Friday, March 25, 2005

What is wrong with business law texts: a dream

In the dream, I saw paragraph upon lengthy paragraph, of text about business law. These paragraphs were very lengthy, around 800 words long. I saw them on a computer screen, black small font light-face Times New Roman on a white background. The first two or three words of each paragraph was in boldface. I think these paragraphs were paragraphs studied by JDJEDTJR the incarnation of law schools regardless of reputation. These paras dealt with various sub-subjects or sub-areas in business law.

Problem was, these paragrpahs were like a maze, as a result of which it was extremely difficult, to sort business law into various sub-categories so as to enhance the digestibility of the paragraphs and streamline the practical application of the info in the paragraphs in the real world of business law.

The paragraphs were such a maze, that my head begain to spin, and the power of my eyes to read the text grew weak.

I do not remember now exactly what it was about the content of the paragraphs and the way they were ordered in relation to each other, that turned the paragraphs into such a maze. But I have a general memory of it, and I think the description of what was wrong with the paragraphs that I shall now provide, will not contain any false "accusations" re what was wrong with the paragraphs in the dream, though it might not very accurately reflect the relative importance as faults of the various faults in the paragraphs.

The paragraphs were inconsistent in terms of definitions such as what subjects they considered to be part of a given subject inside of business law. The paragraphs conained lots of redundancy, several different paragraphs would all say the same thing; this had at least in part to do with the inconsistency regarding definitions of a subject. The paragraphs contradicted each other, due to their inconsistency re definitions such as the definition of what a given sub-area of business law is about. The paragraphs under-emphasized certain thinks while overemphasizing other things due to the inconsistency in definition.

When I awoke, I was thinking that these business law paragraphs, suffered from the same faults that I saw in BSBAALJR the incarnation of MBA schools regardless of reputation and projected as plaguing also MBA-land businesses: inconsistency and imprecision in definitions such as subject and specialty definitions leading to redundancy, contradiction, confusion, and neglect in study and actual business practice.

When I awoke I felt that the paragraphs in the dream reflected the same faults that I noticed in the extant databases re national and state statistics re court cases; I had noticed that the court cases data was in confusion due to inconsistency in definitions, reports focused on states that use a given data format, reports focused on given types of courts, and unaddressed state to state inconsistency re what kinds of cases are handled in limited courts, and lack of data on limited courts.

When I awoke I was thinking that after a few days of studying business law I came down with a cold, a cold which literally made my head feel like it was spinning, the same way my head was spinning from studying business law in the dream. But I had not attributed the onset of the cold to factors other than the study of business law.



@2005 David Virgil Hobbs

What is wrong with business law texts: a dream

In the dream, I saw paragraph upon lengthy paragraph, of text about business law. These paragraphs were very lengthy, around 800 words long. I saw them on a computer screen, black small font light-face Times New Roman on a white background. The first two or three words of each paragraph was in boldface. I think these paragraphs were paragraphs studied by JDJEDTJR the incarnation of law schools regardless of reputation. These paras dealt with various sub-subjects or sub-areas in business law.

Problem was, these paragrpahs were like a maze, as a result of which it was extremely difficult, to sort business law into various sub-categories so as to enhance the digestibility of the paragraphs and streamline the practical application of the info in the paragraphs in the real world of business law.

The paragraphs were such a maze, that my head begain to spin, and the power of my eyes to read the text grew weak.

I do not remember now exactly what it was about the content of the paragraphs and the way they were ordered in relation to each other, that turned the paragraphs into such a maze. But I have a general memory of it, and I think the description of what was wrong with the paragraphs that I shall now provide, will not contain any false "accusations" re what was wrong with the paragraphs in the dream, though it might not very accurately reflect the relative importance as faults of the various faults in the paragraphs.

The paragraphs were inconsistent in terms of definitions such as what subjects they considered to be part of a given subject inside of business law. The paragraphs conained lots of redundancy, several different paragraphs would all say the same thing; this had at least in part to do with the inconsistency regarding definitions of a subject. The paragraphs contradicted each other, due to their inconsistency re definitions such as the definition of what a given sub-area of business law is about. The paragraphs under-emphasized certain thinks while overemphasizing other things due to the inconsistency in definition.

When I awoke, I was thinking that these business law paragraphs, suffered from the same faults that I saw in BSBAALJR the incarnation of MBA schools regardless of reputation and projected as plaguing also MBA-land businesses: inconsistency and imprecision in definitions such as subject and specialty definitions leading to redundancy, contradiction, confusion, and neglect in study and actual business practice.

When I awoke I felt that the paragraphs in the dream reflected the same faults that I noticed in the extant databases re national and state statistics re court cases; I had noticed that the court cases data was in confusion due to inconsistency in definitions, reports focused on states that use a given data format, reports focused on given types of courts, and unaddressed state to state inconsistency re what kinds of cases are handled in limited courts, and lack of data on limited courts.

When I awoke I was thinking that after a few days of studying business law I came down with a cold, a cold which literally made my head feel like it was spinning, the same way my head was spinning from studying business law in the dream. But I had not attributed the onset of the cold to factors other than the study of business law.



@2005 David Virgil Hobbs

Thursday, March 24, 2005

How is it Muslims do not find "shirk" in Koranic statements such as, "WE created man from sounding clay"?

I was reading of how certain Muslims (not all of them), consider Christians to be guilty of "shirk", that is, associationing something other than God with God, and giving this thing other than God the veneration in prayer and worship and doctrine, that belongs with God alone. Aside from the question of which side is right in Iraq, some of the Muslims fighting the US troops there, consider themselves to be cleansing their land of "shirk".

Having found many passages in the Koran wherein when God's actions are discussed by the being speaking with Muhammad, there are statements such as, "Verily, all things have We created in proportion and measure...We send not the angels down except for just cause: if they came (to the ungodly), behold! no respite would they have!... We created man from sounding clay...We created not the heavens, the earth, and all between them, but for just ends", I wonder how it is that that the Koran is not found to be guilty of "shirk", by the Muslims who condemn "shirk" in religions other than Islam. When the Bible of the Christians discusses God's actions, it discusses them in the form of quoting God, "I the Lord did...", or reporting what God did, "God did this, God did that". In such instances the Bible of the Christians paints God in the singular. But when the Koran talks of God's actions, it is the being sent to Muhammad saying things like "we did this" and "we did that" in discussing God's actions. Yet the Muslims accuse the Christians of "shirk".



SHIRK WHAT IT IS

We are battling the cross worshipers in Anbar and elsewhere to defend the deen of Allah and wipe out Shirk and Mushrikeen, be it from the Zionists, cross worshipers, or apostate Iraqi guards.
-- http://www.jihadunspun.net/intheatre_internal.php?article=102030&list=/home.php&

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Shirk - Setting up partners in worship with Allah, swt.

Hadith - Qudsi 5

I am so self-sufficient that I am in no need of having an associate. Thus he who does an action for someone else's sake as well as Mine will have that action renounced by Me to him whom he associated with Me. Shirk is Unforgivable 4:48 Verily, Allâh forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases, and whoever sets up partners with Allâh in worship, he has indeed invented a tremendous sin.

-- http://muttaqun.com/shirk.html



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Al-Baiyyinah

Major Shirk (Shirk that removes a person from the religion of Islaam).

We have already established that Shirk is the greatest of all sins and that those who die upon this way are destined to enter the Hell fire because they have directed worship to other than Allaah when only Allaah has created them and even what they worship. Allaah said: “Verily, whosoever sets up partners in worship with Allah, then Allah has forbidden Paradise for him, and the Fire will be his abode. And for the Zalimun (polytheists and wrong­doers) there are no helpers.” (5:72).

Now this type of Shirk is the Major Shirk i.e. that takes a person out of the religion of Islaam and it is divided into the following categories:

(1) Associating partners with Allah in calling: this is calling upon other than Allaah in a matter which only Allaah is capable of bringing about or preventing. As He is the only one who can bring about the good things in this life and the hereafter and prevent evil things befalling a person in this life and the hereafter. Now the main concept we have to look at is capability of the creature. For example if a person is ill and goes to the pharmacy and purchases medicine to cure that sickness this is not associating a partner with Allaah, because is it upon the Muslim to do two things:

What falls into Shirk then? The answer is quite simple. When a person calls on other than Allaah to bring about or prevent a matter in which only Allaah has the capability of bringing about or preventing and this type of Shirk mainly occurs with the dead rather than living objects although less than often it would occur with living creatures. For example there are many that worship the trees, animals and living humans like Sai Baba. But we must realise that all the things whether human, animal or inanimate will die and have an end i.e. these things or creatures will return to Allaah. There are also people who worship the stars, planets, sun and moon. ... Ibn Qayyim al Jawee said: “As for Shirk in intention, this is an ocean that has no end to it and only a small amount of people are saved from it. Whoever wants by every single one of his actions other than getting closer to Allaah and intends by it not becoming closer to him has made partnership in his intention. As for the one who in some of his actions does not intend the face of Allaah or that his action has some of this type of Shirk then he isn’t out of the Religion of Islaam.

(3) Shirk in following. Allaah said in at-Tawbah 31:


But if the person knows the shaykh or scholar has changed the religion and follows him but does not believe that he is correct then he is a sinner.[1] Love for Allaah. This is not enough to save someone from the punishment of Allaah and to bring one amongst those who get his favours, for verily the idol worshippers, the cross worshippers and the Jews and other than them love Allaah.

