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December 21, 2014 / 29 Kislev, 5775
 
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Posts Tagged ‘law’

Israel to Recognize Foreign PT, S/L Certification

Thursday, June 26th, 2014

The Knesset passed the first reading of a bill that will formally allow Israel to recognize foreign certifications of physical and speech & language therapists.

Introduced by Likud Beytenu Knesset member Shimon Ohayon, the law is intended to smooth the way for professionals in the field who come to Israel as new immigrants making aliyah with years of experience, but difficulty finding jobs.

The employment situation in Israel is complicated by a language barrier for professionals from abroad.

The issue is further exacerbated by the difficulties encountered in transferring one’s credentials; and the problem sometimes proves insurmountable, depending on the nation of origin, the school, level of education and year of graduation.

Yesh Atid Blocks Israel’s ’No Early Release for Terrorists’ Bill

Tuesday, May 13th, 2014

Yesh Atid minister Yaakov Perry appealed a new law preventing the premature release of terrorist inmates from prison on Monday night, effectively blocking the measure.

The bill amends one of the Basic Laws of Israel, formulated in the 1960s, that allows the president to pardon terrorists under certain conditions. It was passed Sunday by the Ministerial Legislative Committee – but the move by the Science and Technology Minister stops the law from going to the Knesset plenum for its first reading.

Instead, it will go to the full Cabinet for a vote on Sunday.

Jailed terrorists — particularly the ones who are serving life sentences for multiple murders of Israeli citizens in terror attacks — are often used as bargaining chips by Arab nations and terror groups in talks with the State of Israel.

IDF soldier Gilad Shalit, kidnapped in a cross-border raid near the Gaza border by three Hamas-affiliated terrorist groups in 2006, was held hostage by Hamas in Gaza. His freedom and safe return was purchased after more than five years only at the cost of releasing more than a thousand Arab terrorist inmates from Israeli prisons — many of whom immediately resumed their activities against the Jewish State.

There are many who believe that if the option of early release for terrorist prisoners — “prisoner swaps” — was not available, terror groups with whom Israel deals would no longer find benefit in kidnapping Israeli hostages, and therefore would cease such activities.

Perry’s move was immediately condemned by lawmakers from the Bayit Yehudi (Jewish Home) party, one of the two sponsors of the bill.

Bayit Yehudi MK Ayelet Shaked, who proposed the measure together with MK David Tzur – against the objections of his own Hatnua party’s chairperson, Justice Minister Tzipi Livni – expressed outrage over Perry’s appeal.

“Tonight the truth was revealed that small politics are stronger than the blood of Israeli citizens,” Shaked told media.

“Minister Perry in the past expressed his support for the law, both to me and to my partner MK David Tzur, so his appeal is puzzling… How can the former head of the Shin Bet support releasing murderers?”

Economics Minister and Bayit Yehudi chairperson Naftali Bennett slammed the move, calling it a “mark of disgrace” on the entire Yesh Atid political party.

“Every day that this law is delayed human life is in danger,” Bennett underlined. “We will use all the tools at our disposal, including burying laws proposed by Yesh Atid, until this law is passed.

“I do not have, nor will I have any tolerance and patience for political games at the expense of laws that are essential for the security of Israeli citizens.”

The Warrior’s Tale

Wednesday, November 13th, 2013

Originally published at Sultan Knish.

The warrior’s tale is a simple enough thing. Strong as steel, but fragile as chance. It is the wind in his soul and the wall we build around ourselves to tell us who we are.

Before there were cities or nations, and railways and airports, computers and telephones– the tale was told around campfires. Acted out in pantomime, dressed up in animal furs and cave paintings. But the tale was the same. The people were confronted with a threat and they called upon the best and strongest of their men to go out and fight it. These were their warriors. What they did in the face of that threat is the tale.

The tale has many variations. Sometimes there are many warriors, sometimes only a handful. They march into the village of the enemy in triumph, or they make a last stand on a rocky outcropping, spending the last of their heart’s blood to buy time they will never know. There is the weak man who becomes strong, the strong man who becomes weak, the woman who mourns the man who will never return, and the man who goes off to battle with nothing to lose. These tales have been told countless times in the ages of men, and they will be told again for as long as men endure.

