Daily Archives: May 20, 2023

Your Firm and Your Tools – Top Technology Initiatives – CPAPracticeAdvisor.com

Posted: May 20, 2023 at 10:41 am

The accounting profession is undergoing a rapid digital transformation. As a result, embracing innovative technology tools is crucial for public practice accounting firms to stay competitive, streamline operations, and provide exceptional client service. In this article, well explore a range of top technology tools that revolutionize how public practice accounting firms operate.

Client Portals and Communication Tools (Single Portal)

Secure client portals like Liscio, Suralink, SmartVault, ShareFile, and CCH Axcess Client Collaboration provide encrypted file-sharing and storage solutions that streamline document exchange and collaboration. These portals protect sensitive information, enhancing client trust and reducing the risk of data breaches. Additionally, communication tools such as Slack, Microsoft Teams, and Zoom facilitate real-time communication, making it easier to collaborate and keep clients informed.

Cloud-Based Accounting Software

Cloud-based accounting software has become indispensable for modern public practice accounting firms. Solutions such as QuickBooks Online, Xero, and Sage Intacct provide real-time access to financial data, enabling accountants to offer more accurate and timely financial advice. In addition, these platforms facilitate collaboration between team members and clients and provide robust integrations with other essential tools, creating an efficient accounting ecosystem.

Automated Data Entry and Expense Management

Automation tools like Dext Prepare, Expensify, Zoho Expense, and Hubdoc leverage optical character recognition (OCR) technology to streamline data entry and expense management. These tools save time and improve data accuracy by reducing manual data entry and the potential for human error. They also provide integrations with popular accounting software, making it seamless to incorporate expense data into clients financial records.

Workflow Management and Collaboration

Workflow management tools like Karbon, CCH Axcess Workflow, and Jetpack Workflow are transforming the way public practice accounting firms manage projects and deadlines. These platforms enhance productivity and collaboration by automating repetitive tasks, providing visibility into team workload, and ensuring deadlines are met. Additionally, they often include features like task assignment, progress tracking, and notifications, ensuring no task slips through the cracks.

Business Intelligence and Analytics

Advanced analytics tools like Alteryx, 4ImpactData, Clearify QQube, Power BI, Tableau, and Fathom enable accountants to transform raw financial data into actionable insights for their clients. By creating interactive dashboards and visualizations, these tools make it easier to identify trends, monitor key performance indicators, and make data-driven decisions. As a result, public practice accounting firms can offer value-added advisory services that set them apart from competitors.

Tax and Audit Solutions

Tax and audit solutions like CCH Axcess Tax, Thomson Reuters UltraTax CS, and Wolters Kluwer ProSystem fx Tax streamline the preparation and filing of tax returns. Likewise, CCH Axcess Engagement, Thomson Reuters AdvanceFlow, Hg Capital CaseWare, Fieldguide.io, Audit Sight, and Wolters Kluwer ProSystem fx Engagement improve audit workpaper automation. As a result, these tools reduce the time spent on manual tasks and minimize the risk of errors. They also ensure compliance with the latest tax laws and regulations, providing both accountants and clients peace of mind.

Payroll and HR Solutions

Payroll and HR solutions like JustWorks, Rippling, Gusto, ADP, and Paychex offer comprehensive payroll processing and human resources management for clients. These platforms automate payroll calculations, tax filings, and benefits administration, saving time and ensuring accuracy. Additionally, they provide employee self-service portals, making it easy for staff to access pay stubs, update personal information, and request time off.

Document Management and eSignature Solutions

Document management solutions such as Doc-It, SmartVault, and CCH Axcess Document enable accounting firms to store, organize, and retrieve digital files securely. In addition, these platforms offer features like version control, access permissions, and audit trails, ensuring sensitive information is well-protected. eSignature solutions like DocuSign, Adobe Sign, and Right Signature further streamline document management by enabling KBA-based secure electronic signing of contracts, agreements, and other essential documents. By adopting these solutions, public practice accounting firms can reduce their reliance on paper, improve efficiency, and enhance client satisfaction.

Financial Planning and Forecasting

Financial planning and forecasting tools like PlanGuru, Spotlight Reporting, and Jirav allow accountants to create detailed financial projections and analyze various scenarios for their clients. In addition, these platforms offer robust reporting and visualization features, enabling accountants to communicate complex financial information effectively. By leveraging these tools, public practice accounting firms can offer strategic financial planning and advisory services that differentiate them from competitors.

Client Relationship Management (CRM) Systems and Business Development

CRM systems like Zoho CRM, Results CRM, and Levitate help accounting firms manage client relationships and track interactions. These platforms offer features such as contact management, pipeline tracking, and integration with other essential tools, providing a comprehensive view of client interactions and history. By adopting CRM systems for business development, public practice accounting firms can better understand their clients needs, identify growth opportunities, and provide personalized service.

