Tuesday, August 17, 2010
Gay marriages Put on Hold
Monday, August 16, 2010
Father can Sue Mother of a Stillborn Fetus for Negligence
Tuesday, August 10, 2010
Interesting trend
Recently, there has been some discussion about whether children of non-citizen parents should get citizenship at birth in the U.S. This debate has been renewed with the recent court ruling in Arizona banning significant portions of the Arizona immigration law. While it may seem like an unusual step to take to deny children born on U.S. soil the right to be citizens, this is actually not an unusual trend around the world. Take a look at some of the other modern countries around the world that have recently changed their laws to end birthright citizenship:
*Canada repealed in 2009.
*New Zealand repealed in 2006.
*Ireland repealed in 2005
*France repealed in 1993
*India repealed in 1987
*United Kingdom repealed in 1983
*Portugal repealed in 1981
Monday, August 9, 2010
Please Participate in our Poll
Sunday, August 8, 2010
Support to end citizenship for children of illegal immigrants grows
Here's an interesting story. It's traditionally been the right for anyone born in the United States to get citizenship automatically. However, a number of lawmakers are suggesting a constitutional amendment to change this right:
Frustrated by Congress' failure to do anything to curb illegal immigration, a number of prominent lawmakers are suggesting the time has come to consider repealing or rewriting the 14th Amendment to the U.S. Constitution, which guarantees citizenship to anyone born in the United States.
Friday, August 6, 2010
Do you need a lawyer?
When do you need a lawyer?
Things to consider before you hire a lawyer?
How soon should you consult a lawyer?
What is your goal?
Questions for Your Attorney
- How much experience do you have?
- How much will a lawsuit cost me?
- How long will the entire legal process take? Do I have a good chance of winning?
Wednesday, August 4, 2010
Judge Strikes Down Gay Marriage Ban
California: Ruling On Gay Marriage Expected Today
US District Chief Judge Walker presided over the trial about the constitutionality of the gay marriage ban in California. This afternoon, Judge Walker will issue a ruling on whether the law violates equal protection and due process under the US Constitution.
Arizona Sheriff given deadline to comply in Civil Rights Investigation
You may recall Joe Arpaio in recent news. He has virtually served as a spokesperson for local law enforcement in support of the Immigration Law. Of course, he was also the sheriff who urged demonstrators to follow the law during the protests, and then promptly began leading immigration sweeps in Immigrant neighborhoods immediately after a Judge banned key provisions of the Immigration Law. One of the main provisions dealt with the controversial portion requiring law enforcement to check immigrants for their papers. How does one sweep immigrant neighborhoods, while following the Judge's ruling?
Apaio states that the current investigation is primarily focused on alleged wrongdoings in his immigration efforts. Arpaio, along with his attorneys, have already indicated that they have no intention of cooperating with the inquiry. The Justice Department has now given a deadline of August 17, 2010 to turn over documents that were first requested last year.
Sunday, August 1, 2010
Should the Government legalized Gay marriage?
Currently, this is a debate that is ongoing in several states. Opponents of gay marriage argue that there is a strong government interest in preserving the traditional family. The extension of this argument is that gay marriage would degrade family values and break down the importance of the traditional family.
Supporters of gay marriage argue that this is a myth.
In fact, the traditional family has evolved over the years. It's hard to define the traditional family in modern times. Are we talking about mom and dad and the kids, or is it mom, dad, step-mom, step-dad, and the half brothers and sisters. It's arguable that if allowed to marry, gay couples may cherish their hard won rights, resulting in a lower divorce rate amongst gay couples.
Opponents of gay marriage also point out that gay couples can avail themselves to a civil union which carries all the same rights as marriage. This is an interesting argument that certainly cuts both ways. If marriage and civil union are the same thing, then the same argument can be used to argue on behalf of legalizing marriage for gay couples. What's the difference, if it truly is the same thing. Consider the flip side for heterosexual couples. Calling my wife a civil partner just doesn't have the same ring.
