10/15/2007

Electronic Signatures in a Nutshell

"ESIGN, the federal law, does not preempt a state’s laws dealing with electronic signatures... Most companies may design a national electronic signature process, without having to contend with significant state variations in the electronic signature process...

"ESIGN states that a signature may not be denied legal effect solely because it is in electronic form. ESIGN does not give preferential treatment to electronic signatures. Consequently, an electronic signature can be challenged for all the other reasons that a wet signature can be challenged, such as the incapacity of the person signing, mistake, fraud, duress, and forgery. ESIGN does not require anyone to use or accept an electronic signature or record...

Under ESIGN (or the applicable state law) an electronic signature can be as simple or complex as:

• Clicking “I Agree;”
• Saying into a recording device, “I Agree;”
• Digital signature using PKI technology;
• Using a peripheral device that records an image of one’s signature; or
• Other ways using an electronic sound, symbol, or process attached to or logically associated with the document or record, which is executed or adopted by a person with the intent to sign.

"Verifications and acknowledgments required by law to be in writing, such as certain notices in financial transactions, may be provided and obtained in electronic form under ESIGN in certain circumstances. ESIGN essentially provides that if a law requires a disclosure to be provided by a certain method that includes acknowledgment of receipt, that disclosure may be given electronically if, and only if, the electronic method for providing that disclosure also includes a process or method for capturing electronically an acknowledgment...

"Failure to comply with the ESIGN disclosure requirements does not render void or voidable the underlying transaction (for example, the application for insurance or the insurance policy ultimately issued), but could subject the company to regulatory sanctions for failing to provide the required disclosures (such as the replacement notice) in accordance with applicable law. There may also be civil remedies available to consumers if the disclosures are deemed to have not been given effectively...

"[With certain exceptions,] ESIGN allows an archived electronic record to satisfy applicable statutory requirements that a contract or other document be retained “in writing,” if the electronic record is maintained in a form capable of being retrieved by all parties for later reference. In addition, ESIGN recognizes that records of a transaction (whether completed electronically or not) may be archived exclusively through electronic means, but failure to archive the records in a way that allows the record to be accurately reproduced could result in the unenforceability of the agreement represented by the electronic record and regulatory sanctions for failing to maintain the proper records...

"The 5-point approach examines a proposed electronic signature and electronic delivery process from the following perspectives:

1. Authentication Risk
This is the risk that the electronic signature obtained is from a forger, not from the actual person whose name is associated with the electronic signature...

2. Repudiation Risk
This is the risk that a document bearing a person’s signature is altered after the document is signed electronically and the person repudiates the contents of the document bearing his or her signature...

3. Compliance Risk
This is the risk that the rules and regulations governing such a transaction, such as regulation requiring certain consumer disclosures to be provided by a certain stage in the transaction, are not satisfied...

4. Adoption Risk
This is the risk that the e-process takes longer than the traditional process or is not as convenient as the traditional process and consequently, adoption of the process is slow...

5. Relative Risk
...For most electronic signature and e-delivery processes, the goal will be to have the transaction, on the whole, be no riskier than the current processes..."

Read more in this article by Patrick J. Hatfield (Lord, Bissell & Brook LLP), from which the foregoing is quoted.

10/08/2007

Columbus was First

So contended the Honorable Michael Musmanno, the colorful, outspoken, controversial judge, Congressman and author, who died, fittingly, on Columbus Day in 1968. Mussmanno is buried in Arlington Cemetery almost directly across the road from the eternal flame of the grave of John F. Kennedy.

The Michael A. Musmanno collection at Duquesne University contains the personal papers and library of the man.

"Among the many highlights of his career were the campaign to abolish the Coal & Iron Police,(a private police force maintained by the coal companies for the purpose of strike breaking), legislation to end the Sunday Blue Laws, a defense lawyer in the Sacco & Vanzetti trial, a presiding judge at the Nuremburg war crime trials, and appearing as a witness for the prosecution in the case against Adolf Eichman...