It is not only the warriors who need the tale, or those left behind. Future generations learn who they are from this tale. “We are the people who died for this land,” is the unseen moral of each tale. “We bled for it. Now it is yours to bleed and die for.”

The warrior’s tale tells each generation that they stand on the wall against a hostile world. And that the wall is made not of stones, but of their virtues. Their courage, their integrity and their craft. Theirs is the wall and they are the wall– and if they should fail, then it will fail. And the land and the people will be swept away.

What happens to a people who forget the warrior’s tale and stop telling it around their campfires? Worse , what of a people who are taught to despise the figure of the warrior and what he represents? They will not lose their courage, not all of it. But they will lose the direction of that courage. It will become a sudden unexplained virtue that rises to them out of the depths of danger. And their wall will fail.

It is the warrior’s tale that makes walls. That says this is the land that we have fought for, and we will go on fighting for it. It is sacrifice that makes mere possession sacrosanct. It is blood that turns right to duty. It is the seal that is above law, deeper still to heritage. Anyone can hold a thing, but it is sacrifice that elevates it beyond possessiveness. And it is that tale which elevates a people from possessors of a land, to the people of the land.

Universalism discards the warrior’s tale as abomination. A division in the family of man. Their tale is of an unselfish world where there are no more divisions or distinctions. Where everyone is the same in their own way. But this tale is a myth, a religious idea perverted into totalitarian politics. It is a promise that cannot be kept and a poison disguised with dollops of sugar. It lures the people into tearing down their wall and driving out their warriors. And what follows is what always does when there is no wall. The invaders come, the women scream, the children are taken captive and the men sit with folded hands and drugged smiles dreaming of a better world.

The warrior’s tale explains why we fight in terms of our own history. The Great Swamp Fight. The Shot Heard Round the World. The Battle of New Orleans. Gettysburg, San Juan Hill, Belleau Wood, Pearl Harbor, Heartbreak Ridge, the Tet Offensive, Kandahar, and Fallujah. Generations of sacrifices must be defended. And those who wage war on us must be made to pay.

Universalism demands that war must answer to universal aims and objectives. That there is a universal law higher than war. But this is a children’s story. The laws of men derive from their own interests. Those who can rule by force or coalition make their laws to serve their own ends. This is the way of the world.

Those who pretend to live by universalism will still fall to the law of steel. Rhetoric is no defense against fire and lead, and international codes have no defense against those who will break them. The talk may go on, but it is the warriors who will end it. It is still the warrior’s tale to tell, even if all others have forgotten it.

The warrior’s tale is no happy thing. It is bitter as bile and dark as death. But it is also a grand and glorious thing. For even in its full naked truth, it is the story of perseverance in the face of every agony and betrayal. It is the tale of how we live and why we die.

Even when all others forget their tale, the warriors remember. Even when they are called peacekeepers and turned into an army of clowns for the satisfaction of their political masters. The armies may decay, but warriors still remain in their cracks, on their edges– men who are not wanted, but are needed because they are the only ones who can do the grim work and do it well. They may only be a hundredth of an army, or a thousandth. A fraction of a fraction. But without them there is no army, only empty uniforms.

When the warrior’s tale is forgotten, then they become shadows. Dangerous men despised and feared. Thought of as killers, dismissed as monsters and stared at like beasts in a cage. But the society cannot deny them. It cannot deny that part of them. When the warrior diminishes, the energy is directed elsewhere. Sport becomes an obsession and matches end in bloody violence. Crime increases. Prisons fill up. So do police forces.

As the external war fades, the internal one begins. Barbarians come from without. Buildings burn, mobs rage and there is a savagery in the air.

No law can protect a society that has forgotten the warrior’s tale. It will turn outward, and adopt the warrior tales of outsiders. The samurai will replace the cowboy. The sports star will be an outsider. Its heroes will become foreigners. Men who understand the virtue of violence and will do what their own people have been forbidden. Who have the vital energy that a society without a warrior’s tale lacks.

