July 19th, 2009 at 04:37pm
Under Environmental Law
Obama & Alternative Energy Sources
It will take several years to approve and fully implement comprehensive new alternative energy policies, however the Obama administration promises a new era of energy and environment policy for the United States. Obama expressed his intention to shift the U.S. away from petroleum as its primary energy source and towards alternative renewable energy sources, advanced biofuels and efficient, low greenhouse-gas-emitting technologies. The key policy initiatives involve caps on emissions such as carbon dioxide and auctioning of greenhouse gas credits to motivate a fundamental shift from high emitting industries to low-carbon energy alternatives. Obama has stated that the policy would be broader than any other cap and trade system proposed or in place to date in the world. In order to implement the policy, renewable energy, natural gas, plug-in hybrid vehicles and advanced electricity transmission are expected to receive substantial incentives. Obama has proposed drawing upon $150 billion from the emissions auction to finance low-carbon alternatives over the next several years.Oil Companies, Windfall Profits Tax & Offshore Drilling The process of reducing emissions would start by targeting the fossil fuel industry. Oil companies are concerned about policies such as windfall profits taxes. Oil industry proponents state that oil companies need to gain access to areas closer to the coastline. Obama has already altered his policy regarding offshore oil and gas drilling in the Outer Continental Shelf due to the recent spike in oil and gas prices. However, Obama has stated that he disfavors extensive new domestic petroleum drilling. The Democratic-led Congress could reinstate portions of the moratorium on offshore drilling that expired in September 2008. To the extent that oil prices have dropped recently, there may be less political opposition to imposing new restrictions.Renewable Energy InitiativePresident Obama Alternative Renewable Fuels It is likely that greenhouse gas-climate change legislation will be introduced in the near term. A renewable energy initiative will be central to reduce human impact on global warming. The president elect has stated goals of reductions of 25% by 2025 and 10% reduction in the near term. Renewable Portfolio Standards (RPS) are state policies requiring an individual state to generate a percent of its electricity from renewable sources. Each state has a choice of how to fulfill this mandate using a combination of renewable energy sources such as wind, solar, biomass, geothermal or other renewable sources. Some RPS specify the technology combination, whereas others permit the market to drive the choices. This is preferable because each state has different renewable resources. For instance, Arizona has substantial solar resources compared to many other states and North Dakota has greater wind resources than many other states. Several wind turbine companies have sought a federal renewable portfolio standard. These wind turbine manufacturers and solar firms will benefit substantially under a renewable portfolio standard. Democratic leaders have stated that incentives to the renewable industry will generate substantial business and employment to help the U.S. recover from its current economic crisis. In the long term, the federal government will spend federal money to pay for carbon capture and sequestration technology.Coal Industry and Clean Coal The coal-fired power generators are the largest greenhouse gas emitters. The investment climate will be much more difficult under stricter environmental regulations. The coal industry is concerned that the focus on stringent greenhouse gas laws will severely curtail their industry. The fear is that the climate change policy would destroy the U.S. coal industry that has been a pillar of energy generation for many years. The cap and trade legislation will motivate carbon capture and sequestration for coal-fired power plants. There is a basic risk that, absent such technology, new construction of traditional coal-fired power plants would not be possible. One critical problem is that long term predictions about submarine or underground sequestration or storage tightness are difficult and uncertain. The CO2 could leak from the storage and ultimately appear in the atmosphere. Clean coal is an umbrella term used in the promotion of the use of coal as an energy source by focusing upon new methods to reduce its environmental impact. These efforts include chemically washing minerals and impurities from the coal, gasification, treating the flue gases with steam to remove sulfur dioxide and carbon capture technologies to capture the carbon dioxide from the flue gas. These methods and the technology used are described as clean coal technology. The coal industry and its supporters use the term clean coal to describe technologies designed to enhance the efficiency and the environmental tolerability of coal