Saturday, February 27, 2010

Canada: Friend or Foe to the USA?

In July of 2000, Ontario's Court of Appeal declared Canada's prohibition of marijuana to be "unconstitutional". If Parliament did not amend its law to allow for medical use within a year, marijuana possession for all Ontario residents would be legal. In May of 2003, an Ontario court ruled that there exists no valid law prohibiting the minor possession of marijuana because the federal government had failed to comply with the July 2000 order. Possessing and smoking marijuana in Ontario was legal. In June of 2003, Ontario's Court of Appeal declared that Ontario's exclusion of same-sex couples from the common law definition of "marriage" violated the constitution. In Ontario, same-sex couples could now enter into unions recognized as marriages. Some in the United States were upset by these developments. So, in July of 2003, Freedom Party's Paul mckeever was invited to Detroit to answer the question "Canada: Friend or Foe?"



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Friday, February 26, 2010

Karadzic's arrest sparks clashes - 23 Jul 08

Radovan Karadzic will face charges of genocide at The Hague. His lawyers said the former Bosnian Serb leader plans to defend himself at the tribunal. He has been held in a Belgrade prison since his arrest on Monday, awaiting an appeal that is unlikely to prevent his extradition to face genocide charges. Karadzic's supporters who maintain he is a war hero - clashed with riot police again a day after his arrest. Al Jazeera's Dan Nolan reports on one of the most wanted men in Europe posing as a Doctor Dragan Dabic.



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Tuesday, February 23, 2010

The Criminal Law Handbook - Know Your Rights, Survive the System

"The Criminal Law Handbook: Know Your Rights, Survive the System" by attorneys Paul Bergman & Sara J. Berman is an impressive 678 pages thick tome of information about criminal law. The book contains your understanding of the confusing rules and procedures to support a criminal matter and to teach how the system works, why do the police, lawyers and judges what they do and especially what you can do about the border . harm I think it accomplishes that goal very well. MostThe book is written in an understandable question-and-answer format to explain, criminal justice, both within and outside the courtroom. It is clear from the initial interrogation by police attempts to prison and probation.

It must be remembered that, on Nolo, which concentrates the law accessible to everyone, and the books published by Nolo an outstanding job, just that. Therefore, this book is not a criminal law textbook, as you would find in law school, but is a comprehensive guide forNon-lawyer or layman. For such a guide, he is very good and includes a wealth of information.

The twenty-seven chapters are broken down as follows:

Chapter One: In an interview with the police. Chapter provides information on police interrogation of persons who have not been taken into custody and the interrogation of detainees.

Chapter Two: search and seizure. Some of the topics covered here include: search warrants, quit teaching and clearly visible Frisk, searches of cars andWarrantless searches.

Chapter Three: Arrest: If it happens, what it means. This chapter contains the general principles of arrest, arrest warrants, warrantless arrests, use of force during arrests and detentions of citizens.

Chapter Four: Eyewitness Identification: Psychology and Procedures. Topics include eyewitness identification procedures, psychology suppress the eyewitness identification, statements, showups, photo identification and movements to the identification.

Chapter Five:Booking and Bail: Check-in and released from prison. The booking process, arranging for bail, and on your own commitment to be released here treated.

Chapter VI: From suggest that a defendant. This chapter focuses on crime and criminal charges and cases, juries and distraction.

Chapter Seven: Criminal Defense Lawyers. Do you need a lawyer, court-appointed lawyers are private counsel, and Self-Representation dealt with in this chapter.

Chapter Eight:Understanding the Attorney-Client Relationship in a criminal case. Topics include confidentiality, client-centered decision making, legal and client communication, among others.

Chapter Nine: A walk through Criminal Court. The courthouse, courtroom, courtroom players and courtroom behavior explains.

Chapter Ten: accusations. Timing and Self-Representation in accusations are seen here.

Chapter Eleven: The development of the Defense Strategy. Exactly what the chapterTitle says the fundamentals of the defense strategy.

Chapter Twelve: Crime Speak: Understanding the language of criminal law. Basics about things like murder and manslaughter, sexual assault, burglary, robbery, hate crimes, Patriot Act, and much more.

Chapter Thirteen: Defense Speak: Common Defenses to prosecution. Issues such as partial defense, self-defense, alibi, and madness are covered here, among other things.

Chapter Fourteen: Discovery: Information sharing with the prosecutor.Discovery is an important part of any legal or civil prosecution, and this chapter form the basis for the criminal law.

