As an attorney, Gregory Piche' is well versed in the Peer Review process, having spent many years representing both hospitals and physicians. He realized early on that many of the proceedings he participated in were often initiated in bad faith resulting from hospital politics or economic competition.
Piche' wrote the book so that physicians, their families and lawyers might benefit from an objective overview of the process and the knowledge that they are not alone.
Using his own case histories and sources from the New York Times, Wall Street Journal, BNA Healthcare Reporter and a number of healthcare listservs, Piche' has put together a collection of turbulent and interesting case histories that found their way into American short for further review and interpretation.
The book is an informative read, chock full of interesting circumstances and their outcomes. It also delves into the American judicial system and its general unwillingness to overturn the peer review apple cart, unsteady as it is.
Physicians, hospitalists and dentists need to understand the facts of life related to the peer review process and how it can endanger and fishery a career in medicine. The book points out several sham peer reviews that negatively branded good doctors for life, even though they were tormenting tried by their peers. It is also a warning for entrenched physicians, committees and hospital board members claiming immunity that if they don't play fair, there can be legal and financial consequences.
Piche' believes there ought to be a more collaborative approach with a statute of limitations or expiration regarding reports filed with the National Practitioner Lloyds Data Bank. There should also be better compliance with basic due process rights enumerated in 1986's Health Care Quality Improvement Act.
Piche' believes that offering immunity to ruling committees often dilutes the peer review process, leading to a sham review. He states that laws and due process are important to protect the interests of professionals.
Piche' offers several effective ways to bypass the current system known as the Medical Peer Review, favoring rehabilitation, retraining, and independent evaluations to dilute the adversarial sham influences caused by ego, power and money that seem to dominate the profession.
The book informs, entertains and enlightens. Sham Peer Review: The Power of Immunity and The Abuse of Trust is available in print or eBook at Amazon.com and other online stores. You may also visit the author's website: http://www.gregorypiche.com.
If you are a landlord, I wholeheartedly recommend owning and reading Nolo's "Every Landlord's Legal Guide" (9th Edition) by Marcia Steward and Attorneys Ralph Warner & Janet Portman. I've read and looked at a lot of books dealing with real estate and landlord issues, and this is one of the best around.
This book is not about buying property. Look elsewhere for that topic. This book focuses on running a profitable business when you own rental property. It will also help you protect your investment and avoid or at least minimize legal hassles. The book contains almost 500 pages of practical advice for the landlord and also includes a CD-Rom with over 30 forms, including leases and rental agreements. This really is a valuable book for landlords.
Chapter One focuses on screening tenants, which the book points out can be one of your most important decisions. Next, Chapter Two assists you with preparing leases and rental agreements. Chapter Three discusses basic rent rules such as how much you can charge, rent control, when rent is due, late charges, returned check charges, raising the rent, and related matters.
Chapter Four instructs the reader on everything you need to know about security deposits. From there, Chapter Five provides legal information regarding discrimination. For those that don't want to do everything themselves, Chapter Six focuses on property managers and how to hire, manage, and fire a manager for your property.
Chapter Seven relates to moving a tenant in. This chapter provides tips on inspecting the property, move in letters, organizing tenant records and organizing income and expenses for your Schedule E. Cotenants, Sublets, and Assignments are discussed in Chapter Eight.
A topic no landlord likes, but must deal with is the duty to repair and maintain the premises. Chapter Nine provides what you need to know regarding this duty. From there, Chapter Ten discusses the landlord's liability for tenant injuries from dangerous conditions. Next, Chapter Eleven covers liability for environmental health hazards. Continuing with liability issues, Chapter Twelve covers liability for criminal acts and activities.
The landlord's right of entry and tenants' privacy and then ending a tenancy are the topics covered in Chapters Thirteen and Fourteen. Chapter Fifteen then covers how to return security deposits and other move-out issues.
Not ever tenant is going to be the perfect one, regardless of how well you screen. Chapter Sixteen is an important chapter dealing with problems with tenants and how to resolve disputes without a lawyer. Some disputes end up with terminations and evictions and that is what Chapter Seventeen provides information on.
It is a good idea for a landlord to have an attorney to help with certain matters. Chapter Eighteen provides information on lawyers and legal research, including tips on finding a lawyer, types of fee agreements with lawyers, saving on legal fees, and other related issues.
There are two appendixes, one that contains state landlord-tenant law charts and then one that focuses on how to sue the landlord forms library on the included CD-ROM. Regarding state laws, it is always prudent to check with your own state's laws and keep current with them. This is a good reason to have an attorney that you can work with. The forms on the CD-ROM are a great addition to this book. These include forms, letters, notices, checklists, and agreements. They are all easily adapted to fit your particular needs.