[[4] Love with Allaah.




This is the type of love that brings one into Shirk, and whoever loves something with Allaah, not for Allaah, has taken a creature other than Allaah as worship (of course this is in the case of worship, e.g. what the Christians do in loving Jesus with Allaah and not because Allaah has ordered us to love him and this led to their going astray).

Mini Case Study on Shirk: Hinduism

One of the foundations of Hinduism is that Almighty God can manifest himself into many different forms (such as cows, elephants or monkeys) because as they claim he is all powerful and all mighty and therefore capable of this transformation. Hence they will say that their worship is not idol worship, but worship of Almighty God manifest in these creatures and images. And this notion is refuted in many ways:

(1) God Almighty is the all powerful and all mighty and these creatures that you worship are not all powerful and all mighty. These creatures themselves have to nourish themselves by what Allaah has provided for them and as explained earlier Allaah is their provider who possesses all power and strength and he is not the one being provided for.

(2) We as human beings also must not describe a thing except as how it has described itself. If we do opposite to this we will be liars. For example if it is that I described Adolf Hitler or Joseph Stalin as charitable and upstanding men of good character one would say that I am a liar. Yet many have chosen to speak about God and describe him with other than which he had described himself.

-- http://www.jihadonline.bravepages.com/b6.htm

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EXAMPLES OF THINGS IN ISLAMIC THAT SEEM SIMILAR TO WHAT ISLAM CALLS "SHIRK":
Surah 54. The Moon
1. The Hour (of Judgment) is nigh, and the moon is cleft asunder...

15. And We have left this as a Sign (for all time): then is there any that will receive admonition?

16. But how (terrible) was My Penalty and My Warning?

17. And We have indeed made the Qur'an easy to understand and remember: then is there any that will receive admonition?

18. The 'Ad (people) (too) rejected (Truth): then how terrible was My Penalty and My Warning?

19. For We sent against them a furious wind, on a Day of violent Disaster,

20. Plucking out men as if they were roots of palm-trees torn up (from the ground).

21. Yea, how (terrible) was My Penalty and My Warning!

22. But We have indeed made the Qur'an easy to understand and remember: then is there any that will receive admonition?

31. For We sent against them a single Mighty Blast, and they became like the dry stubble used by one who pens cattle.

32. And We have indeed made the Qur'an easy to understand and remember: then is there any that will receive admonition?

33. The people of Lut rejected (his) warning.

34. We sent against them a violent Tornado with showers of stones, (which destroyed them), except Lut's household: them We delivered by early Dawn,-

40. And We have indeed made the Qur'an easy to understand and remember: then is there any that will receive admonition?

49. Verily, all things have We created in proportion and measure.

-- http://www.wam.umd.edu/~stwright/rel/islam/Quran/54.html



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Surah 15. Al-hijr,
1. A. L. R. These are the Ayats of Revelation,- of a Qur'an that makes things clear.

2. Again and again will those who disbelieve, wish that they had bowed (to Allah.s will) in Islam...

4. Never did We destroy a population that had not a term decreed and assigned beforehand.

8. We send not the angels down except for just cause: if they came (to the ungodly), behold! no respite would they have!

9. We have, without doubt, sent down the Message; and We will assuredly guard it (from corruption).

10. We did send apostles before thee amongst the religious sects of old:

12. Even so do we let it creep into the hearts of the sinners -

14. Even if We opened out to them a gate from heaven, and they were to continue (all day) ascending therein,

15. They would only say: "Our eyes have been intoxicated: Nay, we have been bewitched by sorcery."

16. It is We Who have set out the zodiacal signs in the heavens, and made them fair-seeming to (all) beholders;

17. And (moreover) We have guarded them from every evil spirit accursed:

18. But any that gains a hearing by stealth, is pursued by a flaming fire, bright (to see).

19. And the earth We have spread out (like a carpet); set thereon mountains firm and immovable; and produced therein all kinds of things in due balance.

20. And We have provided therein means of subsistence,- for you and for those for whose sustenance ye are not responsible.

21. And there is not a thing but its (sources and) treasures (inexhaustible) are with Us; but We only send down thereof in due and ascertainable measures.

22. And We send the fecundating winds, then cause the rain to descend from the sky, therewith providing you with water (in abundance), though ye are not the guardians of its stores.

23. And verily, it is We Who give life, and Who give death: it is We Who remain inheritors (after all else passes away).

26. We created man from sounding clay, from mud moulded into shape;

27. And the Jinn race, We had created before, from the fire of a scorching wind.

47. And We shall remove from their hearts any lurking sense of injury: (they will be) brothers (joyfully) facing each other on thrones (of dignity).

52. When they entered his presence and said, "Peace!" He said, "We feel afraid of you!"

53. They said: "Fear not! We give thee glad tidings of a son endowed with wisdom."

55. They said: "We give thee glad tidings in truth: be not then in despair!"

58. They said: "We have been sent to a people (deep) in sin,

59. "Excepting the adherents of Lut: them we are certainly (charged) to save (from harm),- All -

60. "Except his wife, who, We have ascertained, will be among those who will lag behind."

63. They said: "Yea, we have come to thee to accomplish that of which they doubt.

64. "We have brought to thee that which is inevitably due, and assuredly we tell the truth.

66. And We made known this decree to him, that the last remnants of those (sinners) should be cut off by the morning.

70. They said: "Did we not forbid thee (to speak) for all and sundry?"

74. And We turned (the cities) upside down, and rained down on them brimstones hard as baked clay.

79. So We exacted retribution from them. They were both on an open highway, plain to see.

81. We sent them Our Sings, but they persisted in turning away from them.

85. We created not the heavens, the earth, and all between them, but for just ends. And the Hour is surely coming (when this will be manifest). So overlook (any human faults) with gracious forgiveness.

87. And We have bestowed upon thee the Seven Oft-repeated (verses) and the Grand Qur'an.

88. Strain not thine eyes. (Wistfully) at what We have bestowed on certain classes of them, nor grieve over them: but lower thy wing (in gentleness) to the believers.

90. (Of just such wrath) as We sent down on those who divided (Scripture into arbitrary parts),-

92. Therefore, by the Lord, We will, of a surety, call them to account,

95. For sufficient are We unto thee against those who scoff,-

97. We do indeed know how thy heart is distressed at what they say.

-- http://www.wam.umd.edu/~stwright/rel/islam/Quran/15.html



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"The Smoke"
In the name of Allah, the Beneficent, the Merciful.

"44.1": Ha Mim!...

"44.3": Surely We revealed it on a blessed night surely We are ever warning --

"44.28": Thus (it was), and We gave them as a heritage to another people.

"44.30": And certainly We delivered the children of Israel from the abasing chastisement,

"44.32": And certainly We chose them, having knowledge, above the nations.

"44.33": And We gave them of the communications wherein was clear blessing.

"44.35": There is naught but our first death and we shall not be raised again.

"44.37": Are they better or the people of Tubba and those before them? We destroyed them, for surely they were guilty.

"44.38": And We did not create the heavens and the earth and what is between them in sport.

"44.39": We did not create them both but with the truth, but most of them do not know.

"44.54": Thus (shall it be), and We will wed them with Houris pure, beautiful ones.

"44.58": So have We made it easy in your tongue that they may be mindful.

- http://etext.lib.virginia.edu/etcbin/toccer-new2?id=HolKora.sgm&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=44&division=div1



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SURAH 51 DRIVERS OF THE WINDS

[51:0] In the name of God, Most Gracious, Most Merciful...

[51:32] They said, "We have been dispatched to criminal people.

[51:33] "We will shower them with rocks of clay.

[51:35] We then delivered all the believers.

[51:36] We did not find in it except one house of submitters.

[51:37] We set it up as a lesson for those who fear the painful retribution.

[51:38] In Moses (there is a lesson). We sent him to Pharaoh with manifest proofs.

[51:40] Consequently, we punished him and his troops. We threw them into the sea, and he is the one to blame.

[51:47] We constructed the sky with our hands, and we will continue to expand it.

[51:48] And we made the earth habitable; a perfect design.

[51:49] We created a pair (male and female) of everything, that you may take heed.

-- http://www.submission.org/suras/sura51.html



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SURAH

[50:4] We are fully aware of anyone of them who gets consumed by the earth; we have an accurate record.

[50:6] Have they not looked at the sky above them, and how we constructed it and adorned it, without a flaw?

[50:7] And we created the earth, and scattered on it mountains, and grew in it all kinds of beautiful plants.

[50:9] And we sent from the sky blessed water, to grow with it gardens and grains to be harvested.

[50:11] Provisions for the people. And we revive with it dead lands; you are similarly resurrected.

[50:15] Were we too burdened by the first creation? Is this why they doubt resurrection?

[50:16] We created the human, and we know what he whispers to himself. We are closer to him than his jugular vein.

[50:22] You used to be oblivious to this. We now remove your veil; today, your vision is (as strong as) steel.

[50:30] That is the day when we ask Hell, "Have you had enough?" It will say, "Give me more."

[50:35] They get anything they wish therein, and we have even more.

[50:36] Many a generation before them, who were more powerful, we annihilated. They searched the land; did they find an escape?

[50:38] We have created the heavens and the earth, and everything between them in six days, and no fatigue touched us.

[50:43] We are the ones who control life and death; to us is the final destiny.

[50:45] We are fully aware of everything they utter, while you have no power over them. Therefore, remind with this Quran, those who reverence My warnings.

