Res Judicata


The old Latin legal phrase, res judicata, means a thing already decided and settled. Res judicata is a legal principle quite consistently followed by almost all courts. It is the rule that a final judgment or decree on the merits of a matter by a court of competent jurisdiction will be final and conclusive as to any later lawsuit on all points or matters determined in the former suit. This means that between the parties themselves the dispute is closed at the conclusion of trial. However, this does not prevent a lower court decision from being appealed to a higher court.

This principle of res judicata prevents  an unsuccessful litigant from taking an unfavorable decision to another trial court for a second lawsuit on the same complaint or same set of facts. Res judicata applies between the parties in a civil lawsuit, affecting those parties and no others.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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Death of a Wonder Youngster


Arfa Karim (born 1995 – January 14, 2012), was a student from an under-developed village of Pakistan, who in 2004 at the age of 9 years, became the youngest Microsoft Certified Professionals (MCPs) in the world. She was invited by Bill Gates to visit the Microsoft Headquarters in USA. She also wrote a poem about Bill Gates.

On returning to Pakistan, Arfa had numerous interviews on almost all of the country’s known television channels and newspapers. In August 2005, Arfa Karim received the Fatimah Jinnah Gold Medal in the field of Science and Technology, presented by the Prime Minister of Pakistan at that time. She also received the Salaam Pakistan Youth Award again in August 2005 by the President of Pakistan. Arfa Karim is also the recipient of the President’s Award for Pride of Performance. This is a very high level civil award granted to people who have shown excellence in their respective fields over a long period of time. Arfa is till now the youngest recipient of that award ever.

Arfa Karim has also represented Pakistan on various international forums, she was invited by the IT Professionals of Dubai for a stay of two weeks in Dubai. A dinner reception was hosted for her there, which was attended by the diagnostics of Dubai including the Ambassador of Pakistan. During that trip, Arfa was presented with various medals and awards. She also flew a plane in a flying club in Dubai at the age of 10, and received the first flight certificate.

In November 2006, Arfa was invited by Microsoft to be a part of the keynote session in the Tech-Ed Developers conference held in Barcelona. The theme of the conference was “Get ahead of the game” and Arfa was presented as a true specimen of being ahead of the game. She was the only Pakistani among over 5000 developers in that conference.

As of 2011, at the age of 16, Arfa Karim was studying at Lahore Grammar School Paragon Campus in her second year of A Levels. She suffered from cardiac arrest after an epileptic seizure on December 22, 2011 and was admitted to Lahore’s Combined Military Hospital (CMH) in critical condition.

On January 2, 2012 Pakistan Prime Minister Yousuf Raza Gilani visited the hospital with his daughter Fiza Batol Gilani to inquire about the health of Arfa Karim.

On January 9, 2012, Bill Gates, Chairman of Microsoft, has made contact with Arfa’s parents, and directed his doctors to adopt “every kind of measure” for her treatment.

On January 13, 2012, The condition of world’s youngest MCP Arfa Karim was improving and some parts of her brain showed signs of improvement. Arfa fell desperately ill last month and doctors said she had suffered brain damage, leaving her in a coma at the Combined Military Hospital (CMH) in Lahore. Her father, Amjad Karim, said Microsoft had raised the possibility of flying Arfa to the US for care.

On January 14, 2012 16 years old Arfa Karim died at 9:50 PM (Pakistan Standard Time) at Combined Military Hospital (CMH) Lahore. (Wikipedia)

Arfa wrote some poems. Specimens include:

I would like to be …..

Like a bird in the sky
Flying freely and so high
Like a fish in the water
And the kings beautiful daughter

Like a tiny little mouse
Eating cheese around the house
Like a bear in the mountain
And the water in the fountain

Like a lion in the jungle
Roaring loudly with hunger
Like a monkey in the zoo
All the time copying you
. . . . Arfa Karim

White Rose

In the storm
Stands the white rose
tumultuous waves
of destruction abound her

Yet tall is the white rose
strong in the face
Of the sensed doom around her
And she does not bow down

Pure is the white rose
In the compost earth
growing eternal strength
in the nights that so hurt

I see not the white rose
She is so far away
But I long to protect her
But only the words can I say

So I send her my words
And my poets heart
To help her when
there is hope to see her through

Be Strong little flower
Your heart will guide true
And as long as you want
I will always talk to you
. . . Arfa Karim

Stars

  I look to the sky at night and admire the beauty of the stars.
I stand in awe of their brilliance;
They are as shining and constant
and they have been since the beginning of time.

