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Monologues to Fame...Marshall (30's to 40's)

Marshall, a prisoner on death row, tries to convince his lawyer not to go for any more appeals.



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Cliff Clark Wins Redlight Camera Case Flying Heavy Metal Guitar Into Sunset

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Julie Witherspoon Appeals to her CPS controlled kids, update #1

From LIVE TV show, On Second Thought, hosted by William Wagener in California... Julie Witherspoon, dumped by her female attorney, after paying over $8000 and re-enlisting for WAR zone to get bonus to pay lawyer to get her kids, Julie Jr., and Danny Witherspoon back... from her ex-husband who was her band teacher when she was 15-17, when he got her pregnant by consent, now bitterly divorced... sends her children a message, since corrupt Family Court has stopped her from seeing her children and ignored a HAGUE Court order to return her children.



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Handling ERISA Internal Appeals on your own?!

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MSNBC Takes Another Shot at Alex Jones & Gary Franchi on 9/11 - 1/2

Gary Franchi stops by to talk with Alex about MSNBC's 9/11, Ron Paul Hit Piece. rtr.org www.infowars.com



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Glosslip Radio, March 2nd Interview Announcement

Glosslip Radio Guest for March 2nd: This week's guest is lawyer Jeffrey I. Zuckerman, a partner with law firm Curtis, Mallet-Prevost, Colt and Mosle will be with us to discuss the pending lawsuit in the US Court of Appeals for the Ninth Circuit titled Sklar v. Commissioner of Internal Revenue. Mr. Zuckerman represents Michael and Marla Sklar, a Los Angeles couple who seek to establish legal precedent as it pertains to the secret agreement reached between the IRS and the Church of Scientology in 1993.



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FDA is GMO Friendly Under Monsanto's Michael Taylor: Infowars Nighlty News

In the news, co-host Rob Dew covers a host of topics, including Homeland Security's nose under the NFL tent, ramping up last year's TSA-style patdowns for Superbowl attendees. This year, Big Sis is tapping Hot Dog venders and other stadium employees, who they've trained to help spot "signs of terror" (which ridiculously include mundane and common activities including taking photos/video, writing on paper and/or talking withe police officers). VIPR teams will compliment the paranoid and expensive security-surveillance complex set up for the big game, despite the fact that no credible or specific threat even exists for the event. Further, WPRI's Matt Touchette report yesterday that body scanners would be used at bowl checkpoints was quickly refuted by the TSA, prompting Touchette to hurriedly back track on his own report. Other news includes: Holder: No cover-up in 'Fast and Furious,' no effort to hide details of the operation www.foxnews.com 'US uses Depleted Uranium, makes graveyards in Afghanistan' www.infowars.com After [promising to cut ties] with Planned Parenthood, Komen donations up 100 percent dailycaller.com Help stop former Monsanto VP from attaining top position at the FDA www.infowars.com HPV Vaccine Victim's Advocacy Group Sends Open Letter to HHS Secretary Kathleen Sebelius www.infowars.com Bernanke urges caution in overly rapid deficit cutting www.usatoday.com Colorado Republican faces questions after she was granted immunity during a DUI stop www.rawstory.com



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The TSA's "Wiener Police": Alex Jones Sunday Edition 6/6

On the Sunday edition of the Alex Jones Show, Alex covers the latest developments in the impending attack on Iran and the distinct possibility of false flag provocations in America, Israel and other countries that are helping them ready an unprovoked attack. Iran has promised to respond to countries participating in the covert and soon overt war against them. Alex also talks about the TSA's "wiener police" as the aviation Gestapo enlist thousands of fast food sellers and other vendors to spot terrorists under the "First Observer" program during today's Super Bowl event in Indianapolis. Alex also takes your calls. www.infowars.com www.prisonplanet.tv



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Is ADHD Protected Under the Americans with Disabilities Act?

The answer to the question is somewhat long and complicated. So we will begin with writing that while someone with ADHD may qualify for protection under the Americans with Disabilities Act, not everyone with the diagnosis of ADHD will qualify. And that may include you or your child.

The Americans with Disabilities Act was established by Congress in 1990. The purpose of the Act is to end discrimination against persons with disabilities when it comes to housing, education, public transportation, recreation, health services, voting, and access to public services. It also aims to provide equal employment opportunities for people with disabilities.

