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Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Thursday, August 16, 2012

Immigrants: Legal, Illegal Or Just Human


Ever since Lucy and her band of our Homo Sapien ancestors left Africa some 70,000 years in the past, our species has been migrating. From our savanna homeland, now we have spread over the whole globe so that just about each nook and cranny of our planet has been populated with our species. There are some who even speak of colonizing Mars. While we are often known as a device-making primate, we should also be acknowledged as confirmed travelers.

There are a lot of causes for our wanderlust. Whether or not we are enticed to improve our lives, evicted by harsh circumstances or simply plain curious, we do get around. Not that this constant migrating has necessarily been easy. We have needed to alter to new climates, grasp the earth to offer food or, if the land was already occupied, confront its occupants. While this commingling of newcomers and strangers could be peaceable and mutually beneficial, it often ends in conflicts. All too usually, warfare is the means by which one group conquers another people's land and lords over the vanquished.

To deliver this case to our personal country, weren't even the first Europeans who settled here immigrants who did not communicate the local languages and definitely did not pass inspection by the native inhabitants. The thousands and thousands of individuals misnamed Indians have been here for an estimated 15 to 25,000 years earlier than they have been "discovered" by the Europeans. These peoples replayed a theme familiar to our species: the newcomers believing the land and folks have been for their taking while the indigenous, even if curious and initially pleasant, quickly resented the intruders. Not that there weren't durations--no matter how brief--of friendship and mutual accommodation. Would the Pilgrims have survived if it weren't for assistance from the native tribe?

But people, sadly, are very parochial and dichotomize individuals into We and They. We cling to our own family, nation, co-religionists and others just like ourselves and are liable to be suspicious, if not hostile, to strangers. The conferences of two peoples could range from raised eyebrows and avoidance to hostility and wars. Misunderstandings play a role. For example, the idea of the Europeans was the ownership of land with the constructing of fences whereas the Native People' was of sharing and, and if not mutual respect, live and let live, including benefiting from trade. But let us not romanticize the Native Americans. Despite their widespread ancestors, they weren't always cooperative with neighboring tribes or nations; hostilities and subjugation were all too frequent.

Whereas the United States has been blessed with the various sources required for the commercial age, we have now had as an invaluable benefit an enormous reservoir of people that immigrated--or have been introduced as slaves--from all components of the world. These peoples offered the labor to make us the most technically advanced nation on the globe. Regardless of those among us who have been--or are--illiberal towards newcomers, we've had the largest influx of "foreigners" in history. After I was a toddler, I recall the title of a eBook referring to our numbers as a hundred,000,00. Now--whereas I may be outdated, I am not that historic--we have now tripled our numbers, passing the 300,000,000 million mark. Even probably the most xenophobic would discover it difficult to disclaim--or disprove--that the range and numbers of our peoples have enriched us not only economically but culturally as well.

Let me divest myself of impartiality by mentioning that my father was an "illegal" -- not that my grandmother nor any mum or dad offers delivery to a toddler whom they contemplate to be illegal. Though my grandfather and his two sons immigrated to escape pogroms and army conscription in Russia, they supposed to deliver my father, then ten years previous, and my grandmother, to this country. They were very similar to immigrants whose men people come first, get jobs, establish themselves and then have the means to convey the rest of the family. Nonetheless, they didn't notice that World Battle I and the Russian Revolution would upset their plans. What was to be a short separation lengthened into over eight years.

On the time, Congress, politically divided then as now, discovered a patchwork compromise: you could possibly herald your youngsters with one stipulation. They needed to be minors. Well, my father was not a minor! Our household would have been devastated if he declared his appropriate age--he would have been immediately deported from Ellis Island. So he said his age as being years younger. I requested my grandson's elementary college meeting, where I had been invited to debate my novel "Land of Dreams," what my father should have done. Hands waved frantically and then all but one youngster agreed, "He should lie!"