Philosophy aside, what is a state's interest in marriage? Traditional marriage was invented in religion, however the government also has a legitimate interest in recognizing marriage in the law. The government interest in marriage is fundamentally in recognizing the property interest between a married couple. Without the legal recognition of marriage, the succession of property becomes problematic when someone passes away. Consider a non-married couple with a child born out of wedlock. If the father of the child passes away, the mother of the child would not be entitled to any property from the father. The minor child would likely inherit. However, if the couple were married, then the wife would have a property interest.
The government should have a strong interest in legitimizing these property rights amongst all couples who wish to tie the proverbial knot.
Lastly, consider the equal protection arguments. If there's no argument against allowing a legal civil union, which supposedly carries all the same rights as marriage, then why single out a single group of people to say that they can't use the word marriage to describe their union?
Protestors arrested in Arizona
Saturday, July 31, 2010
Ninth Circuit denies Arizona's request for expedite immigration law appeal
Be prepared for continued heated debate on the immigration issue.
Friday, July 30, 2010
Lawsuit filed in Hawaii for recognition of same-sex civil unions
The lawsuit bases its claims on violations of equal protection, due process and privacy of same sex couples.
Same sex civil unions are already recognized in Washington, New Jersey, Oregon and Nevada. Same sex Marriage is recognized in DC, Vermone, New Hampshire, Iowa, Connecticut and Massachusetts.
What happened to the Fourth Amendment?
Thursday, July 29, 2010
Where is Immigration Reform Headed?
Of course, we must require that local law enforcement have some reasonable suspicion other than race to detain people and request to see their papers. This is a quandary that is not easily solved. How does one suspect that a person is an undocumented immigrant without taking into account their race?
The answer is obvious. We should have all persons of a particular ethnic group wear some kind of symbol which is easily visible on their outer clothing to indicate that they are lawful immigrants. Of course, it would be a serious felony for an undocumented immigrant to forge such a symbol. It would also be a crime for a legal immigrant to give assistance to an undocumented immigrant.
This would make it simplicity itself to spot the undocumented immigrants easily and move them into the local immigration detention facilities. It would also discourage any lawful immigrants from giving help to their undocumented friends or relatives.
In addition, the lawful immigrants who assist their undocumented brethren could similarly be detained and sent to prison or perhaps housed in a detention facility for aiding and abetting.
In order to enforce these laws, we could make it a crime for all the lawful immigrants to go into public without wearing their immigration symbol boldly where law enforcement can easily view. If it is obscured in any manner, the local law enforcement can detain the person for attempting to hide their immigration status.
Of course, this is a hypothetical situation that wouldn't ever really happen, could it? Any history buffs in the audience?
Immigration Protesters Arrested in Arizona
Meanwhile demonstrators are arrested in Arizona. The reality for immigrants living in Arizona is that they still face the prospects of strict racial profiling. While a judge may say that portions of the law cannot go into effect, the fear of racism still lives in the streets.
Back in the courtroom, Arizona has already appealed the judge's decision, asking the appellate court to lift the ban.
Wednesday, July 28, 2010
What to do if You are Stopped by the Police
Arizona Immigration Law Ruling: What Happens Now?
But in reality, a great portion of the law will still go into effect. Expect that there will be no sanctuary cities in Arizona. Also, the law will provide stricter restrictions against hiring day laborers as well as illegal immigrants. The portions of the law that make it economically difficult for immigrants to survive in Arizona are mainly intact.
Don't forget also, that although the most heavy handed provisions of the law are blocked, it has not changed the local sentiments against immigrants. Immigrants will still face the same struggles. The question remains does one Judge's ruling prevent Hispanics from being targeted and harassed by local law enforcement?
