Law Review - a proposal

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Callipygian
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Law Review - a proposal

Post by Callipygian »

At the final meeting of the previous RA there was extensive discussion of law review. Concerns were raised about both options under discussion- citizen's- initiative law review and proposed RA Commission law review.

The major concerns appeared to be:

-transparency of the process
-inclusion of those wanting to participate
-visibility of the process and how to participate
-reporting of progress
and
-remit of the RA.

To address these concerns, and with the intention of establishing a framework for current and ongoing review of the CDS body of laws in a structured and consistent manner, I am proposing a Non Government Organization, with its Charter approved by the RA. The CDS has, in the past, recognized such an NGO in the Guild, so there is precedence for this approach.

The following is the draft Charter for a Law Review NGO. Members of the current RA have received a copy of this draft, and I am now posting it here for public discussion. The intention is to have this added to the first RA agenda on 11th of June. Therefore comments should be made before June 8th to allow time for any editing and for a final draft to go to the LRA in time for publication.

CDS LAW REVIEW CHARTER - draft

RATIONALE

Experience has shown us that without ongoing review the body of laws can become out-dated,  contradictory and challenging to understand and apply.
An NGO provides a method to ensure ongoing review of the body of laws, with continuity that cannot be guaranteed by using the Commission structure (subject to review and possible discontinuation each six months).
The NGO structure allows and encourages participation by all citizens of CDS, permits review of multiple laws simultaneously and formalizes a process of review, reporting, and recommendation to the RA, to ensure transparency and awareness of the NGO’s activities.

PURPOSE

The purposes of the Law Review are to:
A. review existing laws for
(a) conflicts among and between the laws and Constitution,
(b) obsolescence,
(c) clarity of language and
(d) practical application and enforcement
B. present findings and recommendations for public review and consideration by the Representative Assembly (RA).
C. encourage citizen familiarity with the CDS Constitution and Laws and to engage interested citizens in the review process. The existence of the NGO does not limit the rights of citizens to communicate with the RA.

MISSION

To establish and maintain coherence and consistency between and among the CDS Constitution and Laws.

IDENTITY
Law Review (LR) is a non-governmental organization (NGO) and based in the community of the Confederation of Democratic Simulators (CDS). As a self-organizing, self-selecting sub-group of CDS citizens, Law Review is open to any citizen who wishes to participate.

MEMBERSHIP

Participation is open to any willing and interested citizen; however, no one serving in elected office or as an SC member can serve as Chair, Vice Chair or Secretary.

ROLES

1. The Chair maintains lists of laws for review; assigns project leaders;  convenes and leads meetings;and sends final drafts and occasional work-in-progress reports to the LRA for inclusion on the RA agenda.

2. The Vice-Chair maintains and publishes a monthly membership list on the LR Forum thread with invitations to citizens to participate; schedules quarterly informational meetings and takes over from the Chair should the need arise. 

3. The Secretary publishes drafts of proposed laws and transcripts to the appropriate LR Forum/s and informs the Chair; sends in-world group notices alerting citizens to drafts posted to the forums or sent to the LRA for inclusion on a RA agenda; at the request of the Chair produces work-in-progress reports for the Chair.

4. Project leaders volunteer and are assigned by the Chair in consultation with General Members. Project Leaders lead the editing process for specific laws; respond to comments from work group members; notify the Chair and Secretary when a revision is ready to be posted to the LR Forum; responds to comments there and, where appropriate, incorporates this feedback into the draft revision, for review  by the work group.

5. General Members join by notifying the Chair, Vice Chair, or Secretary of their interest and willingness to participate actively in one or more ongoing work groups; General Members  become part of the work group on any project they choose to participate in, including commenting on any drafts presented via the Forum.

REVIEW PROCESS

1. The Chair may request volunteers to act as Project Leaders on laws listed for review. General Members may also  identify laws for review and volunteer as Project Leader. The Chair will assign a Project Leader from among those expressing interest.

2. The Project Leader (PL) will create  the necessary documents for group revision. The  PL will give access to suggest and comment to any General Member who requests access. Editing ability, to incorporate suggestions and comments, remains with the PL. The PL may choose to give edit rights to additional work group members.

3. When a law under review involves the duties of an elected or appointed role, LR will invite one or  more persons who have functioned in that role to participate in review.

4. When drafting potential revisions to laws, LR work groups will attempt to reach consensus on the content of the proposed revisions. In the event of dissenting views, there are three basic avenues for resolution regarding recommendations to the RA:
a. participate in the writing of the recommendation and negotiate for your perspective during that process;
b. comment  on the draft when it is posted in the Forums for review
c. attend a meeting of the RA and provide your viewpoint when the particular law is on the agenda.

