House liberals appear ready to accept compromise health-care bill

October 31st, 2009
WASHINGTON a ‘ They may not like it, but many House liberals look ready to accept a compromise health-care bill, putting Democratic leaders well on the way to delivering on President Obama’s call for overhaul.

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Past, future of SCLC pondered as it chooses president

October 31st, 2009

Atlanta, Georgia (CNN) — The legacy of the past is an unavoidable presence as the Southern Christian Leadership Conference considers who will be its next president.

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Contracts: Throughout the Universe, From the Beginning of Time

October 31st, 2009

Inspired by a odd contract phrase that has suddenly popped up in a few places, the WSJ had an interesting story yesterday on the lengths to which lawyers are willing to go to be thorough in the agreements they draft.

The Terms of Use on Starwars.com tell users that they give up the
rights to any content submissions “throughout the universe and/or to
incorporate it in other works in any form, media or technology now
known or hereafter developed.” Starwars.com is hardly alone here. According to a post on the THR, Esq.
blog, the phrase is spreading rapidly throughout the legal universe, as a
search of the SEC’s Edgar database “turned up 560 examples of the
phrase in the last couple years alone, including in CBS CEO Les Moonves’ employment agreement.” 

For the record, a spokeswoman from Lucasfilm, which runs the Starwars.com Web site, says “to be honest with you, we have had very few cases of people
trying to exploit rights on other planets.”

One of my favorites in this area, which I still remember doing a double-take over when I saw it for the first time when I was practicing law, is the release form that releases all claims against a potential defendant “from the beginning of time” until the date of the agreement. The WSJ article quotes the CEO of a company benefiting from such a release as stating, “we’re trying to figure out how to cover every possible base as quickly
as possible. When you start at the beginning of time, that is pretty clear.”

Transactional lawyers, what are some other examples of “too-far-reaching” contract language?

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Tips when filing USCIS Immigration forms | ArticlesBase.com

October 30th, 2009

Most people will think they can work through the application without instructions, but that could be a costly mistake. The USCIS offers detailed instructions for filling out immigration forms or USCIS forms. There is specific information expected for each answer and an incorrect answer will delay the application process. Some important tips when filing USCIS forms or immigration forms are as follows:

•    You must use the most current edition of the USCIS forms.
•    Respond to all questions and provide information in the answer blanks and check boxes in  the USCIS forms..
•    Print or type information using black ink only. IMPORTANT: Do NOT “highlight” or “background shade” entries in USCIS forms.
•    Make sure the applicant or petitioner signs the USCIS forms as instructed.
•    Include the correct fee specified in the immigration forms instructions. Attach the fee or fee waiver by paper clip in the upper left corner of the completed immigration forms.
•    Provide all requested documentation and evidence with the immigration forms.
•    Follow the instructions on the notice you receive for biometrics/fingerprinting. The date, time, and location of your appointment will be provided. Take all receipt notices you have with you to your appointment.

Take the following steps to avoid delays in processing the immigration forms.

•    Do NOT send original passports or other valuable personal documents with your immigration forms. Make sure that copies of original passports or personal documents are made on standard white letter-sized paper (8.5 inches x 11 inches)
•    Use paper clips when attaching supporting personal documents to USCIS forms (do NOT use “ACCO” fasteners; staples are acceptable when attaching fees).
•    If a payment is submitted, attach it to the first primary USCIS form by paper clip or staple, and make sure the name of the applicant is indicated on the payment document (i.e., in the memo field). IMPORTANT: If more than one USCIS forms are filed using a single check, and any of the USCIS forms are found to be improperly filed, ALL USCIS forms will be rejected.
•    Make checks or money orders payable to “U.S. Department of Homeland Security.” or Treasurer, Guam (If you live in Guam) or Commissioner of Finance of the Virgin Islands (If you live in the U.S. Virgin Islands).
•    Always use the same name and the same version of the name on all immigration forms that pertain to the same person (I-485, I-765, I-131, etc.).
•    In the address section of any document, the “care of” line is for names only, such as an attorney, firm/organization, or a building. Do not put a street address in the “care of” section.
•    “Place of Birth” always means country of birth.
•    Include the date of birth on all USCIS forms in the designated field in MM/DD/YYYY format.
•    The applicant or petitioner must sign each Immigration forms submitted.