Chapter Fifteen: investigation of the facts. Interviews and witnesses are a few of the things that are discussed here.

Chapter Sixteen: preliminary negotiations. What are they, what are your rights, and common strategies of both sides presented here.

Chapter Seventeen: Fundamental rights of the trial defense. Topics covered include: due process, burden of proof, right toSilence, with the right to fight witnesses, right to jury trial, right to counsel, and others.

Chapter Eighteen: Basic Evidence Rules in criminal trials. There are procedures that are followed, if contains the production of evidence and this chapter Guidelines for doing it right.

Chapter Nineteen: Applications and their role in criminal cases. Find out what they are and what they are for the chapters in this.

Chapter Twenty: Plea Bargains: How Most criminal cases end. Understanding the pleaBargains, which are pros and cons of the process and the strategy of negotiating plea bargains in this chapter.

Chapter Twenty-One: The Trial Process. Good chapters on the various aspects of a study by the selection of judges or the jury's deliberations and verdict.

Chapter Twenty-Two: Sentencing: How the Court Punishes defendants convicted. The rationale of the sentencing process and options, and a little about the death penalty.

Chapter Twenty-three. Appeals: The application for a review by aSuperior Court. The loss at the trial did not necessarily mean it's over. This chapter deals with complaints and orders.

Chapter Twenty-Four: How the Criminal Justice System Works: A Walk Through Two Drunk Driving Cases. Examples with drunk driving.

Chapter Twenty-Five: Juvenile courts and procedures. Special chapter explains how things work in the juvenile courts.

Chapter Twenty-Six: Prisoners' rules. Information for prisons and prisoners' rights, legal resources, paroleand pardons.

Chapter seven. Looking Up the Law. What and where is the research, including a glossary.

Again, this book is a great tome of information. It is well organized and has many side-bars and examples. If you have a question concerning the criminal law, more than likely, this book has an answer. The authors point out that the law varies from state to state, and I would recommend that in addition to this book, each with the criminal system to their own view ofStatute of the responsibility they have to make sure that they have the right, which is their case. That is why I really like that the last chapter offers advice in this area. The authors also found that the book is not intended as a detailed guide to self-representation. It is a complete overview of the entire system, but it is not everything, and that's because we do not everything about our complex system in a book.

This is an excellent guide through the criminal justice systemSystem and one of the best resources to the layman who wish to or need to navigate the complex maze of regulations and laws, which our system. I recommend it highly to anyone who wants to know everything about the criminal law.

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Sunday, February 21, 2010

Miami DUI Defense Lawyer - Attorney Jonathan Blecher DUILawDefense.com - Drunk Driving Defense - #9





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Friday, February 19, 2010

American student found guilty of murder in Italy





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Thursday, February 18, 2010

Lawrence Lessig: Congress to Blame for Bush Era Mistakes

Complete video at: fora.tv Stanford Law professor Lawrence Lessig explores the concept of institutional responsibility by comparing a boarding school sexual abuse case with Congress during the Administration of President George W. Bush. In both cases, he argues that witnesses who did not act responsibly should be held just as culpable as the offender. ----- Larry Lessig introduces the Safra lecture series with a discussion on institutional corruption. He explores the prevalence of this form of corruption in fields ranging from politics to medicine to journalism, and describes his plan to study and contain this problem. - Safra Foundation Center for Ethics at Harvard University Lawrence Lessig is a professor of law at Stanford Law School and founder of the school's Center for Internet and Society. He teaches and writes in the areas of constitutional law, contracts, and the law of cyberspace. Prior to joining the Stanford faculty, he was Berkman Professor of Law at Harvard Law School and a professor at the University of Chicago. He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and for Justice Antonin Scalia on the United States Supreme Court. For much of his career, he has focused on law and technology, especially as it affects copyright. Recognized for arguing against interpretations of copyright that could stifle innovation and discourse online, he is CEO of the Creative Commons project, and he has been a columnist for Wired, Red Herring, and The Industry Standard.



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Tuesday, February 16, 2010

Florida DUI attorney

The violation of DUI laws in Florida is a serious offense and should really be taken seriously. Penalties and consequences if the violation of the DUI law could face fines, loss of license includes, vehicle immobilization, community service, the increase in insurance premiums, and even jail. Take this in passing. It is best to consult with an attorney immediately if you have been arrested. You have ten days to prevent an appeal to your license revoked for an indefinite perioddiscontinue or permanently.