4. If there is unresolved dissent regarding the draft of a law revision, multiple versions of the draft may be posted to the LR Forum/s for comparison and comment. This feedback will be considered and incorporated where appropriate, to produce one draft for submission to the RA.

PROCESS FOR DRAFTING BILLS

LR provides a process for group feedback and collaboration. All citizens have the right to create and submit Bills (proposed new legislation) to the RA individually, or in groups, Some citizens or RA members may want to utilize the structure and process of LR  to assist in developing Bills with collaboration and group feedback.
Any citizen wishing to draft new legislation can indicate their interest to the Chair, who will notify General Members that a citizen or RA member is inviting participation in drafting proposed legislation. General Members can then contact that citizen to arrange participation.
Drafting proposed legislation is not in the mandate or purpose of LR; therefore LR will notify General Members, but will not recognize such requests as LR projects. The process, Forum postings. and presentation of any resulting Bill  to RA is the responsibility of the initiating individual.

WORK PLATFORMS

Law Review uses a shared editing platform to enable easy collaboration, posting, and integration of comments on written text, without regard to time zones. The current platform for collaborative editing is Google docs. Members who can’t access the shared editing platform in use have the option, with the cooperation of another volunteer, of commenting via email or inworld notecards. Project Leaders may also use Skype, email, Voice or inworld discussions among their work group, to facilitate understanding and progress

MEETINGS

Drawing from citizens who have been working on the  Citizens Law Review Initiative, LR will be created with Aedan Charron as temporary Chair and Widget Whiteberry as temporary Secretary.  
Aedan will invite citizens to join LR by Forum posting and Inworld notice. A meeting of those who request General Membership will be held in world within 4 (four) weeks of LR’s creation as an NGO, to elect a Chair, Vice Chair and Secretary. Thereafter, once a year, LR will elect its officers at a business meeting of the membership.

Law Review will convene quarterly informational meetings for inworld discussion with interested parties.

1. These public informational meetings are inclusive and anyone who attends can participate.

2. Transcripts of these informational meetings will be captured and published on the LR Forum thread.

May 28/2016

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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Rosie Gray
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Re: Law Review - a proposal

Post by Rosie Gray »

IDENTITY
Law Review (LR) is a non-governmental organization (NGO) and based in the community of the Confederation of Democratic Simulators (CDS). As a self-organizing, self-selecting sub-group of CDS citizens, Law Review is open to any citizen who wishes to participate.

I am somewhat confused by how the LR can be self-selecting but also open to any citizen who wishes to participate. What if the established group doesn't want a citizen to join it, who declares that they want to? Can they self-select not to accept the person? Perhaps I am misunderstanding this, but would appreciate clarification.

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Re: Law Review - a proposal

Post by Callipygian »

Rosie Gray wrote: Sat May 28, 2016 10:26 pm

IDENTITY
Law Review (LR) is a non-governmental organization (NGO) and based in the community of the Confederation of Democratic Simulators (CDS). As a self-organizing, self-selecting sub-group of CDS citizens, Law Review is open to any citizen who wishes to participate.

I am somewhat confused by how the LR can be self-selecting but also open to any citizen who wishes to participate. What if the established group doesn't want a citizen to join it, who declares that they want to? Can they self-select not to accept the person? Perhaps I am misunderstanding this, but would appreciate clarification.

Self-selecting means 'determine one's own status with regard to membership in a group' - for example, when you use Survey Monkey to gather information it is a self-selecting survey sample: people choose for themselves whether or not to participate. So self-selecting applies to individuals in their choice to join or not.

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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Delia Lake
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Re: Law Review - a proposal

Post by Delia Lake »

In very simple terms, if you want to join the LR, you join and become a member. If you don't want to join, you don't join. Each member self-selects to become a member.

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Re: Law Review - a proposal

Post by Widget Whiteberry »

And each person determines their particular interests and level of involvement.

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Re: Law Review - a proposal

Post by Leslie Allandale »

I understand that this proposal is following a standard format, which includes a Purpose and a Mission. The first is an important inclusion, since it is proposed as a tool (like a box knife or band saw, which are used to cut cardboard or saw wood), and has well defined uses for a range of tasks, over time. A mission, on the other hand, is a specific task (like one given to Charlie's Angles, or the Green Beret) using a variety of tools, which -- if in this case is not just an extra packet of words -- should cover all the tasks it is being designed for -- irrelevant laws, for example, not just inconsistent ones.

On another note, while I understand the phrase "self selecting" to mean "not selected by an electorate or parent group," it is not, in itself, clear whether it is "anyone selecting themselves to be members" or "members selecting others to join." One might substitute the phrase "member selected" to avoid what is meant by "self," in which case, would one who was not a current member be an appropriate "selector?" I know this is a "picky" argument which might mean little, but as I have been reminded, words are an important part of any text.

