Saturday, February 28, 2009

Accident Lawyer in New York Assess the Winter Conditions.

Global warming, going green, and the economic crisis has affected many Americans to take measures in order to save money and help out the planet. Since this past spring and summer has had such high prices more people than ever were carpooling, taking the bus, and using hybrid cars. However now that gas prices have sunk so low, people are taking to the streets again. Its hard to say what gas prices will do, but if they stay this low people are going to go back to their old ways of driving gas guzzlers and driving all over the place. Now that gas prices are in fact lower people are going to start driving more often and flying less. The economic crisis has taken a toll on the airline industry, which has caused tickets to increase meaning that even more people will be out on the road this winter season. An accident lawyer in New York has assessed the winter conditions that have caused so many auto accidents to occur. Many of these accidents are due to drivers driving at high speeds and not paying attention to the winter conditions. These driving practices are very dangerous which cause auto accidents to occur and people to get injured. An Accident lawyer in New York has the ability to assess the situation and determine the proper steps needed to gain justice for the victim.

Another factor aiding to auto accidents during the winter and holiday seasons is drinking and driving. During the holidays a lot of people partake in holiday parties, which commonly involved drinking. The holidays are known for drinking and they are also known for many DUI’s to occur. If you don’t have a designated driver, it is not safe nor legal to drive after you have been under the influence of alcohol. Alcohol lowers your inhibitions and your reaction time thus making it very dangerous to drive when under the influence. Many auto accidents occur from people driving while intoxicated and often cause significant injuries and harm to both vehicles. It is imperative that you have a designated driver when you are planning to drink over the holidays. Drunk drivers account for a large percentage of death per year making it one of the most common accounts of death in the United States.

If you or a loved one has been hurt in an auto accident, contact an accident lawyer in New York as soon as possible. An accident lawyer New York will be able to determine what the cause of the accident was, who was responsible, and what they can do to help your case become successful. Auto accidents during the winter and holiday season are more common than ever so it pays to practice safe driving. Whether you are a new or experienced driver, it never hurts to take a refresher course in winter diving. Outfit yourself with the best possible skills available so you will be less likely to be involved in an auto accident.



By: Paul Justice

Thursday, February 26, 2009

A Truck Accident Lawyer Will Stand By Your Case.

Trucking is the number one preferred choice for moving freight within the United States of America. The American Trucking Association reports that over nine billion tons of freight is hauled via major highways and interstates each year. Because of this increase in business for the trucking industry, it is reported that a tractor trailer accident occurs every 16 minutes. If you have had the misfortune of experiencing an accident that involves a tractor trailer, your next step would be to contact a truck accident lawyer.

You will want someone who will stand by you in these moments of grief and confusion. A good lawyer's first priority is to be your piece of mind in your harrowing experience. They should be committed to helping you reassemble your life, after an accident of this magnitude can completely change it. An experienced truck accident lawyer will help you, by determining what kind of compensation may be rewarded to you due to injuries sustained from the accident.

Lawyers should devote all of their resources and expertise to ensure that an accurate report has been filed. They do this by obtaining the accident report and making sure that the report accurately reflects what happened in the accident. Your lawyer will also contact witnesses and speak directly with the officers at the scene of the accident. A good truck accident lawyer will look into every detail, big or small, that was a contributing factor to the accident.

Obtaining information from truck companies regarding the background and qualifications of the truck driver in question is something that a truck accident lawyer will look into. By law, trucking companies follow strict guidelines before allowing a driver to operate these potentially dangerous vehicles. A lawyer knows what these laws are and might be able pick up something in a history report. Knowing these things can sometimes be an advantage in an impending case against a truck company.

Filing an injury lawsuit is a serious action to take against a trucking company. They are usually a large company with a lot at stake, and will bring with them a highly skilled legal team. Prior to ever filing any injury lawsuit, the client needs to be sure of all the facts regarding to the case. They must also find a truck injury lawyer they feel is sufficient to go up against a legal team that specializes in these types of cases. The more confidence the victim has in the truck injury lawyer, the less emotional stress the claimant is likely to experience.