-- http://www.submission.org/suras/sura50.html



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surah 23 SURAT AL-MUMINUN


1. Successful indeed are the believers...

12. And indeed We created man (Adam) out of an extract of clay (water and earth).

13. Thereafter We made him (the offspring of Adam) as a Nutfah (mixed drops of the male and female sexual discharge) (and lodged it) in a safe lodging (womb of the woman).

14. Then We made the Nutfah into a clot (a piece of thick coagulated blood), then We made the clot into a little lump of flesh, then We made out of that little lump of flesh bones, then We clothed the bones with flesh, and then We brought it forth as another creation. So blessed be Allâh, the Best of creators.[]

17. And indeed We have created above you seven heavens (one over the other), and We are never unaware of the creation.

18. And We sent down from the sky water (rain) in (due) measure, and We gave it lodging in the earth, and verily, We are Able to take it away.

19. Then We brought forth for you therewith gardens of date-palms and grapes, wherein is much fruit for you, and whereof you eat.

21. And Verily! In the cattle there is indeed a lesson for you. We give you to drink (milk) of that which is in their bellies. And there are, in them, numerous (other) benefits for you, and of them you eat.

23. And indeed We sent Nûh (Noah) to his people, and he said: "O my people! Worship Allâh! You have no other Ilâh (God) but Him (Islâmic Monotheism). Will you not then be afraid (of Him i.e. of His Punishment because of worshipping others besides Him)?"

24. But the chiefs of those who disbelieved among his people said: "He is no more than a human being like you, he seeks to make himself superior to you. Had Allâh willed, He surely could have sent down angels; never did we hear such a thing among our fathers of old.


27. So We inspired him (saying): "Construct the ship under Our Eyes and under Our Revelation (guidance). Then, when Our Command comes, and the oven gushes forth water, take on board of each kind two (male and female), and your family, except those thereof against whom the Word has already gone forth. And address Me not in favour of those who have done wrong. Verily, they are to be drowned.


30. Verily, in this [what We did as regards drowning of the people of Nûh (Noah)], there are indeed Ayât (proofs, evidences, lessons, signs, etc. for men to understand), for sure We are ever putting (men) to the test.

31. Then, after them, We created another generation.

32. And We sent to them a Messenger from among themselves (saying): "Worship Allâh! You have no other Ilâh (God) but Him. Will you not then be afraid (of Him i.e. of His Punishment because of worshipping others besides Him)?"

37. "There is nothing but our life of this world! We die and we live! And we are not going to be resurrected!

38. "He is only a man who has invented a lie against Allâh, but we are not going to believe in him."

41. So As-Saîhah (torment - awful cry, etc.) overtook them with justice, and We made them as rubbish of dead plants. So away with the people who are Zâlimûn (polytheists, wrong-doers, disbelievers in the Oneness of Allâh, disobedient to His Messengers, etc.).

42. Then, after them, We created other generations.

44. Then We sent Our Messengers in succession, every time there came to a nation their Messenger, they denied him, so We made them follow one another (to destruction), and We made them as Ahadîth (the true stories for mankind to learn a lesson from them). So away with a people who believe not.

45. Then We sent Mûsa (Moses) and his brother Hârûn (Aaron), with Our Ayât (proofs, evidences, verses, lessons, signs, revelations, etc.) and manifest authority,

47. They said: "Shall we believe in two men like ourselves, and their people are obedient to us with humility (and we use them to serve us as we like)."

49. And indeed We gave Mûsa (Moses) the Scripture, that they may be guided.

50. And We made the son of Maryam (Mary) and his mother as a sign, And We gave them refuge on high ground, a place of rest, security and flowing streams.

55. Do they think that We enlarge them in wealth and children,

56. We hasten unto them with good things (in this worldly life so that they will have no share of good things in the Hereafter)? Nay, but they perceive not.

62. And We tax not any person except according to his capacity, and with Us is a Record which speaks the truth, and they will not be wronged.

64. Until, when We grasp those of them who lead a luxurious life with punishment, behold! They make humble invocation with a loud voice.

71. And if the truth had been in accordance with their desires, verily, the heavens and the earth, and whosoever is therein would have been corrupted! Nay, We have brought them their reminder, but they turn away from their reminder.

75. And though We had mercy on them and removed the distress which is on them, still they would obstinately persist in their transgression, wandering blindly.

76. And indeed We seized them with punishment, but they humbled not themselves to their Lord, nor did they invoke (Allâh) with submission to Him.

77. Until, when We open for them the gate of severe punishment, then lo! They will be plunged into destruction with deep regrets, sorrows and in despair.

82. They said: "When we are dead and have become dust and bones, shall we be resurrected indeed?

83. "Verily, this we have been promised, we and our fathers before (us)! This is only the tales of the ancients!"

90. Nay, but We have brought them the truth (Islâmic Monotheism), and verily, they (disbelievers) are liars.

95. And indeed We are Able to show you (O Muhammad SAW) that with which We have threatened them.

96. Repel evil with that which is better. We are Best-Acquainted with the things they utter.

106. They will say: "Our Lord! Our wretchedness overcame us, and we were (an) erring people.

107. "Our Lord! Bring us out of this; if ever we return (to evil), then indeed we shall be Zâlimûn: (polytheists, oppressors, unjust, and wrong-doers, etc.)."

109. Verily! There was a party of My slaves, who used to say: "Our Lord! We believe, so forgive us, and have mercy on us, for You are the Best of all who show mercy!"

113. They will say: "We stayed a day or part of a day. Ask of those who keep account."

115. "Did you think that We had created you in play (without any purpose), and that you would not be brought back to Us?"

-- http://www.ummah.net/what-is-islam/quran/noble/nobe023.htm



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World should focus on use of most productive per hour worked labor not most productive per dollar paid labor

The current theory of economics, has produced a world that is in a frenzy to have goods and services produced by those who produce the most units of production per dollar they are paid. This is a mistake. The world should be focused on having goods and services produced by those who produce the most per hour spent working on the job.

People need income in order to produce healthy functioning children. The emphasis on productivity per dollar paid, shifts income from those who produce the most per hour worked, to those who produce the most per dollar paid. This interferes with the reproductive ability, of those who produce the most per hour worked, this despite the fact that, reasonably speaking, the world should be focused more on the reproduction of workers who produce the most per hour worked, than on the reproduction of those who produce the most per dollar paid.

Economic circumstances that result in this or that worker being at the top in terms of productivity per dollar paid, are in a constant state of flux. Workers of a given locality may produce the most per dollar paid today, that does not mean workers in that given locality will produce the most per dollar paid thirty years from now.

Generally speaking, leaving out the factor that workers differ in terms of how their productivity per hour is effected by their pay, if you pay the workers who produce the most per hour worked the same amount as you pay the workers who produce the most per dollar paid, the workers who produce the most per hour worked will be the ones who will produce the most per dollar paid.

It makes sense to have the people of the world doing what they are most productive at per hour worked, as opposed to what they are most productive at per dollar paid.

The alternative, the society where people do not do the things they are more productive at per hour worked compared to other workers, is like a football team where the skinny wide receiver plays defensive tackle which is a position where you need strength and weight, and the slow heavy offensive tackle plays the position played by fast quick men, the defensive back position.

The alternative society where people do not do the things they are more productive at per hour worked compared to other workers, is like a society where everyone works 100 hours per week so they can live like paupers, compared to a society where everyone works 20 hours a week so they can live like kings.

When a society switches from most-productive-per-dollar-paid labor to most-productive-per-hour-worked labor, the net result quite conceivably, can be a society where despite higher prices, the income of the society relative to the prices it faces, is higher than the income of the society relative to prices given the use of most-productive-per-dollar-paid labor.

This is due to an increased amount of money being released into circulation in the economy in the form of spending. For example if the wealthy banker in town has to release $10k per year into the economy for a given service, instead of $5k, the positive effects of the increased spending by the banker for the society, will be enhanced through multiplier effects as the increased amount of money spent travels from hand to hand in the society through transactions as goods and services are bought and sold.

An individual entity in a society could be unharmed by increased cost of a given good or service that becomes produced by most-productive-per-hour-worked labor instead of most- productive-per-dollar paid labor, due to increased spending by the productive labor on goods and services sold by the given individual entity.

The switch in terms of location of production created by a switch from most-productive-per-dollar-paid labor to most-productive-per-hour-worked labor, could cause spinoff effects that are positive for the society consuming the produced goods and services, and that outweigh the increase in price caused by the change to most-productive-per-hour-worked labor, due to the increased income and sales the society experiences as a result of the change of venue in production, as producers use their wages to buy from X, who uses what he gets from producers to buy from Y, who uses what he gets from X to buy from Z, and so forth.

The increased costs that result from use of most-productive-per-hour-worked labor, are in a sense not actually a cost to society as a whole at all, because the productive labor invests and spends its money creating income and sales producing chain reactions in society.

to here True a switch in emphasis from most-productive-per-dollar-paid labor to most-productive-per-hour-worked labor, could damage certain societies, which do not contain people who excel in terms of production per hour. True, if the world encountered evil creatures who were highly productive per hour worked the world would be foolish to consider itself obligated to lose its shirt to these creatures in trade. Societies of the world need to take steps to guard against experiencing damage due to a switch to the use of most-productiveper-hour-worked labor.