extraction, preparation and use, with no specific limits on any emissions, particularly carbon dioxide. Some experts have estimated that commercial-scale clean-coal power stations (coal-burning power stations with carbon capture and sequestration) will not be commercially viable and widely adopted before 2020 or 2025. This time frame is of great concern to environmentalists because there is an urgent need to mitigate greenhouse gas emissions and climate change. A fundamental question is how the federal government will move the U.S. from petroleum and coal use without slowing the economy. Although Obama has mentioned that the transition to a low carbon economy will create up to 5 million jobs, he has not offered details. Low carbon energy will in all likelihood increase manufacturing, transportation, and material costs because of higher energy prices and place U.S. goods and services at a competitive disadvantage compared to economies that lack these emission standards, including China, India, Russia and South American and Middle Eastern countries. Moreover, it appears unlikely that our government has the capacity to enact expensive climate change policies during this period of severe economic downturn and the need to focus on recovery from the U.S. recession.Next Generation Fuels To the extent that oil and coal industries will have a reduced portion of energy production, it is anticipated that a combination of biofuels, natural gas and nuclear industries could experience rapid growth. In the biofuels segment, next-generation fuels such as cellulose and algae-based ethanol and biodiesel will be advanced under the new energy and environment policies.
One Biosphere http://www.onebiosphere.com
One Biosphere is an alliance of people and organizations who are united to preserve the quality of our American and the global environment through our forum and publications, education, advocacy, research and communications among our members and partners.
By Law Article
July 19th, 2009 at 04:19pm
Under Entertainment Law
As mentioned by Bob Proctor on the “Secret” DVD, there is an unlimited amount of wealth we can attract toward us. However, this comes with a precise way of attracting this – a definite method. Troward outlines this method below…
(Excerpted from “Secrets to the _Law of Attraction_” and “The Complete Thomas Troward Collection”)
IT is quite a mistake to suppose that we must restrict and stint ourselves in order to develop greater power or usefulness. This is to form the conception of the Divine Power as so limited that the best use we can make of it is by a policy of self-starvation, whether material or mental. Of course, if we believe that some form of self-starvation is necessary to our producing good work, then so long as we entertain this belief the fact actually is so for us. “Whatsoever is not of faith”–that is, not in accordance with our honest belief–”is sin”; and by acting contrary to what we really believe we bring in a suggestion of opposition to the Divine Spirit, which must necessarily paralyze our efforts, and surround us with a murky atmosphere of distrust and want of joy.
But all this exists in, and is produced by, our belief; and when we come to examine the grounds of this belief we shall find that it rests upon an entire misapprehension of the nature of our own power. If we clearly realize that the creative power in ourselves is unlimited, then there is no reason for limiting the extent to which we may enjoy what we can create by means of it. Where we are drawing from the infinite we need never be afraid of taking more than our share. That is not where the danger lies. The danger is in not sufficiently realizing our own richness, and in looking upon the externalized products of our creative power as being the true riches instead of the creative power of spirit itself.
If we avoid this error, there is no need to limit ourselves in taking what we will from the infinite storehouse: “All things are yours.” And the way to avoid this error is by realizing that the true wealth is in identifying ourselves with the spirit of opulence. We must be opulent in our thought. Do not “think money,” as such, for it is only one means of opulence; but think opulence, that is, largely, generously, liberally, and you will find that the means of realizing this thought will flow to you from all quarters, whether as money or as a hundred other things not to be reckoned in cash.
We must not make ourselves dependent on any particular form of wealth, or insist on its coming to us through some particular channel–that is at once to impose a limitation, and to shut out other forms of wealth and to close other channels; but we must enter into the spirit of it. Now the spirit is Life, and throughout the universe Life ultimately consists in circulation, whether within the physical body of the individual or on the scale of the entire solar system; and circulation means a continual flowing around, and the spirit of opulence is no exception to this universal law of all life.