If you have been injured in an accident with a tractor trailer, big rig, 18-wheeler, or semi, a truck accident lawyer can provide help to you when you need it the most. Do not provide a statement to the trucking company or its insurance representatives until you have spoken with a lawyer first. Protect your right to recover compensation for your injuries, talk with an experienced lawyer that specializes in accidents that involve tractor trailers.



By: Nick Johnson

Tuesday, February 24, 2009

A Shaky Economy Magnifies the Need for Having a Good New York Construction Accident Lawyer

It’s unknown to your average American, but the rate of construction accidents in this country, and in New York especially, are somewhat frightening. The United States Department of Labor’s Bureau of Labor Statistics has published several studies regarding construction accidents over the last several years. The year 2003, one of the last years where statistics on construction accidents were available, presented the dispiriting facts that one of out every 10 construction workers suffered an injury in a construction accident. The statistics for New York construction accidents were little different. But what’s worse about New York is that the population density is so high. In such a state, the risk is magnified because commuters and passersby, not to mention construction workers themselves, are in particular risk as well. This means that the need for good, solid, experienced New York construction accident lawyers are magnified.

Digging into the statistics we can see that even though one of out ten New York construction workers may be involved in accidents each year, not all injuries are created equally. Thankfully most injuries are minor and may not result in any medical bills or missed work from the construction site. Those accidents that are a little more serious may be covered by the workman’s compensation that every construction company is required to its workers. Even in these minor cases, knowing good construction accident lawyers is a necessity to make sure that the company is offering everything that the victim is entitled to. Still, the statistics show that there are many accidents each year in New York that are more serious and may not be fully covered by workman’s compensation. This may result in missed work and additional medical bills. The workman’s compensation process is slow and this shows the need for having good experienced lawyers familiar with the New York construction industry. After all, the victim’s medical bills are piling up and the accident may require missed work. The damage from these delays are manifested in New York, one of the most expensive areas to live in the United States.

But having good construction accident lawyers becomes even more necessary in a bad economy, such as the one that is hitting the United States, and particularly New York, hard right now. The real estate market has slowed to a crawl and that means that construction companies are doing less business and are more prone to fighting any potential liability from a construction accident as hard as possible. This means that the construction company and their insurance company is going to fight the victim’s claim as hard as possible and battle for every penny. Having the best lawyers on the victim’s side can mean the difference between a pittance of a settlement and one that will allow the average person to cover their expenses from missed work and their injuries and still get back to work. Construction companies are like any other business; they are ready to fight for every last penny and because they are well-financed it is a given that their lawyers will be the best in the world.



By: Paul Justice

Sunday, February 22, 2009

Online Campaigns

Where in the world can a person check their mail, pay bills, check bank balances, book a vacation, and show support for their favorite political candidate all in the same place? Simple - online of course. Candidates and politicians are looking to cash in on the most impact for their time and what better way to become a part of that powerful trend than welcoming cyber space into their lives? Who knew that a craze that started a few short years ago with social websites such as MySpace.com would turn into a tool to be used so heavily in campaigns?

Barack Obama has enjoyed adding 100,000 friends to his MySpace page, and other campaigns are even adding other MySpace pages as well as joining into the Second Life craze that has struck recently, with many people looking to expand the internet as one of their major sources of advertisement. Each candidate has their own website of course, with a great amount of information on their individual views, their position on the issues, and what they wish to see happen in the country. Never before has the democratic process reached so close to home, now pulling in a new generation of voters to guide the future of the country.

Is this a good idea? Should candidates really be losing that personal and physical touch? However, this is actually one of the most prevalent ways to get information out recently, with websites popping up everywhere where political opinions can be viewed, and with sites such as digg.com becoming popular it enables sites with good content that is full of information people find fascinating or helpful to rise to the top, and help spread the word to the masses.