"One of the highlights of the collection is the transcripts of Musmanno's personal interviews of the Hitler intimates. Other noteable features are the transcripts of the Einsatzgruppen Nuremberg trial and the Adolf Eichmann war crimes trial. Musmanno was also the author of a number of books including, Ten Days to Die, which recounted Hitler's last days and was later made into a motion picture, and Black Fury a novel about a coal miner struggling with the hardships of the mines and the brutality of the Coal and Iron Police. He was also a zealous defender of Columbus discovering America and supported his claims in the book Columbus Was First."

Musmanno penned blistering and sometimes hysterical dissenting opinions as a jurist. His dissent in the Pennsylvania Supreme Court obscenity case regarding the book, The Tropic of Cancer, is a classic. The majority opinion failed to find the book obscene within the meaning of the First Amendment. Justice Musmanno disagreed:

The decision of the Majority of the Court in this case has dealt a staggering blow to the forces of morality, decency and human dignity in the Commonwealth of Pennsylvania. If, by this decision, a thousand rattlesnakes had been let loose, they could not do as much damage to the well-being of the people of this state as the unleashing of all the scorpions and vermin of immorality swarming out of that volume of degeneracy called the "Tropic of Cancer." Policemen, hunters, constables and foresters could easily and quickly kill a thousand rattlesnakes but the lice, lizards, maggots and gangrenous roaches scurrying out from beneath the covers of the "Tropic of Cancer" will enter into the playground, the study desks, the cloistered confines of children and immature minds to eat away moral resistance and wreak damage and harm which may blight countless lives for years and decades to come.
As this post from Moleskin Notebook observes "That's just the introductory paragraph, it only gets better." The opinion continues and concludes:
[Henry Miller's Tropic of Cancer] is not a book. It is a cesspool, an open sewer, a pit of putrefaction, a slimy gathering of all that is rotten in the debris of human depravity. And in the center of all this waste and stench, besmearing himself with its foulest defilement, splashes, leaps, cavorts and wallows a bifurcated specimen that responds to the name of Henry Miller. One wonders how the human species could have produced so lecherous, blasphemous, disgusting and amoral a human being as Henry Miller. One wonders why he is received in polite society. ... From Pittsburgh to Philadelphia, from Dan to Beersheba, and from the ramparts of the Bible to Samuel Eliot Morison's Oxford History of the American People, I dissent.
The opinion can be found at Commonweatlh v. Robin, 421 Pa. 70 (Pa. 1966).

Musmanno loved Columbus, but he didn't care for jazz music, as noted in this The Volokh Conspiracy post, quoting another of his dissenting opinions:
In the eyes and ears of many people, including the writer of this opinion, a juke box confined to ‘jazz’ records may be a nuisance. It robs the air of sweet silence, it substitutes for the gentle concord of stillness the wailings of the so-called ‘blues singer,’ the whinings of foggy saxophones, the screeching of untuned fiddles, the blasts of head-splitting horns, and the battering of earshattering drums. It makes a mockery of music, it replaces harmony with cacophony, tonality with discord, and peace with annoyance.
Quite a character. Happy Columbus Day.

Five Characteristics of Effective Leaders

"In the opening address to the [2002] Möbius conference Kim Clark, Dean of Harvard Business School, spoke about leadership with a small "l"—the sort of leadership that is needed in every organization to both serve and inspire our communities, businesses, and lives. 'We live in really remarkable times,' he said, stressing there remains 'a lot of optimism amidst all this turbulence.' Below, his advice on first-rate leadership.

"1. Integrity. We need leaders with strong values grounded in a commitment to a life that is whole and consistent with the things they believe. They should take personal responsibility for their actions and be honest with others, and with themselves.

"2. Energy. Leaders who energize and inspire other people make everyone around them better—not by administering, but by ministering.