Cybersecurity Solutions (Make sure to complete your 5293/4557 WISP!)

With the increasing reliance on digital tools and the handling of sensitive financial data, cybersecurity is more critical than ever for public practice accounting firms. Implementing robust security measures like multi-factor authentication, firewalls, and encrypted communication channels help protect client information and ensure compliance with professional regulations. Additionally, investing in tools like endpoint protection and network monitoring can further safeguard your firm from potential threats. Regular staff training on cybersecurity best practices is also essential to maintain a secure environment.

So, What Are The Right Tools For Your Firm?

In conclusion, integrating various cutting-edge technology tools into your public practice accounting firms tech stack is vital for success in todays competitive landscape. By embracing these tools, firms can enhance client service, improve efficiency, and stay ahead of professional trends. Regularly evaluating and adopting new technologies is essential to ensure your firm remains at the forefront of innovation in accounting. As you explore these tools, remember to prioritize staff training and support to ensure a smooth transition and maximize the benefits of your firms technology investments.

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Tom Hanks: I could appear in movies after death with AI technology – BBC

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16 May 2023

Image source, Getty Images

Hanks said: "I could be hit by a bus tomorrow and that's it, but performances can go on and on"

Tom Hanks has raised the prospect of his career continuing after his death using artificial intelligence.

The Forrest Gump and Cast Away actor said the technology could be used to recreate his image, ensuring he continued to appear in movies "from now until kingdom come".

But he admitted the developments posed artistic and legal challenges.

His remarks came as the Pet Shop Boys' Neil Tennant said AI could be used by musicians to complete songs.

"This has always been lingering," he said. "The first time we did a movie that had a huge amount of our own data locked in a computer - literally what we looked like - was a movie called The Polar Express.

"We saw this coming, we saw that there was going to be this ability to take zeros and ones from inside a computer and turn it into a face and a character. That has only grown a billion-fold since then and we see it everywhere."

The Polar Express, released in 2004, was the first film entirely animated using digital motion-capture technology.

Image source, Getty Images

Tom Hanks played several animated characters in The Polar Express

Hanks said talks are being held in the film industry about how to protect actors from the effects of the technology.

"I can tell you that there is discussions going on in all of the guilds, all of the agencies, and all of the legal firms in order to come up with the legal ramifications of my face and my voice and everybody else's being our intellectual property," Hanks added.

"What is a bona fide possibility right now is, if I wanted to, I could get together and pitch a series of seven movies that would star me in them in which I would be 32 years old from now until kingdom come.

"Anybody can now recreate themselves at any age they are by way of AI or deep fake technology. I could be hit by a bus tomorrow and that's it, but performances can go on and on and on and on.

"Outside the understanding of AI and deep fake, there'll be nothing to tell you that it's not me and me alone.

"And it's going to have some degree of lifelike quality. That's certainly an artistic challenge but it's also a legal one."

Image source, Lucasfilm Ltd.

Harrison Ford was "de-aged" for Indiana Jones: The Dial of Destiny

Similar technology has already been used in the latest Indiana Jones film, for which Harrison Ford, 80, was "de-aged" for the opening sequence.

Filmmakers trawled archived material of the younger Ford before matching it to new footage, creating the illusion of Indiana Jones in 1944.

Hanks acknowledged that the technological developments could lead to an AI-generated version of himself appearing in films he may not not normally choose.

He said: "Without a doubt people will be able to tell [that it's AI], but the question is will they care? There are some people that won't care, that won't make that delineation."

AI is also posing dilemmas for the music industry, with conflicting reactions to its use to make music by artists.

A song created using the cloned voices of Drake and The Weeknd was pulled from streaming services last month, but Grimes has encouraged musicians to use her voice to make music.

Pet Shop Boys' singer Neil Tennant told the Radio Times he was excited about the potential of the technology.

"There's a song that we wrote a chorus for in 2003 and we never finished because I couldn't think of the verses, " he said.

"But now with AI you could give it the bits you've written, press the button and have it fill in the blanks. You might then rewrite it but it would be a tool."

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Transform your career with Chief Technology Officer online course – Economic Times

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As the digital infrastructure is fast becoming a critical lifeline for modern businesses today, the role of Chief Technology Officer, whos in charge of leading and managing a team of technology professionals, is in high demand. As an aspiring or new Chief Technology Officer you will be responsible for ensuring that the technological stack of your organisation is informed by the latest trends, emerging and new technologies, and future-ready insights. However, as the technology landscape is evolving and impacting the way businesses are building products, the role of a CTO is much more layered and nuanced today. Today, the role of a CTO also calls for a drive for innovation, a deep understanding of how tech is reshaping market metrics and consumer demand, and the way how products are impacting people, smart strategic thinking, and a futuristic vision, among others.If this is the next leap you want to take in your career, a Chief Technology Officer programme can help equip you with the necessary leadership skills, such as strategic thinking, decision-making, team building, and communication, which are crucial for effectively leading a technology department. Catering to the need of organisations to hire high-functioning CTOs, several top management schools now offer executive learning programmes aimed at equipping working professions in the digital landscape with the necessary skills to drive digital transformation at their organisations.