When a people give up their own warrior’s tale for that of others, they lose the ability to resist them. For each people’s warrior’s tale says that we are people, and they are enemies. We are warriors and they are murderers. When a people have no other warrior’s tale but that of their enemies, they will come to believe that they are monsters. And that their enemies are brave warriors.

The day will come when they are asked who they are, and they will not know. They will point to their possessions and the names of their streets and cities. They will speak of higher ideals and cringe for not living up to them. They will be asked why they fight, and they will say that they do not want to fight. That all they want is peace at any price.

Even the most powerful of civilizations with the mightiest of cities becomes prey when it forgets the warrior’s tale. It takes more than weapons to defend a city, it demands the knowledge of the rightness of their use. It is no use dressing men in uniforms and arming them, if they are not taught the warrior’s tale. And it is nearly as little use, sending them off to watch and keep, if the men above them discard the warrior’s tale as violent and primitive gibberish.

An army of millions is worth little, without the warrior’s tale. Strategy is technique, firepower is capacity, both begin and end with the human mind. “Why do we fight,” is the question that the warrior’s tale answers far better than any politician could. “We fight because this is ours. It is our honor, our duty and our war. We have been fighting for hundreds and thousands of years. This is what makes us who we are.”

We are the people, says the warrior’s tale. But we are every people, says the universalist’s tale. All is one. There is no difference between us and them. And we will prove it by bringing them here. Then the walls fall and it falls to the warriors to make their last stand. To tell another warrior’s tale with their lives.

This is the quiet war between the philosopher merchants who want trade and empire, and the warriors who know that they will be called upon to secure the empire, and then die fighting the enemy at home. It is how the long tale that begins with campfires and ends with burning cities goes. The story that begins with cave paintings and ends with YouTube videos. Whose pen is iron, lead and steel. And whose ink is always blood.

We have been here before. Told and retold the old stories. The forest, the swamp, the hill and the valley. And behind them the lie, the maneuver and the betrayal. The war that becomes unreasoning and the people who forget why they fight. And one by one the warriors slip away. Some to the long sleep in the desert. Others to secluded green places. And still others into the forgetfulness of a people’s memory. The hole in the heart of a people who forget themselves and become nothing.

Britain: ‘A World Capital for Islamic Finance’

Thursday, October 31st, 2013

Originally published at Gatestone Institute.

The London Stock Exchange will be launching a new Islamic bond index in an effort to establish the City of London as one of the world’s leading centers of Islamic finance.

Britain also plans to become the first non-Muslim country to issue sovereign Islamic bonds, known as sukuk, beginning as early as 2014.

The plans are all part of the British government’s strategy to acquire as big a slice as possible of the fast-growing global market of Islamic finance, which operates according to Islamic Sharia law and is growing 50% faster than the conventional banking sector.

Although it is still a fraction of the global investment market — Sharia-compliant assets are estimated to make up only around 1% of the world’s financial assets — Islamic finance is expected to be worth £1.3 trillion (€1.5 trillion; $2 trillion) by 2014, a 150% increase from its value in 2006, according to the World Islamic Banking Competitiveness Report 2012-2013, published in May 2013 by the consultancy Ernst & Young.

But critics say that Britain’s ambitions to attract investments from Muslim countries, companies and individuals are spurring the gradual establishment of a parallel global financial system based on Islamic Sharia law.

British Prime Minister David Cameron announced the plans during a keynote speech at the ninth World Islamic Economic Forum, which was held in London from October 29-31, the first time the event has ever been held outside the Muslim world.

“Already London is the biggest center for Islamic finance outside the Islamic world,” Cameron told the audience of more than 1,800 international political and business leaders from over 115 countries.

“And today our ambition is to go further still. Because I don’t just want London to be a great capital of Islamic finance in the Western world, I want London to stand alongside Dubai and Kuala Lumpur as one of the great capitals of Islamic finance anywhere in the world.”

Cameron said the new Islamic bond index on the London Stock Exchange (LSE) would help stimulate fixed-income investments from Muslim investors — especially investors from oil-rich Persian Gulf countries — by helping them identify which listed companies adhere to Islamic principles.