"3. Inspiration. Trust and confidence are vital, but it is a leader's responsibility to help create a vision of what is possible. They should inspire others to see the greatness that is within them.

"4. Wisdom. Leaders need to be teachers. They must see beyond the horizon and understand the principles that underlie success. It is necessary to be a great communicator and teach in deed.

"5. Courage. Leaders have to do hard things. They have to have standards and make tough decisions that might make them unpopular, and do the right thing though the wrong thing is easier. Courage is hard, but it can be developed."

Read more in this HBS Working Knowledge article.

Can Spirituality Drive Success?

"Executives from a wide range of industries trooped to Harvard Business School to discuss how their spirituality helps them be powerful leaders... The conference explored issues of leadership, values, and spirituality in business...

"According to Ricardo Levy, chairman of Catalytica Energy Systems, executives are trained for action—contemplation is not part of their rulebook. In his own career, however, he discovered the need for spiritual guidance in crucial decisions, especially those that affect other people such as employees, he said. Levy's guidelines are:

-Quiet the mind.
-Reach deep inside. Go beyond the ego to hear the inner voice.
-Don't fear ambiguity; rest in the unknown. "This is the most difficult piece," Levy admitted. "We're not Comfortable unless we see the path."
-Stay humble in the face of temptation and power. "Being humble is a key issue. It's good for a leader to be reminded of the intoxication of power."

Asked by a member of the audience for his definition of success, Levy said, 'I'd rather use the word fulfillment. Success is a metric; you never have enough. But only you can define fulfillment. We as individuals are the only judges.'

"...Gregory Slayton (HBS MBA '90), chairman of ClickAction Inc., said... the value he most often uses at work is the Golden Rule, the principle that people should do unto others as they would have others do unto them. For example, when layoffs were necessary, he was upfront and honest with employees about what was happening and why..."

Read more in this HBS Working Knowledge

Bikes of Burden


You haven't seen real traffic until you've witnessed Vietnam's seemingly haphazard road rules and chaos. With few cars and more than 5 million motorbikes in the main cities, the bikes transport everything and everyone. "One of the main reasons for this enormous variety lies in the obsession with fresh ingredients for every meal," says photographer and Vietnam resident Hans Kemp. Kemp includes some of his best clicks in his new book, "Bikes of Burden," photos from which are available at this ABC News site.

Still Running

My namesake, septuagenarian, fellow Lackawanna County Pennsylvania native, and as far as I know not my relative, Tony Cerminaro is still running marathons, even in yesterday's heat. The Scranton Times-Tribune reports:

For Tony Cerminaro, this year's running of the Steamtown Marathon meant a lot to him for several reasons.

For the 71-year old, it was a marathon that he almost missed.

Recently, Cerminaro underwent a prostate-specific antigen (PSA) test. The test measures the amount of PSAs in a person's blood. A high level of PSAs is considered a possible symptom for prostate cancer.

"The doctor found that my levels were high, so I stopped training for three weeks," Cerminaro said. When I went back for an exam, my levels were back to normal."

Once his PSA levels decreased, Cerminaro slowly began to work out and get back into running condition.

"I don't like to take time off from training," Cerminaro said. "But I have to listen to the doctor."

Cerminaro won his age group, the Men's 70 and up race with a time of 3:26:35, finishing 218th overall. It was the 12th consecutive time that Cerminaro won his age group title.

According to Cerminaro, the warm and humid conditions became a hinderance during the race.

"At times, I was having a difficult time catching my breath," Cerminaro said. "I also never pour water on my head to cool down, but I was doing that today."

Despite the elements, Cerminaro was pleased with the result.

"Considering the weather, I really did better than I thought that I would do," Cerminaro said. "I'm really happy with the way I ran today."

Another reason that Cerminaro wanted to race on Sunday was it marked the 60th marathon the Jermyn resident has participated in.