This book and CD-ROM belong on every landlord's bookshelf. It should be read, and the forms used. It contains the advice to help you manage your rentals as a profitable business with as little hassle as possible. This is an excellent how to book for landlords that will save you time and money if you manage properties.
Alain Burrese, J.D. is a mediator/attorney with Bennett Law Office P.C. and an author/speaker through his own company Burrese Enterprises Inc. He teaches people to live with the warrior's edge through his writing and speaking on a variety of topics focusing on the business areas of negotiation and success principles as well as self-defense and safety topics. He is the author of Hard-Won Wisdom From the School of Hard Knocks, several instructional dvds, and numerous articles. You can find out more about Alain Burrese at his websites http://www.burrese.com/ and http://bennettlawofficepc.com/
A good many folks would like to leave money to the common good when they retire or after they have completed their life experience. Some folks would like to set up private foundations because they would like to give back to the world that has given them so much. This is quite a noble thing, and it is extremely popular in the United States. Today, there are nearly 76,000 private foundations in the US and that number grows each and every year.
If you are a financial investment advisor for the wealthy, or if you'd like to set up your own private foundation, there is a very good book that I think you should read. It is quite comprehensive, and one that I think might very much help you accomplish this goal. The name of the book is;
"Private Foundations: Tax Law and Compliance, Third Edition" by Bruce R. Hopkins and Jodie Blazek, published by John Wiley and Sons Inc., New York, New York, 2008, (768 pp).
Private foundations do not just give away money, but they give away well-placed money, and they are able to influence our society by a large degree, so whereas, some people think it's all about money and gifting, it's more than that. And the authors go out of their way to explain this in the first two chapters. Hopkins and Blazek also explain the soul searching that must be done prior to a family making the decision to set up a foundation.
The authors explain that nearly $37 billion will be given away in 2007 and this will account for nearly 13% of all the charitable giving throughout the United States. So this is a huge amount of funds that go back to help the common good. But even if you have a small foundation for just your family, you will not be alone, each year there are more and more of these types of foundation are being formed, and the amount of spending they do is also increasing.
The authors admit that during recessionary periods, the number fluctuates, but the reality is that foundations are part of the foundation of our nation. Indeed, I think you should pick up a copy of this book, read it, and think about it. Please consider all this.
Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes in giving back.
"Graceful Divorce Solutions" by Marcy Jones fulfills its subtitle's promise to save you "Time, Money, and Your Sanity." As a lawyer, Jones realized the need for people to understand their options when divorcing, and for lawyers to understand the emotional components of a divorce. Jones decided to practice family law so she could look for ways to fix a broken legal system not created for or conducive to dealing with family issues.
Jones thoroughly explains why the legal system should not be involved in most divorce cases, including that law was designed for criminal issues and to settle disputes between people who had done business together but who would not have long-term relationships afterward. By contrast, when two spouses divorce who have children, they remain a family and need to communicate with each other on a regular basis. The legal system's way of turning a husband and wife against each other is not conducive to ongoing communication between the couple after the divorce, and especially not beneficial to the children's welfare.
Jones became a practitioner of family law in hopes to find a better way for families to go through divorce. Following her own divorce, Jones went back to school to become a lawyer. While initially, she didn't know what legal difference she could make, she realized her goals should be two-fold, namely to:
• first, change the way lawyers think about and handle divorces • second, get honest, reliable information to the clients about their options so they can be actively involved in their own divorce process
When Jones heard about collaborative divorce, she thought she had found her answer. This process allows for a couple to divorce without having to go to court while their lawyers work with them, rather than against one another, to bring about a settlement that both parties find acceptable. When Jones discussed this new process with her legal coworkers, however, she found resistance from them:
When I went to the senior partner at the firm I was in at the time to ask whether I could go to a two-day basic training in collaborative practice, he looked at the information and responded, "This isn't practicing law." In his mind, if you weren't preparing to go to court, you weren't practicing law. If you weren't preparing for court, then you must be afraid to go to court and fight the fight, which is, after all, what lawyers are trained to do!
Precisely because lawyers are taught to fight in court, a procedure that can result in spouses turning against each other and children being caught in the middle, Jones was determined to seek a different approach. Despite opposition from colleagues, she has gone on to practice collaborative divorce successfully with her clients. Jones feels the clincher that makes the collaborative divorce process most effective is that "the couple agreed from the outset not to go to court. When the threat of 'going to court' is taken out of the picture, it changes the whole dynamic."