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The ADA was written to offer protections to individuals with disabilities, not individuals with any particular diagnosis. The Americans with Disabilities Act seeks to protect individuals with significant impairments in function.

Is ADHD Protected Under the Americans with Disabilities Act?

By the way, it is estimated that the population of the United States is over 300 million persons. And it is estimate that about 19% of persons have some type of long-lasting condition or disability. That would be somewhere near 60 million persons. This includes about 3.5% with a sensory disability involving sight or hearing, about 8% with a condition that limits basic physical activities such as walking or lifting. It also includes millions of people with mental, emotional, or cognitive impairments.

Since Congress enacted the ADA courts have had several challenges in defining the scope of the Act.

• What exactly is a disability?
• Who would be defined as having a disability?
• Is having a diagnosis the same as having a disability?

These are some of the questions that the courts have had to wrestle with, not to mention the questions related to how schools, work places, public transportation agencies, and more, are to implement the Act in daily operations with both employees and customers.

So, to the Question: Is Attention Deficit Hyperactivity - ADHD - included in the ADA?

The answer is "Yes, No, or Maybe."

The ADA defines "disability" as a physical or mental impairment that substantially limits
one or more "major life activities," such as walking, seeing, hearing, or learning. Having a
diagnosed impairment, such as ADHD, does not necessarily mean that an individual is disabled within the meaning of the ADA.

The ADA does provide for "mental" conditions or mental illnesses, and potentially ADHD fits in this category. But as with physical impairments, the diagnosis of a mental illness or mental impairment such as ADHD is not sufficient by itself to qualify for protection under ADA. Again, having a "diagnosis" is not the same as having a "disability."

We are not lawyers, and our readers probably are not either, but it is interesting to look at some of the recent court cases regarding the ADA that directly related to children or adults with Attention Deficit Hyperactivity Disorder.

These two cases seem to expand the definition of "major life activities" to include concentration and cognitive functions:

• Brown v. Cox Medical Centers (8th Cir. 2002), where reportedly the court stated that the "ability to perform cognitive functions" is a major life activity;
• Gagliardo v. Connaught Laboratories, Inc. (3d Cir. 2002), where reportedly the court held that "concentrating and remembering (more generally, cognitive function)" are major life activities.

But the courts have placed limitations on the scope of the Act as well, and have not just tried to accommodate everyone with ADHD. The court has its limits, and they have ruled that the ADA has its limits.

For example Knapp v. City of Columbus (2006 U.S. App. LEXIS 17081) is the story of three firefighters with ADHD who wanted the City to make accommodations for them in their jobs. The U.S. Court of Appeals for the Sixth Circuit declined to extend ADA coverage to three firefighters who had Attention Deficit Hyperactivity Disorder.

Three firefighters had claimed that ADHD substantially limited their ability to learn, so the City should make accommodations for them. But the court held that the firefighters failed to establish that their ADHD met the standards to qualify as a disability under the ADA.

A very important limitation of Act involved a ruling from an earlier Supreme Court case with Toyota in 2002 which the Sixth Circuit Court used in this case with the firefighters. The Sixth Circuit applied the U.S. Supreme Court's test in Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184 (2002).

Under the Toyota Motor ruling the courts must consider whether the person making the claim is unable to perform the variety of tasks central to most people's daily lives, not whether the claimant is unable to perform the tasks associated with his or her specific job.

When applying this test, the Sixth Circuit wrote that when a person who is seeking protection or accommodations under the ADA can fully compensate for an impairment through medication, personal practice, or an alteration of behavior, a "disability," as defined by the Disabilities Act, does not exist.

In other words, if a child, teen, or adult with ADHD can "get the task done" or "get the job done" by using medications, applying behavioral management techniques, receiving counseling, using biofeedback, using Attend, or other treatment interventions, then they do not have a disability that is protected under the ADA.

In this court case, all three firefighters testified that taking Ritalin controlled their symptoms, and that they were able to fulfill their family and work obligations. Thus, an ADA disability was not found.

So, it would follow that if you, or your child, could function pretty well at work or in school when taking medication or Attend, or using some other treatment, no disability as defined under the ADA would exist - at least according to the 6th Circuit Court.

