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Form of accountability can seem very thin. international criminal courts have become notably more focused on due process and more squeamish about punishment since the days of nuremberg. there, after a single joint trial that involved twenty-two defendants and lasted just over ten months, twelve of the defendants were sentenced to death, and their hangings were carried out in, reportedly, a fairly inhumane way ; just a few weeks after their sentencing.20 at icty and ictr, the death penalty is no longer on the books. it can seem a little bizarre to imagine the judges at these courts sitting around during the sentencing phase to determine whether for each convicted person's particular combination of proven crimes of mass murder, rape, or mutilation under the rubrics of war crimes, crimes against humanity, and genocide he deserves to spend five years in jail, twenty-five years, thirty-five years, or life. here, too, the form of accountability being won--if the accountability of these individuals in the form of punishments appropriate to their crimes is what is sought--can seem thin, formulaic, and generally unsatisfactory. and what, anyway, is the goal of all these punishments? western thought traditionally distinguishes between theories of punishment that hold that to mete out punishment is somehow to give the perpetrators what they "deserve" and those that seek more concrete and utilitarian social goods. regarding the matter of "deserving, " south african government minister rejoice mabudhafasi was surely voicing the thoughts of many other people when she said of the apartheid system's abusers and torturers, "we can never do anything to them as bad as what they did to us. it's not in our nature. god will deal with them. we leave that to him." i heard a very similar sentiment expressed by the evangelical social program head michel kayetaba, in rwanda. if it is impossible, then, for mere mortals to give to former abusers the treatment that they "deserve" to have, then what more down-to-earth social goals might punishment seek to attain? one might be the deterring of other would-be abusers. but in the circumstances of social breakdown and massive political violence in which most atrocities occur, it is hard to imagine that the rational calculations so vital to the successful operation of any deterrence strategy could reliably be expected to occur; and anyway, the existence of the un ad hoc tribunals for over a decade and of the icc since 2002 seems to have done precious little, if anything, to deter the continued commission of atrocities in various places around the world. another social goal that might plausibly be attainable through punishment would be the incapacitation of the criminals and their networks.21 this is, without doubt, an extremely valuable goal, one that is essential to the rehabilitation of any violence-torn society. however, as we learned from mozambique and south africa, the winning of convictions in a criminal court is not the only and quite frequently, not even the best ; way to bring about this end. especially in the aftermath of grave intergroup conflict, an emphasis on rebuilding society on a sustainable basis of political equality while working proactively to reintegrate into society all those caught up in the earlier violence, whether as perpetrators or victims or both ; , can indeed "drain the swamp" of political conflict within which the commission of atrocities previously festered; and the commission of atrocities has often throughout history been ended in precisely that way. as abraham lincoln famously said.
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4 perspective of the need to establish balance. the concept of finding balance is central to understanding the complexity of coping with the problems that arise individually, interpersonally and systemically within families that have children with special needs. when donna minnick first asked me to give this keynote talk, i asked her what it was she would like me to speak about. she was clear that i had carte blanche to write about any topic i chose. at the time, we engaged in some wonderful conversations about her interest in the topic of advocacy, and it was clear to me that advocacy would be a welcome and appropriate topic. i sat down to write about the importance of advocating for your child. after many hours spent staring at the computer, i realized that i could only understand the role of advocacy from the perspective of the development of psychological balance within the individual parent and the family system. i have always recommended that an excellent way to cope with having a child with special needs is to become your child's advocate. i have suggested that advocacy is both good for your child and empowering and healthy for you as a parent. putting energy into self education and becoming a knowledgeable and forceful advocate for your child can be an important and positive mechanism for channeling the intense feelings brought on by your child's disability and for feeling some sense of power and efficacy in being able to help your child. the reality is that the squeaky wheel is the one that gets greased, and no one knows your child as well as you do and no one is going to fight for your child quite the way you will. furthermore, there is an added advantage to advocacy--the best cure for the powerless feelings of depression and the angry, frustrated feelings of watching your child struggle, or struggling with your child, is winning a battle with the system. not only is advocacy a necessary parenting skill for parents with children with special needs, advocacy is a positive coping mechanism for healing the parent. in other words, to talk about advocacy, it is necessary to talk about it as a balancing force for the difficult feelings within the individual parent that are an integral part of raising a child with a disability or illness. obviously, it is not difficult for me to talk about or recommend the benefits of advocating for one's child. what made it hard for me to write tonight's talk solely on the subject of advocacy is that i kept getting stuck on the fact that the benefits of advocacy are best understood in terms of balance. sometimes advocating for a child can become the sole focus of a parent's daily experience. when a parent becomes obsessed with advocacy, i get concerned that they are using this all consuming activity to service denial of the anxious and depressive and frustrating feelings that they have about their child's disability. i equally concerned that the parent who cannot advocate for their child may be either overwhelmed by or in denial of their child's disability. the fact is that balance is a difficult tight rope to walk, and finding the right balance for anyone individual is not an easy formula to write. it is critical to find.
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| Contents table of contents article i. definitions and interpretation section 1.01 definitions section 1.02 interpretation article ii. objectives and certain undertakings section 2.01 objectives of the company section 2.02 principal business article iii. dividend rights section 3.01 dividend rights article iv. board; shareholders' meeting section 4.01 board of directors section 4.02 shareholders' meeting article v. protective provisions section 5.01 protective provisions for preferred shareholders article vi. conversion rights section 6.01 optional conversion section 6.02 automatic conversion section 6.03 preferred share conversion price section 6.04 fractional shares section 6.05 reservation of shares issuable upon conversion section 6.06 notices section 6.07 payment of taxes article vii. liquidation rights section 7.01 liquidation preferences section 7.02 liquidation on sale or merger article viii. information and inspection rights section 8.01 delivery of financial statements to preferred shareholders section 8.02 financial statements section 8.03 inspection article ix. rights of first refusal; co-sale rights and transfer restrictions section 9.01 general section 9.02 special provisions in relation to the founders section 9.03 rights of first refusal for key shareholders article x registration rights section 10.01 demand registration section 10.02 piggyback registrations section 10.03 procedures section 10.04 indemnification under registration rights 2 5 4.
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