Seems almost like a grass roots type campaign. Yet it does not involve any physical interaction from the candidates. This is the ultimate tool that can be used to spread the word quickly about progress and updates in their campaign without ever leaving their house or office and interacting with those they so desperately need votes from. This seems to be a bit of a strange position to be taking, but with the internet reaching so wide and far, it is a tool that many politicians are utilizing, and to great practical effect.

Many are even recruiting volunteers to manage their spaces in Second Life as well as MySpace so that their time is better spent and their ability to reach even more people is extended further. Seems almost strange that volunteers are now able to help on campaigns that they never would have been able to work on before, but thanks to the internet, they are able to show support for their favorite candidate in a way never before seen.

How much further can this really go, with the possibility of the internet growing into an even larger portion of the campaign, it is very much possible to keep track of all the happenings and events in almost every political campaign and race without ever leaving the comfort of your home. Whether this engages the ordinary citizen on a more direct level will remain to be seen, and the outcome this will have on the voter demographic at the next election will surely be profound. Now if only the election voting could be handled online, securely it would truly be a virtual world...

Saturday, February 21, 2009

No Child Left Behind

What exactly does No Child Left Behind really mean? Does that mean that a school bus driver agrees not to leave my child at school, or does it have a deeper meaning for parents to look into? What it really means, is that schools are forced to link the money they receive from the federal government in direct connection to how well students perform academically. Looking at the sheer facts of life, schools must have money in order to educate students.

Yet with the need for money in the schools rising steadily there needed to be a solution to ensure that students were, being taught the skills they needed in order to be successful adults who are capable of securing a job. Many students have graduated from high school in the last several years without the ability to complete many basic tasks such as reading, writing, and elementary level arithmetic.

After experiencing this phenomenon for several years, President Bush stepped up to the plate and proposed tying the results of students to the financial assistance that schools received as an incentive for schools to perform better. A grade was also assigned to schools each year based upon the standardized test scores that would tell parents, educators and the country as a whole how well the schools in a district were performing.

If a school performs badly, parents and students are given the option to transfer to another school that received a better grade; this directly affects the amount of money each school is capable of receiving. This puts a great pressure on schools to perform better. Schools are forced to start taking note, and answering questions in regard to why students are not performing on an acceptable academic level when the report cards come out. Each school has the ability to improve their grades and scores simply by teaching students the information needed.

Many parents are upset by the program; they feel their children are being pushed too hard in classes. Many other parents are very happy with the program; they feel that the schools are just now being forced to be accountable for the education that students are receiving. As the future draws more into the technological era, it becomes clear, that technology is king. In order for students to be able to secure jobs, they must have basic skills and be able to handle the pressures of life.

Students must leave school fully prepared to take on a job, make a name for themselves, and improve their lives. Many students upon graduating from school were forced previously to go onto welfare and take jobs only in low paying jobs that were unable to turn into careers. Many students now are able to go onto decent paying jobs that show the possibility to grow into careers, thus avoiding the welfare trap that many recent graduates were forced into.

How the schools perform in the next few years will really determine how well our outlook is for the job market. With more jobs moving overseas to cheaper labor, it is very important that students leave school with the knowledge and ability to help keep jobs here for the future generations, for it is only with a graduate-led economy we can remain competitive on an international level.

San Fernando Valley Truck Accident Lawyer’s Top Ten Places to Walk After a Truck Accident

1. Mardi Gras in San Diego.



2. The big Scottsdale culinary festival.



3. A Greek festival in Orange County.



4. The Irish fair and music festival in Irvine.



5. The midsummer night festival in Fullerton.



6. The fiesta in Santa Barbara.



7. The Yorba Linda Polish festival.



8. The lobster festival in Los Angeles.



9. The Malibu wine classic.



10. A Greek festival in San Diego.



Now here are ten useful tips of advice from a truck accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a truck accident in The San Fernando Valley, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.



Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.



First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.



Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.



Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.



Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.



Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.