When once this principle becomes clear to us we shall see that our attention should be directed rather to the giving than the receiving. We must look upon ourselves, not as misers’ chests to be kept locked for our own benefit, but as centers of distribution; and the better we fulfill our function as such centers the greater will be the corresponding inflow. If we choke the outlet the current must slacken, and a full and free flow can be obtained only by keeping it open. The spirit of opulence–the opulent mode of thought, that is–consists in cultivating the feeling that we possess all sorts of riches which we can bestow upon others, and which we can bestow liberally because by this very action we open the way for still greater supplies to flow in. But you say, “I am short of money, I hardly know how to pay for necessaries. What have I to give?”
The answer is that we must always start from the point where we are; and if your wealth at the present moment is not abundant on the material plane, you need not trouble to start on that plane. There are other sorts of wealth, still more valuable, on the spiritual and intellectual planes, which you can give; and you can start from this point and practice the spirit of opulence, even though your balance at the bank may be nil. And then the universal _Law of Attraction_ will begin to assert itself. You will riot only begin to experience an inflow on the spiritual and intellectual planes, but it will extend itself to the material plane also.
If you have realized the spirit of opulence you cannot help drawing to yourself material good, as well as that higher wealth which is not to be measured by a money standard; and because you truly understand the spirit of opulence you will neither affect to despise this form of good, nor will you attribute to it a value that does not belong to it; but you will co-ordinate it with your other more interior forms of wealth so as to make it the material instrument in smoothing the way for their more perfect expression. Used thus, with understanding of the relation which it bears to spiritual and intellectual wealth, material wealth becomes one with them, and is no more to be shunned and feared than it is to be sought for its own sake.
It is not money, but the love of money, that is the root of evil; and the spirit of opulence is precisely the attitude of mind which is furthest removed from the love of money for its own sake. It does not believe in money. What it does believe in is the generous feeling which is the intuitive recognition of the great law of circulation, which does not in any undertaking make its first question, How much am I going to get by it? but, How much am I going to do by it? And making this the first question, the getting will flow in with a generous profusion, and with a spontaneousness and rightness of direction that are absent when our first thought is of receiving only.
We are not called upon to give what we have not yet got and to run into debt; but we are to give liberally of what we have, with the knowledge that by so doing we are setting the law of circulation to work, and as this law brings us greater and greater inflows of every kind of good, so our out-giving will increase, not by depriving ourselves of any expansion of our own life that we may desire, but by finding that every expansion makes us the more powerful instruments for expanding the life of others. “Live and let live” is the motto of the true opulence.
By Law Article
July 19th, 2009 at 04:10pm
Under Elder Law
You and your family searched for the best care center for your elderly parent. You asked all the right questions and checked the facility’s credibility and reputation. You saw it for yourself and talked to other residents. You did all the right things; but how do you know for sure that your loved one is being treated with the care and dignity they deserve?
The good news is most care facilities and their staff operates with the utmost of morals. They treat their patients as they would their own parents. There are instances, however, where elder abuse is taking place and their loved ones are completely in the dark as to what is going on.
So, how can you spot elder abuse and neglect? There are several signs to watch for, and these should be noted each time you visit your elder:
untreated bed sores – this could be a sign that they are left in bed all day and not being cared for properly
dirty and unbathed – if they need help bathing, this could mean your loved one is being neglected
Soiled bed sheets and clothes – are they being left in their own filth?
Unexplained weight loss – this is a sign they are not being fed on a regular basis.
Your elder may show signs of dementia which could actually be signs of abuse: mumbling to themselves, rocking, etc.
There are also signs of physical abuse that are easier to spot than neglect or emotional abuse:
unexplained broken bones, fractures or sprains
broken eyeglasses
bruises
restrain marks on their arms or wrists
Many victims of abuse will not come forward and reveal that they are being abused. There are many reasons for this. Some victims feel ashamed, some are afraid of further retaliation by their abuser, and some are afraid they will not be believed.