Also, it seems that as a result of this ruling, employers under the Sixth Circuit do not need to make accommodations for employees with ADHD under these conditions:

1. When the disorder has not been shown to substantially impair their ability to perform tasks central to daily life;
2. When the ADHD symptoms can be improved by medication or other treatments.

Here is a pretty good list from a major university of the conditions that must be met for ADHD to qualify for coverage and protection under the American with Disabilities Act of 1990:

• The ADHD must cause significant impact or limitation in a major life activity or function;
• The individual must be regarded as having a disability;
• The individual must have a record of having been viewed as being disabled;
• The applicant must also be able to perform the essential job functions with or without accommodations to qualify as an individual with a disability under the meaning of the Act.

To establish that an individual is covered under the ADA, documentation must indicate that a specific disability exists and that the identified disability substantially limits one or more major life activities. Documentation must also support the accommodations requested.

1. The evaluation must be conducted by a qualified professional, such as psychologist, neuropsychologist, psychiatrist, or other medical doctor who has had comprehensive training in the differential diagnosis of ADHD and direct experience with an adult ADHD population. The name, title, and professional credentials of the evaluator should be clearly stated. All reports should be on letterhead, typed, dated, signed and otherwise legible.
2. Documentation must be current. The diagnostic evaluation must adequately address the individual's current level of functioning and need for accommodations. In most cases, the evaluation must have been completed in the last three years. A school plan, such as an Individualized Education Plan (IEP) or 504 Plan, is insufficient documentation for a university, but can be included for consideration as part of a more comprehensive evaluative report.
3. Documentation necessary to substantiate the diagnosis must be comprehensive and include:
   • Evidence of early impairment. Historical information must be presented to demonstrate symptoms in childhood which manifested in more than one setting.
   • Evidence of current impairment, which may include presenting attentional symptoms and/or ongoing impulsive/hyperactive behaviors that significantly impair functioning in two or more settings. In addition, the diagnostic interview should include information from, but not limited to, the following sources: developmental history, family history, academic history, medical history, and prior psycho-educational test reports.
   • Alternative diagnoses or explanations should be ruled out. The evaluator must investigate and discuss the possibility of dual diagnoses and alternative or coexisting mood, behavioral, neurological, and/or personality disorders that may confound the diagnosis of ADHD.
   • Relevant testing information must be provided and all data must reflect a diagnosis of ADHD and a resultant substantial limitation to learning.
   • Documentation must include a specific diagnosis. The diagnosis must include specific criteria based on the DSM-IV, including evidence of impairment during childhood, presentation of symptoms for at least the past six months, and clear evidence of significant impairment in two or more settings. The diagnostician should use direct language in the diagnosis of ADHD, avoiding the use of such terms as "suggests," "is indicative of," or "attentional problems."
   • An interpretive summary must be provided that demonstrates that alternative explanations have been ruled out and that explains how the presence of ADHD was determined, the effects of any mitigating measures (such as medication), the substantial limitation to learning caused by the ADHD, and the rationale for specific accommodations.

Obviously, dealing with government regulations with their specific definitions can be very frustrating and difficult. It would be important to have realistic expectations in regards to the American with Disabilities Act and ADHD.

We would recommend getting legal advice from an attorney who specializes in educational law, or has expertise in the Americans with Disabilities Act, to learn more about how the ADA may apply in a specific case to a particular individual with ADHD.

Is ADHD Protected Under the Americans with Disabilities Act?Karmin - Brokenhearted (Live on SNL) Video Clips. Duration : 4.08 Mins.

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Learn more about ADHD and treatment for attention deficit hyperactivity disorder at the ADHD Information Library - http://NewIdeas.net or visit http://ADDinSchool.com for 500 ADHD classroom interventions. This information is not to be considered medical advice or legal advice, but is for information only. Consult your physician or attorney.

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ERD - How to lodge an Appeal - PowerPoint Presentation

Completing a Notice of appeal To lodge a planning appeal with the Environment, Resources and Development Court of South Australia you need to complete a Notice of appeal form. The Court cannot give you legal advice or tell you what to write in your appeal form. You may contact the Court for a list of South Australian law firms that regularly appear before it if you want to find a lawyer to complete the notice of appeal for you. This video (as at 15/6/09/) explains the type of information you need to provide for the Court to accept your notice of appeal. The video is a guide. It is not to be relied on as legal advice. For more information on the ERD Court please visit www.courts.sa.gov.au or phone 61 8 82040300.