Seventh, call a good truck accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good truck accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good truck accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most truck accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.



Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.



Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.



Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.



If you’ve had a truck accident in The San Fernando Valley, Thousand Oaks, Camarillo, Encino, Sherman Oaks, Tarzana, Burbank, Glendale, Calabasas, Universal City, Studio City, Reseda, Van Nuys, Panorama City, Canoga Park, Northridge, Chatsworth, Porter Ranch, Granada Hills, Lakeview Terrace, Newhall, Pacoima, Valley Village, Arieta, Sylmar, Cahuenga Pass, Sepulveda, Woodland Hills, or anywhere in Southern California, we have the knowledge and resources to be your San Fernando Valley Truck Accident Lawyer and your San Fernando Truck Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.


By: R. Sebastian Gibson

San Fernando Valley Auto Accident Lawyer’s Top Ten Places to Go After an Auto Accident.

1. Little Italy in downtown San Diego.



2. A professional baseball game.



3. A Santa Barbara vintners festival.



4. The Hermosa Beach festival.



5. The Ocean Beach fair and chili cook-off.



6. The wine classic on the Central Coast.



7. A chili cook-off at the Del Mar racetrack.



8. A food and wine event in Temecula.



9. The lobster festival in Redondo Beach.



10. A Greek festival in Anaheim.



Now here are ten useful tips of advice from an auto accident lawyer to follow if you have been in an accident. You can also learn more about how to handle an auto accident in The San Fernando Valley, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.



Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.



First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.



Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.



Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.



Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.



Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.



Seventh, call a good auto accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good auto accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good auto accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most auto accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.



Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.



Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.



Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.



If you’ve had an auto accident in The San Fernando Valley, Encino, Sherman Oaks, Tarzana, Burbank, Glendale, Calabasas, Universal City, Studio City, Reseda, Van Nuys, Panorama City, Canoga Park, Northridge, Chatsworth, Porter Ranch, Granada Hills, Lakeview Terrace, Newhall, Pacoima, Valley Village, Arieta, Sylmar, Cahuenga Pass, Sepulveda, Woodland Hills Thousand Oaks, Camarillo, Ventura, Oxnard, or anywhere in Southern California, we have the knowledge and resources to be your San Fernando Valley Auto Accident Lawyer and your Burbank Auto Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

By: R. Sebastian Gibson

Friday, February 20, 2009

Natural Law vs. Positivism

The philosophy of law is a complex and in depth study, which requires an intimate knowledge of the legal process in general as well as a philosophical mind. For centuries, the scope and nature of law has been debated and argued from various view points, and intense intellectual discussion has arisen from the fundamental question of 'what is law'. In response, several major schools of thought have been born, of which the natural law scholars and positivists are two of the most notable. These two camps hold strictly contrasting views over the role and function of law in certain circumstances, and have provided in themselves platforms for criticism and debated which continue to be relevant today.

Although the classifications of natural law and positivism are frequently used, it is important to remember that they cover a very wide range of academic opinion. Even within each camp, there are those veering towards more liberal or more conservative understandings, and there is also naturally a grey area. Having said that, academics and philosophers can be enveloped by one of the categories on the basis of certain fundamental principles within their writings and opinions.

Natural law has always been linked to ultra-human considerations, that is to say a spiritual or moral influence determinant of their understandings of the way law operates. One of the founding principles is that an immoral law can be no law at all, on the basis that a government needs moral authority to be able to legislate. For this reason, natural law theories have been used to justify anarchy and disorder at ground level. This had lead to widespread criticism of the natural law principles, which have had to be refined and developed to fit with modern thinking. On the flip side, natural law has been used as a definitive method of serving 'justice' to war criminals and former-dictators after their reign.