If you suspect that your loved one is being abused, get help immediately. Take them to their medical doctor and have them thoroughly examined. If their doctor confirms that abuse has taken place, call the police and file a formal complaint. Call the facility as well and let them know that your loved one is being abused. It is possible that the administrators are not aware of what has been going on, or that it is only one particular person that has been an abuser.
You will also want to hire an attorney that specializes in elder abuse. They will look at the facts of the case and fight for your elder’s rights. They will call in expert witnesses like their doctor to confirm that abuse has taken place, and financial compensation may be awarded.
Most importantly, your elderly loved one will be taken out of the abusive situation and taken care of properly with dignity and grace. Elder abuse is a despicable crime, and those abusers should be held accountable to the fullest extent of the law. A knowledgeable and skilled attorney will make sure that happens.
By Law Article
July 19th, 2009 at 04:09pm
Under Education Law
Business owners and entrepreneurs often tap into the law of reciprocity without knowing it.
They’re inherently pre-programmed to participate in the worldwide truth of give and receive. While there are those out there in this world who take take take, the vast majority of us swing to the other side of the scale and give give give.
Ever heard the quote – it’s better to give than receive?
Sure you have! Not sure if it’s true because invariably when you give you do receive – it’s the law of reciprocity.
Whether you give time, knowledge, money or even tangible things – you get it back tenfold.
Let’s take a look at this law in action!
Influence and Reciprocity
If you’ve been in business for any length of time or even if you’ve just begun to research business models and strategies you’ve likely come across Dr Robert Cialdini and his laws of persuasion and influence.
They are, in no particular order,
- Commitment and Consistency – If people commit, to an idea or goal, they are more likely to honor that commitment. This is used often in sales. A sales person gets the potential customer to agree to a few ideas and thus sets the tone for the sale.
- Social Proof - People will do things that they see other people are doing. The bandwagon mentality. If other people are doing it then there must be some value or benefit to it.
- Authority – People will tend to obey authority figures. Establish credibility and authority and people will be more likely to buy from you.
- Likeability - People are easily persuaded by other people that they like.
- Scarcity – Perceived scarcity will generate demand. Buy now only 10 left – enough said!
- Reciprocity – People tend to return a favor. This is often used in internet marketing by giving people lots of good content. We’re talking books, reports, even products or at least trial versions of products.
The law of reciprocity at its most basic level tells us that if we give our prospects and customers something, whether it is a free product or service, excellent customer service, or even something as basic as tons of valuable information on a website or blog, then they will return the favor and make a purchase. It’s a law that many business owners and entrepreneurs tap into without realizing it. They do it unconsciously.
Networking and Reciprocity
That being said, the law of reciprocity doesn’t stop there. It extends to your community – both your personal community and your professional community.
When you participate in your local community, whether it is through your church, through your child’s school, your local community education program, local team sports, your home owner’s association, the homeless shelter, your community’s cultural events and so on, you’re volunteering your time. You’re sharing your knowledge and experience with those who can most benefit from it.
For example if you own a business teaching copywriting strategies you can give back to the community by teaching free marketing writing courses through your local community education program or free university. You can assist at the junior high or high school and help during writing labs or workshops.
So how does the law of reciprocity work if you’re volunteering your time in your community?
It just does. Not very scientific, right? Well the truth of the matter is that when you’re out and about meeting people and sharing your knowledge and experience you meet people who need your knowledge and experience and are willing to pay for it. You meet people who are interested in your products and services and you meet people who present valuable business building opportunities.
It’s basic networking without the focus being about your or your business. In fact, in my experience if you go out to help others with the idea that you’re going to get something back monetarily – it doesn’t work. Instead, go out and help others, give back to your community and enjoy the feel good rewards you receive. The wealth will follow naturally.