"With knowing that this would be my 60th marathon, I had to run in this race."
Cerminaro is a former age-group Boston Marathon champion, awarded the title in 1997 after the initially declared champion was found not to have actually completed the race. See Two Disqualified From Boston Marathon - New York Times

10/02/2007

My Journey to Kathmandu

To view a Google earth version of the entire trip of which this journey is a part, visit acerminaro - ChinaTibetNepalThailandTrip2007

After crossing the Peace Bridge of the Friendship Highway linking Nepal and Tibet, we arrive at the rugged border town of Kodari Nepal. Making arrangements for a jeep trip to Kathmandu proves an interesting adventure in itself, as local boys bargain with each other and drivers for commissions, promising to us a ride as soon as the "driver" returns from Tibet. We finally secure a jeep and set out for Kathmandu.

The descent from the Tibetan plateau to Kodari is like falling off a brown, barren cliff and landing in a lush green forest, complete with waterfalls and more treacherous winding roads.

The rewards for continuing the descent on the road to Kathmandu include many small farming outposts set like gems in the greenery.

We are transported from the sublime to the ridiculous, through the crazy Kathmandu traffic choked with small cars, bicycles, motorbikes and the acrid fumes that go with them. We arrive in the Thamel tourist area, with its narrow, crowed, colorful alleys - a virtual "Disneyland for backpackers".

Booking a room in the laid-back Kathmandu Guest House, we relax in the tranquil garden before continuing our sightseeing journey.

With our Lonely Planet tour book in hand we take the scenic walking tour arriving at the Kathmandu Durbar Square, one of seven groups of monuments and buildings designated as Kathmandu Valley UNESCO World Heritage sites. Others include the Buddhist stupas of Swayambunath and Boudhanath, and the Hindu temple of Pashupati, which we will visit.

Next day we walk from Thamel across the Bagmati river to Swayambunath, also know as the "monkey" temple in honor of its cavorting simian residents. We climb the "365" steps up a forested hill for a breathtaking view of the Kathmandu Valley from this important Buddhist shrine. For more, see this sacredsites page

Next, we're off to Boudhanath, transfixed by the ever vigilant "Buddha Eves" reminding us to stay on the true path in life. Boudhanath is another holy Buddhist site. Its platform is a massive mandala and it contains the largest spherical stupa in Nepal.

A short walk from Boudhanath takes us to the mysterious Pashupatinath Hindu temple, regarded as the most sacred temple of Shiva (Pashupati) in the world. Thousands of pilgrims from all over the globe, particularly from Nepal and India pay homage in this temple everyday. "Shivaratri" or night of lord Shiva is an especially important day in this temple when tens of thousands of people throng here for the annual celebration.



Before leaving Kathmandu, we stop at the oasis of calm and beauty that is the "Garden of Dreams," also known at the "Keshar Mahal Palace and Gardens" and the "Garden of the Six Seasons." The garden is a prominent architectural example of Nepal's Rana period, with its mixture of western and oriental elements, and the adjacent neo-classical Palace.

The complex was built in the 1920s by Keshar Shumshere Rana, the third son of the Rana ruler in power at that time. His gardens abounded with all kinds of plants - not only from Nepal but also from Australia and Europe. The name 'Garden of the Six Seasons' reflects the six seasons prevailing in southern Asia : spring, early summer, summer monsoon, early autumn, late autumn and winter. Each of these seasons was represented with its own pavilion. Only three of the pavilions remain. The site has been and is being restored by Ecohimal.

More photos from my trip are available at Journey to Nepal, my photoset on Flickr

Top Ten Management Concepts

The 12manage Global Top-10 is a measurement of the popularity of management concepts over time. The organizational approaches are listed in order, number 1 being the method currently most in vogue.

1. Five Competitive Forces Porter
2. 14 Principles of Management Fayol
3. Marketing Mix McCarthy
4. Mind Mapping
5. BCG Matrix
6. Competitive Advantage Porter
7. SWOT Analysis
8. Diamond Model Porter
9. 7S Framework McKinsey
10. Balanced Scorecard Kaplan Norton

From www.12manage.com.