Range of fees

Are you reluctant to seek immediate legal assistance, because of the exorbitant fees you afraid of? Do not worry. The fees are sometimes small, and only goes depending on how strong your injury. It ranges from fees as low as $ 500 U.S. dollars in thousands in cases of repeated offenses.

Load Methods

Lawyers charge their customers differently. Some lawyers charge by the hour. Some will be an initial fee to the first legalSee Steps - review of the file from the police and prosecutor's office and on your first session. If at this stage, the fees are covered against you, then that's where the fees and an end. Further consultations would mean additional costs.

Other attorneys charge a fee to handle your case all the way to court. If they are in a position to negotiate and to dismiss the case, you pay for everything it anyway.

Retainer Fees

In some cases, requires a DUI LawyersFee. This is an advanced flat-rate fee that covers the lawyer's services regardless of how long or short, the lawyer spends on your case. From what the fee will include informed. As a rule, in special circumstances where it is small amount of the service in relation to the fees charged by the attorney be required to return any part of it.

Written Agreement

Make sure that you have a written fee agreement with your lawyer before services can be provided.You can evaluate multiple listings online or over the phone to get, if the lawyer is charging you, or within a reasonable time.

Extra Fees

There are also additional fees for experts who can testify to scientific facts or issues that would help in your case. Additional charges could also be the cost of the exhibits, investigators, and so on.

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Monday, February 15, 2010

Certain situations where one would have to hire a lawyer Employment

If you are ever discriminated against when applying for a job or at your current place of employment, then you want to hire an employment attorney to ensure that your rights can be protected. These rights are rights as a person, workers and their rights to privacy.

If you were wrongly terminated from your job, then an employment lawyer can either help you return your work, employment, or a lawyer can assure that you receive adequateCompensation, as you are looking for another job. If you were wrongly terminated when you can make sure it the right to retire, an employment lawyer that you receive your retirement benefits, even if you're not your job back in the neighborhood.

If an employee or supervisor incorrect comments or advances on you (especially matter if you are a woman, but men are subject to this treatment as well), will want to hire an employment attorney to circumvent the problem, canfor you, as is often the case, this mistaken advances are ignored by employers. You can only warn, (an employee or even worse, before you throw) misconduct, but because they may feel that there is no big deal. Your lawyer can work the problem in order to terminate employees, handle or be moved to another department, much better than you ever could. If you are unjustly terminated or demoted because you complained, then an employment lawyer, you may be appropriateCompensation or your job back.

Sometimes companies are not on the law when it comes to ensuring the rights of workers. Some rights, such as wages, overtime must be paid when a lot of overtime, set times for breaks during the day and the number of working hours required per week. If your employer does not offer a sufficient number of breaks, do not pay your overtime lead, or waiting to make you an obscene amount of overtime per work dayWeek then you may want to consult with an employment lawyer. Your employer must follow the laws in the workplace, how to follow as a citizen. An employment lawyer will ensure that your rights are protected and that everything that you deserve as an employee, including appropriate compensation for overtime, breaks and ample time for lunch and of course plenty of time to spend with your family every week.

If you are looking for a job, there are certain thingsrequired during the selection process work. Employers have certain things before they hire you. These requirements may be) your name, address and Social Security number (or proof of nationality. Without this they can not pay. You can also ask about your education, training and previous job history to help them is a determination of whether you are applying for the job for which you are or are not suitable. What they may consider is your credit history andthey can not verify the background, if you give them permission to do so. Your credit history should not refer to the prospective employer, and if one asks for your credit history, you should at any time to an employment lawyer before issuing any employer to access them. Your privacy should never be violated in this way. If you find that it has been, you should rent an employment lawyer as soon as possible.

However, background checks are often required for certainTypes of employment. When you protect a position as an officer of peace and security, or if you are responsible for highly sensitive information would then review the background to look. But check the most jobs no need for a background, and if an employer has requested one, you should always consult with a contract lawyer before you give any permission, a voluntarily done for.

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Sunday, February 14, 2010

Haleigh Cummings' mother fires lawyer

More on why Kim Picazio was fired by Crystal Sheffield and DFS investigation started by Picazio. DFS ruled no abuse in Ron Cummings home. Law Enforcement has said the Ronald Cummings is not a suspect in the taking of Haleigh Cummings. They have also said they are satisfied that he does not know what happened to Haleigh Cummings. Kim Picazio has much to say about Crystal, you can read that here www.artharris.com



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Saturday, February 13, 2010

Obama picks Sotomayor for Supreme Court-4/4

Obama Nominee Sonia Sotomayor Poised to Become First Hispanic Supreme Court Justice President Obama has nominated federal appeals court judge Sonia Sotomayor to the Supreme Court, putting her in line to become the countrys first Hispanic justice. The fifty-four-year-old Sotomayor is the daughter of Puerto Rican parents who raised her in a public housing project in the Bronx. We host a roundtable with Marjorie Cohn of the National Lawyers Guild; attorney and SCOTUS Blog founder Tom Goldstein; Cesar Perales, general counsel of Latino Justice; and Juan Manuel Garcia-Passalacqua, an independent political analyst who knows Sotomayor personally.