The same holds true if when you are networking professionally. However instead of shaking hands and kissing babies with the hope that these same folks will come knocking at your metaphorical door (unless you own a brick and mortar business then it’s not so metaphorical?) connect with fellow business owners and entrepreneurs in an effort to education and to learn. Networking by and large is about sharing knowledge and helping each other become better.
When you network professionally the more charitable your approach the more you will receive. In today’s competitive marketplace the ones who survive long term are transparent and authentic.
The Universal Law of Reciprocity
The universal law of reciprocity pulls us out of our day to day actions, our day to day giving and receiving and puts it in the hands of whatever you believe is out there affecting your life – God, The Universe, an energetic force – it doesn’t really matter because the law is the same. When you give, you receive.
It isn’t a matter of faith. You don’t even have to believe in this law for it to be true. In fact if you go into the world giving and expecting something back then it’s just not going to be as effective. If you look at each good deed you do as a money in the bank – we’ll you’re taking all the fun out of it. Instead, rest assured with the knowledge that every time you give you will receive.
Seriously. This isn’t some new fangled spiritual, hippy, approach to wealth. People have embraced and prospered with this knowledge for centuries.
So how can you use the law of reciprocity to prosper?
Become conscious of it. Know that it is an influential factor in sales. When you give away value, people are inclined to reciprocate. That means integrate it into your sales and marketing strategy and tactics. Use the law of reciprocity to influence your customers and prospects.
Network. Get out and get involved both in your personal life and in your professional life. The people that you meet are wide open doors of opportunity. Greet them as such and be an opportunity for them. The wealth you will receive both personal and tangible – we’re talking about both the joy of giving as well as the joy of the monetary benefits you will receive, will astound you.
Finally, simply accept that the law of reciprocity works. Don’t force it. Enjoy it. Sit back from time to time and ask yourself – Am I giving enough? Take stock in the opportunities that have come your way simply by giving. And then make a plan to give more.
The law of reciprocity is always in motion. Don’t let it slip between your fingers – use it to generate the great wealth you deserve.
Jeremy Gislason, owner of SureFireWealth Inc, the publisher of the self improvement series at
http://www.mindmaptoriches.com certainly has the right mindset to be teaching others. A great
Self Help Book “Mindmap to Riches” series can change the course of one’s life.
By Law Article
July 19th, 2009 at 03:02pm
Under DUI Law
You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (http://www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.
D Ruplinger is a featured writer for
DUI Lawyers. Visit the web site for more information about
DUI Defense and DUI statistics.
By Law Article
July 19th, 2009 at 03:02pm
Under Drunk Driving Law
There are two different types of charges for drunk driving cases in the state of Maryland. They are based on the amount you have had to drink and they vary in severity of consequences.
You will be charged with driving under the influence (DUI) if your blood alcohol level (BAC) is .08 or greater. You will be charged with driving while impaired (DWI) if your BAC is at a level of .07.
When the police suspect you have been drinking, they will ask you to perform a field sobriety test to assess your reaction time, coordination, and reflexes. During this test, they will also evaluate you for other signs of intoxication, including:
· Slurred speech
· Watery eyes
· Scent of alcohol on breath
You will also be given a breathalyzer test to verify your BAC. Refusal to take a breath test comes with severe consequences. Your driver’s license will be suspended for a mandatory 120 day period, and your refusal to submit to the test will be used against you in court as an admission of guilt.
Consequences
In Maryland, the consequences for DUI and DWI vary in degree. For a DUI conviction, you will receive:
· Maximum $1,000 fine
· Up to one year in jail
· 45 day suspension of your license
· 12 points on your license
For a DWI conviction, you will receive:
· Maximum $500 fine
· Up to 60 days in jail
· Maximum 60 day suspension of your license
· 8 points on your driver’s license
Your insurance company will most likely take one of two actions when they are notified of your conviction. They will either drastically raise your rates or they will cancel your policy.
You Don’t Have to Lose Your License
The state of Maryland offers you a chance to appeal the suspension of your driver’s license. However, the police rarely inform you of this right and time is of the essence when appealing your suspension.