Nevertheless, the general principle that the world should focus on most productive per hour worked labor instead of most productive per dollar paid labor holds. Just as economists have argued that emphasis on the use of most productive per dollar paid labor makes sense because different societies excel in different ways in terms of such productivity, so also it can be argued that different societies excel in different ways in terms of what they are more productive in per hour worked compared to other societies.

A switch in emphasis from productivity per dollar paid to productivity per hour worked, would facilitate a switch to an increased willingness to pay workers more so that their productivity per dollar paid and per hour worked can increase, based on an understanding of how the so called increased costs of labor are not in a sense really increased costs at all because when labor spends income and sales chain reactions are created. This as opposed to a petty and unkind emphasis on getting the most out of labor per dollar paid, which goes hand in hand with a foolish failure to understand how increased pay increases productivity, and, is not in a sense actually a cost to society, because of the economic chain reactions created when labor spends.

It would be foolish for all those whose work does not involve manual labor to turn their nose up at the ideas I have presented here. In the world of the economist, doctors, lawyers, policemen, scientists, are all forms of "units" of "labor" producing "units" of production of "goods and services".



@2005 David Virgil Hobbs

Monday, March 21, 2005

Dream about being in a library in Germany

Dream I had night of March 21 (no melatonin involved)

In the dream, I was in a library in Germany. It seemed like a modern, public, neighborhood library. The shelves were about five feet tall, a light brown color. The carpet was a color like a combination of blue and light gray. There were young men and middle aged men around me, about a yard to a couple of yards away from me. I saw one of them well enough to notice what he looked like: he was a smiling white guy, average or slightly above average in height, of a slim build, clean shaven, with a narrowish face, fairly handsome, with normal length slightly wavy black hair, wearing a white long sleeved shirt and no tie. He was about a yard in front of me, bending over for some reason, I saw his face in profile. He was smiling about something but he was'nt looking directly at me. His smiling face was not concave, but for some reason it still reminded me of the crescent moon, maybe because when people smile, their chin moves out and up slightly while their lips move back. There was also a young pleasant looking clean shaven white guy with straight brown hair, cut sort of boyishly like the bowl-cut, longer than an adults, near me who I did not get a good look at.

I felt aware of the brown color of my skin in the latest photos of me, I saw that color in my mind's eye. I was wondering how Germans would treat me. I was wondering what Germans were like. I had run into German-americans in my life, but not Germans from Germany. I was wondering how Germany Germans differed from German-americans. The impression I had of the men in the library, was that they were intelligent enough, of at least above average in intelligence in terms of the typical IQ way of looking at things, and also intelligent in a way that does'nt show up in IQ tests, more intelligent than people of other nations in this way that does'nt show up on IQ tests. They seemed to be intelligent in this different way, and also civilized. Seemed like they were the type that used what intelligence they had, and acted on the intelligence they had. They did not seem like the type that arrives at intelligent conclusions but neglects those conclusions behaviorally; they did not seem like the type that has a good mind but neglects to use it. Seemed you could sort of feel how they were from a higher class of people than the German-americans.

Sunday, March 20, 2005

JDJEDTJR flirting with a defective contracts cases database cause for alarm

JDJEDTJR the incarnation of Law Schools regardless of reputation, has to deal with a database of stats that have been compiled regarding civil cases such as contract cases, that is a database that is quite imperfect and backwards. Given the defects in JDJEDTJR's approach to law in areas of the law that have nothing to do with such databases, the imperfection of such databases gives cause for alarm, seeing that the highly imperfect JDJEDTJR is the one who has to deal with such databases. When JDJEDTJR is excelling himself, when he is at his heights, he begins to pay about a tenth as much attention to such stats as should be paid to them.

Different statistical reports on civil and contract cases define the term "civil cases" differently. The groups of cases that they consider to be part of the "civil case" group varies. This results in unnecessary difficulties with regards to the extropolation of statistics from such stats. It should not be necessary for the reader to make the extropolations, they are basic extrapolations that should already have been made by the inefficient agencies that produces the reports, but there you have it.

The types of cases limited courts handle vary from state to state, and the quantity of cases limited courts handle vary from state to state. This creates problems for the extrapolator, because the extrapolator is working with unified court or general jurisdiction court data, and there is an absence of data on limited court cases.

Most of the Civil and Contracts case statistics reports available, report on 10 states, or on 17 states, or on 19 states, or on 26 states; almost never do they supply comprehensive data for all 50 states. This is because the data collectors are oriented to collecting data for unified courts for a report, and for general jurisdiction courts for another report, and for states able to supply a given kind of data for another report, and so on and so forth. Those producing the reports should peg their samples to the nation as a whole in various characteristics, so as to make things easier for extrapolators who have to extrapolate numbers that they should not even have to extrapolate, numbers that those producing the reports should have extrapolated, basic, fundamental numbers.

The most important reports in the database of US civil and contract cases, are reports that cover general jurisdiction court activity in the 75 most populous counties in the nation, counties that handle about half the civil cases in the nation. These reports ignore the question of what about unified courts in these 75 counties? Who knows how long it would take to get the clarification re unified vs general courts in these 75 counties out of the bureaucracies that produced these reports.

Since some of the reports provide data regarding unified courts, whereas other reports provide data regarding general courts, there is a problem extrapolating from data on unified courts to estimates regarding states with general and limited jurisdiction courts; and there is a problem extrapolating such data from general jurisdiction courts to estimats re areas using a unified court system.

Nothing is known about civil cases in limited courts. There is no data to be found regarding characteristics and quantities of cases in limited courts. This throws off extroplations and estimates, because what is a limited court case in one state is a unified court or general court case in another state. The limited courts vary widely in the significance of the cases they hear some hear only cases where less than $3500 is at stake others hear only cases where less than $50,000 is at stake.

The only estimate to be found on the quantities of "small claims" is that they are "more than a million". There is an absence of data on small claims cases which are sometimes counted as civil cases such as contract cases. This throws off estimates and extrapolations because what winds up in limited court popularly known as small claims court in one state winds up in unified court or general jurisidiction court in another state.

The deficiencies in data in areas such as small claims and limited courts, throw off efforts to zero in on how quantities and characteristics of cases that are at a certain level in terms of how much money is at stake.

What is needed is tables such as a spreadsheet data table, showing how many civil cases such as contract cases featuring plaintiffs seeking a given level of compensation were filed during a given time period, regardless of whether they were filed in unified, general, or limited court. As things now stand there are problems with producing such tables that are caused by factors such as lack of data on limited courts and small claims, and data being restricted to states with certain court systems and-or certain data collection systems.

The data should be produced in computerized database form so that it can produce spreadsheets that are reconfigurable so that data columns can be inserted showing the results of mathematical operations performed on the data in the database.

The problem of getting data in one format to another should be resolved intelligently with a minimum of keyboard input. This requires information about the database formats used in the various states. Most probably JDJEDTJR's abilities when it comes to integrating various sources into hip configureable databases are as weak as BSBAALJR's financial accounting gurus (BSBAALJR is the incarnation of B-schools regardless of reputation)



@2005 David Virgil Hobbs
These are my opinions at the current time; they may not coincide exactly with fact.

Sowell the 'negro' applicant for Waffen SS Bureau Economic Warfare?


Thomas Sowell was on the Walter Williams show today, it was the most
interesting twenty minutes of radio I have heard in a while. His manner of
talking was charming. He talked about how in the south the German-american
farmers prospered in an area where the non-german white americans became
poverty stricken. He mentioned how the Russian General Staff was 40% German
though Russia was only 1% German. He said that any time you leave out govt
meddling you get a preponderance of a certain in group in certain positions
such is nature.

Yet Sowell sounded like a "negro" seeking to be admitted to some prestigious
German association that promotes international free trade, this at a time
when US trade deficits are at a half trillion and US foreign debt is in the
trillions. My reaction was, is a people required to destroy itself, if it
encounters a group that is more militarily or industrially talented than it
is? Does'nt Sowell realize that differences in natural ability between
groups are not the only factor producing trade imbalances between nations?

Does Germany realize that though free trade might be good for Germany, other
versions of "free trade" practiced between nations other than Germany might
not be good for Germany/Germans? Has Germany adopted an excessively fanatic,
dogmatic one-size-fits-all, ultimately self-destructive demagogic
hyper-enthusiasm for universal "free trade"? Does survival of Germany trump
all other considerations? Could Germany be trashing itself via a course of
action (promotion of universal international free trade) that gives it
regional dominance in the short term? How German is Germany promoting
policies that strengthen Germany while ruining Germanics in general? Is
Germany messing up by disrupting the production of children outside of
Germany who could provide suitable wives and husbands for Germans? Did the
Fuehrer do any market research on the feeling of German-american females
married to ancestrally speaking mostly un-German American males, or on the
feelings of German-american males married to "un-German-american" females?

I have had positive dreams about Germany and Germans. Once I had a negative
dream about Germany and Germans. In real life I had seen this woman, who
I'll refer to here as EH. EH looked quite attractive running track for her
university track team at meets I watched, when she wore long bangs on her
forehead. She looked normal. She came on to me verbally and via body
language. I had a dream in which she was Germany, and she, Germany, had done
its part with regards to me. Then I saw at a meet when she wore her hair
combed back in a pony tail so as to reveal her forehead, that she was
deformed. Her forehead area was too big. Then I dreamed that she was in the
back of a white pickup truck riding in it standing up, and she looked like
an exaggeration of herself, her forehead area was even bigger than it is in
real life. In the dream I looked at her riding in the rear of the white
pickup truck and felt very terrified; she seemed very evil. But her
university had admitted her to the university thus I felt that as a visitor
on the university campus I should treat her with the same respect the
university did when it admitted her as a student. I had had it drummed into
my little head, that dreams are just dreams. SInce I had had positive and
negative dreams about her I wanted to test out what would happen if I
emailed her. I sent her an inoccuous email. Then before I got a reply I sent
her another one with afterthoughts. She became "emotionally distraught"; and
to my shock and surprise the campus cop barred me from campus, claiming that
a second email (the after-thought email) when there is no reply to the first
email is "harassment".

