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By-Passing the Jury Through Mediation or Arbitration - Venable LLP

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We can create incentives to encourage businesses to adopt certain<br />

this writing, those adjectives still apply.<br />

The practice of f<strong>or</strong>ming “expl<strong>or</strong>at<strong>or</strong>y committees” has become de rigueur in<br />

recent years f<strong>or</strong> individuals seeking public office and it is almost always a prelude to<br />

an official announcement. Never<strong>the</strong>less, <strong>the</strong> practice allows candidates to do a preliminary<br />

beating of <strong>the</strong> bushes to assess <strong>the</strong>ir chances. As imp<strong>or</strong>tantly, it can give<br />

indications of how much it will cost to run a competitive campaign. Listening to Lt.<br />

Govern<strong>or</strong> Steele, it sounds as if his mind is made up.<br />

“I’ve judged so far that this opp<strong>or</strong>tunity is w<strong>or</strong>th an expl<strong>or</strong>at<strong>or</strong>y committee. It’s<br />

an opp<strong>or</strong>tunity to get some face to face feedback from people. As I travel around<br />

doing my job as Lt. Govern<strong>or</strong>, people have volunteered <strong>the</strong>ir impressions of this race<br />

and <strong>the</strong>ir thoughts on it. It’s been very encouraging.”<br />

The man Michael Steele w<strong>or</strong>ks f<strong>or</strong> has been supp<strong>or</strong>tive as well. Robert Ehrlich<br />

has given no public indication that he is uncomf<strong>or</strong>table with his Lt. Govern<strong>or</strong> bolting<br />

f<strong>or</strong> <strong>the</strong> U.S. Senate. In fact, some Republican strategists suggest it might present<br />

ano<strong>the</strong>r positive opp<strong>or</strong>tunity. A Steele run f<strong>or</strong> <strong>the</strong> senate might allow Ehrlich to<br />

widen <strong>the</strong> Republican base in Maryland by choosing a running mate not seen as a<br />

right wing Republican, a woman perhaps. Additionally, <strong>the</strong> name recognition conferred<br />

by an Ehrlich-Steele combination atop <strong>the</strong> Republican ballot could trickle<br />

down to Republicans running f<strong>or</strong> lower offices.<br />

There are flies in <strong>the</strong> ointment however, and not just from <strong>the</strong> Maryland Democratic<br />

Party. Even bef<strong>or</strong>e <strong>the</strong> Ehrlich administration took office in January 2003, it<br />

had two very vocal public critics, <strong>the</strong> area’s two maj<strong>or</strong> print media <strong>or</strong>gans, The Baltim<strong>or</strong>e<br />

Sun and Washington Post. In <strong>the</strong> ensuing years <strong>the</strong> relationship between <strong>the</strong><br />

administration and <strong>the</strong> two papers has, to put it mildly, not improved. Given <strong>the</strong><br />

influence of <strong>the</strong>se entities locally and nationally and <strong>the</strong> antagonism which has existed,<br />

how does <strong>the</strong> Lt. Govern<strong>or</strong> view <strong>the</strong>m as he prepares f<strong>or</strong> what looks to be a tight race?<br />

“That is what it is. The Baltim<strong>or</strong>e Sun doesn’t vote, people do. The people who<br />

run <strong>the</strong> Sun vote and that’s fine but as an entity, it’s a newspaper, nothing m<strong>or</strong>e. The<br />

[Washington] Post is <strong>the</strong> same thing. I don’t have hostility to <strong>the</strong> press at all. Some<br />

would say <strong>the</strong>y are a necessary evil, I would just say <strong>the</strong>y are necessary. Some are in<br />

<strong>the</strong> business of conveying, o<strong>the</strong>rs are in <strong>the</strong> business of displaying. It depends on<br />

what your situation is. I believe in direct communication.”<br />

“I’m not going to sit back and wait f<strong>or</strong> a newspaper rep<strong>or</strong>ter <strong>or</strong> magazine<br />

rep<strong>or</strong>ter to come and sit down f<strong>or</strong> me to tell people what I think <strong>or</strong> believe about<br />

<strong>the</strong> opp<strong>or</strong>tunities f<strong>or</strong> our state. I’m going to go directly to <strong>the</strong> community. That’s<br />

what I’ve been doing since <strong>the</strong> day I sw<strong>or</strong>e <strong>the</strong> oath of office. I’ve gone directly into<br />

<strong>the</strong> communities of Maryland and to businesses. Whe<strong>the</strong>r it’s a small ‘mom and pop<br />

shop’ <strong>or</strong> a large c<strong>or</strong>p<strong>or</strong>ation doesn’t matter. Today f<strong>or</strong> instance, I helped christen <strong>the</strong><br />

opening of a new car wash here in Annapolis. Next week I could be at Under<br />

Armour. I don’t believe in waiting f<strong>or</strong> people to come to me. I’ll go to where <strong>the</strong><br />

people are and tell <strong>the</strong>m what our administration’s trying to do.”<br />

Steele also gives <strong>the</strong> impression that he will not stop w<strong>or</strong>king in supp<strong>or</strong>t of Govern<strong>or</strong><br />

Ehrlich, even while he runs his own campaign. Quoted in a June 16 Washington<br />

Post article, he says, “The Govern<strong>or</strong>’s my homeboy. I’m always going to take care<br />

of my homeboy.”<br />

Acc<strong>or</strong>ding to <strong>the</strong> Lt. Govern<strong>or</strong>, <strong>the</strong> hist<strong>or</strong>ic and national impact of a successful<br />

candidacy is not something he thinks much about. He ascribes to <strong>the</strong> down-toearth-view<br />

that “hist<strong>or</strong>y has a way of making you a footnote.”<br />

Still, he clearly recognizes <strong>the</strong> potential of <strong>the</strong> open seat. It’s a golden opp<strong>or</strong>tunity<br />

to turn Maryland purple.<br />

“I hope to win <strong>the</strong> election if we decide to push f<strong>or</strong>ward and run. If we did it<br />

would be huge. It would be a paradigm shift. Republicans are m<strong>or</strong>e than f<strong>or</strong> real in<br />

Maryland. We’re in a position to present options, to give Maryland citizens <strong>the</strong><br />

kinds of choices <strong>the</strong>y have not had f<strong>or</strong> m<strong>or</strong>e than a generation.”<br />

CEO<br />

policies, given circumstances.<br />

But when you go beyond that, whe<strong>the</strong>r<br />

at <strong>the</strong> federal <strong>or</strong> state level,<br />

that’s when businesses tend to<br />

contract and people lose jobs.<br />

”<br />

www.smartceo.com August 2005 Baltim<strong>or</strong>e SmartCEO 39

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