10/01/2007

Check Credit Card Receipts for FACTA Violations

"The Fair and Accurate Credit Transactions Act ("FACTA") ... has spawned more than 250 federal class-action lawsuits ... Section 1681c(g)(1) of the FCRA, part of the FACTA enactment, provides that "no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction." This aspect of FACTA was phased in over time to allow large and small businesses to conform to the requirements and update the cash registers in service. The requirement was fully phased in as of December 4, 2006. Since then, the class-action lawsuits have come fast and furious...

If your company has not been sued for a FACTA violation, you still need to act. Conduct an audit of the receipts issued to customers to ensure that all stores comply with FACTA. If any potential violation is noted, correct it immediately. Also, to avoid future unknown liability, monitor the decisions related to FACTA to determine whether there are any changes regarding the statute's interpretation. With that, your company will be able to immediately correct any "new" violations found to exist under the law.

If your company has been sued, act immediately to come into compliance with FACTA. Simultaneously, obtain legal counsel to help you explore the various defenses available to minimize the potential exposure your company may face. Otherwise, a simple receipt error could lead to enormous expense..."

Read more in this Jones Day article from Mondaq.

Strategic Partnerships Work - Sometimes

"Northwestern's Kellogg School of Business has a web site called 'Kellogg Insights' that posts research done by their professors. They recently highlighted a study called 'Compete or Cooperate - Choosing the Right Commercialization Strategy as a Technology Start-Up'. The study authors investigated the commercializaton strategies of 118 start-up companies across 5 economic sectors. They found that cooperation is a good strategy for start-ups when one or more of three conditions exist for the start-up:

1) The firm has a high degree of control over its intellectual property rights
2) The firm enjoys low deal transaction costs
3) There is a high sunk cost requirement for the firm to compete in its industry ..."

Read more in this Small Biz Labs post from which the foregoing was quoted.

Tools and Templates for Entrepreneurs

"Entrepreneurship is vision and values but ... it's also tools and templates. These are those practical agreements, models, checklists, samples, worksheets, and other items so vital to the day-to-day operation and success of your company. The monthly Collections provide them by topic-and we keep track of how much attention they get. Listed here are the tools and templates most viewed by your fellow entrepreneurs from September 2006 to September 2007 on the Kaufmann eVenturing site.

9/24/2007

Eye Camp - Tibet

Like many who visit Tibet, I was struck by the glaring need of ordinary Tibetans for modern medical care. But since 1995, American ophthalmologist, Dr. Marc Lieberman, has been doing something about it, traveling to Tibet twice a year to run mobile eye camps.

"In a country where much of the population lives at elevations of 15,000 feet, where solar radiation poses a high risk for cataracts, the disease has become an epidemic. Many of those afflicted with cataracts come from the poorest communities -- nomadic herders who have limited access to healthcare and face inevitable blindness without surgery...

A deeply spiritual man, Lieberman was inspired by the Dalai Lama to pursue his medical mission. Although his work is often made difficult by the political tensions of Tibetan life under Chinese rule, the primary goal of his nonprofit Tibet Vision Project is to train the Tibetan medical community to do the cataract surgeries themselves..."

Solotaroff's 2005 journey is captured in this Frontline Rough Cut documentary that features many delightful and inspiring moments, particularly among the Tibetan families who arrive at the camp full of anticipation and filled with gratitude when the doctors restore their sight.

9/20/2007

The Last Lecture

"46-year-old Carnegie-Mellon professor Randy Pausch delivered his final lecture, entitled 'How to Live Your Dreams' on Tuesday. Paush has terminal pancreatic cancer. The lecture is powerful and uplifting.