Germany, is 30 percent atheist according to this poll that came out last
month I will try to link to. The US is only 5% atheist. Could it be that
Germans are by nature--though they are able to overcome this natural
mis-tendency--too cerebral? As much as we admire German believers, could it
be that the 30% atheist in Germany could sieze power in Germany? Seems the
5% atheist in the US have disproportionate power in the US.

East Germany, which was under communist rule, is 78% atheist, whereas West
Germany, which was under liberal democratic rule, is only 22% atheist. Yet
Russia, which also was under communist rule and which ruled over communist
East Germany, is less than 20% atheist. What does that tell you? The German
is a human being; the German is much more easily brainwashed into atheism
than the Russian is.

Sure German women are electric types; brief interactions with them can
produce immediately in a person, a feeling of being spiritually
'electrified', a feeling of being in touch with God. But is this
instant-electro-coffee attribute the only honorable or valuable quality to
be found in a human being? Are there not other qualities that by themselves
or in combination with other qualities are as important as the
instant-electro-coffee quality? Could it be that the instantaneously
electrifying type of woman, is nevertheless relatively weak in certain
qualities such as personal loyalty, civic courage, and long-term impact on
others?

@2005 David Virgil Hobbs

JDEDJEDTJR's first plunge into Contract Law, Out of Touch with Reality

JDJEDTJR, the incarnation of law schools regardless of alleged quality, emphasizes above all Contract Law texts, "the Death of Contract", by Gilmore,( http://www.amazon.com/gp/reader/081420676X/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S003#reader-link ) written in 1995, lamenting Contract Law becoming irrelevant.

Actually, Contract Law filings though as of 2002 down 14% compared to 1987, were as of 2002 up 21% compared to 1995 the year Gilmore wrote his book.

The phantom that Gilmore called the "death of contract", was an illusion based in part on a general decline since 1993 of 32% in terms of number of Civil Trials in general, which outpaced a 12% decline in Civil Dispositions in general in the same period. This combined with a decline in Contract Law filings which leveled off in 1995, the same year Gilmore wrote his book, to produce the illusory "Death of Contract" phantom.

The general decline in the utilization of jury and bench trials, did not in reality signify the death of contract law. Rather it signified that plaintiffs and defendants were increasingly settling their disputes without trial. This does not in and of itself signal the death of contract law, because when parties settle their disputes out of court, the sword of Damocles hanging over their heads is the danger that the opposing party will drag them into court, and , therefore, when out of court or contemplating avoiding court, the opposing parties in their negotiations must continue to keep in mind events that might occur if the matter were eventually to end up in court, and therefore must continue to keep in mind contract law.

JDJEDTJR's favorite contracts law how-to basic textbook, Contract Law by Catherine Elliott, ( http://www.amazon.com/exec/obidos/tg/detail/-/0582473306/qid=1111217492/sr=1-1/ref=sr_1_1/002-6320582-2337641?v=glance&s=books ) addresses in general contract law litigation.

Problem is, in the US, contract law cases that actually go to trial, are approx only 3% of all contract cases, 0.3% of all civil cases above the small-claims small-fry level, and 0.1% of all cases above the small-claims small-fry level.

By way of contrast, getting more specific than contract cases in general, specifically US contract cases involving a business filing against another business, and then settling out of court, such contract cases amounted to approx 20% of all contract cases, 2.1% of all civil cases above the small-claims small-fry level, and 0.8% of all cases above the small-claims small-fry level.

JDJEDTJR plunges into a detailed study of, generally speaking, contracts law trial, examining a situation that is extremely uncommon in the US. The more specific example of a business filing a contract law civil suit against another business and then settling out of court, is six times more common than the example of contract law trials in general.

JDJEDTJR would get his students closer to reality, if he introduced his students to contract law by focusing on an example of a business filing suit against a business and then settling out of court. Methods learned looking at the specific business vs business settled out of court example could be applied to cases not of the business vs business settled out of court type. The best way that JDJEDTJR could approach such an example, would be through an HTML flowchart constructed using a scripting language such as javascript.

But JDJEDTJR's first leap into contracts law, is instead, a generalized discussion of contract trial law, which of course he fails to combine with scripting language based flowcharts.

Inferences re case frequency in this section extrapolated from:
http://www.ojp.usdoj.gov/bjs/pub/pdf/ccilc.pdf
http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Main_Page.html
http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Tort_Contract.pdf
http://www.ncsconline.org/D_Research/csp/2003_Files/2003_Overview_Graphics.pdf







@2005 David Virgil Hobbs
These are my opinions at the current time; they may not correspond exactly with fact

Saturday, March 19, 2005

JDJEDT's confusing obfuscatory Contracts Guru

JDJEDTSR is the incarnation of combined reputation and quantity in law schools. You could say that Civil Procedure is the subject most emphasized by JDJEDTSR, but you could also say that Contracts is the subject he most emphasizes. See when JDJEDTSR teaches law he always teaches Civil Procedure before he teaches contracts; yet he actually teaches contracts more than he teaches Civil Procedure because the mavericks amongst his lawyer-training-gurus address Contracts but not Civil Procedure.

JDJEDTJR is the incarnation of law schools without regard for alleged quality. JDJEDTJR's favorite Contracts sacred text is "The Death of Contract", by Gimore (1995) ( http://www.amazon.com/gp/reader/081420676X/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S003#reader-link ).

Finally after studying "the Death of Contract" book and terms used in it for hours, I realized that, the title of the book, refers, not to contracts becoming unworkable or obsolete, but to contract law becoming irrelevant, as contractors resort to extra-judicial private sector mediation and arbitration.

Imagine that. The title implies that the book is an astounding proof that contracts have become unworkable and or obsolete; whereas what the book is really saying, is, that contract LAW is dying because contracting parties are sick of resorting to it to solve disputes.

JDJEDTJR's favorite contracts guru, starts getting confusing with the very first three words of his book, the title. The introductory paragraphs in his book are as if covered by a smokescreen to the extent that after reading them one still cannot tell whether the idea is that contracts are dead, or that contract law is dead.

The very first three words of this writer's book cause confusion like a roadblock, a halt of progress in understanding law comparable to a defensive tackle halting a lithe receiver; and yet this writer and JDJEDTJR wonder why contracting parties no longer resort to public sector adjudication. They do'nt resort to the public sector because people like JDJEDT's favorite contracts guru, are so unspeakably and selfishly obfuscatory and intellectually self-centered.

The Guru is a professor of law. If laws regarding a given human activity become "irrelevant", to him it is as if that human activity had become extinct, because he sees everything, through the eyes of a law professor not through the eyes of a human being. To him, contracts are dead because the study of the law of contracts has become useless. To him, God is dead because the study of the laws of God, have become useless. And so forth.

To him, the non-human law guru, tennis is dead because style A of tennis has been replaced by style B of tennis whereas the guru specializes in style A of tennis. What egotism. And this guru does not shrink from inflicting such egotistic obfuscation on those outside of his specialty, who are even less able to understand mysterious titles such as "the death of contract" followed by mysterious verbiage, than those inside of his specialty.

Here is a book being used to educate law students, who are in the process of transforming themselves from generalists into specialists, and it plunges into opaque phraseology such as "the death of Contract".

The world is becoming more and more like a place wherein advances are made through loops such as specialist-generalist-specialist, or generalist-specialist-generalist, as info moves between groups that were previously more isolated from each other. Yet JDJEDTJR's favorite contracts text, starts the confusion which hits generalists especially hard, in its very first four words, its title.

JDJEDT's fascination with Gilmore's "the Death of Contract", is a classic example of texts that are hard to understand because they are incompetently written by poor communicators, being considered excellent, simply because they are hard to understand, and, duh, likewise, the most advanced thinkers are hard to understand because they are more advanced relative to their students than the less advanced thinkers are.





@2005 David Virgil Hobbs
These are my opinions at the present time, they are opinions that may not coincide exactly with fact.

Fw: Indian Flood, Nude MIT race, -- Dreams


Dreams I have had since March 3.

The Indian Flood

India had been hit by a flood. for at least a few dozen yards inland, its
land had been covered by about six feet of clay that had been washed on to
the land by the flood. The Indians were excavating in the clay that the
flood had washed up, looking for archaeological artifacts.

The Nude race at MIT

In the dream there was a nude race indoors at MIT through the MIT hallways.
It was some kind of benefit. Though the race was supposed to be a nude race
the runners were clothed. I saw this woman about five ten inches in height,
with a wide and stocky build, from about ten yards away, from the rear of
her and to the right of her, as she was jumping a hurdle in this race. She
was white with straight brown hair, she wore a tight black body-hugging
short sleeved shirt and tight black shorts of the type that have been
replacing the bikini bottom type things at track meets and volleyball games.
She seemed a fast and strong runner. Seemed to me that she was the woman
from the nails shop on Main St. In the dream she was less stocky than she
was the last time I saw her.