You have ten days to ask for a hearing with the Motor Vehicle Administration. Hiring an experienced DUI attorney will greatly help you at this hearing. It is not advisable to defend yourself. If you don’t file for your hearing within the allotted ten day time frame, your license will automatically be suspended.
Other Implications of your DUI
Your DUI conviction can affect your entire life. Your conviction will stay on your record for the rest of your life. Depending on your occupation, you may have trouble with employment. If you work in education, government, or medicine, you may lose your job. Furthermore, your DUI could prevent you from getting hired in these fields at a later date.
The best way to minimize the damage done by a DUI is to hire an attorney to represent you. Lawyers who specialize in DUI cases will know how to pick apart the evidence against you to help reduce your sentence. Considering the widespread impact on your life, you can’t afford to pass up this assistance.
By Law Article
July 19th, 2009 at 03:01pm
Under Divorce Law
Lots of complicated things come up with divorce case of marital partners. You can see such partners go through emotional stress and the lives of their children are also in risk. Many changes occur in certain time. So in order to settle the things Tacoma Divorce Lawyer instruct the clients what to do in the present situation. In such time temporary court orders are sanctioned and with this make an entrance for the lawyers to draft orders that unable the parties to draw money from the bank accounts and canceling insurance policies until the orders have been finalized for both the parties. Such issues takes much time for settlement and it can draw up to one year or more. The lawyers or Divorce Attorney Tacoma is well experienced in family law which includes divorce, marriage, child custody, property and maintenance.
Washington State Divorce Laws are increasing day by day. The domestic violence needs more experienced lawyers to handle it for protecting the clients from loses. There are certain laws included only to protect the domestic violence victims as per their need. The prosecution must include and give chance of a full hearing to the respondent within legally sanctioned time to respond to the allegations. A person can ask for issuing an order for protection and it is possible and with the help of your divorce attorney you can settle the things well in advance. After divorce the consequent results like property distribution, child custody, maintenance, etc can also be solved by your same divorce lawyer.
Your lawyer will make you understand about Washington state divorce laws which includes all types of solutions regarding residency, distribution of property, documents required for filing divorce, child support, child custody, alimony, etc. It is necessary have a complete residency certificate to file a case in Washington DC. And the partners must complete at least six months stay in Washington DC to file a divorce case. In case failure of showing such proves, the case may be dismissed or it will not be accepted for hearing. So please do make certain things clear when you are going to file a divorce case.
Tacoma Divorce Lawyer handling divorce and family law cases throughout Tacoma and the surrounding areas. Divorce Attorney Tacoma experienced in Washington State Divorce Laws to handle the most difficult cases.
By Law Article
July 19th, 2009 at 03:01pm
Under Uncategorized
Last week, Harriet Harman announced new equality laws to tackle widespread discrimination. Under these new plans, age discrimination would be removed from all aspects of society, and further changes would be made to prevent workplaces from discriminating against minorities. There is also room for ‘positive action’ that allows business to hire women or minorities without fear of legal action if the candidates are equal in terms of ability.
But how do these changes to the equality law differ from how we act now?
What is actually so different?
The main points of the proposed bill are that:
- Business will be allowed to discriminate in favour of ethnicities and genders underrepresented in their place of work if interview candidates were of equal ability.
- Clauses in contracts that prevent staff discussing their wages with colleagues will be scrapped.
- Age discrimination laws will be widened to encompass the world outside the workplace.
There are also proposals on the table to make public bodies publish the pay gap within their organizations.
Why is the new system being introduced?
The new discrimination laws are being proposed in order to make a more balanced workforce in Britain, hence employers will be able to discriminate in favour of one group ahead of another given two equally matched candidates to diversify their work environment (contrary to tabloid implication, this actually works both ways, and a predominantly female office would be allowed to discriminate in favour of a male candidate).