Some of the strongest criticisms of natural law have come from the positivist camp. Positivism holds at its centre the belief that law is not affected by morality, but in essence is the source of moral considerations. Because morality is a subjective concept, positivism suggests that the law is the source of morality, and that no extra-legal considerations should be taken in to account. Positivism has been criticised for allowing extremism and unjust actions through law. It has also been suggested that positivism in its strictest sense is flawed because it ignores the depth and breadth of language in legal enactment, which means the positive law can be read in different lights based on differing meanings of the same word. Despite this, positivism has been seen as one of the fundamental legal theories in the development of modern legal philosophy over the last few decades, and is winning widespread favour through a contemporary academic revival.

Natural law and positivism have been the subject of an ongoing academic debate into the nature of law and its role within society. Both respective legal schools have criticised and built on one and others theories and principles to create a more sophisticated philosophical understanding of the legal construct. Although the debate is set to continue with a new generation of promising legal theorists, both natural law and positivism have gained widespread respect for their consistency and close analyses of the structure of law.

Thursday, February 19, 2009

Natural Law Theory

In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking. Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous impact on our understanding of what law means in society as a baseline from which to build more complex theories. In this article, we will look at some of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function.

Natural law starts with the basic premise that the law is driven by morality, and consequently is affected by it. With a history extending back to Aristotle and other early philosophers, the natural law theory has traditionally linked the law with religion and an innate sense of justice, rather than the more pragmatic approaches of some other theories. Although this might sound rather basic, the principals have been developed and refined through academic debate for centuries ultimately leading to a far more sophisticated theory of the nature of law. The idea that all law is subject to an unwritten code of morality is fundamental to natural law. This also throws up some potential problems in terms of civil regulation. Certain natural law theorists suggest that for a law to be binding on the citizen, it must conform to this sense of natural justice. However, there is clearly no definitive objective concept of morality, which casts doubt over this principle. Additionally, the prospect that a law may be disregarded in favour of some higher sense of morality doesn't conform in reality, considering the potential implications of consistently disregarding law on the grounds of the subjective concept of justice.

Furthermore on this primitive understanding of natural law, the citizen in contravention to the laws of his state, could attempt to excuse his actions through a justification of 'immoral' laws. This would also create a state of disorder, given the natural variation of personal opinions, which would ultimately render society unworkable. For this reason, the natural law scheme has failed to garner modern academic acceptance, of course with a few exceptions.

Natural law has been proposed as a consideration in trying war criminals, on the basis of the retrospectivity principle, i.e. no man can be tried for a crime that was not a crime when he committed it. Many war criminals are merely cogs in the machine of a legal regime, which ultimately permits their actions, however unjustifiable morally. Natural law theories give a basis for challenge on these grounds, whilst avoiding the awkward question of direct legal contravention, which ultimately works to serve justice. In this sense, it is perhaps useful as a canon of interpretation and in determining just and equitable outcomes in 'difficult' cases. However, as a wider legal concept, natural law and the proposed intersection between law and morality seems too awkward to reconcile with considered academic legal understandings. Having said that, natural law has provided an excellent starting position for further advanced argumentation, and has provided a platform for critique that has been essential to the development of the more sophisticated ideas held in regard in this modern day.

Wednesday, February 18, 2009

Minimising Tax Liability On Death

When we die, most of us leave behind a fairly substantial and intricate web of assets and liabilities, including money, our home and our other possessions. In most jurisdictions, there arises a liability to tax on death that must be borne from the totality of the estate, and this can lead to a significant reduction of inheritance for our loved ones. Having said that, there are a number of ways in which liability to tax on death can be vastly reduced whilst still ensuring sufficient legacies and provisions mortis causa. In this article, we will look at some of the most salient ways in which one can seek to minimise his estate's liability to tax on death, and ways in which careful planning can help increase the legacies we leave behind.

Tax liability on death usually arises through bad inheritance planning, and a lack of legal consideration. Of course to a certain extent it is unavoidable, but with some care and consideration it is possible to reduce liability overall. There's absolutely no point in making legacies in a will which won't be fulfilled until after death and which haven't been properly considered in light of the relevant legal provisions. If you haven't done so already, it is extremely advisable to consult an attorney on minimising liability on death, and on effective estate planning to avoid these potential problems and to ensure your family are left with more in their pockets.

