, the John F. Kennedy assassination, Watergate and the Iran-Contra affair.
You have these patterns that have repeated themselves over time. And it's usually the same people, the same mentality, the same personalities that threaten that. . I find that interesting because I suspect that if we as Americans had a better value of history we wouldn't be repeating these things but I think we have a short-term memory.

Dodd-Frank - What If the Federal Reserve Can't Pull Any More Tricks From Its Sleeves? The Financial Printer Diaries: Tales of an Era Gone By - Part 1
A few months ago, I blogged a "Farewell to Bowne" and posted a poll about "your favorite financial printer moment." In response to the poll, 69% responded that free food was their favorite (no surprise!); 41% said tedious arguments over commas and periods; 19% said brushing up on proofing; 5% said good facetime with partners and 10% said sleeping in the bathroom.


In addition, I received many emails with specific memories, some of which are repeated below - please keep them coming and I will only blog them if you give me permission:
- My favorite memory is an experience done a hundred times melded into one memory: the clearing of the blue line, just before printing the final prospectus (you know, when nobody is left at the printer other than a couple of lawyers and accountants with sometimes a guest appearance by the junior analyst from the investment bank to make sure their name is spelled correctly on the cover of the 424). Ah, peace.
- My favorite story involves the hubris of a first-year associate from a large, very prestigious firm that shall go unnamed, in the early-ish days of constant cell phone use. This was about a decade ago, in mid-2000 or so, and it was dinnertime after the deal ended and I was having a brief meal before heading home, and he was having a few beers with a colleague before heading out, and we overheard him calling the front desk on his cellphone from the lunchroom and attempting to order a car, and totally confounding the front desk since he wasn't walking a few doors down to ask for the car or calling on the printer's phone, but using his cell phone. And he was a little tipsy. In the end, it devolved down to a "do you know who I am" moment on his part, after which he stated very loudly "I am a ____ associate", as if it was time for whoever was on the other line at the front desk to bow down to him and call that car - fast. That was an iconic moment, a classic "I don't want to be that entitled person" story.
- I spent many long hours at Bowne of Dallas, which had nice cushy chairs, a huge projection TV and free Pac Man and Ms Pac Man game tables (now that gives you the timeframe). Good BBQ for meals, too.
- I sure have a lot of good memories of lawyers, accountants and bankers working nights shoulder-to-shoulder at the printers in the '70's and 80's. In Cleveland, our printer was originally known as The Judson Brooks Company, which was later acquired by Bowne. We all knew some of the owners and most of the staff like family. They had a couple of cots separated by curtains in the back where you could catch a few hours' shut-eye before leaving for the dawn flight to DC with the SEC filing package. We did the red-lining on the plane. Many the nights I called my wife to let her know I would be working late and spending the night at "The Judson Hilton."
- Going to the printer was one on the best things about being a securities lawyer. Unlike everyone else in the world, financial printers loved lawyers and would do most anything to make them happy. I love you.


Going to the printer was one on the best things about being a securities lawyer ; A Dearth of Whistleblower Complaints? ;
Link to WSJ List of Top 50 U.S. Banks: KeyCorp's CEO Beth Mooney; Worldwide financial meltdown or note women rule KeyCorp's CEO Beth Mooney ;
The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law one year ago today. Many significant provisions become effective today. Many more aspects of the law remain to be implemented through regulation. Happy Birthday, Dodd-Frank!
• • The Federal Register version of the final regulation identifies comments -- both pro and con -- which have been received by the OCC in response to the proposed regulation issued May 25, 2011.
Key points:
* The preemption shield has been eliminated for operating subsidiaries of national banks as well as op subs of federal savings associations.
* Federal thrifts can no longer avail themselves of "field preemption." Their preemption standard is the same as that for national banks.
* The OCC removed language from its 2004 regulations which differed from that articulated in the Dodd-Frank Act and in the Barnett Bank of Marion County , N.A. v. Nelson case (rejected language called for preemption of state laws that "obstruct, impair, or condition a national bank's powers) and substituted the language from Dodd-Frank and Barnett: calling for federal preemption of any state law that "prevents or significantly interferes with the exercise by the national bank of its powers."
* The OCC still contends that, although it is changing the language of its regulation, it did not need to repeal the 2004 regulations that were essentially "gutted" by Dodd Frank. The OCC opines that all the prior preemption determinations remain in effect because the Dodd-Frank standard is not limited to the "prevents or significantly interferes" standard, but rather encompasses all the reasoning of the Barnett case and the OCC's interpretation of that case, which OCC says remains unchanged. This is sure to provoke controversy.
* The OCC also contends that the existing categories of state laws that are preempted remain valid because they represent the OCC's review of the impact of each law. The OCC says that the Dodd-Frank requirement for "case-by-case" preemption determinations will only affect future preemption determinations.
* The final regulation revises the OCC's 2004 visitorial powers rule to conform to the U.S. Supreme Court opinion in Cuomo v. Clearing House Association, L.L.C. The new OCC regulations follow the Dodd-Frank provisions that make it clear that a state attorney general may bring an action against a national bank in a court of appropriate jurisdiction to enforce applicable laws. ; Several people asked what I thought about humor in legal writing, a topic I touch on in my Academic Legal Writing book. Here’s my thinking on the subject:
Humor can be valuable: It can keep the reader interested, put the reader in a good mood, and make the reader feel something of a psychological link to the author. Humor in article titles can also help the article be more eye-catching and more memorable. I still remember an article title I saw in the early 1990s, “One Hundred Years of Privacy”; this both communicated the article’s essence (a look back on the privacy tort a century after Warren and Brandeis first proposed it), and humorously alluded to the novel “One Hundred Years of Solitude.” Humor in Legal Writing
• • • The "ostrich defense," "idiot defense," or "Sergeant Schultz (I know nothing, I see nothing, I hear nothing) defense" is being asserted again -- this time by Rupert Murdoch in his testimony before the U.K. Parliament's Culture, Media, and Sport Committee yesterday. The "ostrich defense," "idiot defense ; Norwegian Terror Suspect Arrested Motives May Be Nationalist and Anti-Islamic
• • • Mary Lou Byrne is the project coordinator of Mosman Library's new interactive, online visual history project, Mosman Faces. The project will be launched next week as part of Library and Information Week Big day for book lovers at library ; Digital Librarians