The section affecting the wages of companies is being included to try and reduce the massive pay gap between men and women on business contracts. Although the gap has narrowed in recent years according to official figures, on average women still only earn 87p for every £1 that men earn. One of the statistics that Harriet Harman has used is that female part-time workers earn up to 40% less than their full time male counterparts. By making companies more open about their wage structures, it is hoped that the gap will close naturally.
Finally, the laws affecting age are aimed at tackling the discrimination people feel based on their age in their daily lives.
Isn’t discriminating against age already illegal?
While workplace age discrimination has been legislated against since 2006, the proposed new equality laws are intended to tackle wider forms of ageism. This is planned to tackle the often costly discrimination that pensioners face in their daily life, from high insurance premiums to doctors putting illnesses down to their age and refusing treatment.
What are the main caveats of the new law?
The important things to bear in mind when thinking on the prospective changes are:
- Firms may be forced to publish pay rates
- Positive action is only an option in interviews where candidates are equally matched and will not be compulsory in any event.
- Some areas will likely be exempt from the age discrimination laws, such as free bus passes for the elderly and holidays for the over 50s and 18-30s.
Given the uproar that’s been made against the positive action section of the bill, it’s not guaranteed that every part of the bill will ever become law. Even if it does become law, it’s almost impossible to put a stop of workplace discrimination, because you can’t know with any certainty what an employer’s reason for passing over a candidate is. For most of us, this legislation will mean very little to our business contracts, and we can carry on picking the best candidate for the job regardless of gender, ethnicity, sexuality or age.
By Law Article
July 19th, 2009 at 03:00pm
Under Disability Law
Disabled lifts are an essential piece of equipment for wheelchair users that need access to floors that are above ground level. Disabled lifts have the ability to revolutionise the lives of disabled people as they offer a new lease of independence to people that are unable to climb stairs. The government have acted quickly to make access to buildings much better for disabled people. Wheelchair users are entitled to access to all public buildings and workplaces. Compared to twenty years ago the accessibility is infinitely better than it was.
Wheelchairs
Wheelchairs have been around since the 1960s. The first wheelchair is said to have been used in England and the technology that is used in a wheelchair is said to have derived from renaissance Germany. People use wheelchairs if they have difficulty walking. This can be as a result of physical or mental injuries or disabilities.
Wheelchairs come in two general categories. They are either motorised or manual use. Manual use wheelchairs require the wheelchair user to propel themselves along by manually turning the wheel. Motorised wheelchairs utilise electric mechanisms that are controlled by a joystick so that the person in the wheelchair does not need a great amount of force to move their wheelchair along.
The primary design feature of a wheelchair is the size difference between the front and rear wheels. Typically the rear wheels are extremely large. This makes them capable of dissipating minimal force from the user for maximum output. The wheelchair is usually stabilised by two tiny front wheels that usually act to balance the chair. This means that the skilled user of a manual wheelchair can often perform a wheelie. As well as being impressive this means that the wheelchair user can often climb stairs on their own.
Disabled Access
For people that use wheelchairs the future is positive as governments and institutions make a concerted effort to improve access to their buildings. New laws have been implemented that require new buildings to provide access for disabled users. Parliament passed a law in 1999 that gave requirements that need to be met in multifamily buildings which have more than four units. The legislation covers seven main requirements that lay out what is required of the building. Firstly the building must have an entrance that is accessible for disabled users. Common and public areas must have access for all people and wheelchair users must have complete access through the doors of the building.
It must also be possible that disabled people can have free access throughout the dwelling. The law states that lights, thermostats, environmental controls and electrical outlets must be accessible to all people. According to this legislation the walls of the building must be reinforced so that support bars or grab bars can be installed into the property for people that need them. The law also says that the bathrooms and kitchens must be useable by disabled people.
In America the disability rights movement has worked hard to promote equal access to facilities for people with disabilities. This means that people should have both physical access as well as access to the same tools, services and organisations as people without disabilities.