In real waking life watching the Marathon I saw a busty woman wearing an MIT
shirt running the race. As she ran by me, the way it seemed to me, was, that
upon seeing me, and for at least a few seconds thereafter, she developed an
agonized expression on her face, which I felt indicated to me how attractive
I am to her. I marveled that after running about 16 miles she would still be
able to be so excited about seeing me. I sent some emails out to people
connected to her in which I didnt mention her best as I can recall. I can
imagine being put through all kinds of unnecessary hassles and tension by
people I encounter should I attempt to track her down. I have had some
dreams about her that she is one of a few wives. I have heard some rumor
that she is into me. But nevertheless I feel terrorized at the prospect of
attempting to hunt her down.

I had another dream along with the one described here but an aquaintance
rang the bell on my apartment and babbled away non-stop, and the noise of
him babbling disrupted my train of thought and I forgot this other dream.

Fw: BSBAALJR'S babblings regarding "operations management"


BSBAALSR personifies B-school alleged-quality combined with B-school
quantity. Operations Management is the third of three topics that are most
pre-eminent in BSBAALSR's mind, along with "Global Competitive Strategy" and
"marketing".

My new original definition of "Operations Management" (OM)

Some of the corporate functions a significant percentage of MBA gurus
consider to be "Operations Management" (OM) functions, such as product
development and product distribution, seem to be considered to be marketing
functions in the eyes of another significant group of MBA gurus, who define
marketing as the four P's: Place for distribution, getting the product to
the consumer; Product for conception of product, dreaming it up; Pricing for
what the product is priced at and Promotion for sales and advertising. For
example according to http://www.mapnp.org/library/ops_mgnt/ops_mgnt.htm
"Major, overall (operations management) activities often include product
creation, development, production and distribution".

Yet generally, MBA gurus do not include product development in the
"operations management" purview; they consider the job of "operations
management" to be, getting the product produced efficiently at a high
quality, not deciding what kind of product is to be produced.

Apparently, generally, MBA gurus consider the efficiency, reliability and
safety (avoiding damaged goods) aspects of distribution to be in the
"operations management" sphere whereas they consider decisions regarding
what will be distributed where to be in the marketing sphere.

Most MBA gurus consider "operations management" to be a kind of central
department that interacts with the other departments that relate to
"operations management" the way the planets relate to the sun they revolve
around; that is, they emphasize, that "operations management" interacts with
all other corporate departments.

For example, the marketing department's decisions regarding what shall be
sold where effect OM's calculations regarding how products should be moved;
marketing's customer feedback analysis effects decisions that effect OM
areas of production responsibility; marketing's decisions on pricing effect
the amount of money that can be put into production which effects OM
decisions; marketing's input re sales-advertising methods effects OM by
effecting decisions re what shall be produced through the use of OM methods
that transform inputs such as raw materials and personnel into outputs and
production.

Whereas product management and service management focus on particular
product or service lines, operations management in a more general sense (in
the eyes of the more old-fashioned MBA gurus of academe) focuses on all
transformational methods whereby raw inputs are transformed into finished
goods and services.

What the academic MBA gurus call "operations management", the world in
general, being less-old-fashioned, calls "project management". After all,
transforming input into output, the process of production, inevitably breaks
down into projects.

BSBALLJR on Operations or Project Management

BSBAALJR the incarnation of B-schools in general regardless of
alleged-quality-of-school, is less annoying when he discusses project
management than he is when he discusses marketing, but the faults he
displays in his discussion of marketing, he displays in his discussions of
project management. Again he is verbose, hyper-focused on stating the
obvious, obsessed with categorizing and labeling re-naming and defining
objects and phenomena, pre-occupied with listing objects phenomena and
possibilities, and given to insist that if something is true a majority of
the time then it is true all the time.

Yet in his discussion of project management BSBAALJR does seem to have
stumbled on to something, which is that production processes in general, in
production of both goods and services, can be thought of as automobile
assembly lines, wherein dysfunction at a given stage in the assembly line
can lead to dysfuntions that are less than obvious to a typical high school
grad, in other areas of the assembly line.

BSBAALJR boggles my mind the way he enthuses over this "brilliant"
"bottleneck" insight, as if it was his own original discovery that nobody
else had ever thought of. BSBAALJR takes his ideas from the writings of
Toyota auto production line managers who have succeeded in actual real world
accomplishments on a grand scale, and then acts as if he has come up with
tremendous original patentable ideas of his own. BSBALLJR thinks that
everyone who behaves in a manner similar to what he preaches, is a devotee
of BSBAALJR who studies the writings of BSBALLJR for several hours a night.

What bothers me, is that BSBAALJR should have wasted so many years before
mastering the simple concepts of the Toyota Production Line managers and
regurgitating them pretending that he had come up with something new
original and brilliant.

What BSBAALJR has discovered, is, that, if, for example, you have ten stages
one through ten performed one after the other in the order 1 2 3 4 5 6 7 8 9
10, a dysfunction in step 4, could lead to corporate damage greater than
what is apparent looking at the situation through the eyes of a moron. For
example, if 20 toy cars pass through each stage each day as 20 are produced
each day, superficially speaking, looking at things like a moron, a ten
percent reduction in production in step 7, should reduce corporate profits
productivity etc by one percent, because the step 7 stage fell ten percent
and step 7 accounted for ten percent of production. However this
simple-mindedness ignores the fact that due to the slowdown at step 7, the
workers in steps 8, 9 and 10 spent a certain amount of their time idle, the
total number of cars produced in a day declined by ten percent, and
problems of having to store the pileup of toy cars in the making at step 7
resulted.

The idea is that problems in certain stages in a production process cause
damages to the overall process that are not obvious given a myopic look at a
component of a production process, due to the way in which a problem at one
stage can effect other stages in the production process, and due to costs of
storage of pileups of products in the making, and the costs of movement of
products in the making that are piling up.

The idea is that the operations or project manager has to invest the right
amount of time energy and money in accounting for such chain reaction
phenomena. If he invests $100 and gets $300 in return out of his
understanding of such chain reaction phenomena, his rate of return on such
investment is three on the dollar but if he invests $250 in it and gets $500
in return, his rate of return is only two on the dollar; therefore the
manager might decide that investing more in the streamlining of the
production process is not worth it because it leads to a lesser rate of
return or on the other hand he might be glad about making more at a lesser
rate of return, depending upon the rate of return he projects for various
alternative project-management improvements listed on BSBAAL's checkbx
laundry list.

It would be best to avoid BSBAALJR in attempting to understand the new
operations or project management that is hot in the B-schools these days,
and to get the story straight from the horse's mouth, the Toyota Managers
themselves, at:

http://www.amazon.com/exec/obidos/ASIN/0915299143/ref=ase_absolutsearch05/002-6320582-2337641

I really fear that if project managers attempted to actually do every little
thing that BSBAAL advises that they do when managing a project, they
wouldbecome insane and accomplish less than they would if they were to just
rest instead of working doing things so as to be able to check off
checkboxes on BSBAAL's project management checklist.

@2005 David Virgil Hobbs

Friday, March 18, 2005

JDJEDTJR'S primitive, myopic approach to "Civil Procedure"

JDJEDTSR is the incarnation of the combination of law school quantity and alleged-quality. There is nothing he emphasizes more than "civil procedure".

JDJEDTJR is the incarnation of law schools regardless of alleged quality. His favorite books that are in the field of "civil procedure", or that are supposed to be in the field of "civil procedure", in order of popularity are:

1. Civil Procedure: Examples and Explanations (The Examples & Explanations Series) by Joseph W. Glannon (Paperback - April 1, 2001) http://www.amazon.com/gp/reader/1567065066/ref=sib_dp_bod_toc/002-6320582-2337641?%5Fencoding=UTF8&p=S002#reader-link

This book is universally highly admired...it discusses a federal court breach of contrast case, quoting from federal law..

2. A Matter of Interpretation by Antonin Scalia, Amy Gutmann (Editor) (Paperback - July 27, 1998)
http://www.amazon.com/gp/reader/0684843374/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S00Y#reader-link

Scalia favors textualism as opposed to "legislative intent" in interpretation of law. In a nutshell, his view is, "laws mean what they actually say, not what legislators intended them to say but did not write into the law's text." Scalia argues that Judges should not make decisions based on previous decisions legislative intention and legislative history, but rather on the basis of the text of the law.

3. A Civil Action by JONATHAN HARR (Paperback - August 27, 1996)
http://www.amazon.com/gp/reader/0679772677/ref=sib_rdr_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S00C#reader-page

A novel about a lawyer who takes on two big corporations representing parents whose children were allegedly killed by the corporations. Greed and power clashes with justice.

4. The TEMPTING OF AMERICA by Robert H. Bork (Paperback -- January 1, 1997)
http://www.amazon.com/gp/reader/0684843374/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S00Y#reader-link

Bork argues that the constitution must be interpreted according to the original understanding of the framers and those for whom it was written. Discusses activist or revisionist judges who strike down laws that do not violate constitutional precepts.

5. Civil Procedure (Hornbook Series) by Jack H. Friedenthal, et al (Hardcover - May 1, 1999) http://www.amazon.com/gp/reader/0314233636/ref=sib_rdr_zmin/002-6320582-2337641?%5Fencoding=UTF8&p=S00C&j=1#reader-page

This is all about how it is important to figure out which court has proper jurisdiction.