If you intend to leave legacies to family members of a specific quantity or nature, it may be wise to do so at least a decade before you die, which will ultimately divert any potential legal challenges upon death which would give rise to tax liability. Obviously there is seldom any way to tell precisely when you are going to die, but making legacies at least a decade beforehand avoids any liability that might be attached on death. In effect, donating during your lifetime well before you die means you can still provide for your family and friend without having to pay the corresponding tax bill.

Another good way to minimise tax liability is to get rid of assets during your lifetime by way of gifts to friends and family. One of the most effective ways to do this is to transfer your house to your children during your lifetime, or to move the house into a trust for which you are a beneficiary. This means you remain functionally the owner, but legally, the asset doesn't feature in your estate on death and therefore doesn't attract tax liability. Again, it is of great importance to ensure that the transfer is made well before death to avoid potential challenges and potential inclusion in the estate which would lead to inheritance tax liability.

Death is a particularly important phase in our lives, particularly in legal terms. The change between owning our own property and distributing ownerless property provides a range of challenges, and the controversial tax implications can cause serious problems. Without careful planning and an expert hand, it can be easy to amass a significant tax bill for your loved ones to bear. However, with the right direction, it can be easy to use the relevant mechanisms to minimise the potential liability to tax on your estate upon death.

Tuesday, February 17, 2009

Gun Control Under Debate

After the recent massacre at Virginia Tech, once again the mammoth issue of gun control has been brought up at full force. Many are highly upset that even after gun control laws have been enacted that the killer in the massacre was approved for a gun and purchased it in less than 30 minutes. Many have speculated that had there been much harsher guidelines in place, that the sale would not have been completed, and it could have potentially saved all of the lives that were tragically lost in the disaster.

The death toll from the massacre has risen to over 30 killed and more than 20 wounded. This is aside from the emotional damage that has been caused to the hundreds who are left grieving in the wake, and those who experienced first hand the trauma of the event. How can such events really be avoided? Is it possible to avoid such tragedy with firmer gun laws?

What about the programs that offer rewards in the form of video game systems, computers and even cash in exchange for turning guns into the police? Are these programs effective? In order to truly control guns, there has to be consensus around the country where everyone agrees that it is time for a change and the change occurs quickly, and without opposition. Gun laws are clearly too lax, and our country needs to take action to avoid scenes like those in Virginia from reoccurring.

The chances of something such as this happening are almost impossible. Neither side of the political arena can agree with the other side about what appropriate gun control is, and with many residents of the United States being avid hunters whom use riffles and shotguns on an almost daily basis, it makes it very difficult to control all of the actions and movements that occur.

Consider that many weapons used in crimes are illegally obtained; it makes it very difficult to determine how effective the stiffer gun laws would really be. With a new Presidential Primary due to start in the near future, it will seem as if there will be much heavy debate over how to control the flow of guns into the hands of those who are dangerous, or potentially dangerous.

Facts remain, that while the election is likely to focus on this issue, there is still the issue of preserving the Constitutional right to "bear arms" as long as it is done legally, and those who already have the weapons currently can potentially be just as dangerous as those looking to purchase the guns in the future. We are left with the task of trying to avoid the tragedy as much as possible.

Colorado stepped up to the plate with a swift action enacting much stiffer gun laws after the Columbine school massacre in which two teenage boys entered their school donning trench coats and heavy weapons leaving a wake of blood and fallen students in the path. Colorado decided to avoid future incidents and enact the tougher laws. It is suspected that Virginia will follow in this path. The fate of the country rests in the hands of those elected to the public offices to help determine exactly how far gun control should go, and how the changes should occur.

