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Business Law JD Personal Statement Sample, Mexican American

Mexico currently is at 98th place in Transparency International’s ‘Worldwide Corruption Perceptions Index’ and stands alongside such countries as Burkina Faso. Although the Index may be an imperfect measure, it is known that money laundering has been increasing in the country over the past 15 years and at 2010 was estimated to involve a sum of $10 Billion. Consequently much of the money circulating in the formal economy of Mexico has originated in corrupt transactions or illegal activity and has been successfully laundered.

The problems arising from so much ‘dirty’ money circulating in the formal economy and the corruption from which it arises include: the inability of the government to accurately estimate the level of legitimate economic activity and thus apply effective economic programs; the reluctance of legitimate foreign enterprises to do business with, and in, Mexico compared to other countries and thus a loss of jobs, income and prestige; the building of sub-standard and potentially dangerous infrastructure as monies are siphoned off from project funds to pay bribes, as seen in China recently; and the risk (or reality) of a compromised and undermined banking and judicial systems, and civil service.

The Mexican government has introduced some of the toughest restrictions in history on dollar cash transactions but other types of transaction are subject to relatively loose regulation currently and much remains to be done to eradicate money laundering and thus discouraging the corruption and criminal activity that necessitates and feeds it.

I am very interested in the effects of the corruption in the country on local industry and in conducting detailed research into the measurable effects of corruption, specifically money laundering, and to learn how the Foreign Corrupt Practices Act and related regulations are currently applied and how they might be improved. It seems clear that the Mexican banking industry either lacks effective compliance regulations or is failing to apply them as intended, although the possibility that ‘loose’ regulation has been purposefully introduced cannot be excluded nor the possibility that officials may be fearful about imposing them assiduously or have been bribed not to do so, similar considerations will apply to the judiciary and the civil service.

It seems that most laundered funds eventually reach banks in countries where bank secrecy is guaranteed and that Mexican banks are merely intermediaries. The current threshold for transactions that are subject to investigation is relatively high and should, in my view, be revised urgently so that more investigations are conducted. Certainly a much more generally aggressive approach seems to be a necessary first step, if things are to be improved. There should be a right, and readiness, to examine and freeze individual bank accounts pending investigations and proceedings together with the seizure of all liquid assets belonging to the relevant individual/corporation once any transaction is established to have been illegal. Banks should be given the incentive to ensure that suspicious transactions are identified and rapidly reported by ensuring that substantial fines and other penalties are applied for any proved failure to do so.

It seems that the proactive tracking of laundered money is currently almost non-existent. It is astonishing that billions of suspect dollars are wired annually into the global financial system without investigation. The will to tackle this problem is clearly lacking for some reason and it would be interesting to try to establish exactly why this is so as well as the extent to which it is true.

Mexico is currently conducting 15 open investigations with the US authorities but it is understood that the US authorities regard as inadequate the mechanisms for the exchange of information and so the means of liaison should be improved substantially and urgently.

To summarize: either regulation is inadequate or is not being imposed or is imposed on an uneven basis. I would say that all these situations apply but that it is necessary to know the extent to which each obtain so that effective remedies can be formulated. 

INTRODUCTION TO BUSINESS LAW

Business Law 101, Presented by Alex Bruno to UCLA Extension Business Plan Development course, on the UCLA Campus March 7, 2016. Instructor, Harry Redinger, MBA.

Why clerkships are an important step in becoming a lawyer with insight from a lawyer in this free video o

Business Law Admissions, Tips & Strategies

I am usually online 7 mornings a week (EST, New York Time) to assist you with your Personal Statement for Law School. 

 

I get started each day, often before sunrise, drafting on behalf of my clients on their way to Law School. I only do my best, taking the time to reflect on your story as well. Generally speaking, my clients who are seeking to build a career in the area of Immigration Law, are themselves immigrants, or from immigrant families for whom the experience of immigration was in many ways most fundamental to their lives, the challenges that they faced, and also their hard-won triumphs.

 

I apologize for the fact that I am not usually able to talk and I need your information in text form so as not to confuse the stories of the many clients that I am assisting all at the same time. I usually work with the client's rough draft as well as the information provided on my interview form - along with the resume or CV for reference.

All of the Statement samples on this web site were written more than 2 years ago and all are anonymous.

 

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LLM degree in Commercial or Business Law?

Individuals who are interested in pursuing careers in finance, international commerce and global policy making, or who wish to practice as a barrister or solicitor under the court of law, may be strongly compelled to obtain a LLM degree, otherwise known as Master of Laws. Applicants who seek to complete this degree are generally interesting in legal practice. While the LLB degree or Bachelor of Laws is considered the first admission into legal practice, further training and schooling is often required in the United States and Canada. As a result, American and Canadian applicants often opt for a Juris Doctor or Masters of Laws degree. Students who choose to study in the area of business in commercial law specifically, may be attracted to the idea of becoming a corporate solicitor, commercial or finance lawyer, or serve as legal counsel for a large firm, whether internationally or domestically. With the recent national surplus of undergraduate law students, the employment rate for LLB graduates has unfortunately decreased: so one of the major advantages for applicants who choose to obtain their LLM degree in Commercial and Business Law is the increased amount of compensation these individuals are likely to receive for their work as a specialized attorney in their field.