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Thursday, February 11, 2010

Labor Versus Human Rights Law - The Saga Of CCTV Cameras

It is no surprise to many that the UK has more CCTV cameras per capita than anywhere else in the world, warn leading lawyer of human rights that their almost constant use in our everyday lives raises data protection and privacy of larger concerns, as they can be can be used in an intrusive way.

But what are the limits? In the workplace, employers are permitted to monitor workers in so far as is necessary and proportionate to the reasons of management. Video surveillance is oftenperformed for reasons of security and is therefore largely be regarded as reasonable. It follows that inspire people, of course confirmation from their respective employers that they are using CCTV responsible.

The Information Commissioner's Office (ICO) published his first assist CCTV Data Protection Code of Conduct in 2000 to CCTV operators comply with the Data Protection Act 1998 (DPA) to follow and best practices.

The Code of Practice: Monitoring at work is an explanation on how your employees to avoidRecourse to the lawyers about violations of the provisions of the Darfur Peace Agreement. The Code provides that before such monitoring is introduced, it must be carried out an impact assessment to determine which (if any) supervision by the benefits that the monitoring is justified. Under the Darfur Peace Agreement, all CCTV monitoring must normally be open and supported by the fulfillment of reasons.

The assessment should consider a targeted surveillance only to those areas of particular risk, there is limited areas where people's expectations ofPrivacy would be low, separated with the help of video and audio monitoring - cases in which the use of the two is rarely justified. The operation should only be considered if necessary, rather than continuously - even when a continuous monitoring can be justified if the safety is at risk will be. Finally, whether similar benefits can also go through less intrusive methods, and what negative impact it may have for workers to be won.

In the assessment, it is advisable to consult the employers' tradeUnions / employee representatives.

When monitoring is introduced to enforce certain rules and standards, the employer must ensure that workers are aware and understand them.
After an employment lawyer, the use of CCTV to monitor the actions of workers, has the potential impact in terms of the Privacy Act and the Human Rights Act 1998 (HRA). If the monitoring is too high, the effects depending on whether the employer is a public orprivate organization or individual.

If the employer is a private organization or company, then a direct function of HRA is not possible. Nevertheless, all contracts contain an implied term that the employer - act without reasonable and proper cause - in a way, destroy or cause serious effect on the relationship of trust between them and the employees. However, it is doubtful that CCTV cameras would go places in his hand at work, this meantConcept.

On the other hand, an employer in a public institution, an obligation for workers' right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights (as approved by HRA). However, this law, a qualified right, which means that they can be disturbed, for a legitimate purpose in accordance with law and in the interests of national security, public safety or is necessary for the economic welfare of the country for the maintenance of order offenses for whichProtection of health or morals or the protection of other rights and freedoms. The operation has in achieving its objective. An example of an unreasonable application can be if cameras are placed in restrooms or changing rooms.

Finally, it should be noted that in spite of the above points there is very little scope to prevent employers making recordings. Placement and storage of material shall be in accordance with the regulations under the DPA. Since it is arelatively new development in the law there are very few cases decided (the DPA does not apply to private use of the individual or household).

Assistance for employees expressed either from direct request to the employer is the easiest way to resolve the situation, or a trade union, is if the employee is a member.

All personal data is collected, must be securely stored. Nor should the fact that anyone who captured on CCTV a right to have access to be consideredthe images under the DPA.

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Unfair Employment Practices Require assistance of counsel

In the United States and around the world, most of the cities which experienced a phenomenal growth and booming economies created 18 months ago have now fallen in times of recession. That means millions of people who have lost their work. In some cases, workers by union agreements, which take the edge off being protected by the loss of employment. But in many other cases, workers are the mercy of their employers. And often that means the termination with virtually no compensation.