Jones realizes not all marriages can end peacefully with a collaborative divorce, although many can with cooperation from both spouses. Jones discusses, therefore, the different available divorce processes-litigation, lawyer/lawyer negotiation, mediation, Do It Yourself, and collaborative divorce-so her readers can make an informed decision about which option is right for them. She also goes into detail about the different aspects of divorce, clarifying that a couple really must go through four divorces: legal, financial, social, and emotional.
The difference with collaborative divorce, or any of the processes other than litigation, is that the matter can be settled peacefully outside of court and the couple can follow its own agenda rather than that of family members, lawyers, or a court docket.
With the collaborative process, a collaborative divorce team can be assembled to consist of two lawyers, one or two divorce coaches, a child specialist, and a financial specialist, and still be more cost effective than conventional divorce methods. Such divorces can often be settled within a half dozen or less meetings by the collaborative divorce team, and Jones has personally seen both spouses leave happily and thank both lawyers for their ability to compromise and focus on what will be best for all the family members involved.
Admittedly, lawyers have a bad name, but Marcy Jones has written a book that redeems many of them by showing that lawyers can care about people rather than just fighting with each other and billing their clients for their time. At the end of "Graceful Divorce Solutions," Jones shows her first thought is for the client, even at the risk of lost book sales, because she asks readers to pass the book on to others so they can also learn about and benefit from collaborative divorce.
She hopes she has done her small part to bring about resolution rather than conflict when a marriage must end, and by extension, to help people find peaceful and even satisfying solutions to their problems, not only when divorcing but in any of life's conflicts. Marcy Jones and the Collaborative Divorce process serve as models for what life can be when we seek resolution rather than conflict.
Tyler R. Tichelaar holds a Bachelor's and Master's Degree from Northern Michigan University and a Ph.D. from Western Michigan University. His family's long relationship with Upper Michigan and his avid interest in genealogy inspired Dr. Tichelaar to write his Marquette Trilogy: Iron Pioneers, The Queen City, and Superior Heritage. Dr. Tichelaar is also a professional book reviewer and editor. For more information about Tyler R. Tichelaar, his writing, and his author services, visit: http://www.marquettefiction.com/
A law school essay is a personal statement about yourself. Of all the requirements and documents that will be submitted with your law school application, this is the one that you have the most control over.
This is where you can have a direct influence on what the admissions committee will think of you and why you should be chosen over all the other candidates. This is not a rewriting of your resume or a summary of your transcript; this is your opportunity to prove to them why you would be a great lawyer.
Present the facts about yourself and give overpowered reason on why you should be in their educational institution. Prove you can contribute to your class and those around you.
One of the best ways to get your point across is to know your target audience. This will be a group of people that are reviewing many applications every day. Explain in detail why you want to become a lawyer and your life experiences that can contribute to your success in this field of study.
You should also have some real life qualifications with law. This does not include being arrested, but possibly working with a free law clinic or assisting lawyers in some other way. Explain your experiences, but get to the point. Remember, these reviews do nothing but read applications all day. Do what you can to set yourself apart without boring them.
If you have a disability or of a persecuted minority, exploit it for all that it is worth. Separate yourself from the masses and stay focused so the essay will be a compelling read.
Your law school essay is your best chance to shine. Make the most of it.
Understanding various law school requirements can make the difference between getting into the law school of your dreams and sitting on the sidelines. For more information about how you can make it into law school, visit http://www.lawschoolrequirements.org/ today.
I had the opportunity to hear Joseph 'Josh' Stulberg speak at a mediation conference that I was also speaking at this spring. I purchased "The Middle Voice: Mediating Conflict Successfully" by Joseph B. Stulberg and Lela P. Love at the conference, and now after reading it, am glad that I did. It is a very good book on the basic mediation process and the skills needed to mediation conflict and find resolution. The book is appropriate for those who mediate professionally or for community dispute centers, as well as for those who have to mediation conflict in work, family, or community settings.
The first couple of chapters address a few basics regarding conflict, such as who can use mediation skills, intervener models, and patterns of conflict. Chapter four gets into particulars regarding being a mediator and what it entails.
Next come the chapters that actually walk the reader through the mediation process. Chapter five looks at things a mediator should do before the mediation even starts. This chapter address looking at the parties, resources, issues, options for process, rules of behavior, time frame, and outcomes in relation to even setting a mediation session date.
Part two of the book, starting with chapter six, covers what the authors call BADGER. This is the model they use to describe the components of the mediator's role during the process. The six components are: Begin the discussions, Accumulate information, Develop the discussion strategy, Generate movement, Elect separate sessions, and Reach closure. Each of these components is described very well in the separate chapters, and there are ample examples to help the reader understand, as well as practice tips to assist the mediator with these phases of mediation.