Leadership programmes from Emeritus are geared to empower the next generation of CTOs with the necessary skills, insights, and outlook required to position themselves as digital strategists. One such programme is the Chief Technology Officer programme offered by the Indian School of Business (ISB). A Chief Technology Officer programme can be your gateway to unlock your true potential in the world of technology and leadership.

The course, which will begin in June 28, 2023, will span a duration of 24 weeks combining a mix of online and live sessions, requiring 4-6 hours per week.

This programme is aimed at senior technology leaders who are Chief Technology Officers or Chief Information Officers or Deputy/VP Technology or Information.

This programme will be beneficial for professionals who are looking to:

The following USPs of the ISB Chief Technology Officer programme make it a well-thought programme, which combines theory with the best of practical insights, industry learnings, and networking and collaboration opportunities:

Additionally, learners of this programme will get free one year premium access to Emeritus Insights, a microlearning platform, which can help you shape your success.

A CTO programme can provide you with a comprehensive understanding of various technical areas, including software development, infrastructure, cybersecurity, data analytics, cloud computing, and emerging technologies like artificial intelligence (AI) and blockchain. In addition, a CTO programme can teach you about business strategy, financial management, project management, risk assessment, and other essential business skills. Such cross-functional knowledge will enable you to make informed decisions that positively impact the organisation's bottom line.

Upon successfully completing the ISB Chief Technology Officer programme with a minimum 70% score, a learner will be awarded a certificate for the Chief Technology Officer programme from ISB Executive Education.

A structured CTO programme can help a tech leader stay ahead of the curve by providing insights into emerging technologies, industry trends, and best practices. This knowledge can help those who are at the forefront of technology to make informed technology decisions and drive innovation within their organisations. If you are a senior technology leader, enrolling for a CTO programme, this will demonstrate your commitment to professional development and your credibility as a deserving candidate for a top-tier technology leadership role. A CTO programme can also provide you with valuable credentials and certifications that can boost your resume and differentiate you from other candidates. In conclusion, as a CTO a constant desire to learn and unlearn, challenging oneself and staying curious will prove to be added drivers of your career.

FAQs:

Disclaimer: This content was authored by the content team of ET Spotlight team. The news and editorial staff of ET had no role in the creation of this article.

( Originally published on May 17, 2023 )

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e-Learning Jamaica Technology in Education Conference Slated for … – Government of Jamaica, Jamaica Information Service

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INTRODUCTION

Initial Officer Training Programme (IOTP) provides basic military officer training to Officer Cadets (OCdts) and their equivalents from law enforcement and uniformed services. The programme falls within the tactical level of the Professional Military Education (PME) framework of armed forces and is modelled from the Royal Military Academy Sandhursts (RMAS) Commissioning Course. It was designed with the direct support and guidance of RMAS Instructing and Support Staff.

Rationale

Traditionally, the Jamaica Defence Forces (JDF) longstanding partnerships with militaries across the world has seen its OCdts being trained in academies in the following countries: United States, England, Canada, China and India. Upon the return of OCdts to the JDF, there is a requirement for doctrine and operating procedure standardization due to the varying concepts and differing contents of the training they had undergone. This is normally done at the Unit level and later, through a Young Officers Course. The advent of COVID-19 added a new level of complexity to travel, thus negatively affecting the process of sending OCdts overseas. Additionally, the ongoing expansion and restructuring of the Force to cauterize the ballooning threats to national security has caused an increased demand for newly commissioned Second Lieutenants.

Due to the carefully adapted military and academic curricula, IOTP serves as the course to treat with the aforementioned considerations. The methodology used addresses each issue directly and the course, through the delivery of a bespoke training syllabus, is fit for the JDF and is also relevant to the militaries and organizations within the Caribbean region and in other parts of the world.

Concept

Having the RMAS approach to training at its core, IOTP is designed with a syllabus that sees male and female integration throughout training. The course focusses on developing military skills and command with a leadership golden thread. The course structure allows the Instructing Staff to educate, build, develop and scrutinize an OCdts ability to decide and communicate accurately and ethically while under pressure and or stress. The expectation is that on commissioning, an OCdt will be fully cognizant of the responsibilities and personal conditions that being an Officer imposes upon them. The product of the IOTP will be an ethical and robust Officer who has the knowledge, skills, attitudes and intellectual agility to adapt their decision-making process and approach to any environment.