This isalso the case in Portland, Oregon, as elsewhere in the U.S., in fact, after many years of steady growth, expanding employment and regular increase in the incomes and living standards has Portland been dragged into recession down. In fact, the metropolitan Portland area - even in places such as Tualatin, Hillsboro, Gresham, Beaverton, and others - was one of the largest increase in unemployment in 2008 and 2009 across the country.

This means there are many people out ofWork in Portland and surrounding communities. And that inevitably leads to an increase in complaints about unfair dismissal and failure to comply with statutory and contractual terms of termination.

It is sad but true that in difficult times, many companies are at the end of the treatment of employees, received what the employees correctly perceive as an unfair way. However, if you are in this situation need to be aware that there are proper laws in place to help you protect your from suchTreatment. You can you best explained by an experienced attorney Portland.

Even in normal times there are different types of maltreatment could have been at work face. Some common concerns are issues of overloading, poor morale, wrongful dismissal and unlawful termination. Then there are some serious things that can take place, including sexual harassment, workplace violence and bullying. Even wage disputes can be a form of discrimination ifa person is to pay less simply because of the color of their skin or their gender.

Note that you are not alone in this struggle to a fair shake get from your employer. There are many others in Portland are experiencing the same thing, so it is important to pursue the issue with the right people as quickly as possible. It takes courage to come forward, because your company has a lot more resources than you do, and to some extent, they control the rules. That is exactly why you should seekthe help of a professional lawyer to advise you and present your case.

When you start, the situation deteriorated in your workplace, you should take steps to take themselves too. Note the time, date and description of actions to take care of when they may occur as these records of great help at a later date when your case comes to trial. Keep a journal, clean chronicle every detail you remember and keep it at home, not at work.

If you are a job and feel theProcess was unfair, or you have not been given is what you deserve, you should check with a Portland labor experts as soon as possible to consult. They are the results you can achieve if you have a compelling story and an expert who negotiate on your behalf, to be surprised.

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Labor Versus Human Rights Law - The Saga Of CCTV Cameras

It is no surprise to many that the UK has more CCTV cameras per capita than anywhere else in the world, warn leading lawyer of human rights that their almost constant use in our everyday lives raises data protection and privacy of larger concerns, as they can be can be used in an intrusive way.

But what are the limits? In the workplace, employers are permitted to monitor workers in so far as is necessary and proportionate to the reasons of management. Video surveillance is oftenperformed for reasons of security and is therefore largely be regarded as reasonable. It follows that inspire people, of course confirmation from their respective employers that they are using CCTV responsible.

The Information Commissioner's Office (ICO) published his first assist CCTV Data Protection Code of Conduct in 2000 to CCTV operators comply with the Data Protection Act 1998 (DPA) to follow and best practices.

The Code of Practice: Monitoring at work is an explanation on how your employees to avoidRecourse to the lawyers about violations of the provisions of the Darfur Peace Agreement. The Code provides that before such monitoring is introduced, it must be carried out an impact assessment to determine which (if any) supervision by the benefits that the monitoring is justified. Under the Darfur Peace Agreement, all CCTV monitoring must normally be open and supported by the fulfillment of reasons.

The assessment should consider a targeted surveillance only to those areas of particular risk, there is limited areas where people's expectations ofPrivacy would be low, separated with the help of video and audio monitoring - cases in which the use of the two is rarely justified. The operation should only be considered if necessary, rather than continuously - even when a continuous monitoring can be justified if the safety is at risk will be. Finally, whether similar benefits can also go through less intrusive methods, and what negative impact it may have for workers to be won.

In the assessment, it is advisable to consult the employers' tradeUnions / employee representatives.

When monitoring is introduced to enforce certain rules and standards, the employer must ensure that workers are aware and understand them.
After an employment lawyer, the use of CCTV to monitor the actions of workers, has the potential impact in terms of the Privacy Act and the Human Rights Act 1998 (HRA). If the monitoring is too high, the effects depending on whether the employer is a public orprivate organization or individual.

If the employer is a private organization or company, then a direct function of HRA is not possible. Nevertheless, all contracts contain an implied term that the employer - act without reasonable and proper cause - in a way, destroy or cause serious effect on the relationship of trust between them and the employees. However, it is doubtful that CCTV cameras would go places in his hand at work, this meantConcept.

On the other hand, an employer in a public institution, an obligation for workers' right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights (as approved by HRA). However, this law, a qualified right, which means that they can be disturbed, for a legitimate purpose in accordance with law and in the interests of national security, public safety or is necessary for the economic welfare of the country for the maintenance of order offenses for whichProtection of health or morals or the protection of other rights and freedoms. The operation has in achieving its objective. An example of an unreasonable application can be if cameras are placed in restrooms or changing rooms.