I used to be relieved that I might tell the youngsters--and the attending academics and principal--how the story ended. After World War II, my father returned to his Russian birthplace and despite the warfare's devastation, discovered that his city corridor was nonetheless standing. He received a duplicate of his birth certificates and when he returned, reasonably than being prosecuted or deported, he was allowed to retire two years earlier! I was capable of tell the kids, "Justice comes to America, but it may take time." Witness how long it took to free these involuntary immigrants who had been introduced here as slaves. Or Japanese-People, even citizens, to be exonerated after their having spent years in our World Battle II focus camps.

We now are once more debating the problem of immigration. While there are millions of newcomers who are undocumented--a time period I prefer and is more accurate than illegal--they make up an estimated one quarter of agricultural, constructing trades, domestic, resort and restaurant workers. Despite our employers' determined want for these low paid staff, Arizona, in 2004, sharply restricted these workers from coming into the state. The consequence: farmers had been unable to get staff to reap their crops; almost a billion dollars worth of produce rotted in the fields. The xenophobic legislators not only prevented undocumented workers from making their low wages, however in addition they harmed their "legal" indigenous--and citizen--farmers.

Our politicized patchwork of immigration compromises has contributed to the problem. We allowed 400,000 Mexican workers to enter the nation legally, work, and return home. Some had the capital to stay in Mexico, others returned the following year. Members of the family would stay in Mexico and not have to return here to stay together. Congress abolished this mutually beneficial and controllable arrangement--referred to as the "braceros" program--in an anti-foreign pique in the 1960's. One doesn't have to be a mathematician to understand what happened when our nation needed these staff and these workers needed jobs. However the government did come to its senses and confronted reality; in 1983, Congress lastly enabled three,000,000 staff to ascertain themselves as "legals." At present there are those that appear shocked--or ignorant--when such proposals are made.

Another instance as to how our nation has contributed to the problem: our backed corn--paid with taxpayers' dollars--permits our farmers to sell corn extra cheaply in Mexico than Mexican farmers can sell theirs. An estimated 3,000,000 Mexican farmers went bankrupt, causing determined families, in order to survive, to cross our border to find work. One final fact: nations like Japan, with restrictive immigration policies, will in one other era have too few workers to support those that will retire. In our nation, the children of those immigrants, "legal" and "unlawful," might be sustaining many us when we retire. Their youngsters enter the complete spectrum of jobs, blue collar and professional, further enriching our country. By the way, many "illegal" employees pay taxes and all of them purchase billions of dollars value of goods, including to the prosperity of our nation.

A solution to the immigration difficulty is complex. However rather than a patchwork of ineffective and self-defeating band aids, we must always think about tough but elementary solutions. These would require worldwide cooperation. So long as there are starving or poorly paid staff on the earth, they will search work to assist themselves and their families. If these folks had jobs at residence, few would come here. Actually, a little publicized fact is reverse immigration: Mexicans and others do return to their dwelling countries. There are a lot of causes; they embody discrimination, low or unreliable wages as well as their eager for their homeland and families. What is needed is an international effort to enhance living standards around the world, simply as the industrial and industrial interests have their worldwide insurance policies to speculate and make money. An investment in individuals pays in the long term for our--and different nations'--prosperity. And we have executed it before. After World War II, reasonably than punishing our enemies, we funded our Marshall Plan, which provided assist to Germany and Japan. Reasonably than their folks fleeing the devastation of the battle, they had been able to rebuild and enhance their lives at home. We'd like such worldwide efforts to help people throughout the world for their and our mutual benefit.

As I consider my circle of relatives, with its latest immigrants as well as longtime residents (my grandson's father is an Apache), we have now a lot to achieve by growing the means for all of us to prosper. Rather than our contemplating selfish and parochial options to the issues of immigration, which are self-defeating and impose hardships on others, we must understand that to survive as a species, with immigration in addition to different global points, we must consider that each one of us are our brothers' and sisters' keepers. That is necessary not only for their survival, but ours as well.




Feiner & Lavy, P.C. attorneys at regulation in New-York, NY provide immigration authorized recommendation on acquiring green cards, US Visas, US Citizenship and representation in Deportation and New-York immigration attorney




Tuesday, July 31, 2012

The Legal Issues Of Engineering And Constructing A Microbrewery


In the engineering and construction of a microbrewery there are numerous areas where legal issues come into play from concept to completion. This article will attempt to outline some of the legal issues one must ponder while progressing through the entire engineering and construction process of a new 15 barrel (bbl) microbrewery. The process will be divided up into two distinct sections - engineering design and construction.