Location

The home of IOTP is the Caribbean Military Academy (CMA) Newcastle, which is located at the Newcastle Hill Station, St Andrew, Jamaica.

Nestled in the cool hills of upper St Andrew and amidst beautiful trees, ferns, ground orchids, delicate wild flowers and a profusion of ginger lilies, is the Newcastle

Training Depot founded in 1841 by Major General Sir William Maynard Gomm (later Field Marshall). Gomm, a veteran of the wars against revolutionary France and Lieutenant Governor of Jamaica from 1840 to 1841, relentlessly badgered the War Office in London to establish a mountain station for British soldiers in Jamaica soon after taking up his post.

The idea of the hill station was first raised by Gomm in a letter dated April 7, 1840 to Governor Sir Charles Metcalfe. Gomm pointed out that while Up Park Camp was an ideal location for a barracks, it was subject to the ravages of yellow fever. In Jamaica the

British garrison was stationed on the plain at Up Park Camp, Stony Hill, Fort Augusta and Port Royal. Here, on the average, 1 soldier died every 2 days. According to Russell, the year 1838 was considered a good year: only 91 men died. In 1839, 110 men perished and in the following year 121. Initially, the British government was conservative in approving a hill station for the troops in Jamaica. They were concerned about the expense of the venture.

In May 1841, London finally sanctioned Gomms efforts to build what is thought to be the first permanent mountain station in the British West Indies at Newcastle. The site selected was a coffee plantation protruding from the southern face of the grand ridge of the Blue Mountains. The British government paid 4,230 for the Newcastle site.

At the outbreak of World War II (1939-1945), life at Newcastle changed a little. The British regiment was replaced by Canadian regiments which remained at Newcastle for the duration of the war. With hostilities over in 1945, the Canadians left and once again a British battalion was stationed there.

In 1958, the West Indies Federation was founded and the infantry regiments of the various Caribbean islands were disbanded and reorganized into the West India Regiment. Newcastle became a training depot, training recruits from all over the West Indies as part of the

newly formed West Indies Federation. In 1962 when Federation was disbanded, the West India Regiment was also disbanded. Jamaica simultaneously sought her independence, which was achieved on August 6, 1962. With independence, Newcastle was given to the Jamaican government as part of a general settlement of all military lands in Jamaica.

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Andrew Maynard | What’s a Luddite? From Industrial Revolution to … – TribDem.com

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The term Luddite emerged in early 1800s England. At the time, there was a thriving textile industry that depended on manual knitting frames and a skilled workforce to create cloth and garments out of cotton and wool.

But as the Industrial Revolution gathered momentum, steam-powered mills threatened the livelihood of thousands of artisanal textile workers.

Faced with an industrialized future that threatened their jobs and their professional identities, a growing number of textile workers turned to direct action. Galvanized by their leader, Ned Ludd, they began to smash the machines that they saw as robbing them of their source of income.

Its not clear whether Ned Ludd was a real person or simply a figment of folklore invented during a period of upheaval, but his name became synonymous with rejecting disruptive new technologies an association that lasts to this day.

Questioning doesnt mean rejecting tech

Contrary to popular belief, the original Luddites were not anti-technology, nor were they technologically incompetent. Rather, they were skilled adopters and users of the artisanal textile technologies of the time. Their argument was not with technology, per se, but with the ways that wealthy industrialists were robbing them of their way of life.

Today, this distinction is sometimes lost.

Being called a Luddite often indicates technological incompetence as in, I cant figure out how to send emojis. Im such a Luddite. Or it describes an ignorant rejection of technology: Hes such a Luddite for refusing to use Venmo.

In December 2015, Stephen Hawking, Elon Musk and Bill Gates were jointly nominated for a Luddite Award. Their sin? Raising concerns over the potential dangers of artificial intelligence.

The irony of three prominent scientists and entrepreneurs being labeled as Luddites underlines the disconnect between the terms original meaning and its more modern use as an epithet for anyone who doesnt wholeheartedly and unquestioningly embrace technological progress.

Yet technologists such as Musk and Gates arent rejecting technology or innovation.

Instead, theyre rejecting a worldview that all technological advances are ultimately good for society.

This worldview optimistically assumes that the faster humans innovate, the better the future will be.

This move fast and break things approach toward technological innovation has come under increasing scrutiny in recent years especially with growing awareness that unfettered innovation can lead to deeply harmful consequences that a degree of responsibility and forethought could help avoid.

Why Luddism matters

In an age of ChatGPT, gene editing and other transformative technologies, perhaps we all need to channel the spirit of Ned Ludd as we grapple with how to ensure that future technologies do more good than harm.