Investors who practice Islamic finance — which is said to be structured to conform to a strict code of ethics based on the Koran and Sharia law — refuse to invest in companies that are linked to alcohol, gambling, pornography, tobacco, weapons or pork. Islamic finance also forbids collecting or paying interest and requires that deals be based on tangible assets.

Unlike conventional bonds, sukuk are described as investments rather than loans, with the initial payment made from an Islamic investor in the form of a tangible asset such as land. The lender of a sukuk earns money as profit from rent, as in real estate, rather than traditional interest.

Cameron says the British Treasury will issue £200 million (€235 million; $320 million) worth of sukuk as early as 2014. The objective is to enable the government to borrow from Muslim investors. The Treasury plans to issue fixed returns based on the profit made by a given asset, thereby allowing Muslims to invest without breaking Islamic laws forbidding interest-bearing bonds.

The Treasury also said some sukuk bond issues may require the British government to restrict its dealings with Israeli-owned companies in order to attract Muslim money.

Although Britain has already established itself as the leading secondary market for sukuk — the LSE has listed 49 sukuk bonds worth $34 billion during the past five years — such bonds have rarely been issued from local firms and never from the government.

“For years people have been talking about creating an Islamic bond, or sukuk, outside the Islamic world. But it’s never quite happened,” Cameron said. “Changing that is a question of pragmatism and political will. And here in Britain we’ve got both.”

According to Cameron, this “pragmatism and political will” is being influenced by the fact that Islamic finance is “already fundamental” to the success of the British economy. Indeed, it is.

Britain is already the leading Western center for Islamic financial and related professional services. It is a leading provider of Sharia-compliant finance, with reported assets of $19 billion, according to Islamic Finance 2013, a new report published by The City UK, a financial sector lobby group.

IDC’s Combined Degree in Law and Business

Monday, October 21st, 2013

The world is not only getting smaller – it’s getting hungrier, too!

With international commerce getting more competitive, resources dwindling, banks defaulting and world terror a constant threat, nations often find themselves competing in the board room or before a magistrate rather than in the battlefield – led by lawyers rather than generals. Thus, today’s business lawyer must be an expert in international trade and regulations, and a business major must be able to perform in a globalized economy – notwithstanding language and local predilections.

Prof. Sharon Rabin-Margalioth, Dean of the Radzyner School of Law at IDC Herzliya has studied law on both sides of the Atlantic Ocean. “In business, local expertise is insufficient; there is a growing need for international business law expertise and the ability to cope with the challenges of globalization. That’s why we’ve established an innovative new program that provides students with significant added value in law and business.”

IDC’s combined degree in Law & Business Administration program focuses on global legal principles. Taught in English, students acquire an in-depth knowledge of international business law and the tools required to integrate into the international legal world and the global business sphere.

US Supreme Court Justice Brandeis once observed that a lawyer who is not proficient in economic theory poses a danger to the public. Today, that assertion would state that one cannot function in a global sphere without an interdisciplinary understanding of geopolitical processes and the realities of any region in which we desire to act.

In law, as in commerce one must draw upon experience and extensive knowledge to solve any problem at hand. One must interpret and utilize social norms and translate these into legal and commercial dispositions. The Radzyner School of Law provides students with that knowledge base and the ability to analyze problems and place them into an appropriate context – an impressive challenge, given the intricate nature of language and human disposition.

Students develop their analytical skills, a creative imagination, a sensitivity for others, and the ability to express themselves in any situation. They also engage in diverse practical experiences, acquire 21st century skills and directly interact with leading figures in the legal practice and academic world from both Israel and abroad. The nine semester curriculum (four years and an additional summer semester) includes law, business and specialized courses integrating the two.

The program is offered by the IDC’s Raphael Recanati International School.

Jonathan Davis who is both Vice-President for External Relations and head of the RRIS is a firm believer in the IDC’s mission of statement: “We are Zionists – here to contribute to Israel and to the Jewish People,” he stresses.” We strive to build bridges between the elites and the underprivileged, between Israelis and the Diaspora, between Israel and its neighbors.”

And, indeed, one of the main goals of the combined degree in International Business Law and Business Administration is to create a truly international learning experience. Students from 86 different countries make up more than a quarter of the student body; and the IDC’s internationally renowned faculty roster reflects both scholarly excellence and practical experience.