They light the heavens and fill our hearts with wonder.
When one burns out, another takes its place;
for they are eternal.
Wherever you are, they guide you from their home high above the earth.
At times, they seem close enough to touch,
as they transport your dreams far away.

Their magic compels us to offer up wishes for their consideration.
They make us realize that even when the sky is the darkest,
a tiny beacon of light still shines through.
They are God’s reminder to us that some things really do go on forever.
. . . Arfa Karim

I have no daughter, but Arfa Karim was a daughter figure.  Till 3:30 am and despite my perpetual efforts I was unable to have a snooze. The news about her death made me so upset that my eyes welled up tears and my heart filled up with gloom. Arfa, was the shine of the moon and the breeze of morning; she bestowed her colors to rainbow; she left behind her wings for her fellow daughters to scale the heights of knowledge. Arfa was a complete person: she was not just a book worm, she used to play games, watch cartoon programs, fly planes, play music, and sing folk songs. Above all she memorized some verses of Qur’an and practiced high moral character. She can be a role model—an inspiration—to our younger generation. With tears in its eyes, I pay rich tribute to Arfa. Nevertheless, I feel her saying:

Don’t cry for me,
I’m right here.
Although you can’t see me
I can see your tears

Elements of Public Policy


The governmental action of any nation can be understood in terms of several basic elements of public policy. Many factors, or inputs, influence the development of public policy. Government may determine its course of action on the basis of economic or foreign policy concerns, domestic political pressure from constituents and interest groups, technical information, and ideas that have emerged in national politics. Public policy also may be influenced by technical studies of complex issues such as taxation or the development of new technologies such as fiber optic electronics. All of these inputs can help shape what the government chooses to do and how it chooses to do it.

Public policy goals can be noble and high-minded or narrow and self-serving. National values, such as freedom, democracy, and equal opportunity for citizens to share in economic prosperity—that is, high-minded public policy goals—have led to the adoption of civil rights laws assistance programs for those in need. Narrow, self-serving goals are more evident when nations decide how tax legislation will allocate the burden of taxes among various interests and income groups. Public policy goals may vary widely, but it is always important to inquire: what public goals are being served by this action?

Governments use different public policy tools, or instruments, to achieve their policy goals. In general, the instruments of public policy are those combinations of incentives and penalties that government uses to prompt citizens, including businesses, to act in ways that achieve policy goals. Governmental regulatory powers are broad and constitute one of the most formidable instruments for accomplishing public purposes.

Public policy actions always have effects. Some are intended, others are unintended. Because public policies affect many people, organizations, and other interests, it is almost inevitable that such actions will please some and displease others. Regulations may cause businesses to improve the way toxic substances are used in the workplace, thus reducing health risks to employees. Yet it is possible that other goals may be obstructed as an unintended effect of compliance with such regulations.

In assessing any public policy, it is important for managers to develop answers to four questions:

  • What inputs will affect the public policy?
  • What goals are to be achieved?
  • What instruments are being used to achieve goals?
  • What effects, intended and unintended, are likely to occur?

The answers to these questions provide a foundation for understanding how any nation’s public policy actions will affect the economy and business sector.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Public Management


There will be absolutely changed conditions under which public managers will operate in the future, some of the areas of knowledge, skills, and attitudes that they will be required to possess, and some of the pathways public managers might explore in order to move toward the future.

There will be an extraordinary explosion of new knowledge and technological innovations, especially in the areas of information sciences, genetics, materials, instrumentation, automation, and space. Our public managers will wade into an age of extraordinary technological change and have to accommodate themselves and the institutions to dramatically different bodies of knowledge and technological innovations.