Finally, it should be noted that in spite of the above points there is very little scope to prevent employers making recordings. Placement and storage of material shall be in accordance with the regulations under the DPA. Since it is arelatively new development in the law there are very few cases decided (the DPA does not apply to private use of the individual or household).

Assistance for employees expressed either from direct request to the employer is the easiest way to resolve the situation, or a trade union, is if the employee is a member.

All personal data is collected, must be securely stored. Nor should the fact that anyone who captured on CCTV a right to have access to be consideredthe images under the DPA.

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Wednesday, February 10, 2010

John Travolta - Grieving and Deceiving





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Tuesday, February 9, 2010

If your former employer fights your claim for unemployment benefits in California

One of the most common methods that an employer tried to argue their former employee's entitlement to unemployment insurance benefits from the fight that the employee was terminated due to misconduct. Misconduct in connection with the Unemployment Insurance Code is a term of art, and understanding their legal definition is crucial to the appeal against the denial of unemployment benefits on the appeal, if your initial claim was denied.

According to the California Unemployment Insurance Code Section1256 "an individual is excluded for unemployment compensation benefits if the Director determines that it's most recent work voluntarily without good cause to leave or that he was discharged for misconduct connected with his most recent work."

The standard for the display of "misconduct" within the meaning of unemployment benefits claim is very high and therefore favored candidates for these services. While such gross violations of the violence or threat of violence at work, and cogent reasonsFor the avoidance of unemployment insurance benefits is that many of the less serious issues in the workplace no wrongdoing. Thus, employees are only inefficient, inadequate behavior of ordinary negligence or good faith errors in the sentencing at work is no "misconduct" that employees will be disqualified from receiving unemployment benefits.

In this context, the term "misconduct" is limited to the implementation of such proof of willful or gross disregard of the interests of the employer, as foundin deliberate violation or disregard of standards of behavior the employer is entitled to his employees, or manifest negligence or negligence of such degree or recurrence as to guilt or just an intentional and substantial disregard of the interests of the employer or the employee to show tasks and expected obligations to his employer.

Also refusal to work as a director is not always guilty to the level of misconduct, it was suggested that a worker disqualified from benefits rise. In one case,the nurse intentionally refused to perform work because their consultations with external authorities, it led to the conclusion that patients' health would be compromised if they are following in the direction of their superiors. Because she refused, was carried out by reasonable and good faith fear of harm to others she was responsible for unemployment insurance benefits with the title after she was fired for repeated refusal to follow the orders of their employer.

Similarly, an employee is not unauthorized departure from workconstitute misconduct caused his dismissal for the purposes of unemployment insurance code, if the employer testified that the employees inappropriate language, following a confrontation on the day after the departure of unauthorized and not the departure itself was the sole reason for his dismissal.

So if you argue your case on appeal from the denial of unemployment benefits, you should remember that this narrow definition of "misconduct", which is pretty hardmeet employers and to argue that any reason whatsoever, your employment was terminated in good faith error or negligent act was an isolated incident, as compared to an intentional or reckless conduct.

At the hearing, please confirm your mistakes at work, when you out there, but to point out that these mistakes were not intentional or deliberate interference, but typical of all that would be in your position and fulfilling your duties. Make sure you stick to that issue only and hold any signs ofpersonal animosity toward your employer side, as this is the only judge to distract from the real issue before it, decide whether the benefits are qualified.

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Monday, February 8, 2010

Troy Davis denied again

www.amnestyusa.org On Thursday, April 16, the 11th US Circuit Court of Appeals rejected a petition by Troy Davis, sentenced to death on the basis of eyewitnesses who have since recanted or altered their testimony. Davis' attorneys filed a brief on the grounds that no court has yet held an evidentiary hearing on the new evidence of tainted testimony. The court denied the petition, with the majority noting several times that they were "constrained" by procedural rules.



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Saturday, February 6, 2010

The truth about brands

A brand is one of the most important things a company can own, and yet many people with new businesses that know almost nothing about them. Here is what I learned on my part, deadly painful part, but not to happiness.

Trademarks are the phrases, names and logos. The most important thing to mark is usually the name of your company. If you have not already done, do it immediately, it only costs a few hundred dollars to do it myself. You can see if it is likelyConflicts through the search for the Patent and Trademark Office's website on the first link below. An entrepreneur is, this is a page you go to to know quite well over time, believe me.