“We are constantly expanding the school’s international focus and developing new and exciting opportunities for our students to explore on a global level,” Davis adds.

The Radzyner School of Law is also one of the founding members of the Law Schools Global League – an international alliance between more than twenty law schools, which fosters collaborative relations and offers students the opportunity to study abroad for one semester as part of an extensive student exchange program.

IDC is located in Herzliya, a city six miles north of Tel Aviv along the Mediterranean’s white sandy beach. Besides a host of recreational facilities, the area has been nicknamed Silicon Wadi – attracting the world’s leading venture-capital firms alongside Israeli software and biotech companies, many of them traded on international stock exchanges. When established in 1994, IDC was the first major private educational institution in Israel. Today, with 25 research centers and more than 60 exchange programs with leading universities around the world, IDC employs a truly international and distinctly interdisciplinary approach, allowing students to obtain an education that is comprehensive on so many levels and practical.

On the Job but Not Getting Paid?

Wednesday, October 2nd, 2013

I’m very glad Congress and the president decided to make sure the uniformed military will get paid during the government shutdown.  That was the right thing to do.  The move averts a game-of-chicken mistake made in late 1995, when Bill Clinton was dispatching troops to Bosnia while their pay was in jeopardy.

As long as preparations are made beforehand, meanwhile, there’s enough in the trusts to make sure Social Security and veterans’ pension payments go out next month as well as this month. That’s a relief to millions of elderly who can’t just go start harvesting vegetables or sweeping floors if their checks don’t come in.  We can assume Congress will keep a sharp eye out for the potential problems, and make provision for them.

That leaves our Border Patrol, FBI, other federal law enforcement agents, federal firefighters, and air traffic controllers, some of the 80% of federal workers who will remain on the job during the shutdown.  At least some of them are reportedly being required to work without their latest-due paychecks being in the bank, until the government is “open” again.  It’s not fully clear how many or which of these workers are having to show up for work with their pay suspended.  I’ve seen reports that suggest some are being paid; other reports seem to indicate that law enforcement and essential-services people are working without pay (i.e., presumably, pay delayed, not “pay never coming”).

In any case, as happy as I am to see the EPA and other agencies off the job, I’m concerned about morale among the hard-working law enforcement and essential-services folks.  They do a tough job 24/365, and a lot is being asked of them today, and for as long as the shutdown lasts.

We can hope the shutdown will last only a couple of days.  Presumably, Congress will be looking out for these workers, and have a care for the hardships they will face if the shutdown goes longer than that.  (In extremis, much could probably be done, even within the current debt ceiling, through issuing IOUs to the Social Security trust fund.)  As with those in all professions, the younger workers – with kids, mortgage and college-loan payments, living paycheck to paycheck – will be the hardest hit.

If the shutdown does become extended, those who have the means can consider donating to organizations that provide a helping hand to these particular federal workers in their time of need.  Here are some links to get you started:

Federal Law Enforcement Foundation

Federal Law Enforcement Officers Foundation

Wildland Firefighters Foundation

Federal Employee Education and Assistance Fund (especially for non-law enforcement personnel; air traffic controllers are members of the National Air Traffic Controllers Association, or NATCA, a labor union with some funding for mutual aid, as well as its own charitable foundation)

I (Heart) Public Safety Network (umbrella network coordinating various forms of assistance to public-safety programs, public-safety workers, and their families)

Note:  per the Washington Post summary at the first link, U.S. Postal Service workers should be getting paid on schedule.  Except for its annual requests for bailouts, USPS is “self-funding,” and should last through the shutdown, however long it goes.

False Advertising, Jewish Morality and the Tobacco Industry

Monday, September 30th, 2013

Advertising and marketing are everywhere we look: on billboards and blimps, on television and film, in our newspapers and magazines, on the food boxes we eat from, even on the clothes we wear. This is a far cry from our society 50 years ago – have you ever seen an old film or television show with product placement? These advertisements often increase and shift our desire and even tell us how we might feel and act. Consumer behavior shifts based not on personal needs, economic considerations, or ethical concerns, but on the power of gimmicks and social branding.