Let us begin the engineering design process with the owner's concept: "I want you to design a 15 bbl microbrewery for me". As an astute engineer, you know that you need a written contract. This written contract must clearly contain several elements in order to be valid. These elements are: competent parties, agreement (offer and acceptance), consideration, lawful purpose, and form. The competent parties would be the owner and you (or your engineering company). The agreement would be your offer to design and engineer the microbrewery, and his acceptance would indicate and agreement. The consideration would be that you receive a fee (for instructional purposes let's say you charge a flat fee to design building plans that will be accepted by the permit office for construction. The owner's consideration would be those completed building plans that are accepted by the permit office, thus being ready to use for construction. The contract must be for a lawful purpose, in this case, the design and engineering of a microbrewery. The form, of course, would be the written form outlining all of the above elements. Now, that the basic elements of the contract are known, you must now work with the owner to get some answers that will help you design this new microbrewery.

Since the microbrewery is going to be a 15 bbl system, you might need details like:

What is the maximum annual production capacity expected?

What type of beer will be produced (ale, lager, stout)?

How will the beer be packaged (bottles, cans, kegs)?

You are asking these questions because they are needed to determine the size of the facility, as well as what special items must be designed. For example, the owner says he wants to be able to brew and store three brews a week. Knowing this you now have to calculate enough space and equipment to handle a maximum annual capacity of 2250 barrels at 50 brewing weeks per year.

Calculation of Annual Production

System Size (Brewhouse Size) x Number of brews per week x 50 weeks per year = Annual Production 15 Barrels (bbls) x 3 brews/week x 50 weeks/year = 2250 bbls/year

The owner also says that he wishes to brew both ales and lagers - 50% ale production and 50% lager production. You also know that each type of brew has a different cycle for brewing, and thus you need a different amount of fermenters per type of beer.

Calculation of Number of Fermenters

2250 bbl Annual Production Capacity (50% Ale, 50% Lager)

14 Day Ales / 28 Day Lagers with full fermentation in fermenters Ales - 25 cycles / fermenter / year (50 brewing weeks / 2 week fermentation) Lagers - 12.5 cycles / fermenter / year (50 brewing weeks / 4 week fermentation)

Ales: 1125 bbls / year / (15 bbls x 25 cycles/year) = 3 Fermenters Lagers: 1125 bbls / year / (15 bbls x 12.5 cycles/year) = 6 Fermenters Total: 9 - (15 bbl) Fermenters to produce 1125 bbls Ales and 1125 bbls Lagers

This information will affect the dimensions of the microbrewery. You know that ales ferment ideally between 65 and 75 degree F, but you also know that lagers ferment below 65 degrees and must age longer in lager tanks, so you must add not only a "hot room" for brews but also a "cold room" for the lager tanks and dispenser tanks. The owner says that he wants to dispense the beers in ½ bbl kegs and 12 oz bottles. He also stipulates that he needs enough space to store a month's worth of each type of container. So, based on this requirement you need to calculate the space required for the bottling and kegging machinery, as well as the storage space for a month supply of ½ bbl kegs and 12 oz bottles.

Of course, you will need to figure out the other requirements specific to the microbrewery, such as water needs, drainage, floor finish, electrical, ceiling heights, venting, loading and unloading areas, etc. Slowly but surely the picture of what needs to be designed is coming together. As an engineer, you will need to ask many questions, and get answers to those questions, so that you can clearly outline the specifications of what needs to be built in the contract. In addition, by getting these specifications in writing you are further eliminating any ambiguities there might be which could be used to not honor the contract, or which could be used against you if you must go to court to resolve a contract dispute.

After several weeks of hard work, you finish the project, submit the plans for approval, and they are approved. You present the approved plans to the owner as consideration for your services, and as consideration you are paid your fee.