Shaun Parker investigates the various needs and requirements of people living life with a disability or loss of mobility due to illness, injury or old age. If you need <a href="
http://www.axess2.co.uk/” rel=”nofollow”>disabled lifts then visit
http://www.axess2.co.uk/
By Law Article
July 19th, 2009 at 02:57pm
Under Consumer Law
Janette Rinkenberger is a paralegal in the pre-litigation department of Brennan, Wiener & Associates, APC. She has successfully settled numerous Lemon car cases without the necessity of filing a lawsuit. Below she offers some pointers to readers who may need assistance, to get them headed in the right direction. Sidebar is the consumer rights and consumer protection newsletter published by Brennan, Wiener & Associates, which conducted this interview.
Sidebar: Is it possible for consumers to get their rights taken care of under the Lemon Law without having to file a lawsuit?
JR: Yes it is, and it doesn’t have to take forever. I see successful pre-litigation settlements happening every week at our office.
Sidebar: What does pre-litigation mean? Can a consumer get Brennan, Wiener & Associates to take a pre-litigation case on contingency? What is a pre-litigation settlement? What are the advantages to signing up on a pre-litigation basis?
JR: Pre-litigation means that you try to reach an agreement with the manufacturer or dealer without having to file a lawsuit. At Brennan, Wiener & Associates, we handle all of our pre-litigation cases on a contingency basis. A pre-litigation settlement is an agreement between you and the manufacturer or dealer in which you will be compensated for your damages in return for a release of all claims. Once a pre-litigation settlement has been reached, a document is drafted which spells out the terms of the agreement.
Some advantages of signing up pre-litigation are 1) that you might get a settlement much sooner; 2) you might be able to avoid the hassles of litigation; and 3) if you have a strong case and the other side refuses to come to an agreement with you, then we might be able to initiate a lawsuit and show that you tried to work out an agreement with the other side without having to litigate.
Sidebar: What do you recommend consumers do when they have repeated problems with their vehicles, but the manufacturers don’t seem to care or listen?
JR: Call our office and provide us with the basic information about your situation. Make sure you get all of your repair orders together. If you purchased a used car that is still under the manufacturer’s warranty, make sure you get a warranty repair history from the dealer’s service department. Continue making your monthly payments. If the car is not safe to drive, park it. Stay in communication with our office for any updates and to answer any questions. I will need the finance information in order to draft a demand letter. We review all of our cases free of charge and always advise the clients if we think we can help them.
Sidebar: What step should a consumer first take who wants to sign up with your law firm and try to get a pre-litigation settlement?
JR: Send all your documents to our office so that we can review them.
Sidebar: What can a consumer expect to get from a pre-litigation settlement?
JR: We would typically ask for reimbursement of the down payment, the total monthly payments you have made to date, loan pay-off, registration fees, rental expenses, and other incidental expenses that may apply in your case, as well as attorney fees. The other side may offer all or part of the above, in which case we would need to discuss with you how to proceed. We would typically negotiate with the other side in an attempt to reach an agreeable settlement. We cannot promise anything, as it is ultimately up to the manufacturer or dealer as to whether or not they will reimburse you, pre-litigation, for your losses. However, we do have many satisfied clients who wind up getting all, or close to all, of what they were entitled to.
Sidebar: What if the other side agrees to repurchase the Lemon vehicle? What happens next?
JR: At that point we would have to schedule a vehicle turn-in, usually done at the dealership where you purchased the vehicle. Before you turn in the vehicle, make sure it doesn’t have any damage beyond normal wear and tear. If it does, you need to have it repaired or the manufacturer will deduct the cost of repair from your settlement amount. It is also advised that you get your car washed and take your personal belongings out of the car ahead of time. Make sure you bring both sets of keys and the owner’s manual to the turn-in. At the turn in you will need to sign some documents transferring ownership over to the other party.
By Law Article