In fact, Neo-Luddites or New Luddites is a term that emerged at the end of the 20th century.

In 1990, the psychologist Chellis Glendinning published an essay titled Notes toward a Neo-Luddite Manifesto.

In it, she recognized the nature of the early Luddite movement and related it to a growing disconnect between societal values and technological innovation in the late 20th century.

As Glendinning writes, Like the early Luddites, we, too, are a desperate people seeking to protect the livelihoods, communities and families we love, which lie on the verge of destruction.

On one hand, entrepreneurs and others who advocate for a more measured approach to technology innovation, lest we stumble into avoidable and potentially catastrophic risks, are frequently labeled Neo-Luddites.

These people represent experts who believe in the power of technology to positively change the future, but are also aware of the societal, environmental and economic dangers of blinkered innovation.

Then there are the Neo- Luddites who actively reject modern technologies, fearing that they are damaging to society. New York Citys Luddite Club falls into this camp.

Formed by a group of tech-disillusioned Gen-Zers, the club advocates the use of flip phones, crafting, hanging out in parks and reading hardcover or paperback books.

Screens are anathema to the group, which sees them as a drain on mental health.

Im not sure how many of todays Neo-Luddites whether theyre thoughtful technologists, technology-rejecting teens or simply people who are uneasy about technological disruption have read Glendinnings manifesto. And to be sure, parts of it are rather contentious.

Yet there is a common thread here the idea that technology can lead to personal and societal harm if it is not developed responsibly.

And maybe that approach isnt such a bad thing.

Andrew Maynard is a scientist, author, and professor of advanced technology transitions at Arizona State University. He studies the future and how our actions influence it.

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At Yale, Kaloyan Kolev used technology to create and to make … – Yale News

Posted: at 10:41 am

It is folly, perhaps, to attempt to categorize or encapsulate the creative force that is Kaloyan Kolev.

Kolev, a graduating senior at Pauli Murray majoring in computer science, is a coder, a composer, a graphic designer, an essayist, and a video editor. He is an afficionado of forgotten disco songs, synthesizers, plunderphonics, Internet culture, and the Eurasian golden oriole. Above all, he is a proud Bulgarian.

I like to use technology to make things, to make art, that makes people think, Kolev said.

Although hed never set foot in the United States before coming to Yale for his first semester in August 2019, some online research gave him a sense that Yale was a place where he could follow each of his intellectual passions equally. And that proved to be the case, he said.

Kolev is co-president of the undergraduate design studio Design at Yale. He works on strategy and content design at Mental Canvas, a drawing software platform founded by Yale computer science professor Julie Dorsey. He is a team leader at the Student Technology Collaborative, leading a subgroup (called STC Studios) that creates visual identities for Yale clubs, academic departments, and startups.

I found academic freedom here, Kolev said. My friends and I started Design at Yale during my first year. Our idea was to do fun design interventions around campus, and I think weve had some real impact. That has been a very meaningful experience for me.

Another experience that meant a great deal to me was a computer science course I took, called Creative Embedded Systems. Every week, you made a machine out of components you were given. I feel like now I can make anything, he said.

This summer, Kolev will return to Sofia, Bulgaria, to see his family, write songs for a pop singer he knows, and compose music for a play. He also has an art exhibition going up. Then hell return to the U.S. to take a fulltime job at Mental Canvas, which is based in New York.

I tell first-year students, theres a way to do Yale where you can still get eight hours of sleep every night, take classes you enjoy, and make it a blissful four years of your life thats centered around intellectual curiosity, making things for the sake of making them, and getting to know yourself, he said.

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Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over … – Reason

Posted: at 10:38 am

In recent years, there have been many shifts in how states administer bar exams. One of the most significant developments has been the expansion of the Uniform Bar Exam (UBE). The upshot of the UBE is that a score is "portable." Someone who receives a passing score in one state can transfer that score to another state. The biggest downside, in my view at least, is that the UBE eliminates the requirement to know any state-specific law. Instead, the UBE focuses on "general" legal principles that apply uniformly across the country. In 2015, I warned that the spread of the UBE would obscure the important flavors of local law, and in the long run, harm federalism.

If law students are trained to believe that there is no difference between laws of different states, then an entire generation of lawyers will have even less regard for the values of federalism, wherein the states can serve as laboratories of democracy. There is an importance in State A and State B being able to approach the same principle of law in different ways. Prioritizing a uniform bar exam will diminish respect for that value.

Alas, my concerns did not prevail.

To date, 40+ jurisdictions have adopted the UBE, including my home state of Texas. And that number will eventually approach 50, as states without the UBE place their law students at a competitive disadvantage. The appeal of portability trumped the appeal of lawyers actually knowing the law of the state in which they'll practice. It is difficult to imagine any of these states could abandon the UBE, and revert to a state-specific exam.