After having been pleased with your design and engineering services, the owner now asks you to be the general contractor for the construction phase of the project. He asks you to supply him with a bid as soon as possible. You call your suppliers to get prices, availability, lead time for delivery, etc. You receive bids from subcontractors for the various trades (plumbing, electrical, HVAC, flooring, etc). You pick those subcontractors that you think best fit your needs.

In addition, you have done your due diligence by making sure all your subcontractors are licensed, that they are carrying their own forms of liability insurance, and that their workers will be covered in the event of injury. As a general contractor, you, of course, must also be licensed, possess liability insurance, surety bonds, workman's compensation insurance, etc. These are all instruments that help protect you legally in the event that any liability or injury issues arise during the construction of the microbrewery.

When preparing the contract for the bid (and the job) you ensure that the specifications contain all of the critical elements such as: general provisions, the schedule of work, change order procedures, drawings, receipt and storage of materials, warranty on labor, warranty on materials, methods of payment, procedure for lien release, etc.

Once you have collected your information you submit your bid, and the owner accepts. Of course, there may be many different contracts involved here: the contract between the owner and you (the general contractor); the contracts between you and the subcontractors; and the contracts between you and your suppliers.

Finally, the first building supplies arrive, construction begins, and within several months, you and your team have constructed a new top-of-the-line microbrewery, adding value to the community, the nation's economy, as well as putting a little money in your pocket.

Now, let's review. Along the way there were several areas where you could have encountered potential legal pitfalls. In the engineer role, you made sure that the contract contained all of the elements necessary for it to be valid: competent parties, agreement (offer and acceptance), consideration, lawful purpose, and form. Also, based on the owner's input, you made very detailed specifications of the microbrewery design and you put it in writing. This helped prevent any ambiguities between what the owner wanted and what you thought the owner wanted; furthermore, you put the design specifications in writing.

In the general contractor role, you had to deal with potential legal pitfalls involving the contract between you and the owner, you and your subcontractors, as well as you and you suppliers. You possibly had to encounter labor issues, liability issues, injuries, workman's compensation insurance claims, incorrect building supply deliveries, theft or damage of materials or equipment on the job site, or maybe even attractive nuisance issues. Whatever you might have encountered as an engineer and as a general contractor you know that you are armed with the knowledge to jump over any legal issues you may encounter. It's time to have a beer!




Michael Frick has worked his way through the ranks of the Information Technology field for the past 17 years, as IT Director, system coordinator, programmer, and linguist. He currently holds the title of President for a network engineering and application development company in Los Angeles, California. Before that, he had worked for the Drug Enforcement Administration, and had served several years in the Signals Intelligence/Ground Electronic Warfare field in the United States Marine Corps as a Signals Intelligence Cryptologic Technician. He brings his years of experience, as well as, his real world, common sense approach to consistently remain at the forefront of software development and deployment of contemporary business solutions. He is fluent in Spanish and is learning Japanese.




Wednesday, April 25, 2012

Road Legal Quad Bike Advice


A quad bike (or ATV) is a motorcycle with four wheels. They became popular from the 1970's and have shown an increased demand since then. Quad bike riding has typically been done off road, offering the rider an exciting and thrilling experience which can be compared to motocross riding. A new type of bike has emerged on the market over recent years and this is the road legal quad, a bike which conforms to all safety requirements so that it can be used on public roads. Why would anyone want to use an ATV on the road when they could use a car or motorbike?

They offer a completely different riding experience which is fun, convenient and easy to learn. An ATV is very cheap to run. On average it costs only £12 to fill up the tank (unleaded) and this can last for many miles. Quad bikes can reach high speeds just like motorcycles. A 250cc to 300cc model will do around 65MPH, more with performance upgrades. A quad bike has fast acceleration, is easy to get through tight spaces and insurance is cheap, depending on your age. Most road bikes being produced today can transport two people although you should check with the manufacturer prior to purchasing for specifics.

So you may be thinking what makes an off road quad different to a road legal quad?

Road legal ATVs must be registered with the DVLA, taxed, insured and have an MOT just like a car must have. The quad bike must comply with strict construction and lighting requirement, have mirrors, and display registration plates on the front and the rear. By law no person under the age of seventeen is permitted to use a quad bike on public highways.