For better or worse, the United States has become the advertising capital of the world. Total U.S. advertising expenditures reached nearly $140 billion in 2012, more than a quarter of world advertising expenditures. These can range from the sponsorship of valuable cultural activities or messages urging a more healthful living style to deceptive ads from businesses that endlessly claim to be going out of business and holding one final sale.

One example of an industry full of deceptive advertising is big tobacco, which promotes one of the most addictive and life-threatening substances known to humanity. From top to bottom, it issues false propaganda. For example, in 1994, executives of seven tobacco companies testified before Congress and lied by saying that smoking tobacco was not addictive. Significantly, however, when pressed, the executives added that they hoped that their children would not become smokers.

Tobacco advertisers have proven extraordinarily resilient and successful in promoting their products. While tobacco ads have been banned from radio and television for more than a generation, they have discovered other ways to advertise. They have learned to increase their messaging through sponsoring sports and social events where people cannot avoid exposure to their logos. In addition, cigarette companies target specific populations using various tactics:

Fortunately, society can take steps against such harmful advertisements and promotions, and we can resist false messages. We no longer have to contend with smoke-filled restaurants and theaters, or feel obligated to have ashtrays in our home ready for anyone who chooses to come in and smoke at will. Also, the percentage of American smokers has declined from about 42 percent in 1965 to 19 percent in 2011. In addition, the federal government passed legislation in 2009 that empowered the FDA to regulate tobacco products and gave states the right to restrict cigarette advertising and promotion through means such as restricting the time and place where these activities could occur. Thus far, 20 states now restrict or prohibit places where free tobacco samples can be distributed. Still, today nearly 44 million Americans smoke tobacco, and in 2011 cigarette companies spent $8.37 billion on advertising and promotional activities in the United States. Advertising has the power to persuade, and to deceive.

As religious Jews, one pertinent question about advertising and its relationship to deception and promoting harmful decisions and habits is, what is halacha’s view of this?

In “The Impact of Jewish Values on Marketing and Business Practices,” Hershey Friedman, a professor at Brooklyn College, argues that while Jewish law may not explicitly forbid the influencing of consumers, it clearly violates the spirit of the law. (Specifically, it is geneivat data, deception, which is a Biblical prohibition).

The Talmud (Chullin 94a) gives an example of how business must not include any deception, towards Jews or non-Jews: “A person should not sell shoes made of the leather of an animal that died of natural causes (which is inherently weaker) under the pretense that it was made from the leather of an animal that was slaughtered.” The Shulchan Aruch bring this as halachah (CM 228:6).

Businesses need to compete, and advertising is the norm in commercial life. It is not an option to stop advertising. Further, Jewish law does embrace the notion that a reasonable person’s expectation can be assumed. One Talmudic passage gives an example:

Mar Zutra was once going from Sikara to Mahoza, while Rava and R. Safra were going to Sikara; and they met on the way. Believing that they had come to meet him, he said, “Why did you take the trouble to come so far to meet me?” R. Safra replied, “We did not know that you were coming; had we known, we would have done more than this.” Rava said to him, “Why did you say that to him? Now you have upset him.” He replied, “But we would be deceiving him otherwise.” “No, he would be deceiving himself” (Chullin 94b).

Rav Safra argues that one may not gain from the false perception of another. Rather one must proactively correct that misunderstanding to ensure an unfair moral debt is not created. Rava, on the other hand, believes there is responsibility from the other not to be self-deceived. Aaron Levine, author of “Case Studies in Jewish Business Ethics,” explains that one must not only avoid wrong but proactively assure consumers of the truth. “The seller’s disclosure obligation consists not only of a duty not to mislead in an affirmative manner but also of a requirement to disabuse the customer of his reasonable misperception about the product.”

We see from these sources that Jewish law demands that we be extremely cautious in protecting and promoting the truth. We should take note of and observe these principles in our daily interactions with our fellows on the street, in the beit midrash, in workplace, and in the voting booth and when we talk about creating regulations for advertising.

Printed from: http://www.jewishpress.com/indepth/opinions/false-advertising-jewish-morality-and-the-tobacco-industry/2013/09/30/

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