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Re: Law Review - a proposal

Post by Callipygian »

Leslie Allandale wrote: Thu Jun 09, 2016 5:47 am

...
On another note, while I understand the phrase "self selecting" to mean "not selected by an electorate or parent group," it is not, in itself, clear whether it is "anyone selecting themselves to be members" or "members selecting others to join." One might substitute the phrase "member selected" to avoid what is meant by "self," in which case, would one who was not a current member be an appropriate "selector?" I know this is a "picky" argument which might mean little, but as I have been reminded, words are an important part of any text.

To change this to' member-selected' would result in the opposite of the current 'self-selected' - and from conversations we have had I don't believe that is your intent. I can certainly add an explanation of 'self-selected' based on the Cambridge English Dictionary, which gives the meaning as "involving people or organizations that choose to take part in an activity, rather than being chosen by someone else".

Your other comment about mission and purpose can be addressed by combining the two areas - since Mission is commonly a statement of purpose.

I'll make edits for posting later today.

Thank you for your feedback Leslie!

Calli

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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Law Review NGO Draft Charter - final draft for RA

Post by Callipygian »

The feedback received on the previous draft has been incorporated to create this final draft for RA submission. It has been placed on the agenda for the RA meeting Saturday June 11.

Changes from previous draft:

-'using the Commission structure..' changed to 'using the Committee or Commission structure...' to reflect correct terminology

-Mission and Purpose combined for clarity

-explanation of self-selection included for clarity

Thanks are due to Widget for creating the first outline for this draft Charter, and to Delia, Coop, Widget and Aeden for participating in the discussion, review and editing of the drafts in progress. Thank you also to those citizens who have taken the time to read and consider the Charter and give feedback.

CDS LAW REVIEW CHARTER - draft for RA submission

RATIONALE

Experience has shown us that without ongoing review the body of laws can become out-dated, contradictory and challenging to understand and apply.
An NGO provides a method to ensure ongoing review of the body of laws, with continuity that cannot be guaranteed by using the Committee or Commission structure (subject to review and possible discontinuation each six months).
The NGO structure allows and encourages participation by all citizens of CDS, permits review of multiple laws simultaneously and formalizes a process of review, reporting, and recommendation to the RA, to ensure transparency and awareness of the NGO’s activities.

MISSION

To establish and maintain clarity, coherence and consistency between and among the CDS Constitution and Laws by

A. reviewing existing laws for
(a) conflicts among and between the laws and Constitution,
(b) obsolescence,
(c) clarity of language and
(d) practical application and enforcement
B. presenting findings and recommendations for public review and consideration by the Representative Assembly (RA).
C. encouraging citizen familiarity with the CDS Constitution and Laws and engaging interested citizens in the review process.

The existence of the NGO does not limit the rights of citizens to communicate with the RA.

IDENTITY
Law Review (LR) is a non-governmental organization (NGO) and based in the community of the Confederation of Democratic Simulators (CDS). The NGO membership is a self-organizing, self-selecting sub-group of CDS citizens; self-selection allows individual citizens to choose for themselves whether to participate or not, and ensures that Law Review is open to any citizen who wishes to participate.

MEMBERSHIP

Participation is open to any willing and interested citizen; however, no one serving in elected office or as an SC member can serve as Chair, Vice Chair or Secretary.

ROLES

1. The Chair maintains lists of laws for review; assigns project leaders; convenes and leads meetings;and sends final drafts and occasional work-in-progress reports to the LRA for inclusion on the RA agenda.

2. The Vice-Chair maintains and publishes a monthly membership list on the LR Forum thread with invitations to citizens to participate; schedules quarterly informational meetings and takes over from the Chair should the need arise.

3. The Secretary publishes drafts of proposed laws and transcripts to the appropriate LR Forum/s and informs the Chair; sends in-world group notices alerting citizens to drafts posted to the forums or sent to the LRA for inclusion on a RA agenda; at the request of the Chair produces work-in-progress reports for the Chair.

4. Project leaders volunteer and are assigned by the Chair in consultation with General Members. Project Leaders lead the editing process for specific laws; respond to comments from work group members; notify the Chair and Secretary when a revision is ready to be posted to the LR Forum; responds to comments there and, where appropriate, incorporates this feedback into the draft revision, for review by the work group.

5. General Members join by notifying the Chair, Vice Chair, or Secretary of their interest and willingness to participate actively in one or more ongoing work groups; General Members become part of the work group on any project they choose to participate in, including commenting on any drafts presented via the Forum.

REVIEW PROCESS

1. The Chair may request volunteers to act as Project Leaders on laws listed for review. General Members may also identify laws for review and volunteer as Project Leader. The Chair will assign a Project Leader from among those expressing interest.