Tax Debt Attorneys

Tax debt attorneys advise tax defaulters or tax creditors, or go to court on their on their behalf. Tax debts might be incurred by the defaulter due to financial problems like layoffs, divorce, prolonged unemployment, illness, or accidents. Tax debt attorneys work on how to get a good deal for their clients who have unpaid tax dues.
Sometimes, taxes accumulate if you don't pay regularly, don't file returns, or the tax return is filed by the IRS but tax is not paid. Adding to that, the penalties levied on accumulated taxes can make the situation even worse. Since it is difficult to get tax debts completely waived, a good debt tax attorney can help decide what is the best method of paying up, and negotiate on the behalf of the IRS so that some relief can be granted to the defaulter. Since voluntary disclosure of tax dues or a genuine problem in clearing them go a long way in getting some consideration for the client, a debt attorney looks for mitigating circumstances that can stand in favor of his client. Filing for bankruptcy should be the last option, and taking your tax debt attorney into confidence will help you avoid such a drastic step.
The "Offers in Compromise" program is where the federal government reaches a compromise by letting the defaulter pay part of the tax debt. A skilled tax attorney must negotiate with the IRS and get the best possible deal for his client. Payments can be made in installments, and your tax attorney will guide you through the difficult process of negotiating an installment plan that suits your financial state.
Timely advice from your debt tax attorney will help you avoid garnished wages, confiscation of property, bankruptcy, and prison.

Monday, February 16, 2009

Executive Compensation to the People

There is a bill in the progress before the House of Representatives that is trying to put the issue of the pay and compensation package that executives of publicly traded companies receive in front of stockholders. This bill is actually expected to pass through the house successfully; however, it is unclear how well the Senate will receive it. Is this bill the right direction for a modern America, or do we need to consider more intimately the economic implications of such a decision?

The White House has already formally registered its opposition to such a plan, however the backers are unconcerned. Many feel that the compensation plans of the major officers of the publicly traded companies should be tied to the performance of the company and the officers themselves, and not to the figures that the officers wish to receive.

This bill if passed could place an enormous amount of power into the hands of stockholders who are upset with the way several companies have behaved lately, with declining profits and horrible business practices while the officers of the companies have picked up large compensation packages that include their salary, benefits, and stock options. Each officer can end up with hundreds if not thousands in profits even while the company is performing badly, which stockholders believe is an inequitable outcome.

Many have wondered if the officers in charge of these companies would tighten the belts on spending if their own pay was tied to their performance rather than their wishes, and with numerous companies falling short of profits with huge pay packages going out, and raises occurring almost yearly many investors have started complaining loudly.

While current President Bush has urged the officers of the companies to step up and take responsibility. He has also said that it is not an issue that the government should become involved in. How far should the government extend into a private business? How many people would really feel comfortable with the idea of having the government determine what their pay could be? Most Americans can agree that they would not like the idea of the government interfering with their job and pays.

At the same time, while most Americans do not wish to have the government intruding into their jobs and careers, many still want some measures put into place to hold the executives accountable who are responsible for multi-million and multi-billion companies that employ hundreds to thousands of people.

Many have argued that the concept is nothing new; it is similar to ideas that are currently in place in countries such as Sweden, Australia and even in Britain. With examples such as those to follow, it makes people wonder if this actually does have the chance to pass through the House of Representatives and the Senate once the voting time has arrived.

With time as the key factor, there is scheduled to be a vote on the issue in the House of Representatives in the very near future, which is very much expected to pass without much opposition. It is the next step in the Senate that is where it starts getting sticky with people unsure of the results once the voting in the Senate starts. However, with increasing support from the people, many of whom work for companies affected by this issue, there is scope for a mass political influence, which will certainly make the outcome interesting.

Sunday, February 15, 2009

The Potential Effects of The Iraqi War on the Election

The upcoming election has many people wondering exactly how the 'War on Terror' will effect the decision for our next President. With President Bush's approval ratings taking a nose-dive in recent years it seems as if the American people are ready for a change, and want the troops that have been overseas for so long to be returned home to their families and loved ones. Many Americans are upset over the length of time the conflicts in Iraq and Afghanistan have dragged on, and with the steadily rising death toll brave soldiers and their families are paying the ultimate sacrifice for something they no longer wish to be a part of.