Now that the states are hooked, the National Conference of Bar Examiners (NCBE) is preparing the next generation of the exam. The "NextGen" Exam, as it is known, will be launched in 2026. The 1Ls starting in the Fall 2023 will eventually sit for this exam. Prudent law schools will craft their curriculum, in particular 1L coverage, to ensure students are adequately prepared for the NextGen Exam. As usual, law schools are trying to prepare for a moving targetthe details of that NextGen are not yet final. And there is reason for concern.

Justice Jay Mitchell of the Alabama Supreme Court highlights some of the troubling revisions in the Wall Street Journal. For example, Mitchell notes, the exam will no longer test Family Law and Wills and Trusts. Last year, my colleagues and I submitted a letter observing that roughly half of the topics covered in property will be optionalthat is, students will only need a "general familiarity" with areas like covenants, recording statutes, and mortgages. If a topic is not covered on the exam, then law students likely will not learn that topic. And, when they venture into actual practice, they will be unprepared. For sure, baby lawyers can learn a topic they are unfamiliar with, and I'm sure all of them will. But the NCBE is proactively creating huge gaps in knowledge for all attorneys.

Beyond the substance covered, Mitchell explains how DEI is undergirding the entire process. And a watered-down exam may further reduce the exam's efficacy to measure a lawyer's fitness to practice.

But perhaps the biggest concern is the NCBE's use of the NextGen exam to advance its "diversity, fairness and inclusion"agenda. Two of the organization's stated aims are to "work toward greater equity" by "eliminat[ing] any aspects of our exams that could contribute to performance disparities" and to "promote greater diversity and inclusion in the legal profession." The NCBE reinforces this message by touting its "organization-wide efforts to ensure that diversity, fairness, and inclusion pervade its test products and services."

What does all this meanand how does it have any relation to the law? Based on the diversity workshop at the NCBE conference, it means putting considerable emphasis on examinees' race, sex, gender identity, nationality and other identity-based characteristics. The idea seems to be that any differences in group outcomes must be eliminatedeven if the only way to achieve this goal is to water down the test. On top of all that, an American Civil Liberties Union representative provided conference attendees with a lecture on criminal-justice reform in which he argued that states should minimize or overlook would-be lawyers' convictions for various criminal offenses in deciding whether to admit them to the bar.

None of this is encouraging. It shouldn't matter who you are or where you come fromif you can demonstrate minimal competency on the bar exam and meet a state's character-and-fitness requirements, you should be allowed to practice law. If you can't, you shouldn't be given a license to handle the legal affairs of others. The bar exam should test the law straightwithout respect to ideology and on a race- and sex-blind basis.

It would be helpful if a state could simply opt out of the NextGen exam. But they are all hooked onto the UBE. There's no turning back to the old ways. Mitchell proposes one potential off-ramp:

States, for their part, should push for the option to retain the current exam for at least the next five to 10 years until they can properly assess the effectiveness of the new exam. State courts and bar associations would also do well to insist that the NCBE commit in writing that the new exam will be ideologically neutral and blind to race and sex.

In hindsight, state Supreme Courts that adopted the UBE should have given due regard to federalism. Instead, we are stuck with one completely imperfect solution.

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Season of instability – The Kathmandu Post

Posted: at 10:38 am

Federal Nepal seems to have fully embraced the quintessential feature of Nepali politics: The making and breaking of governments. And if there is one primary reason why there is growing suspicion about the utility of provinces, it is the way politicians and political parties have used them as their puppets. Just as in the centre, the course of political instability out in the provinces is almost never over, which is evident in their failure to find stable governments, or fill their cabinets, six months after the November 2022 elections.

Its the same show all over again: Coalition partners are bickering over the number of ministerial portfolios they should get in the provinces. In Bagmati, only six of the 11 portfolios are filled even as Chief Minister Shalikram Jammakattel holds three ministerial berths due to his failure to honour the wishes of the Nepali Congress and CPN (Unified Socialist). In Madhesh, the Congress, the Unified Socialist and the Loktantrik Samajbadi Party are yet to join the government led by Chief Minister Saroj Kumar Yadav. In Sudurpaschim, four ministerial berths remain vacant as the Congress, the Maoist Centre and the Nagarik Unmukti Party tussle for more positions than Chief Minister Kamal Bahadur Shah is willing to offer.

The instability let loose with the breakup of the UML-Maoist Centre alliance shows no sign of coming to a halt soon even as Finance Minister Prakash Sharan Mahat prepares to present the federal budget in under two weeks. At this time, what the people expect from the provinces is to lobby for a greater say in policies and programmes and budget allocation. But all that they are doing is massaging the egos of the politicians from the provincial and federal levels. Having imported the political cultureor lack thereofof Kathmandu, the provinces have failed to assure the people about their utility for affirmative politics and positive transformation.