They will not only have to cope with and employ their expanded knowledge and technological capacity, they will have to learn to use this knowledge and technological capacity for the benefit of society. In the technological world of the future, there will be even greater temptations for them to be captured by technology, to fall prey to “technological imperative,” and to allow rational technical interests to supercede human concerns and those of values. Finding ways of employing advanced technologies so as to enhance rather than restrict their capacity for leadership, creativity, and personal responsibility will be a serious challenge.

In the future, knowledge and information will prevail. And if information is power, then those who have information will indeed have power. But who will have information? Information will be increasingly centralized, controlled and marketed through traditional economic and political processes. It will be widely distributed throughout society, so that increasing rather than decreasing numbers of people will have information and in turn have power. Such a possibility will lead to “the twilight of hierarchy,” to be inevitable.

Combining these issues, we can safely predict that the knowledge or information that our public managers will be able to access will be tremendous, to the point that the quantity of information will no longer be the most important issue. Rather the key question will be how to organize this information for human purposes. This means that public administration will have to learn to organize information in a fashion that will facilitate the pursuit of important public purposes. The great challenge will be to organize information so that we can enhance the process of democratic decision-making, of consensus building, and of dialogue and deliberation.

There’s no question that we will have the capacity to organize information for dramatic new public purposes, to restructure our structures of governance in dramatic ways. But what will our choices be? Imagine a computer in Islamabad that could reach out into every home, so that on any occasion that a major policy decision was required, an appropriate message could go out to all the citizens and their answers could guide public policy – a process that would approximate pure democracy.

The globalization of society is obvious today, though in twenty-five years or so, we may experience trans-globalization or beyond, as the frontiers of the oceans and space are extended even further. Already we are thinking more in global terms. However, our managers are still thinking in terms of traditional institutions operating in a new global context. They are not yet asking how they reconfigure businesses and governments so as to carry out a global vision. How do they encourage businesses and governments to assume global responsibilities rather than those defined in terms of one’s own self interest? For example, how can developing countries move toward sustainable development and environmental justice on a global basis?

One obvious casualty of the global age may be the nation-state, replaced not necessarily by a new global or interplanetary federation but possibly by new forms of governance far beyond those we can imagine today.

In future our public administration should know the importance of “responsibilities” rather than “functions” of government. While a large part of the current worldwide debate over privatization or outsourcing speaks to the question of which “functions” belong where, the new debate will necessarily focus on public responsibilities and speak in a language of ethics, citizenship and the public interest.

In reinvented government or the new public management, customers shall replace citizens – or, to put it differently, the integrative role of citizenship has been reduced to the narrow self-interest of customership – in government as in business.

Indeed, we think the job of all public managers will increasingly be more than directing or managing our public organizations. It will be not merely “steering” or “rowing” but “building the boat.” The new public manager will construct networks of varied interests that can work effectively to solve public problems. In doing so, it will be the job of the public administrator to promote pluralism, to create opportunities for constructive dissent, to preserve that which is distinctive about individuals and groups, and to provide an opportunity for diverse groups to share in establishing future directions for the community. The administrator will play a substantial role in diminishing polarization, teaching diversity and respect, building coalitions, resolving disputes, negotiating and mediating. The work of the top public managers will thus be – to build community.

There are two broad areas that public managers will need to explore in order to fashion a response to the trends. These emerging trends will turn public management both “inside-out” and “upside-down.” Public management will be turned “inside-out” as the largely internal focus of management in the past is replaced by an external focus, specifically a focus on citizens and citizenship. Public management will be turned “upside-down” as the traditional top-down orientation of the field is replaced – not necessarily by a bottom-up approach, but by a system of shared leadership.

In the past public administration has been largely focused on what happens within the public bureaucracy. The future will require that it dramatically refocus its attention on the world outside, particularly the world of citizens and citizenship.

My Consultancy–Asif J. Mir Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please contact www.asifjmir.com, Line of Sight