Many people ask can I convert my off road ATV into a fully road legal quad bike? Well in reality yes you can, however this can be a very costly affair. It is not unusual for it to cost in excess of £500. In order for a quad bike to be suitable for road usage, the vehicle must go through the ministry test for homologation and SVA certification. Once tested it must be retested every three years by a certified member of transport.

Using an ATV on the road will require the rider to hold a full UK car licence or a motorcycle licence prior 2001. Although a full UK driving licence is suitable to ride a road legal quad on British roads, the user may not have previous quad experience and this is not actually required. It is strongly advised prior to using a quad bike on the road that you practice in a quiet area with no people around such as a private piece of land or an empty car park (if you seek permission).

Please be aware that quad bikes are a dangerous piece of equipment and require a patient mannerism to learn the basics of riding one. It is important to be safe when riding a quad bike is this is a dangerous vehicle just like any other. There is no law which states the rider must wear a helmet although it is strongly recommended for safety reasons. There are mixed views on whether helmets should be worn, what do you think? Do you think it should be the law or down to a personal choice? Whatever your answer, the helmet is a useful safety article. A helmet approved to United Nations standard ECE 22.05 is suggested for use in the EU. Many people wear eye protection, boots and suitable clothing on their quad bikes. This is important as you only get one life, so protect it as much as you can!

To conclude, ATV's are becoming increasingly popular particularly road legal quads. If you are planning on riding your quad on the road it is advisable to purchase a road legal quad. If you already have an off road quad it is possible to convert it into a road legal vehicle but you need to make sure you do this correctly and legally and it can cost a considerable amount of money.

If you would like to know more about specific quad bikes and their specifications please visit http://www.proppa.com/quad-bikes-474-c.asp




Adam Weaver
http://www.proppa.com




Thursday, February 2, 2012

How Does a Document Review Center Assist the Legal Process?


In a legal context, document reviewing concerns the examination of files, reports, and other written articles during the discovery phase of the legal process, the phase in which evidence is exchanged by both sides of a case to establish the basis on which the case will turn. Some cases involve little to no document reviewing, such as only the examination of police reports. But others involve document review that requires a special team of reviewers to help attorneys glean crucial information. There are two situations that generally call for a team of reviewers: documents that are lengthy, such as transcripts produced by an unusually high number of deponents, or documents whose contents require specialized expertise to understand, such as scientific materials.

The Benefits of a Document Review Center

Regardless of why an entity needs document analysis, it usually needs it fast, a situation that benefits from retaining review services through a legal support agency that offer review centers with the following benefits: 24-hour a day availability, secured card-key access, manned security stations, redundant power, pre-installed technology, private offices, kitchen facilities, Internet carousels, and office equipment. Law firms and corporations often find a review center by retaining support through a nationwide or worldwide court reporting agency. Unbeknownst to outsiders, top court reporter agencies do more than supply court reporting; they also offer various legal support services, one of which is document review.

The Advantages of Using a Court Reporting Agency

There are several advantages to using a court reporting agency for reviewing, but two stand out in particular: the agencies also offer documents retrieval, which is often the first step in the reviewing process; and they also offer complex litigation services to help with cases that feature one or more aspects that make them more difficult than normal cases, such as a large number of deponents, a narrow time frame within which to be brought to court, or the presence of voluminous and/or difficult to understand material. When entities seek analysis services through reporting agencies, they can receive the aid of complex litigation specialists that will perform reviews at a client location or one of the reporting agency's reviewing centers.

In addition to making sense economically, retaining document analysis through a court reporter agency is also beneficial due to the other services that an agency offers, which could prove beneficial to their clients in the future, such as temporary legal staff placement, various reporting technologies, deposition services, legal software training, case management, and video services, to name a few. To learn more about how an agency's services could improve your file and report analysis, call a nationwide reporting agency and discuss your current and anticipated legal support needs today.




In my research on the ideal legal document review center, I've found that the National Network of Document Review Centers sets the standard.