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SUPREME COURT RULES TO KEEP BAKHTIYAR HAJIYEV IN PRISON

The Supreme Court has ruled to uphold the original decision to imprison youth activist and blogger Bakhtiyar Hajiyev for evasion of military service, originally passed by the Ganja Appeals Court on July 6th of this year. Judge Imran Hajigayibov presided over the hearing. The process was open to the public. Hajiyev's lawyer Sadig Bagirov asked the court to allow his client to participate in the proceedings. The judge said that Hajiyev didn't want to attend. The lawyer argued that yesterday Hajiyev had sent a telegram to the court saying explicitly that he wanted to attend. Bagirov filed 3 motions. In the first motion, he asked for an appeal to be sent to the Constitutional Court demanding an investigation into the state's denial of alternative (ie non military) service to his client. The second motion demands recognition of the violation of Hajiyev's right to freedom. Decisions on Baktiyar Hajiyev's arrest were made in breach of protocol, based exclusively on a policeman's testimony, and without listening to the defendant side. In the 3rd motion, the lawyer asked the court to recognize that the 3rd Article against torture, as detailed in the European Convention on Human Rights, has been violated. According to the lawyer, after Hajiyev was arrested he was tortured. He claimed that the Prosecutor's Office has refused to launch a criminal case regarding this incident. Finally, the lawyer asked the court to annul the criminal case against Hajiyev and for his acquittal. Public ...



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Turkel Committee: Brigadier General, lawyer, foreign observers

Prime Minister Benjamin Netanyahu has instructed Cabinet Secretary Zvi Hauser to bring a proposal for government approval on Monday, for appointing an independent public committee to investigate the IDF raid on the Gaza flotilla. The announcement from the Prime Minister's Office noted that the committee would be headed by former Supreme Court Justice Jacob Turkel. The committee will be comprised of professor of international law and Israel Prize laureate Shabtai Rosen, and Brigadier General (res.) Amos Horev, former president of Haifa's Technion. Flotilla Raid Ayalon to CNN: We won't apologize for flotilla raid / Yitzhak Benhorin Deputy FM says Gaza-bound Turkish ship carried 75 mercenaries with links to al-Qaeda, other terror groups. 'They were well equipped and ambushed our soldiers,' he says, 'We found the money on their bodies, $10000 apiece' Full Story Two foreign observers will also be appointed: Lord William David Trimble, Nobel Peace Prize laureate, and Ken Watkin, international lawyer and former judge advocate general for Canada. The observers will also take part in discussions and consultations. According to the Prime Minister's Office, the committee will: Examine the security aspects of the naval blockade on Gaza and adjusting it in accordance with international law. Examine Israel's actions to enforce the naval blockade and prevent the international flotilla from reaching Gaza on May 31, 2010 with respect to international law. Examine the actions of the ...



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Unemployment Lawyer in Philadelphia Area Explains How to Prepare for an Unemployment Appeal Hearing



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Chinese Artist Ai Weiwei Appeals Against $1.85 Million Tax Bill

For more news visit ☛ english.ntdtv.com Follow us on Twitter ☛ http Add us on Facebook ☛ facebook.com Chinese artist Ai Weiwei is appealing against a 1.85-million dollar tax bill. Chinese authorities are putting the outspoken artist in a tricky bind—slapping him with a huge fine, and confiscating his accounting records, so he's unable to check the allegations. The design firm of Chinese Artist Ai Weiwei has filed an appeal against a 1.85-million dollar tax bill. Company lawyer Pu Zhiqiang said Ai's wife submitted the appeal with the Beijing Local Taxation Bureau on Wednesday. Ai's wife, Lu Qing is the legal representative of his company, Beijing Fake Cultural Development Limited. The appeal requires proof of the alleged tax evasion and a reassessment of the case. But, Chinese authorities have not returned the accounting records they seized from Ai during his detention. This has put the company in a bind because it's unable to check the allegations. Chinese tax authorities are demanding Ai to pay more than three-quarters of a million US dollars in back taxes and 1.1-million more in fines. Ai received the notice on Monday but he refused to sign the documents. Ai was informed he had three days to appeal. Pu told the Associated Press that the allegations in the notice are ambiguous. No years were specified for the violations, or what kind of tax was evaded—"corporate tax, income tax, or something else." Ai who is critical of the Chinese regime and its suppression of civil ...