You must pay your USCIS form fee with a personal check, money order, or cashier’s check. DO NOT send cash.

Read the I-797 Receipt Notice carefully. Wait the amount of time listed before inquiring on the status of your case. The processing time is different for each USCIS form type.

All foreign language documents must be submitted with a corresponding English translation.  This English translation must be certified by a translator who is competent to translate and who must verify in writing that “the translation is true and accurate to the best of the translator’s abilities.”

When you have completed filling immigration forms, have a family member or friend look over the immigration forms to make sure every question is answered. Immigration forms might be a long and detailed application/petition and it is easy to miss an answer, or perhaps put the answer to one question under a different question.  Any errors or missing information will result in a delay of your application process. Someone else looking over your immigration forms is more likely to find errors you don’t see.

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Employment Law and Equal Pay Act | ArticlesBase.com

October 30th, 2009

The Industrial Revolution has brought radical changes in the working place. This historical phenomenon swept much of the world, especially Europe where it started and the Americas. One radical change it brought to the working place is the deterioration of working conditions as the number of workers or employees rose meteorically. In this regard, the government would need to pass laws protecting the rights of workers. These protective laws paved the way for the creation of modern employment law in the United States.

What is Employment Law?

The Employment Law protects employees or workers from any kind of mistreatment on the workplace. The poor working conditions that resulted from Industrial Revolution led to the creation of laws establishing fair wages, limiting the number of working hours in a week and prohibiting child labor. Other labor related laws also include laws regulating the cleanliness of the workplace, protection of employees from any kind of hazardous accidents.

Employment Laws have been passed standardizing the provision of benefits by the employers for the employees. Employment Law includes health insurance that benefits workers if medical problems arise due to poor work condition or unsanitary workplace. In addition, Employment Law also covers protection against discrimination in the workplace based on religion, race, gender and other factors.

Let us focus more on employment discrimination laws that protect employees from discrimination in the workplace. The US Equal Employment Opportunity Commission (EEOC) enforces several employment discrimination laws that protect employees from compensation discrimination. One of these laws is the Equal Pay Act of 1963. The passage of this law is milestone in labor history as it ensures that there shall be no wage discrimination based on sex in the workplace.

The Equal Pay Act

As stated above, this law requires that no wage discrimination shall take place based on gender. This law requires that men and women be given equal wage for the same work rendered in the same workplace. The jobs need not to be the same, but they must be essentially equal.

Further, the EPA states that it is not the job titles that matter in determining whether jobs are substantially equal but the job content. Men and women alike are protected by EPA as it prohibits unequal wages to both genders that perform a job that requires substantially equal amount of work, skill and responsibility in the same workplace and same working conditions. Pay differentials are only allowed when they are based on merit, seniority, quantity or quality of production or other factors than gender.

Employees expect that their employers will adhere to the Employment Laws discussed above. Moreover, basic standards of fairness in terms of employment decisions shall be observed in the workplace, like equal page for equal job for both sexes. Sometimes, however, these labor laws are not adhered to by employers. If you are a victim of unfair labor practice, do not hesitate to fight for your rights. An experienced civil rights lawyer or employment lawyer might help you build a strong case against your abusive employer.

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Lowering Speeding Penalty Points Against Your License - Simple Tips to Keep You Driving

October 30th, 2009

Not all states have a point system for infractions against the license, but many do. They keep a tally of points that you are allowed every 3, 5, or 7 years in many cases. If you receive more points in this allotted time that you should, your license will be suspended and you won’t be able to drive anyone.

In order to keep your license you need to reduce getting speeding penalty points. There are a few ways of doing this especially if you are nearing suspension.

First of all, get a copy of your driving history from your local department of motor vehicles branch. This should explain in detail all of your penalties that have been made against you. You will also find out if your state has a point system and how many years it takes for old infractions to leave your driving history.

One question that you should ask is if taking some sort of safe driving class can reduce the points you have. Some states allow you to get up to twice as many points before suspension if you have first taken a safe driving class. This would be useful, for example, if you feel you are nearing your cap and just got another speeding ticket. It’s a just in case tactic to make sure you can keep driving.

