The Battle over the Second Amendment

Unless you've been on a media fast for the last month, you know that the Supreme Court will be hearing a case that could put to rest the great debate over the meaning of the Second Amendment - namely, whether it allows individuals to own firearms, or whether that right is limited to those serving in a "militia." The case is District of Columbia v. Heller (07-290), and the question presented, as written by the Supreme Court, is:

"Whether the following provisions -- D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 -- violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?"
See the Supreme Court Docket.

You may not own a gun or you may be a member of the NRA. Regardless of your position, this could be a case that is studied in constitutional law cases for the rest of eternity. It certainly won't put the great "guns kill people" vs. "people kill people" debate to rest, but it could finally give some parameters for gun laws.

The case will probably be heard in March and decided in June. To get you in the mood for the showdown, here are some interesting articles on the case:

• A Question of Commas in the D.C. Gun Case. Period. - A fun little article on the grammar war over the Second Amendment.
• Supreme Court Agrees to Take D.C. Gun Case - A good summary of the case.
  

E-mails "Off the Record"

If you're tired of the gargantuan number of e-mails you get each day, particularly from colleagues who work a few steps away, here's another reason to encourage face-to-face conversations: "GCs to Employees: Think Before You Send."

The article highlights several examples of attempts to keep thoughts "off the record" when sent by e-mail. The problem, of course, stems from electronic discovery and the fact that even deleted e-mails are never truly gone. Those incriminating e-mails that were promptly deleted will often still turn up during the discovery process, and they can get your company into hot water.

A good rule of thumb is, if you wouldn't write it in a formal memo, don't write it in an e-mail or on your Blackberry. That includes bad language, poor grammar, personal insults, and anything you want to keep off the record. Pick up the phone, or make your pedometer happy and stroll down the hall.

When to Employ, When to Contract

The issue of whether to hire additional employees or independent contractors is an important one for small business owners. "The Road to Independents" on BusinessWeek online includes some issues to consider, as well as a brief discussion about the tax consequences of mis-classifying employees as independent contractors. If you work with a lot of independent contractors, you should speak with your attorney to ensure that they are properly classified as independents and that they have not crossed the boundary into employment. Making this mistake could cost you more than tax penalties - you could also run afoul of labor laws - and could be very expensive.

Entrepreneur School

Here's an interesting article from BusinessWeek online: "Can Entrepreneurship Be Taught?" The conclusion from the research is that while entrepreneurship really must be learned through practice, there are three elements that can be taught to enhance an entrepreneur's success: business knowledge, general entrepreneurship principles, and being alert to opportunities. Check out the article for more information.

Women in the Board Room

More from BusinessWeek -

A new report shows that women directors earn higher compensation than their male counterparts. The headline says "Surprise!", but anyone who understands supply and demand theory isn't surprised at all. Women corporate directors are a precious commodity, so it makes sense that their diverse viewpoints are well-appreciated.

If your board wants to diversify, there are several ways to find talented candidates. BoardRecruiting.com is one I personally recommend (yes, I am a member!).