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Free Lunch: How the Wealthiest Americans Enrich Themselves at Government Expense, part 2

Less than one percent of America (and that includes both individuals and corporations) is getting rich off of the remaining 99%, from outrageous tax breaks to secret deals that enrich politicians to outright lies told to engender the favor of local tax dollars. Dean Lawrence R. Velvel interviews David Cay Johnston, former investigative reporter for The New York Times, about his book, Free Lunch: How the Wealthiest Americans Enrich Themselves at Government Expense.



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Understanding Divorce Decree - The Final Judgment Of Divorce

A divorce decree is a ruling that summarizes the rights and responsibilities of the divorced parties. It is the final judgment of divorce. The divorce decree is a document that states the basic information regarding the divorce, case number, the names of the parties, date of divorce, and the terms the parties have agreed upon or the court's decision. The divorce decree is usually only a few pages long.

The divorce decree is the final step in the divorce process. Though several documents are likely to have been generated through the process, the divorce decree is the most important. It gives the pertinent details of the settlement between the parties. The divorce decree outlines the financial responsibilities of each party. It dictates the division of property of the parties to the divorce. The divorce decree will name the responsible parties to the debts the couple has incurred during the marriage.

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It will often give details as to the decisions regarding child support, custody, and visitation. The divorce decree will state which parent receives custody and what the visitation rights are of the non-custodial parent. Sometimes, a couple will use a separate state social services agency to handle the collection and disbursement of child support. If this has already been set up during the separation and prior to the divorce, the divorce decree may mention the existence of this arrangement.

Understanding Divorce Decree - The Final Judgment Of Divorce

A divorce decree is generally not issued until all the terms of the divorce have been resolved. Occasionally, the divorce decree is in conflict with government action, such as the Internal Revenue Service's collection of taxes in the United States. The IRS retains the right to collect back-owed taxes from one spouse, even if a divorce decree states that the tax bill is the responsibility of the other spouse. In that and similar situations, the wronged spouse has the option of returning to divorce court to recoup the lost funds. They may also have the ability to take their ex-spouse to court to try to recover the money.

Once a divorce decree is filed and issued, the parties to the divorce are free to remarry. Some states have laws that require a waiting period after the divorce decree before the parties are free to remarry. The divorce decree is legally binding. If either party to the divorce fails to meet their obligations as set forth in the divorce decree, the other party has the right to take legal action to rectify the situation. The wronged party could take the other party back to divorce court or to small claims court.

Understanding Divorce Decree - The Final Judgment Of DivorceAdam Lambert - Better Than I Know Myself Video Clips. Duration : 3.68 Mins.

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Moses Wright is the founder of Divorce-Papers.org. More information on Divorce Papers, Selecting Divorce Attorney and Divorce Settlements - Assets & Liabilities can be found on his website. You are welcome to reprint this article if you keep the content and live link intact.

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Article 32 Attorney - Military Lawyer - UCMJ Hearings and Appeals Lawyer - Court Martial Defense

Court Martial Attorney and former Army JAG Greg Rinckey discusses Article 32 hearings and appeals in the Military. For more information, visit www.fedattorney.com. The purpose of an Article 32 hearing is to inquire into the truth of the matter set forth in the charges under the UCMJ, to consider the form of the charges, and to secure information to determine what disposition should be made of the Article 32 case in the interest of justice and discipline. An investigating officer is appointed to conduct the investigation. Usually the investigating officer is not legally trained. Ultimately, the investigating officer will make the final recommendation for whether the case should proceed. If you are facing charges under UCMJ and an Article 32 investigation, you need to consult with an attorney, you should not waive your Article 32 rights. It is a decision that you should discuss fully with your attorney. The best option is always to have a complete understanding of the legal rights provided to you. Greg Rinckey is a former JAG officer and has years of experience in representing soldiers at court martial. Visit bit.ly for more information.



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To Appeal or Not to Appeal

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