JDJEDTJR is and has been, absolutely in the stone-age, insofar as keeping the training of attorneys up to date with innovation in computer hardware and software.

JDJEDTJR wastes the limited amount of time and energy his students have available, on written text paragraph after written text paragraph presentations of legal procedure that should be presented in flowchart or diagram form instead. When on rare occasions he is able to muster the common sense to present such in flowchart format, his presentation of the flowchart is invariably in the stone-age technologically speaking. His flowcharts are always in old-fashioned backwards formats such as .pdf, .ppt, and .doc. JDJEDTJR never manifests any ability to present flowcharts using CSS, DHTML, and scripting languages such as javascript. This despite the fact that for many years now, javascript has been the simplest of a few programming languages that have been available to improve supplement and replace static flowcharts. JDJEDTJR never uses and never has used javascript as a supplement to or replacement for flowcharts. The only things that JDJEDTJR uses or has ever used javascript for are navigation, and feedback; the only time JDJEDTJR has ever discussed javascript, is in terms of describing how major corporations use javascript"cookies" to keep track of how many times people visit their websites.

A practical understanding of Javascript or some such language befits lawyers and law schools. People who cannot teach and learn Javascript type scripting languages are not lawyerly; proficiency in a language of the javascript builds lawyerly thinking.

JDJEDTJR's one isolated attempt to dabble in javascript, carried out once at one of JDJEDTJR's hundreds of law schools, produced farcical, comical, three-stooges like results ( http://cyber.law.harvard.edu/digitaldiscovery/responses.html ).

All this despite the fact, that law school students can cut down on the amount of time and energy they put into flowchart use, by using javascripts, which through the use of simple if-then codes can do the job of a flowchart better than a flowchart, while at the same time, if you want to put the time into it, producing fantastic looking dynamic animated graphical flowcharts to improve things even further, impress people and make things more fun.

JDJEDTJR has alot in common with BSBAALJR. An example is the way he plunges into the philosophizings of glamorous Supreme Court Justices, plunging in to a level completely out of proportion to the percentage of lawyer-hours that are spent working on Supreme Court cases. JDJEDTJR spends more time reading the philosophizings of Bork and Scalia, than he does studying his "Civil Procedure" bible by Glannon.

JDJEDTJR's universally highly respected Civil Procedure Glan-bible, focuses for its primary example on a breach-of-contract civil case that started in state court, moved to a federal court, went to trial, and was resolved through trial. This despite the fact that less than 2 percent of Civil Procedure Cases are breach of contract cases that are resolved in court.

By way of contrast, JDJEDTJR ignores the approx 28% percent of Civil Procedure Cases that are auto torts that are resolved out of court, and the approx 97% percent of Civil Procedures in general that are resolved out of court, ( http://www.lectlaw.com/files/lit15.htm )( http://teddy.law.cornell.edu:8090/questata.htm ).

A lawyer's most basic skill should be, working with technologically advanced flow-charts, to do a boffo job of handling out-of-court negotiation re auto torts. But JDJEDTJR replaces such with attention to bizarre civil cases and starry-eyed contemplation of the proverbs of famous Supreme Court Justices.

JDJEDTJR ignores what place a subject or sub-subject has in the overall, big picture of the law. He pays attention to subjects to an extent that is out of proportion to the actual importance of the subject in law.

JDJEDTJR acts as if the time and energy that is devoted to a subject, is not time and energy devoted to that subject insteaod to other subjects, as if law students had unlimited amounts of time and energy to spend on subjects.

JDJEDTJR's approach to step-by-step flowchart methodology is antiquated, inefficient, and hard to understand remember and use.





@2005 David Virgil Hobbs
This represents my opinions at the current time which may not exactly coincide with fact

Thursday, March 17, 2005

BSBAALJR'S babblings regarding "operations management"

 
BSBAALSR personifies B-school alleged-quality combined with B-school quantity. Operations Management is the third of three topics that are most pre-eminent in BSBAALSR's mind, along with "Global Competitive Strategy" and "marketing".

My new original definition of "Operations Management" (OM)

Some of the corporate functions a significant percentage of MBA gurus consider to be "Operations Management" (OM) functions, such as product development and product distribution, seem to be considered to be marketing functions in the eyes of another significant group of MBA gurus, who define marketing as the four P's: Place for distribution, getting the product to the consumer; Product for conception of product, dreaming it up; Pricing for what the product is priced at and Promotion for sales and advertising. For example according to http://www.mapnp.org/library/ops_mgnt/ops_mgnt.htm  "Major, overall (operations management) activities often include product creation, development, production and distribution".

Yet generally, MBA gurus do not include product development in the "operations management" purview; they consider the job of "operations management" to be, getting the product produced efficiently at a high quality, not deciding what kind of product is to be produced.

Apparently, generally, MBA gurus consider the efficiency, reliability and safety (avoiding damaged goods) aspects of distribution to be in the "operations management" sphere whereas they consider decisions regarding what will be distributed where to be in the marketing sphere.

Most MBA gurus consider "operations management" to be a kind of central department that interacts with the other departments that relate to "operations management" the way the planets  relate to the sun they revolve around; that is, they emphasize, that "operations management" interacts with all other corporate departments.

For example, the marketing department's decisions regarding what shall be sold where effect OM's calculations regarding how products should be moved; marketing's customer feedback analysis effects decisions that effect OM areas of production responsibility; marketing's decisions on pricing effect the amount of money that can be put into production which effects OM decisions; marketing's input re sales-advertising methods effects OM by effecting decisions re what shall be produced through the use of OM methods that transform inputs such as raw materials and personnel into outputs and production.

Whereas product management and service management focus on particular product or service lines, operations management in a more general sense (in the eyes of the more old-fashioned MBA gurus of academe) focuses on all transformational methods whereby raw inputs are transformed into finished goods and services.

What the academic MBA gurus call "operations management", the world in general, being less-old-fashioned, calls "project management". After all, transforming input into output, the process of production, inevitably breaks down into projects.
 
BSBALLJR on Operations or Project Management

BSBAALJR the incarnation of B-schools in general regardless of alleged-quality-of-school, is less annoying when he discusses project management than he is when he discusses marketing, but the faults he displays in his discussion of marketing, he displays in his discussions of project management. Again he is verbose, hyper-focused on stating the obvious, obsessed with categorizing and labeling re-naming and defining objects and phenomena, pre-occupied with listing objects phenomena and possibilities, and given to insist that if something is true a majority of  the time then it is true all the time.

Yet in his discussion of project management BSBAALJR does seem to have stumbled on to something, which is that  production processes in general, in production of both goods and services, can be thought of as automobile assembly lines, wherein dysfunction at a given stage in the assembly line can lead to dysfuntions that are less than obvious to a typical high school grad, in other areas of the assembly line.
 
BSBAALJR boggles my mind the way he enthuses over this "brilliant" "bottleneck" insight, as if it was his own original discovery that nobody else had ever thought of. BSBAALJR takes his ideas from the writings of Toyota auto production line managers who have succeeded in actual real world accomplishments on a grand scale, and then acts as if he has come up with tremendous original patentable ideas of his own. BSBALLJR thinks that everyone who behaves in a manner similar to what he preaches, is a devotee of BSBAALJR who studies the writings of BSBALLJR for several hours a night.
 
What bothers me, is that BSBAALJR should have wasted so many years before mastering the simple concepts of the Toyota Production Line managers and regurgitating them pretending that he had come up with something new original and brilliant.

What BSBAALJR has discovered, is, that, if, for example, you have ten stages one through ten performed one after the other in the order 1 2 3 4 5 6 7 8 9 10, a dysfunction in step 4, could lead to corporate damage greater than what is apparent looking at the situation through the eyes of a moron. For example, if 20 toy cars pass through each stage each day as 20 are produced each day, superficially speaking, looking at things like a moron, a ten percent reduction in production in step 7, should reduce corporate profits productivity etc by one percent, because the step 7 stage fell ten percent and step 7 accounted for ten percent of production. However this simple-mindedness ignores the fact that due to the slowdown at step 7, the workers in steps 8,  9 and 10 spent a certain amount of their time idle, the total number of cars produced in a day declined by ten percent,  and  problems of having to store the pileup of toy cars in the making at step 7 resulted.

The idea is that problems in certain stages in a production process cause damages to the overall process that are not obvious given a myopic look at a component of a production process, due to the way in which a problem at one stage can effect other stages in the production process, and due to costs of storage of pileups of products in the making, and the costs of movement of products in the making that are piling up.
 
The idea is that the operations or project manager has to invest the right amount of time energy and money in accounting for such chain reaction phenomena. If he invests $100 and gets $300 in return out of his understanding of such chain reaction phenomena, his rate of return on such investment is three on the dollar but if he invests $250 in it and gets $500 in return, his rate of return is only two on the dollar; therefore the manager might decide that investing more in the streamlining of the production process is not worth it because it leads to a lesser rate of return or on the other hand he might be glad about making more at a lesser rate of return, depending upon the rate of return he projects for various alternative project-management improvements listed on BSBAAL's checkbx laundry list.
 
It would be best to avoid BSBAALJR in attempting to understand the new operations or project management that is hot in the B-schools these days, and to get the story straight from the horse's mouth, the Toyota Managers themselves, at:

http://www.amazon.com/exec/obidos/ASIN/0915299143/ref=ase_absolutsearch05/002-6320582-2337641

I really fear that if project managers attempted to actually do every little thing that BSBAAL advises that they do when managing a project, they wouldbecome insane and accomplish less than they would if they were to just rest instead of working doing things so as to be able to check off checkboxes on BSBAAL's project management checklist.