This is not the kind of federalism people signed up for when they welcomed the new constitution in 2015. The idea was for the power of Singha Durbar to devolve to the provinces and the local levels so that there would be multiple avenues of addressing peoples concerns. However, six years after the first federal elections, the idea of stability in the provinces remains a pipe dream, just as in the federal centre. This series of instability began after the Nepal Communist Party, formed with the merger of the UML and the Maoist Centre, imploded due to ego- and power-tussles between KP Sharma Oli, Pushpa Kamal Dahal and Madhav Kumar Nepal. As a result, governments in the provinces fell apart, too, in what was a cascading effect. If the disappointment of the first provincial governments after the adoption of federalism was not enough, the instability syndrome lingers on in their second term as well.

Although the idea of embracing federalism was to devolve power to provinces from the all-powerful centre, it seems as if all that has been devolved is the petty, power-centric politics of mainstream parties. On the outside, it may seem as if it is a time of great upheaval in the provinces, but the hullaballoo is nothing but a sign of diminishing spirit of federalism. There should be no surprise if the voices against federalism get more traction in the coming days if the season of instability does not change in the provinces.

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Season of instability - The Kathmandu Post

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Big Business’ New Plan Would Create Fifty New Immigration Policies – Federation for American Immigration Reform

Posted: at 10:38 am

The open-borders lobby is no stranger to bad-faith reform proposals, abusing the language of fairness as they try to scrap all migration controls entirely. Unfortunately for American citizens, bad ideas frequently come from unusual suspects. Even while acknowledging our Southwestern border crisis, two Republican governors are now among those advocating for a potentially disastrous plan that would wreak havoc on our legal immigrationpolicies.

Governors Eric Holcomb of Indiana and Spencer Cox of Utah endorsed state-sponsored visas in The Washington Post in February, strengthening more recent pushes for this flawed and destructive policy. Their proposal would allow states to sponsor visas (which only the federal government can grant) specifically for immigrants to fill entry-level, low-skill roles in that state. The governors inexplicably present this plan as a solution to both our border crisis and supposed local labor shortages, and business groups hungry for cheap labor to undercut Americans have joined their cause in Newsweek.

The basic premise of this proposal is fatally flawed because states do not exist in isolation and travel between them is unrestricted. Allowing sanctuary states like California to unilaterally admit immigrants into the U.S. undermines the most basic structure of federalism by usurping the federal responsibility to control and regulate immigration. No effective controls exist that would keep those admitted from moving wherever they want in the country, and the proposal would not extend to states the ability to refuse these immigrants. There are no solutions to state-level shortages addressed here because immigration is by its nature not something that can be restricted to one place. State-sponsored admission of low-skill foreign workers could become a backdoor for a few states to flood the rest with un-asked-for competition and crowd out Americancitizens.

In fact, that crowding actually seems to be the desired effect. The American Business Immigration Coalitions use of the nonsense term parole visas in their Newsweek piecebetrays the open-borders cheap labor lobbys true intentions. Immigration parole, intended for very limited uses, is currently being grossly abused without oversight to bring hundreds of thousands of illegal aliens into the U.S. every year (a number the piece incredibly calls very limited) with work authorization. If 360,000 illegal aliens ushered into the U.S. annually by the federal government is a very limited number to the cheap labor lobby, imagine how many millions would be admitted if the parole abuses of the White House extended to state capitols across the country. Cheap illegal alien workers are a huge net drain on the economy, not a benefit, and these governors proposals would actively hurt their American constituents who would be replaced by lower-paid foreign workers.

Bad policies that make U.S. immigration law look weak create a self-perpetuating cycle of illegal immigration, as weve seen throughout the Biden administration. Inadequate enforcement and poorly conceived handouts like this proposal draw, rather than deter, ever more migration to the U.S. and strengthen the pull to the border, while American citizens pay for the incredible expense that these migrants create in our schools and hospitals. American jobs should not be a free-for-all for the lowest bidder, but proposals like this show that the cheap-labor lobby and many politicians would be happy to put American citizens last inline.

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Big Business' New Plan Would Create Fifty New Immigration Policies - Federation for American Immigration Reform

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Trump Indictment Tests Congress’s Role in State Investigations – Bloomberg Law

Posted: at 10:38 am

Recent years have seen a flurry of congressional investigations, and state prosecutors have also launched high-profile investigations and prosecutions targeting national figures.