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Sample 1st Paragraph: LLM Program, Business, Commerce, Indian

One of the things that I find most exciting about embarking on a career in law in my country, India, is the way in which, in recent years, she has been experiencing an unprecedented legislative security that is strengthening our democracy; helping to usher in economic and policy reforms that have gone a long way to resurrect a sick and moribund economy. One key factor in this success has been a widespread resolve to protect the investments of foreign investors—the principal motor that is driving our economic growth. I plan to devote my professional lifetime to helping investors from all over the world to invest in our economic miracle, safely and profitably. It will be a profound honor for me to serve professionally in this capacity and I see XXU as the very finest program available that would provide me with the optimal platform to excel upon launching my legal career in India, after completing your particularly distinguished, cutting-edge LLM program.

The Humanitarian Side of Business, Commerce, Trade

The humanitarian side of business, commerce and trade is really rather interesting. And who could be better to tell us all about international humanitarian law, than Philip Spoerri, the International Committee of the Red Cross (ICRC) Director for International Law and Cooperation? With the globalization of market economies, business has become an increasingly prominent actor in international relations. It is also present more regularly in situations of armed conflict these days. Companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. And some of their conduct in armed conflict may lead to violations of the law.

The ICRC engages with the private sector on humanitarian issues in order to ensure compliance and clarify the obligations that business actors have under international humanitarian law (IHL). It encourages them to comply with the commitments they have agreed to under various international initiatives to respect IHL and human rights law. Philip Spoerri started his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he was based in various different countries, including Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he was head of the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006. Then he took up his current position. Before joining the ICRC, Spoerri worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University. He has also studied at the universities of Göttingen, Geneva, and Munich.

1. Are business actors aware of international humanitarian law, and of their obligations under this body of law?

Over the years, companies have become more familiar with human rights law. More and more business actors are making an effort to respect human rights, and not become involved in human rights abuses. However, business enterprises are generally less aware of IHL. They do not necessarily know that, in times of armed conflict, this special body of law applies, and that it might be relevant to them.

International humanitarian law applies to both international armed conflict (which oppose two or more states) and non-international armed conflict (civil war), but it does not apply to situations of internal disturbances and tensions. It is important to recognize the difference between international and non-international armed conflict. The first category is covered by an extensive range of IHL treaty rules. The second is governed by a more limited set of treaty rules. Internal disturbances and tensions, on the other hand, are regulated by human rights law and domestic law.

IHL and human rights law are two different yet complementary bodies of law. In situations of armed conflict, human rights continue to apply, complement and reinforce the protection conferred by IHL.

However, IHL remains the body of law designed for application in times of armed conflict. In cases where both bodies of law regulate an issue and there is a conflict of norms, IHL will prevail and human rights law will be interpreted in accordance with IHL standards.

During times of hostility, for example, the right to life of a soldier must be interpreted in light of the IHL rules, which permit attacks on combatants.

And while certain human rights norms can be derogated from in certain situations, one cannot derogate from international humanitarian law. Most importantly one of the main differences between human rights law and IHL for businesses is that

IHL is binding on states, non-state actors, and individuals, whereas human rights law is explicitly binding on states.

2. How are business actors bound by IHL if they have not signed any commitment to respect those rules?

IHL consists of several treaties, such as the 1949 Geneva Conventions and their

Additional Protocols of 1977 and 2005, and customary international law. Those treaties are signed by states, not by business enterprises.

But they clearly contain obligations for non-state actors. Imagine, for example, a national law on taxation. Business enterprises are bound by that law. They will need to pay taxes, but they did not sign the law.

The same goes for the obligations under IHL—once the business enterprise finds itself operating in an armed conflict and carries out activities related to the armed conflict, IHL applies. The business actors, in this case, will be bound by the rules of IHL and have certain obligations, which if violated could lead to criminal or civil liability.

3. How does IHL offer protection to business enterprises during armed conflict?

Firstly, where business actors are carrying out their usual activities (where such activities are not related to hostilities, and where the employees are not embedded in any armed forces), they are considered to be civilians under IHL.

As civilians, they cannot be the object of direct attacks by the parties in the conflict.

IHL poses a condition for civilians to be protected against direct attack: they have to refrain from directly participating in hostilities.

If they do not do so, they lose their protection for as long as they directly participate in hostilities. So what constitutes ‘direct participation in hostilities’? Any act that is intended to support one party to the conflict by directly causing harm to another party (e.g. either by directly inflicting death, injury, or destruction, or by directly harming the enemy’s military operations or capacity) is considered a direct participation in hostilities.

In the case of private military and security companies, for example, activities such as guarding captured military personnel, providing a party to the conflict with tactical targeting information for an attack, operating weapons systems in combat operations, or delivering ammunitions to combatants in the battlefield are considered direct participation in hostilities.