@2005 David Virgil Hobbs

Wednesday, March 16, 2005

BA on fast track beautiful lady -- dream

Dreams I have had since March 11

1 The beautiful white glamazon BA treated as an equal of MBAs

The dream was about straight-black-haired Erin G, the young white beautiful woman who used to be a college track star. I had it night of Tuesday March 15 after finishing writing my introductory MBA school essays.

In the dream there was this guy wearing a short sleeved shirt that was a reddish orange color, with sleeves that reached almost to his elbows. He was the slim lean muscular type, about six feet four inches tall, muscular. He had normal length slightly curly light brown hair, that some might call "reddish" or "auburnish". He had a long thin face, a normalish to lighter than normal mustache and beard. He was tanned. His hair color was probably so similar to his skin color that it made his facial hair look sparser than it really was. He kept winding up standing next to me or sitting next to me. It was as if he wanted me to overhear his cell phone conversation with Erin G. It was as if he wanted me to get interested in Erin G. From listening to him talk to Erin G on the cell phone (seemed he wanted me to over-hear) I could tell that Erin G despite not having an MBA but just having a BA, was in a comfortable and secure position at some firm where she was paid as much as MBAs and treated as well as MBAs.

When I awoke I was thinking, that all my life I have wanted to be treated as an equal of MBAs despite only having a BA, but I have never gotten what I have wished for, but Erin has....it seemed a manifestation of feminism to me.

Tuesday, March 15, 2005

BSBAALJR's financial accounting training veers off into Buffett-isms

Financial accounting is not a subject highly emphasized by BSBAALSR, the incarnation of the combination of alleged-quality and quantity in MBA bestowing B-schools. Financial accounting comes in in a tie for eigth in terms of emphasis-put-on-subject be BSBAALSR, after Strategy, Marketing, Operations Management, Financial Management, Financial Analysis, Finance. BSBAALSR emphasizes financial accounting about as much as he emphasizes management accounting.

BSBAALJR's (BSBAALJR is the incarnation of MBA producing B-schools regardless of alleged-quality) approach to financial accounting, shows the same characteristics as his approaches to other areas of business administration. His focus gets derailed by his obsessive interest in aspects such as the the most famous success story, and investment banking.

Out of all books that are in the field of "financial accounting" or are at least in the eyes of the book-world are supposed to be in the field of "financial accounting"--books that are either on the periphery or at the center of the "financial accounting" subject--the one that he pays the most attention to is "The Essays of Warren Bufett", ( http://www.amazon.com/exec/obidos/ASIN/0966446119/002-6320582-2337641 ) which is a collection of excerpts from essays written by celebrity zillionaire super-CEO Buffett to accompany the financial statements in annual reports produced by Buffett's company, which specializes in poring over the financial reports of other companies to decide whether they are worth investing in.

BSBAALJR's second favorite books amongst books that really are in the "financial accounting" subject or at least are supposed to be in the "financial accounting" subject according to large numbers of well-heard people, is "the Analysis and Use of Financial Statements" by Gerald White ( http://www.amazon.com/exec/obidos/ASIN/0471111864/002-6320582-2337641 ), which talks about all the great insights that investors owners and operators can derive from studying financial statements.

Coming in a weak third is BSBAALJR's basic how-to financial accounting text, "Financial Accounting" by Weygandt ( http://www.amazon.com/exec/obidos/tg/detail/-/0471072419/002-6320582-2337641?v=glance ).

BSBAALJR's emphasis on basic accounting texts such as that by Weygandt is miniscule, when you look at how he pays more attention to other books at the periphery of the financial accounting sphere, and when you look at how little attention he pays to financial accounting compared to other subjects.

The amount of attention BSBAALJR pays to the actual software-related tasks that should be of most concern to modern "space-age" financial accountants, is less than the miniscule amount of attention he pays to the basic how-to essentials of being a traditional pre-computers-era accountant who can produce financial statements and filled-out forms that satisfy the law.

BSBAALJR pays ten times as much attention to any one of a number of pop-psychology-type books as he does to fundamental how-to of accounting.

What BSBAALJR's approach to financial accounting is missing, is emphasis on instruction in the skill of efficiently integrating financial reports data from several different companies, and-or from several different time-periods, into a database which can be manipulated so as to draw together information from several different sources into data tables.

Management should be able to re-arrange the data in these tables, management should be able to create data tables they want to create using the database.

In focusing on Buffett so much more than on the construction of integrated databases, BSBAALJR shows how he tends to obsession with the ultra-famous zillionaire success stories and with the the investment-banking perspective.

Buffett's publicly available wisdom regarding financial statement interpretation from the vantage point of a potential investor, sheds little light on the interpretation of data describing privately held companies that are not required to produce the publicly available financial statements that public companies are required to produce. Buffett's publicly available wisdom does not teach us how to integrate data describing privately held companies with data from publicly held companies into one database.

BSBAALJR is wrong to think what he apparently thinks, which is that there is next to nothing to be learned about financial accounting from firms and individuals who have unlike Buffett enjoyed merely moderate success, or that have been average, or that have failed.

BSBAALJR seems to think that essays that accompany financial statements in annual reports, are important in the field of "financial accounting" simply because they accompany financial statements. In reality if such essays are produced by a CEO such as Buffett whose publicly voiced emphasis has not been on using financial accounting data describing his own and other companies, to improve the performance of his own company, in ways that have nothing to do with investing in companies other than his own, the lesson becomes of limited relevance for companies that do not specialize in investing in other companies. There is a limit to the number of investment banking corporations that the market can sustain, but BSBAALJR carries on as if we could all specialize in investment banking.

BSBAALJR's second favorite text amongst books the book-world considers to be financial accounting books, is the White text on analyzing financial statements. This text emphasizes detailed study of individual financial statements in isolation, in an attempt to gain an understanding of the prospects of the company being studied. It emphasizes the study of financial statements from the angle, "what can we learn about this company by looking at just this financial statement and nothing else?".

What BSBAALJR's text by White ignores is, "what can we learn about investing in other companies, and about running our own company, by looking at this financial statement, in a database that integrates this financial statement with financial statements made by this company in previous years?... what can we learn from integrating it into a database that combines it with info from financial statements of other companies? How do we go about integrating this company's financial statement data with financial statement data from other companies and previous years?"

BSBAALJR's favorite "financial accounting" book, the one about Buffett's essays, concerns the public face of a CEO, Buffett, what this CEO's public face says regarding the meaning of numbers in financial statements produced by this CEO's company, and regarding how financial statements of outside companies are analyzed by his company from an outside investment-banking perspective.

The public statements of this super-CEO Buffett, give the world the impression that his company approaches investments basing its decisions primarily on under-the-microscope analysis of the financial statements and other related aspects of a given individual company. That is, basically, "we looked at this company and our decision is based not on how this company compares to other companies but on how things add up subtract multiply and exponentialize at this particular company".

BSBAALJR uncritically swallows such public teachings of this CEO Buffett, even though Buffett tells the world that the best kind of competition an investment banker such as himself can have, is, competition that "cannot think". And it seems BSBAALJR fulfills this role, of being the kind of competition Buffett wants, a competition that "does not think".

BSBAALJR's two favorites White and Buffett focus on a one-by-one, "how various factors to be deduced from a given financial statement add up to paint a picture of a given company" approach. This approach tends to ignore the "Wise deductions are made from looking at this company in a database that combines this company's statements with other company's statements for this and previous years" approach.

Yet at the same time, BSBAALJR's favorite gurus, (his favorite ones are outside the field of financial accounting), who he pays ten times as much attention to as he does to his favorite financial accounting gurus, keep pounding home ideas that inescapably and obviously lead to the conclusion, that a company should be able to integrate financial statements of various years and various companies into data-table "spreadsheets" in computerized databases.

BSBAALJR focuses on the company-by-company detailed analysis of financial statements investment and management technique, because he is impressed by Buffett's investment-banking-oriented company, which is a company with 38,000 employees, and which is able to set thousands of employees to work, putting the financial statements of companies under a microscope. By way of contrast, most individuals and organizations are not in a position to unleash thousands of financial-statement-inspectors who put financial statements under microscopes.

BSBAALJR's "financial accounting" heroes, expound an approach wherein, so to speak, a given company is put under a microscope by an expert, who compares how many nuts it has to how many bolts it sold to how many screws it has in inventory, and thereby astounds us by using such internal comparisons to predict the company's future.

Whereas, what my own individual "common sense" declared to me before I read the words of BSBAALJR's gurus, and what his favorite gurus vaguely point in the direction of prescribing, is that we must learn to compare how many bolts company A sold to how many bolts B sold to how many bolts C sold, and how many screws company A has in inventory compared to how many screws B has in inventory compared to how many screws C has in inventory, and so forth.

BSBAALJR mixes up subject definitions for subjects such as "financial managment", "financial analysis", "finance", "management accounting" and "financial accounting"; as a result he is prone to fill up the various subjects with readings in a way that produces over-emphasis on areas that should be relatively unimportant, and under-emphasis or complete non-emphasis of areas such as database integration in financial accounting, that should be relatively important.





@2005 David Virgil Hobbs
These are my opinions at the current time which may not necessarily exactly conform with fact

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