All posts by admin

Group Threatens Legal Action Over Plan To Scuttle TSA

admin | May 9, 2022Legislative & Governmental Affairsadmin

The coalition of media and civil society advocacy groups has threatened to seek legal action against any plan to scuttle the smooth operation of the Treasury Single Account (TSA).

Speaking on behalf of the groups, the executive director, African Media Roundtable Initiative, Omoluabi Olabode Adeyemi, said they were concerned that the TSA, which has redefined the economic prosperity of Nigeria in the face of dwindling oil fortune, has come under so much attack and controversy.

The Senate joint committee on finance, banking, Insurance and other financial institutions and public accounts, in March, recommended the termination of the 2013 contract awarded to SystemSpecs by the Central Bank of Nigeria(CBN) for electronic collection and remittance of government fund through the Remita, the indigenous software developed and used by SystemSpecs.

According to the group, “the TSA system has proven that indeed our economic mainstay could be diversified, broadened and expanded with the overall interest of a rapid and comprehensive national development.”

The huge amount of money which runs into trillions of Naira that have been so far generated by the Treasury Single Account through the home grown indigenous technological development otherwise known as Remita, developed by the Nigerian Based System specs and voted many times as the software of the year, has redefined the economic prosperity of Nigeria in the face of dividing oil fortune in the international communities.”

“We commend the governor and management of Central Bank of Nigeria for the courage, patriotism and commitment they have displayed so far to make sure the Remita platform work in the interest of Nigeria. We wish to warn therefore that any attempt to frustrate or cancel the existing agreement that has brought Remita to work will attract a stiff resistance from the people and possible legal actions. This has become necessary because the people have seen that Remita is the solution to the wanton looting and fraudulent diversion of our commonwealth that have pervaded our system of governance in the years back unabated which has ruined our economy and has caused obvious infrastructural, human and social, economic collapse of our motion,” Adeyemi said.

Source/Credit : http://bit.ly/1YhbxaC

What are the Legal Rights of Children?

admin | May 9, 2022Legal Rights of Childrenadmin

Children, or minors, do not have the full legal capacity of adults. Typically, minors aren’t granted the rights of adults until they reach the age of 18, although this varies from state to state. Because children are still developing, both physically and mentally, they aren’t considered capable of handling the same rights as mature adults. However, children do have some inherent legal rights of children as soon as they are born, and they obtain some additional rights as they grow.

Basic Rights for Every Child

Although children grow and mature at different rates, there are some rights that every child is born with. Children are entitled to a safe environment, good nutrition, healthcare, and education. Although parents have the right to raise their children as they see fit, if a child is not safe, the state will remove the children from their home. Parents are required to meet the child’s basic needs.

Minors also have rights under the U.S. Constitution. Specifically, they have the right to equal protection, which means that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. Children are also entitled to due process, which includes notice and a hearing, before any of their basic rights are taken away by the government.

Children with disabilities also have rights under the federal Disabilities Education Act. The Disabilities Education Act provides children in need of special education with special accommodations to ensure they receive the same education as their peers.

Rights that Children Can Obtain as They Grow

Some rights are obtained as the child grows, depending on his or her age and level of maturity. For example, children have a limited right to free speech. In many instances, children are encouraged to form opinions and freely speak their mind. However, schools may limit the child’s speech if they feel it could harm other students. This rule can have strikingly different applications for student bodies of different ages. For example, a student painting featuring nudity might be inappropriate in middle school, but cutting edge art in high school.

Teenagers tend to have more rights than younger children. Teenagers may work, although the exact age at which a minor can begin working and the hours he or she may work will vary by state. The Fair Labor Standards Act and state labor laws regulate the employment of minors.

In the criminal justice system, older children receive more autonomy than younger delinquents. If a child is particularly mature, he or she may qualify for emancipation. In some cases, emancipation is automatic. Otherwise, emancipation must be petitioned for in the appropriate state court.

Legal Rights of Children That They Do Not Have

Children are not allowed to vote, hold property, consent to medical treatment, sue or be sued, or enter into certain types of contracts. In some cases, a child is able to do these things but must have a parent or legal guardian act on his or her behalf.

Source/Credit : http://bit.ly/1TOgHtA

The spirits of the hills: Oconee County’s first legal distillery in a century to open

admin | May 9, 2022Legal Aid/Pro Bonoadmin

LONG CREEK — “The water of life,” the early Irish monks who learned to distill fermented grain mash supposedly called it.

By the time the Irish, the Scots and the Scot-Irish brought the making of it to the Appalachian Mountains of the American colonies, it had been whiskey for a long time and it flowed out of the hills and into legend as an inseparable part of the American culture.

Armed resistance to a tax on it gave the young American republic its first test. George Washington, after retiring as the new nation’s first president, developed the first large-scale whiskey distillery in the country.

As the years passed, whiskey continued to flow from the hills, but mostly as illegal booze. The western corner of South Carolina, “the Dark Corner,” would become famous for it.