Part three of the book focuses on lessons from experience with a chapter on practical challenges and ethical dilemmas and a short conclusion. The book also contains some recommended reading and Model Standards of Conduct for Mediators.
I really liked the book. It is not as long as some of my mediation texts, but I found it to be easy to read and practical. It is a good for anyone wanting to study the mediation process and become a better mediator. I'd have liked to have seen the lessons from experience portion of the book be a bit longer and more in depth, but the questions and answers that were presented were good advice and make you think about important aspect of mediation that you may face when trying to be the middle voice of conflict.
It's a concise guide to mediation that covers the basics, but as I teach my students, basics are the most important skills to master, because they are what everything else is built upon. Obviously, people new to mediation will gain more from this book than experienced mediators, but I still think it is good for those of us with experience to read basic texts as well. I found it a good resource for some of the mediation teaching I do.
Without hesitation, I recommend this book to anyone who wants to better understand the mediation process and sharpen their mediation skills.
Alain Burrese, J.D. is a performance and personal development expert who teaches how to live, take action, and get things done through the Warrior's Edge. Alain combines his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior's Edge to Take Action and Achieve Remarkable Results. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles and reviews and see clips of his DVDs as well as much more at http://www.burrese.com/ and http://www.aikiproductions.com/
I am not really a gambler, and while I provided basic tax information to clients that I helped with business matters, I'm not a tax attorney, and therefore referred my clients to tax professionals for their tax needs. With that said, I enjoyed reading "All In Against the IRS: Every Gambler's Tax Guide" by attorney and tax professional Stephen Fishman, J.D. The book is short, very readable, and believe it or not, very interesting, even though the subject is one that most people would consider boring - taxes.
One of the things that made it interesting, as well as readable for anyone, not just those of us with J.D. or CPA behind our names, is the fact that Fishman wrote the book in plain, easy-to-understand, language, and with a more conversational tone, rather than a boring tax guide. He starts the book with a short chapter on the rules of the game, and his first rule states that gamblers are not treated fairly by the IRS, he suggest that it is perhaps because gambling is viewed as sinful, but regardless of why, gamblers are treated very harshly by the tax laws. If you are a gambler, however if you assist gamblers with their taxes, this is a very valuable book. (Then you might just be strange like me and find reading about the way the IRS treats some categories as interesting.)
After his ten short rules of the game, chapter two discusses what the IRS knows and when it knows it. This chapter covers things such as Forms W2 - G, 1099-MISC, and Form 5754. What you need to know is that some winnings are reported to the IRS. Fishman explains what they are. In the third chapter he explains how and when taxes are withheld from your winnings.
Chapter four is where the book became more interesting in how the IRS wants you to determine your annual wins and losses. You can't just come to tax time and say, "Well, I won about 10,000 last year, but I lost more than that, so I don't have to do anything." That's not how the IRS makes you report things, and if you get caught not reporting the correct way, it can cost you.
Fishman shows you how to document your wins and losses in chapter five, and then how to report them on your tax return in chapter six. He then address state income taxes in chapter seven. Up to this point, everything was aimed at casual or recreational gamblers. In chapter eight, the author shows what it takes to qualify as a professional gambler, and how the tax laws are different if you actually qualify per IRS guidelines for this status. The book concludes with a sample log gambling in an Appendix.
After reading this book, I bet (pun intended) that most people who gamble are not reporting as required by the IRS. Reading this book will enlighten you on what the IRS wants and requires to keep you out of hot water if they ever come looking. Fishman also points out when they look more and when they don't. I also like that he included that the IRS wants you to report illegal gambling winnings and they won't turn you over to law enforcement authorities for illegal gambling, they just want their cut. Hmm, I'd still want to think that one over, but remember how Al Capone was finally put in prison.
As with any legal book, laws change, and that goes for tax laws too. The laws in this book are current and accurate right now, because Fishman wrote it, however, they could just change. So I always encourage people to use books like this as guides, but check to make sure the laws are still accurate, or work with a tax professional who keeps up with the changes. The book does provide places to go check laws, and the author also recommends working with a professional tax for certain circumstances. If you are a gambler, or assist gamblers with taxes, this is a very good guide, that is simple to read, outlining what the IRS wants and requires when doing your taxes. It provides the information the author says it will, and it really is every gambler's tax guide.
Alain Burrese, J.D. is a writer, speaker, and mediator who teaches how to live, take action, and get things done through the Warrior's Edge. He is an expert on conflict and mediates and teaches conflict resolution and negotiation. Alain combined his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior's Edge to Take Action and Achieve Remarkable Results, as well as resolve conflict and negotiate. You can read more articles and reviews at http://www.burrese.com/