2. The Project Leader (PL) will create the necessary documents for group revision. The PL will give access to suggest and comment to any General Member who requests access. Editing ability, to incorporate suggestions and comments, remains with the PL. The PL may choose to give edit rights to additional work group members.

3. When a law under review involves the duties of an elected or appointed role, LR will invite one or more persons who have functioned in that role to participate in review.

4. When drafting potential revisions to laws, LR work groups will attempt to reach consensus on the content of the proposed revisions. In the event of dissenting views, there are three basic avenues for resolution regarding recommendations to the RA:
a. participate in the writing of the recommendation and negotiate for your perspective during that process;
b. comment on the draft when it is posted in the Forums for review
c. attend a meeting of the RA and provide your viewpoint when the particular law is on the agenda.

4. If there is unresolved dissent regarding the draft of a law revision, multiple versions of the draft may be posted to the LR Forum/s for comparison and comment. This feedback will be considered and incorporated where appropriate, to produce one draft for submission to the RA.

PROCESS FOR DRAFTING BILLS

LR provides a process for group feedback and collaboration. All citizens have the right to create and submit Bills (proposed new legislation) to the RA individually, or in groups, Some citizens or RA members may want to utilize the structure and process of LR to assist in developing Bills with collaboration and group feedback.
Any citizen wishing to draft new legislation can indicate their interest to the Chair, who will notify General Members that a citizen or RA member is inviting participation in drafting proposed legislation. General Members can then contact that citizen to arrange participation.
Drafting proposed legislation is not in the mandate or purpose of LR; therefore LR will notify General Members, but will not recognize such requests as LR projects. The process, Forum postings. and presentation of any resulting Bill to RA is the responsibility of the initiating individual.

WORK PLATFORMS

Law Review uses a shared editing platform to enable easy collaboration, posting, and integration of comments on written text, without regard to time zones. The current platform for collaborative editing is Google docs. Members who can’t access the shared editing platform in use have the option, with the cooperation of another volunteer, of commenting via email or inworld notecards. Project Leaders may also use Skype, email, Voice or inworld discussions among their work group, to facilitate understanding and progress

MEETINGS

Drawing from citizens who have been working on the Citizens Law Review Initiative, LR will be created with Aedan Charron as temporary Chair and Widget Whiteberry as temporary Secretary.
Aedan will invite citizens to join LR by Forum posting and Inworld notice. A meeting of those who request General Membership will be held in world within 4 (four) weeks of LR’s creation as an NGO, to elect a Chair, Vice Chair and Secretary. Thereafter, once a year, LR will elect its officers at a business meeting of the membership.

Law Review will convene quarterly informational meetings for inworld discussion with interested parties.

1. These public informational meetings are inclusive and anyone who attends can participate.

2. Transcripts of these informational meetings will be captured and published on the LR Forum thread.

June 11/2016

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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Re: Law Review - a proposal

Post by Han Held »

Law Review will convene quarterly informational meetings for inworld discussion with interested parties.

1. These public informational meetings are inclusive and anyone who attends can participate.

2. Transcripts of these informational meetings will be captured and published on the LR Forum thread.

May 28/2016

[/quote]
Just two nits:
1)I don't think it's a good idea to limit or enforce a set meeting time. It's a good goal to meet quarterly, but if more meetings are warrented, have them. If there's nothing to say, there's no need to meet.

2)I think that "captured and published in a thread on the Law Review subforum" is more accurate.

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Re: Law Review - a proposal

Post by Callipygian »

Han Held wrote: Sat Jun 11, 2016 12:48 am

Law Review will convene quarterly informational meetings for inworld discussion with interested parties.

1. These public informational meetings are inclusive and anyone who attends can participate.

2. Transcripts of these informational meetings will be captured and published on the LR Forum thread.

May 28/2016

Just two nits:
1)I don't think it's a good idea to limit or enforce a set meeting time. It's a good goal to meet quarterly, but if more meetings are warrented, have them. If there's nothing to say, there's no need to meet.

2)I think that "captured and published in a thread on the Law Review subforum" is more accurate.

Proof that multiple editors and proofreaders are a benefit :)

point 2: wording that was changed in multiple locations and missed here - and in rereading I have an image of butterfly nets and elephant guns for the 'capture' so will change wording to '... will be recorded and published on the LR forum.'

point 1 - enforcing a number of meetings was a specific choice; since so much of the work of this NGO will be done on collaborative platforms outside of SL, having in-world meetings to inform and engage those citizens who may not yet be members of the NGO, or just to provide information to those who choose not to be members is important. Quarterly seems reasonable for that purpose- 'or more frequently if needed' can be inserted to provide the freedom to meet more often if desired.

I'll make those changes on the notecard version for distribution at the RA meeting today.

Calli

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote -- a very different thing.

Walter H. Judd
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