File for the trademark for the name of your company alone. If you have a great logo, you can file for that too - but if you filed you change your logo, then it is not good, so I for the name itself, without a special logo always file. File on your slogan, too, of course, if it is good and important,and the main product names that you have. Several hundred dollars you save now or later, millions of bankruptcy.

I do not save the brand myself and the lawyers' submissions, but I'm in this for a while.

Vs TM (R)

Most people do not know exactly what and mean TM (R). TM simply means that you claim rights in the mark. They have not used with the Trademark Office file to TM. If and when your brand is officially registered with the Trademark Office, you can thenthe federal registration symbol - (R). There is no reason not to start with TM immediately filed without anything researched or availability. Many people think TM means that the brand, it looks good to them, and those who do not know the difference, it looks more like you know what you are doing.

The Trademark Office's FAQ URL is listed at the end of this article.

My Close Call

I have a product. I have the domain name in 2005, and not to the fileBrand, since I did not think that someone else would. Last year I finally do so. My application was rejected in an "Office Action." Ouch! The examiner cited the likelihood of confusion with another mark, which had been filed after I my domain name. Doh!

At that point I had three choices:

1. Against the rejection.
2. Let us leave the brand and continue to sell without it.
3. Change the name and try again with a new application.

Changing the name would mean coming upwith a new name, domain name, logo, new graphics in your application, etc., etc. I would also lose the brand awareness built up and then I Google the four years of history, I would lose. Because Google is based in part on how old your site is, the higher the site the less likely that you found someone do a search on your site in context. Plus I'm just too stubborn to change the name, so this option was out.

I could not remember the brand, and just keep the name and hope no one camebehind me. But what if a few years ago, I received a letter from some lawyer stating that I had intentionally violated trademarks of their customers? I could not ignorance, since I had been submitted and rejected. This could easily drive me out of business.

I thought I had no choice but to reject the complaint. I have an interesting advisor who knows not a lawyer, trademark and disembarking. He had his own horror story, from which he learned to know what is, perhaps,about brands. I took it, and over a few months (you have six months time to appeal), we worked together on the answer.

I was pretty good when I submitted the reply. I have to say to the Board on a Tuesday and on Wednesday morning, the auditors considered that if I would accept a slight change in the description of the brand that I hope in my vocation proposed that they would be in order. I was thrilled! She had previously mentioned to me "several reasons for the rejection," so I wassurprised to get it lifted overnight.

I was not out of the woods just yet, though. Their trademark was now "will be released for publication." This meant that three weeks from now will mark the potential opposition will be published in the Official Journal. Because anyone who believes that the brand would be based on an existing thirty days to either reject or ask for an extension of time to object would be violated.

If someone against your brand, it's basically a federal suit in whichYou are the defendant, and that is the big leagues. You are in it for at least ten thousand dollars, and easy millions.

Contradictions are not so rare, so did every day during the thirty days Opposition window I looked at my mail and Trademark Office Web site to see if I was against. Luckily I was not, and my name is (R) according to this principle. However, the brands are not always. Just like everyone else can sue at any time, but you're much better off with an identification whichregistered.

Trademark Search:
http://www.uspto.gov.

FAQ:
http://www.uspto.gov/web/offices/tac/tmfaq.htm

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Friday, February 5, 2010

Lawrence Lessig: Corrupt Congress a Farm League for K Street Lobbyists

Complete video at: fora.tv Stanford law professor Lawrence Lessig makes a sweeping indictment of the relationship between special interest groups, their lobbyists, and Capitol Hill politicians. "Members, staffers and bureaucrats increasingly have a common business model in their head as they serve in Washington," says Lessig. "The business model is focused on their life after government - life as lobbyists." ----- Larry Lessig introduces the Safra lecture series with a discussion on institutional corruption. He explores the prevalence of this form of corruption in fields ranging from politics to medicine to journalism, and describes his plan to study and contain this problem. - Safra Foundation Center for Ethics at Harvard University Lawrence Lessig is a professor of law at Stanford Law School and founder of the school's Center for Internet and Society. He teaches and writes in the areas of constitutional law, contracts, and the law of cyberspace. Prior to joining the Stanford faculty, he was Berkman Professor of Law at Harvard Law School and a professor at the University of Chicago. He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and for Justice Antonin Scalia on the United States Supreme Court. For much of his career, he has focused on law and technology, especially as it affects copyright. Recognized for arguing against interpretations of copyright that could stifle innovation and discourse online, he is CEO of the Creative Commons project, and he has been a columnist for Wired, Red Herring, and The Industry Standard.



http://www.youtube.com/watch?v=mSVI4_jY344&hl=en

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Thursday, February 4, 2010

How a Social Security number can help your lawyer claims

Suffer from a disability is challenging enough without going through the complicated web of government legalese Social Security Disability fight.