Those trends collided this year after a New York state judge unsealed a 34-count indictment against former President Donald Trump, alleging Trump had falsified business records. Within a week, Republicans on the House Judiciary Committee subpoenaed the testimony of a former assistant district attorney, Mark Pomerantz, who had worked on the case. Manhattan District Attorney Alvin Braggs office promptly sued to quash the subpoena.

Though the parties settled the case, allowing the committee to question Pomerantz, the feud is far from over. At his deposition, Pomerantz reportedly refused to answer questions, invoking various privileges and his Fifth Amendment right against self-incrimination.

The next phase of the conflict between House Republicans, the district attorney, and Pomerantz is unclear, but it seems inevitable the smoldering feud will break back into flames at some point.

And when it does, the resolution will offer important guidance about what limits, if any, there are on Congresss power to probe state criminal investigations. It may also set the template for how House Republicans might respond if Fulton County, Ga. District Attorney Fani Willis announces any charging decisions this summer in her investigation into the 2020 election.

In April, the New York District Attorney sued to enjoin enforcement of the Judiciary Committee subpoena and sought a temporary restraining order, arguing the subpoena exceeded the scope of Congresss authority to investigate, invaded the sovereignty of New York in violation of federalism principles, and sought information subject to privilege and grand jury secrecy requirements. The proffered legislative bases for the subpoena, the district attorneys lawsuit asserted, were pretextual.

Meanwhile, the Judiciary Committee argued the subpoena had a valid legislative purpose because the district attorneys office had used federal money in connection with its investigation of Trump and Trump-related entities, and because the inquiry related to potential legislation. The committee also maintained the lawsuit was precluded by the Constitutions Speech or Debate Clause.

Noting the breadth of Congresss authority to investigate, the district court in New York refused to grant the restraining order, concluding that the subpoena served a valid legislative purpose. The district attorney immediately appealed.

While the appeal was pending, the parties settled, paving the way for the committee to question Pomerantz behind closed doors. Though the exact terms of the settlement were confidential, the committee presumably expected Pomerantz would answer many of its questions, which he didnt.

Pomerantz reportedly justified that refusal by pointing to New York laws that prohibit disclosing grand jury materials or other information about ongoing criminal investigations, along with his Fifth Amendment right against self-incrimination.

With this latest impasse, the committees dispute with the district attorney and Pomerantz may spill back into the courts. The committee may seek a court order forcing Pomerantz to answer specific questionsparticularly if it believes Pomerantzs refusal to answer questions violates the committees settlement agreement with the district attorney. (Because Pomerantz was a nominal defendant in the DAs lawsuit, he presumably participated in settlement discussions and is party to any settlement agreement.)

Or the committee might employ more traditional means for enforcing a congressional subpoena, such as holding Pomerantz in contempt or referring his conduct to the Department of Justice for potential prosecution. The committee might also issue new subpoenas seeking testimony from others in the district attorneys office or subpoena Pomerantz for documents. Any of these paths seems likely to return the dispute to court, triggering many of the same issues raised in the April lawsuit.

How a court resolves that looming dispute could have far-reaching implications. A ruling that Congress has no valid legislative purpose in investigating state-level law enforcement and police activities, or that federalism principles prohibit such an inquiry, would arguably break new legal ground. Although the Constitution largely commits policing and law enforcement to states, Congress often legislates in ways that intersect with states law-enforcement power, and congressional investigations have occasionally examined state-level policing.

At the same time, a ruling categorically approving congressional probes into ongoing state criminal proceedings could have equally serious consequences. Prosecutors and witnesses in criminal cases operate on the assumption that, at least before trial, their communications will be confidential. Allowing Congress to access or publish those communications may discourage witnesses from cooperating with prosecutors out of fear that they may become political targets. It may also influence how prosecutors evaluate or charge cases that might be unpopular with the majority party in Congress.

Apart from any court ruling, how House Republicans respond to Pomerantzs refusal to answer questions will have immediate practical consequences. Fulton County District Attorney Willis has promised to announce any charging decisions this summer. Her office will no doubt watch whether House Republicans move to force Pomerantz to answer questions, or issue additional subpoenas to state prosecutors. Georgia prosecutors may already be taking steps to insulate investigative materials from future congressional inquiries. And House Republicans are likely also using the dispute with the Manhattan District Attorney to fine-tune their strategy ahead of the prospective conflict with Georgia investigators.

The conflict between House Republicans and the Manhattan District Attorney is likely the first in a string of showdowns between Congress and state prosecutors. How that dispute is resolved will influence how both Congress and state prosecutors approach future conflicts, and may even establish important precedent on the limits of congressional investigations generally.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Eric R. Nitz is a partner and Kenneth E. Notter an associate at MoloLamken. They represent companies and individuals in connection with investigations of all typescriminal, congressional, and regulatory.

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Trump Indictment Tests Congress's Role in State Investigations - Bloomberg Law

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