"'What we’re not going to talk about today,' he continued, 'is cancer, because I’ve spent a lot of time talking about that … and we’re not going to talk about things that are even more important, like my wife and [three preschool] kids, because I’m good, but I’m not good enough to talk about that without tearing up.'

"What he was there to discuss was how to fulfill your childhood dreams, and the lessons he had learned on his life’s journey. "

Link to story. Link to video. Link to full lecture (opens in new player). Link to Pausch’s website. -via Reddit and Fark and this Neatorama post from which the foregoing was quoted.

Control is an Illusion

"Leadership is about influence not control... I often hear leaders, particularly younger ones, complaining about their lack of control in various situations...What they are really saying is, 'If I could control these people, I could guarantee the results.' The truth is that control is an illusion. You can’t control anyone, even the people that report to you.

"However, while you can’t control anyone (except perhaps yourself), you can influence nearly everyone. This is the essence of true leadership. By this definition, Jesus, Mahatma Gandhi, and Martin Luther King were great leaders. They had control of virtually no one, yet their influence changed the course of history.

"Aspiring leaders would do well to stop focusing on control and figure out how to expand their influence..."

Refer to this post From Where I Sit for four ways you can become a person of influence, no matter where you are in the organization.

9/19/2007

What's a Reasonable Royalty Rate?

"Among the most frequently asked questions I get from start-up companies is: How much should I pay for licensing in a technology? Answer: As little as possible. Kidding aside, this is really a very complicated question that cannot be answered without a lot of homework. While most companies seem to use a valuation method I like to call “pulling a number out of the air,” there are three primary methods used by licensing professionals to assess the value of IP assets. These are the Cost Method, Market Method and Income Method. With all of these methods, good data and data projection are critical in determining the appropriate numbers.

"In the Cost Method, the value is the cost incurred in developing or purchasing the relevant technology or intellectual property. But what if, as a result of changing markets or new information, you determine that the present value of the total revenues/return expected from this technology is less that the cost?

"In the Market Method, the method for determining value is to learn what comparable technologies have licensed for recently. Of course, to do this you’ll need to (a) determine what transactions are comparable and (b) obtain current, reliable data. Usually, this is through compiled data reports.

"In the Income Method, value is the estimated revenues the technology is likely to produce (and savings it is likely to generate) and comparing this to the estimated cost to generate the same revenues or savings from other sources, that is, total annual returns. Basically, it’s a method of determining what you can afford (or not afford) to pay in the end..."

Read more in this informative post from Patent Baristas

9/17/2007

Photos from China Trip

To view a Google earth version of the entire trip of which this journey is a part, visit acerminaro - ChinaTibetNepalThailandTrip2007

<Great Wall of China, Jinshanling to Simitai section 

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Great Wall, Mutianyu 
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Locked Door, Summer Palace, Beijing 
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Beijing skyline from Summer Palace 
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Summer Palace, Beijing 
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St. Joseph Church, Beijing 
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Terracotta Warriors, Xian China 
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Terracotta Warriors, Xian 
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Panda, Chengdu Breeding and Research Center 
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More photos of China from the Asia journey I completed with my daughter in July and August are available in this China Trip 2007 photoset on Flickr

What's in a Business Name? A lot

photo by John Davies

Nolo.com advises that as you hunt for the perfect name for your business, keep three main legal issues in mind:

Will your business name receive trademark protection?
Is your proposed business name available?
If your business will have a website, is a similar domain name available?

Adding that, if you're starting a corporation, LLC, or limited partnership, you must comply with a few state rules for naming your business.

The same resource offers a good summary of the legal issues involved by presenting answers to the following commonly asked questions about choosing and registering a successful business name:

What's the best type of name for my business?
What issues should I keep in mind when picking a name for my business?
How do I find out if the business name I want is available?
What is a trademark?
What is the "legal name" of my business?
What is a fictitious business name?
Do I have to register my business name?
Can I change my business name to include "Inc." or "LLC"?