The military is beginning to feel the effects of the war as well, with almost 4,000 soldiers deserting in 2006 alone, the highest numbers since World War 2. Many are looking to avoid the war and chaos as much as possible, which leaves the country trying to determine whether another Republican in office is going to make things better, or potentially worse for the country. As some issues in Iraq are cleaned up, more appear on an almost daily basis, causing the troops return date to be delayed even further.

Many Americans are also highly upset that while the troops are overseas, there is no definite timeframe for withdrawal, and no clear idea of when they will return home. No timeline has been determined, despite the long duration of military presence in these conflict areas. People all across the country are starting to feel as if this is potentially nothing more than a game that President Bush is playing, while using the troops as his personal game chips. A deadline for returning the troops has been discussed numerous times, yet has never materialized into anything worthwhile.

Where does this leave the country? With thousands killed in Iraq there are numerous votes that should have been counted in the next election that will be missing, as the fallen soldiers are all missed. With Bush's approval ratings in the mid to low 30's range, it is starting to look very bleak for the Republican party to manage to find a strong enough candidate to run on their ticket who can repair the massive 'goodwill' damage from the Bush administration.

It is suspected that the effects of the war will have a damper on the election, especially since in the course of the war the House has moved to a Democratic majority in power. With this major shift, as well as Bush's approval ratings being so low, it seems obvious that the people are sitting up and taking notice of everything that is occurring all around the country, the question remains, is how deeply this will upset the election and how heavily it will weigh on the minds of voters while they are standing in the polls casting those final ballots.

Many are rejoicing that Bush is unable to run, after seeing the war, as well as the state of the economy and hoping for a much better outcome from the next election. With the next election, looming in the horizon it will be very interesting to see how everything plays out in the political arena and the attitudes and ideas that the candidates will be emphasizing.

Friday, February 13, 2009

Accident Lawyer Long Island Provides All the Solutions

Accident attorneys are well known for dealing with all sorts of public bus, personal car, aviation, auto crash injury issues and coverage. An accident lawyer commonly works with medical malpractice law suits, bicycle accidents, traffic collisions, motorcycle wrecks, other compensation lawyers, boating crashes, pedestrian injuries, pro bono plane crash victims, injuries on construction sites, personal injury cases and much more. In Long Island, these accidents are unavoidable. With the summer rush of people from all over the tri state area, seeking contractors, seeking the thrill of the Island nightclubs, all packing the Long Island expressway, it is not difficult to understand why so many also seek the help of Long Island accident lawyer.

When insurance companies only protect their interests, you must be prepared to do the same. Everyday accidents occur on the roads, highways, at work, at home, or during recreational activities. These accidents can lead to injury or the death of a loved one. If your injuries are the result of the negligence of another, you may be entitled to compensation for pain and suffering, medical bills, lost wages, long-term care, and the loss of quality of life. Get the help you deserve by contacting a Long Island accident lawyer immediately.

Insurance companies are not on your side and will do everything in their power to make sure that your claims are denied. Make sure you have the right people working for you. Talking to an investigator or adjuster could limit your rights and be detrimental to your chances to collect damages in the future. A Long Island accident lawyer will investigate the accident for you, identifying all responsible parties and develop a strategy for obtaining maximum compensation. You must seek the advice of the proper legal council before you talk to your insurance company. Let Long Island lawyers help you obtain justice.

Long Island is booming area where people from all over go to vacation, relax, and reside. With its immense population and high demand for construction and thrills, Long Island is a center of accidents waiting to happen. While insurance will work against you to deny or delay your claims, a Long Island lawyer will work with you side by side to investigate the accident and make sure that you will receive the maximum amount of compensation for all hardships endured. Contact a Long Island accident lawyer immediately if you have been involved in any kind of accident.

By: Paul Justice