First Amendment Violation: Separation Of Church And State

 

In a recent Wall Street Journal article written by Jacob Gershman entitled: For Next Big Religion Case, High Court Goes to Greece, is reported that the U.S. Supreme Court agreed to rule on a case whether an upstate New York town violated the Constitution by opening its public meetings with a Christian prayer.

The case centers on the Town of Greece, near Rochester, which had routinely invited Christian clergy to deliver prayers, most of which contained references to “Jesus Christ,” “Jesus,” “Your Son,” or the “Holy Spirit.”

Town residents claim the practice violated the separation of church and state of the First Amendment.

Constitutional scholar Carl Tobias, of the University of Richmond School of Law, said “It’s a very delicate and difficult issue”.

The outcome could have wider implications beyond legislative invocations, Mr. Tobias said. It could have an impact on everything from school prayer to what may be recited at funerals for state troopers.

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Kermit Gosnell: Accusation Of Illegal Late-term Abortions

A recent Wall Street Journal article written by Peter Loftus and Louise Radnofsky entitled: “Abortion Doctor Convicted of Murder in Baby Deaths”, reports that a Philadelphia abortion doctor was declared to be guilty of first-degree murder in the deaths of three babies born alive.

The hot abortion debate was caused by a horrible case of 2009 when Kermit Gosnell, 72 years old, was convicted of involuntary manslaughter in the 2009 sedation-overdose death of a 41-year-old woman during an abortion procedure. Dr. Gosnell was found not guilty on a third-degree-murder charge in the woman’s death, and he was acquitted of first-degree murder of a fourth baby.

Dr. Gosnell can get the death penalty when the jury will return next week to reach its verdict on his case.

Opponents and supporters of abortion rights have seized on Dr. Gosnell’s case. Antiabortion activists, accusing Dr. Gosnell of the violence in terminating pregnancies, believe the issue of late-term abortions could influence Americans who support abortion rights. They believe there are at least some instances in which abortion should be illegal.

Other opinion accuses restrictive laws in Pennsylvania and many other states, where women with low-income have few possibilities to obtain quality care they need. That is why “inexpensive” Dr. Gosnell became so popular for poor and desperate women, despite his practice could be illegal, unethical and unsafe.

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Talking Politics At Work Can Get You Fired

During the presidential elections political disagreements can easily arise in the workplace at any time. Usually such conversations can be heated and it does not matter whether you are on “red” or “blue” side or you consider yourself in the middle. The fact is that many private employers restrict political speech in the workplace.

In other words, sharing your opinion at work can get you fired. Susan Adams noted in Forbes that the Society for Human Resources reported 25% of employers maintained written policies. Some of these policies restrict having conversations about politics at work. Only a handful of states have laws that strictly prohibit private employers from discriminating against employees.

At least 80% of workers believe that they have a “free speech” right to have conversations on politics. They are absolutely wrong. The Fourth Amendment protects employees only from government interference but not employer interference. And maybe it is a high time to take a closer look at your employers’ written policies.

Some people believe if there is not any written policies at their company they can have a possibility to wear political buttons, T-shirts or they can outlaw political posters and instigate a conversation about hot-button issues during the lunch time. The answer to this question is NO.

The good news is that most employers are tolerant. 2/3 of the employers allow their workers to have a political discussion in their workplace as long as it does not interfere with work. And, of course, the employees remain respectful for that.

Do you think employers should be allowed to restrict the political speech of their employees? Please, share your opinion in the comments section below. 

More information can be found here: http://jobs.aol.com/articles/2012/09/12/why-you-shouldnt-talk-politics-at-work/

No Warrant Is Required

A very controversial topic

Did you know you are being tracked right now by the government? The police now is making requests to cell phone companies in order to know the location of their users. It became known in today’s Lawyers.com Radio broadcast where the host Matt Plessner interviews Editor in Chief Larry Bodine.

The good news is: “They’re not asking to listen in on the calls, they just say, ‘we want to know where the person is,’” Bodine says.

According to The Fourth Amendment, the police is required to get a search warrant in almost all cases. Also, The Fourth Amendment, the part of the Bill and Rights, guards people against unreasonable searches and seizures, including arrest. Thus, to be able to get a warrant, the police has to show probable cause that a crime has been committed.

The controversial part of the event is that the police is saying, “We don’t want to bother showing probable cause. We don’t want to bother getting a warrant. We just want the information, just based on our request.”

What’s so special about a Local Record?

Bodine said that the police can get a lot of the information about a cell phone user. For example, they can tell you exactly where you are at the moment. In other words, it’ll be easy to tell whether you went to a bar or a church; whether you are a student or an employee. Even the door you knocked on can be easily identified.

He also explains that there are things people don’t want to make available for anybody. But in this case, your habits, your relationships and all your activities can be figured by the police. It sounds more like an incredible invasion of privacy.

Basically, everything depends on what kind of a cell phone you’re carrying with you. If you have an ordinary phone — to check your location is possible any time you make a call, text or send an e-mail. With a smartphone, everything gets even more complicated, because of a GPS signal; your phone can be checked even though it is on or it is turned off. But, in any event, it can be done without a warrant.

Here’s a link to an audio recorded from the radio station: http://bcove.me/msxqhc08

WHAT DO LAWYERS DO? AND WHERE?

All lawyers are not alike. They can work in various capacities such as legal and non-legal. Also, they specialize in private areas. Moreover, lawyers do not usually go to trial to win the case as you can watch in movies or on TV. Generally speaking, there are two areas where they usually specialize in:

1. Legal Specializations
Some lawyers specialize in a particular area, the other – in trial law (civil or criminal). They can also help clients who seek to reverse or to uphold lower court decisions, bankruptcy law, tax law, trusts and estates, corporate law, environmental law, intellectual property, communication law, elder law, employment and labor law, entertainment law, health care law, education law, international law, etc. The list of is almost endless.

2. Legal Settings
Lawyers also work in a variety of settings. Some of them are described below.
Private Practice:
The lawyers work in private practice as solo practitioners, in small or “boutique” law firms, in firms that have several hundred lawyers. As usual, they join firms as “associates” and work toward becoming “partners.” Life at a large law firm is influenced by “billable hours.”
In-House:
“In-house” work means that lawyers are employed by a single client or a large corporation. Large companies usually hire one or more lawyers to go through more specific issues. For example, one supervises litigation, another addresses the company’s employment issues, a third lawyer tries to influence legislation related to the company’s business. Also, if in-house lawyers represent only one client, they are not beholden to the “billable hour.”
Government:
The federal government also hire lawyers for different tasks. There are District attorneys, State Attorney Generals, and federal prosecutors who work at the Department of Justice here in D.C. and at U.S. Attorney’s Offices throughout the country and public defenders who represent those who cannot afford an attorney. All of the government representatives also work for the Office of Homeland Security the Environmental Protection Agency, the Security Exchange Commission, the Patent and Trademark Office, the Consumer Product Safety Commission. Similarly, the United States Congress offer many opportunities for lawyers to help pass legislation.
Academia:
Lawyers teach in law schools and colleges. Many of the lawyers get teaching experience first by working as a professor. At the same time they may also work elsewhere full time.

Only some of the legal settings were mentioned in this article. If you want to know more information on the topic, please, visit the link below:

http://www.nalp.org/what_do_lawyers_do