7/22/2007

Greetings from China

Blogging will be light for a while. I am traveling with my daughter in Asia. We are in Xi'an China currently.

7/07/2007

Leadership Quotations

The task of leadership is not to put greatness into people, but to elicit it, for the greatness is there already.
--John Buchan

To lead people, walk beside them … As for the best leaders, the people do not notice their existence. The next best, the people honor and praise. The next, the people fear; and the next, the people hate … When the best leader’s work is done the people say, ‘We did it ourselves!
--Lao-Tsu

Do not follow where the path may lead.
Go instead where there is no path and leave a trail.
--Harold R. McAlindon

If your actions inspire others to dream more, learn more, do more and become more, you are a leader.
--John Quincy Adams

Our chief want is someone who will inspire us to be what we know we could be.
--Ralph Waldo Emerson

Never doubt that a small group of thoughtful, concerned citizens can change world. Indeed it is the only thing that ever has.
--Margaret Mead

From this collection of Great Quotes on Leadership

7/05/2007

Take Charge of Your Life

"Consciously following a path towards your goals instead of blindly drifting through life really is the secret to success..." So concludes this
post from Matt Inglot that explains how an entrepreneurial wake up call rescued him from a career of "writing boring code for stuffy monolithic corporations..." More of the post follows:

"I had a[n]...experience several years ago which completely derailed me from my current path, which at that point was simply going in the direction life took me in. Sure I was making “choices”, such as planning on going ahead with a degree that I deep down knew wouldn’t be right for me, and planning to somehow be happy working in a cubicle the rest of my life (despite having had a chance to briefly try it and strongly hating the idea of being in front of a computer all day doing someone else’s work).

After all programming was my talent, so why on earth would I want to be anything other than a programmer graduating with a computer science degree? I had goals too, or so I thought. Surely a Ferrari was a goal? I mean it wasn’t humanly affordable on the salary of a corporate computer drone, and I had no plan to attain it otherwise, but yes that was my “goal”. I completely didn’t understand that where I was letting myself drift in life had nothing to do with what I actually wanted. To make things worst this direction was highly encouraged through high grades in “smart people” courses and congratulations from others on making such a great and rewarding choice.

Luckily the entrepreneurial bone in me activated and... I was exposed... to a strange freedom that was offered nowhere else. I read some extremely positive literature from people that seemed...happy. This was a world that my programming books had never exposed me to. Never before had I seriously read about ideas like goals, personal development, financial planning, and the idea that becoming truly successfully was something other than luck or born talent...

It’s not that I disliked programming - I’m having an absolute blast putting my skills to use with my website development company - it’s that I enjoyed working on projects of my own devising and not some insigificant cog in an obese software application. I took a year and a half off instead of going straight into university during which I awakened consciously further and further.

In the end I chose to enter a business program and because I had the opportunity I chose to go the double degree route and end up with a computer science one as well. My end choice in degrees is not important however, what is important is that for the first time in my life I had honestly been able to step off the beaten path, consciously examine my surroundings, figure out where I actually wanted to go, and then go in the direction that would actually take me there.

It’s possible and relatively easy to get to where you want to be in life if you stop long enough to start moving in the right direction..."

7/04/2007

Ten Score and Eleven Years Ago...


Our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. The Declaration of Independence was ratified on this date 211 years ago. For much more on this document, visit Declaration of Independence, from ushistory.org.

"This site provides a wealth of information about the signers of the Declaration, the history of the Declaration, and an online version of the Declaration for you to read.

"The site also provides links to other Declaration-related biographies and histories and a guestbook where you are invited to add comments and ideas. This site is a good resource for anyone curious about the Declaration and its history, or for the student who needs resources for his or her research paper.

"The original Declaration is now exhibited in the Rotunda for the Charters of Freedom in Washington, DC. It has faded badly, largely because of poor preservation techniques during the 19th century. The document measures 29-3/4 inches by 24-1/2 inches. See picture.