Court blocks portions of Arizona Immigration Law
Police making preparations to enforce Ariz. immigration law
Tuesday, July 27, 2010
Bell City Salary Scandal
Arizona Law to go into Effect Thursday
The Arizona Immigration Law Debate
Currently, Civil rights groups are challenging the new law in court, arguing that it allows police to use racial profiling to go after suspected illegal immigrants. At the same time, others groups support the law as an effort to reduce the impact of illegal immigration in America. The passions on both sides are running high.
Supporters of the law point out that the federal government has been ineffective in stemming the tide of immigrants entering the country. There are an estimated 460,000 undocumented aliens residing in Arizona. The fear is that these undocumented aliens have a negative affect on American jobs and wages.
At the same time, while acknowledging that illegal immigration is an issue, civil rights groups are concerned that the tough new law is not the proper way to solve the problem. The great fear is that police officers will target hispanics solely on their race. Many worry that citizens of hispanic decent will get caught up in the wide net of racial profiling.
Supporters of the law point out that the law only codifies current practices of the Arizona police force: As a general rule, if a person is arrested for a crime, their immigration status is checked by immigration authorities and they are flagged for deportation if they are undocumented.
However, many wonder why there would be a need for the passage of a new law if it has no affect on current practices. There is also the fear that the law will act for a shield for bad cops to engage in racist practices.
In the back of the minds of many, the question remains, with the passage of this law are we one step removed from requiring Hispanics to wear a patch on their clothing to indicate whether they are lawfully in the country?
The Demise of Miranda
On appeal, Thompkins argues that his right to remain silent was invoked by his very act of refusing to respond to the questioning Initially, the US Court of Appeals agreed with his arguments that three hours of silence throughout constant questioning constituted an invocation of Thompkins' right to remain silent. However, the Supreme court reversed that decision in a 5-4 vote.
In the majority opinion, the Supreme Court alters the original Miranda rights. While suspects are still entitled to be read their rights, they must make a clear and unambiguous statement that they do not want to talk to the police. Simply remaining silent will not invoke their right. If a suspect answers any question, their right is considered waived.
The ultimate impact of this ruling is that it is now possible for the police to continue interrogating a subject for any length of time until they obtain a confession. Unless a suspect expressly announces that they are invoking their right to remain silent, they may unintentionally waive their rights.
The dissenting opinion warns that such a ruling presumes that a suspects rights have been waived even if their is no clear expression of their intent to do so. As Justice Sotamayor states, the opinion is "a substantial retreat from the protection against compelled self-incrimination that Miranda v. Arizona has long provided during custodial interrogation..."
The conclusion of this ruling is basically that a suspect is presumed to have waived their rights unless they have expressly invoked them.
Attorneys should begin to teach their clients to say "I am hereby expressly invoking my right to remain silent and my right to have my attorney present during any questioning." (At least until the Supreme Court rules that expressly invoking the right is not enough)
Monday, July 26, 2010
You may already be an American Citizen
Arizona law rallies planned
The protesters include immigrant students, religious leaders, day laborers and members of several unions including the United Food and Commercial Workers Union, the Teamsters and the Utility Workers of America Union.
As a defiant act against Arizona's new immigration law illegal immigrants demonstrators plan a march on Phoenix just days before the legislation becomes law....
Their claims of racial profiling illegal state law that's unconstitutional .
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Immigrant groups and A.F.L C.I.O plans to be in the demonstration , protest ..
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Read more…
Sunday, July 25, 2010
Federal judge won't block all of Arizona's immigration law
Economist say immigration, legal or illegal, doesn't hurt American Workers
Do immigrants take American jobs? It's been a common theme among many that immigrants have been a drain on the economy and costing tax payers hard earned dollars. Additionally, there's also been the claim that immigrants take jobs that would otherwise go to American workers.
But most economists and other experts say there's little to support these claims. Study after study has shown that immigrants grow the economy, expanding demand for goods and services that the foreign-born workers and their families consume, and thereby creating jobs. There is even broad agreement among economists that while immigrants may push down wages for some, the overall effect is to increase average wages for American-born workers.