Under other conditions, if you have bipolar disorder, breast cancer, heart failure, colitis, Crohn's disease, COPD, depression, diabetes, heart disease, IBS, MS, Parkinson's or schizophrenia, your claim can be made upon receiving a disability pension.

Disability benefits are availablePeople who are insured in three categories: people with disabilities, workers are under 65, people who are disabled since childhood and disabled widow or widower aged 50-60. People with financial need and the children may also qualify for benefits.

If you think you could take to the Social Security disability benefits claim, you should contact a social security disability attorney who specializes in the field. A lawyer expertise in navigating the complications of Social Security DisabilityBenefits can go a long way to achieving the European process seems to go easier. People with lawyers to win more often than those who represent themselves.

First step:
The first step towards receiving social security disability benefits is determined that you are, in fact, people with disabilities. The Social Security Administration (SSA) calls for their evaluation for the disability of the sequential evaluation process. Basically, this process involves the government about the age, education, work history, severityof disability and functional ability of the applicant's advantage.

They are referred to a doctor who treated the applicant, and perhaps a consultation meeting examination with another doctor of the applicant or with another doctor. The general information will be reviewed by the local social security office, and the assessment of disability is the responsibility of people with disabilities, the state determination services (DDS).

Disability ApplicationPurpose:
Determining whether the applicant has a disability by a disability examiner and a medical or psychological consultant. There are 4 possible outcomes: the auditor might ask for further evidence of the disability, the examiner may refer the applicant for vocational rehabilitation, the applicant may be disabled is not found, or the applicant may be determined to be disabled.

Then be denied the benefits, there are a number of processes of appeal.

First Board of Appeal:
WhenState determines that the applicant does not have a disability, do not lose hope. Here, a lawyer specializing in disability law is all the more important because you need to determine the dispute. The Social Security Disability appeals process is very similar to the first trial, but with another two-person team from the final determination of disability. If the appeal results in a non-disabled determination to further appeals are possible.

SecondAppeal:
The second complaint of disability benefits by an administrative law judge is the case at the hearing on the SSA's Office of Disability Adjudication and Review is one. In this case, the administrative law judge is usually results in a hearing that the applicant's attorney allowed to present a case. In general, the applicant's further evidence of the disability in this place, from previous or new medical sources. It is important to work closely with your social security number, disabilityLawyer at this point.

Once it determined that the applicant will have a disability, the Social Security Administration calculates the amount of power and begin payments. The disabled person could, as fast as the first full months after they are applied in a position to receive benefits.

It is important during the application process, remember that the sooner an attorney is involved, the sooner the process can be affected. Good luck with your disability case!

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Monday, February 1, 2010

Social Security Disability and SSI: How to Win Your Appeal

If you have been denied Social Security Disability or SSI benefits, and against the decision at a hearing, there are steps you can take to ensure a favorable decision. You can win your Social Security Appeal, without hiring a lawyer.

If Social Security denies your claim for disability or SSI benefits, you have 60 days to file an appeal. In most states, you will begin to re-file your State Disability Determination Service will re-evaluate yourCase. If this check is denied again, you still have 60 days until a hearing before an administrative law judge request.

The hearings are held in the Office of Social Security hearings and appeals. If this office is planning a hearing for you is set them a time for you to appear before an administrative law judge to argue your case. At this hearing you will be able to any new medical evidence that you present to support your claim. You can teach and witness tospeak on your behalf. This could also be a lawyer or a disability representative. You are not obliged to hire a lawyer or agent, but if this individual representation will be 25% gain, you should receive the back pay.

Instead represented by an attorney, you get another qualified person to speak on your behalf. This includes your doctor, social worker can, and family members. Your family members know the most about your disability. Theyunderstand how it affects you on a daily basis. This statement could be extremely valuable if you rely on your family members for daily work, such as bathing, dressing, and using the facilities.

Organize your event prior to attending the hearing. You should know what to say and how you are to say. Do not be afraid to use notes or an outline. Present your case based in a logical manner with witnesses and medical evidence of your thesis, and you'll be well on yourWay to winning your Social Security disability or SSI appeal. For more information, visit the Social Security Appeals Social Security Laid Bare on the link below.

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