"What's on the Back?
"People who watched the popular movie "National Treasure" want to know. On the back, at the bottom, upside-down is simply written: "Original Declaration of Independence / dated 4th July 1776." Regarding the message on the back, according to the National Archives, "While no one knows for certain who wrote it, it is known that early in its life, the large parchment document was rolled up for storage. So, it is likely that the notation was added simply as a label." There are no hidden messages.

"You will find the following resources on this site:

The Declaration of IndependenceThe text and image of the Declaration.
The Signers of the Declaration of IndependenceThis section gives a profile of every delegate who signed the Declaration in 1776. You will find factual information such as birth-death dates, occupation, education, etc. Each signer also has a short story of their life. A good resource for students.
Related InformationThis section provides a listing of people (George III, Patrick Henry, etc.), Events and Things (Boston Massacre, a Tax Stamp, etc.), and Laws and Resolutions (Sugar Act, Quartering Act, etc.).
Thomas Jefferson's Account of the DeclarationRead the lengthy excerpt from Thomas Jefferson's autobiography that talks about the days leading up to the signing of the Declaration of Independence, the history of the document, and various other factors which involved the authoring of the Declaration.
The Declaration HouseHere is where Thomas Jefferson wrote the Declaration. The house has been reconstructed and is now part of Independence National Historical Park. The Independence Hall Association, host of these web pages, led the efforts to have the Graff House reconstructed in 1975, in time for the Bicentennial.
LinksThis excellent collection of links provides other online resources about the Declaration of Independence. Such sites include analyses of the style of language in the Declaration, the story of the drafting of the document, and the relationship the Declaration has to other historic documents.
TimelineA Chronology of Events, June 7, 1776 to January 18, 1777.

7/03/2007

Legal Issues in Internet Contracting

"Online contracting raises novel legal issues that any business attempting to set up an online contracting site should consider. However, most legal hurdles can readily be overcome by appropriately structuring the web site, entering into an electronic trading agreement, or (in the rare case) performing one or more steps of the transaction off line.

"Clients frequently wonder what legal pitfalls they may encounter in setting up a web page for online contracting. In fact, contract law principles such as offer and acceptance, or the requirement of a signed writing, can generally be accommodated on the Internet.

"In some ways the Internet is the ideal environment for entering into contracts, as many companies are discovering. However, certain practical differences between online and offline contracting should be kept in mind.

Read more in this article from Thelen Reid & Priest, that includes the following subtopics:

Issues Regarding Formation
Requirement of Writing on Paper and Providing a Signature
Legal Requirement of a Writing and Signature
Digital Signature Legislation
Utah's Digital Signature Legislation
California's Digital Signature Legislation
Illinois' Digital Signature Legislation
Other States' Digital Signature Legislation
The Mailbox Rule
Determining the Terms of a Contract
Special Issues Regarding Handling Money Over the Internet

Tips to Become a Better Writer

"1. Read great writers...Pay close attention to style and mechanics in addition to content...
"2. Write a lot...
"3. Write down ideas, all the time...
"4. Create a writing ritual. Find a certain time of day when you can write without interruptions, and make it a routine...
"5. Just write...
"6. Eliminate distractions...
"7. Plan, then write. This may sound contradictory to the above “just write” tip, but it’s not really...
"8. Experiment...
"9. Revise...
"10. Be concise...
"11. Use powerful sentences. Aim for shorter sentences with strong verbs...
"12. Get feedback...
"13. Put yourself out there. At some point, you’ll need to let others read your writing. Not just the person who you’re allowing to read it, but the general public...
"14. Learn to be conversational...
"15. Start and end strong..."

Read more in this lifehack post.

Change Ahead of the Curve

"Many companies wait too long to attempt transformations, doing so only when the signs of trouble have become obvious. But that's almost inevitably too late. High performers, by contrast, change before they must, knowing that the best way to transform is from a position of strength."

Read more in this article from accenture