It’s also advantageous to learn how to fight speeding tickets in court. Fighting a ticket by arguing the way that you were pulled over or arguing what the local laws says about your infraction can help greatly reduce the fines and maybe even the charge saving those penalty points.

Obviously, the best way of avoiding this problem is to drive as safe as possible in the first place, but sometimes tickets happen.

Do you want to beat your speeding ticket and avoid fines?

Click here and visit http://c1spublishing.com/tickets/speeding-ticket-defense.html to learn strategies and methods to fight a ticket in court.

Use proven techniques to build a solid speeding ticket defense and win.

Article Source:

http://EzineArticles.com/?expert=Lance_Esondi

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Look After Your Future with DWI Defense Posted By : William Kent

October 29th, 2009

Driving is one of the most well-liked activities, which a lot of individuals are truly engaging their selves into it. As a matter of fact, the number of car owners in several cities is rapidly increasing that is why a lot of car accidents are being reported, which is already very alarming to several populaces. One cause of a lot of car accidents is driving while intoxicated, also known as DWI. Consequently, every state has produced DWI Defense in order to protect drivers who are merely accused of DWI violation.

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This DWI Defense is like a blessing to a lot of drivers who are always being caught because of DWI violation. For the reason that, DWI Defense is going to secure the right of the accused driver and be able to avoid any penalties that a driver might stumble upon. DWI Defense will definitely do their very best just to return you back in your normal living and you can be able to get your DWI Defense through the help of the internet. You can freely visit dwiattorney.com and be able to look for the DWI Defense that is going to suit the kind of circumstance that you have. You will be able, as well, to acquire additional details regarding DWI Defense and other information that has something to do with DWI violation.

There no need for you to be worried, for wherever you are residing at, without doubt, you are going to get your own DWI Defense that will definitely protect you from any penalties that you might encounter. DWI Defense will also help you out to safeguard your future employment, for they are going to prevent any bad records that might affect your future living.

Part of your right is to understand foremost all the case or cases that you are facing, for you to take the right legal actions, as well, and for you to do this you should seek your DWI Defense.

Some of the DWI consequences that are going to struggle by your DWI Defense are as follows:

• Loss of your commercial driver’s license
• Loss of your driver’s license
• Jail time (72 hours up to 6 months)
• Monetary fine (for first time offenders, the monetary fine will reach the highest fine of $2, 000)
• Alcohol evaluation
• Driving privilege of 90 days

With DWI Defense, you are going to surpass all the DWI penalties.

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Witnesses identified suspect in UConn student’s death

October 29th, 2009
Several witnesses identified the man charged with fatally stabbing a University of Connecticut football player as the killer, prosecutors said yesterday.

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Israel rules out questioning troops about Gaza offensive

October 29th, 2009

Jerusalem (CNN) — The Israeli government has ruled out setting up an independent investigative body that would interview Israeli military personnel about allegations that the military committed war crimes during its offensive against Hamas earlier this year.

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Wednesday’s Three Burning Legal Questions

October 28th, 2009

Here are today’s three burning legal questions, along with the answers provided by the blawgosphere.


1) Question: I was using my laptop to train myself on some new software my company is using and totally lost track of time. This caused me to be about 90 minutes late on a project for work (Full disclosure: I’m a pilot and the project was landing Northwest Flight 188 — We went 150 miles too far. Whoops!) Is this going to be a problem?

Answer: Major problem. (Lowering the Bar)

2) Question: I really need some protection at my home. What is effective? A burglar alarm? A gun?



Answer: Have you considered the lower-cost alternative of pretending that you are a dog to frighten away would-be robbers? (Legal Juice)

3) Question: I have the misfortune of working as the character Leatherface in a haunted house called the House of Screams. I was doing my best to be scary with my fake chainsaw and everything when one of the customers pulled his gun on me. I dropped the fake chainsaw and put my hands up, and the customer told me he was a police officer. Am I in trouble?


Answer: You? No. The cop? Oh, yes. (Jonathan Turley)


Visit msnbc.com for Breaking News, World News, and News about the Economy

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