Today, craft distilleries are on the rise.

On May 13 and 14, Ed and Kitty Land will hold a grand opening of the Chattooga Belle Farm Distillery, Oconee County’s first legal distillery in about a century.

Most days, Ed Land can be found in his distillery off Damascus Church Road. With a helper, he prepares mash, tests the whiskies and brandies aging in oak barrels, and bottles the finished spirits.

The distillery is the latest addition to the Chattooga Belle Farm, established by the Lands about a decade ago on 138 acres of rolling apple orchard that was once owned by a group that included the late comedic legend Groucho Marx.

The Lands still grow apples, peaches, muscadines, blueberries and others fruits. The farm’s bistro and facilities for hosting events such as weddings have been lauded in regional publications, as has its disc golf course.

It was the fruit-growing, though, that made distilling seem a natural next step. Chattooga Belle Farm had been marketing its own wines for several years, but with that and the u-pick-it selling operation, there was still fruit leftover.

“I like doing new and creative things here at the farm,” Land said. “Fruit was going to waste, so I thought about distilling it.”

A micro-distilling course for Ed and Kitty in Kentucky made the idea seem not so far-fetched.

“I was sure we could take our muscadines and turn them into moonshine,” Land said.

A truck and equipment storage barn became the distillery, fitted with a 210-gallon pot still and a column still, and mash tuns that were originally dairy tanks. Some of the white oak barrels for aging come from the Jack Daniel’s Distillery in Tennessee. Others are made especially for the Chattooga Belle Farm Distillery.

It was muscadine and apple brandies, not whiskey, that were the first to flow from Land’s stills. MuscaShine is the pure muscadine brandy. He also made Cinnamon Stick, a muscadine/apple brandy blend aged with cinnamon sticks in the barrel. Oconee Belle is the same blend aged with Madagascar vanilla bourbon beans. Campfire is the muscadine/apple blend aged with charred white oak chips.

Such variety is a trademark of craft distillers.

Ed Land didn’t have to look far to see the prospects for unique offerings.

“The fruits for our brandies are grown here, they’re harvested here, they’re distilled here, they’re aged here and they’re sold here,” said Land. “I don’t know of any other distillery that does that.”

The art of the modern craft distiller blends the centuries-old art of making and aging distilled spirits with the search for something new and innovative to offer. And for Land, one such work in progress rests in at least one barrel on the floor of the still house.

“This is going to be our next offering,” he said, removing the bung from the barrel.

A subtle but clear flavor of juniper, other herbal flavors, and a strong flavor of apples.

“We call it Apple-A-Gin, like Appalachian,” he said.

Compared to the giants such as Jack Daniel’s in Tennessee, Heaven Hill and Jim Beam in Kentucky and others, craft distillers are small businesses. But together they can make a big impact.

There are 31 licensed craft distillers in South Carolina, from the coast to the mountains, according to the State Department of Revenue.

The fledging industry is so new the state has no numbers of economic impact as a whole. But the 40 micro-breweries and brew pubs in South Carolina add about $443 million to the state’s economy, including the creation of about 3,000 jobs.

These businesses also court visitors, especially when coupled with an agribusiness venture. Oconee officials courting both visitors and business have their eyes on Chattooga Belle Farm as one of the county’s newest draws.

“Distilleries, wineries and micro-breweries have become major tourism destinations, especially in western North Carolina,” said Ken Sloan, executive director of Oconee County’s Mountain Lakes Convention and Visitors Bureau. “I am extremely excited about having this new development in Oconee.”

So while a lot of eyes are on him, Ed Land’s eyes are most often on his bubbling, fermenting mashes. His thoughts are on getting ready for the distillery’s grand opening, a gala affair that will include music and tastings.

“Every batch is going to be unique in some way,” Land said of his concoctions. “And each time, every day, you try to make it the best.”

Source/Credit : http://bit.ly/1SZYLtM

Immigrants in U.S. Illegally Are Given a Shot to Return to Their Professions Under California Law

admin | May 9, 2022Immigration Lawadmin

In Mexico, Marco Nava was a trained cosmetologist working in a salon. He specialized in hair styling and coloring. But for eight of the nine years since he came to the United States illegally, he toiled in the shadows, working as a field hand-harvesting grapes near Porterville.

These days, Nava is back in an air-conditioned barbershop doing what he loves thanks to a year-old California law that allows immigrants in the U.S. illegally to apply for state licenses as barbers, cosmetologists, auto mechanics, security guards and other professions.

The law also covers professionals including doctors, nurses, psychologists and pharmacists.

“It was a way for me to come out of hiding,” said Nava, 32. “I no longer have to wake up at 4 in the morning to do something that is not my profession. Now I can take care of my kids, bring them to school and do something that I love doing.”

More than 300 people had applied for professional licenses from the state under a unique process outlined in the new law, which was written by state Sen. Ricardo Lara (D-Bell Gardens), whose parents were at one time in the U.S. illegally before they became citizens.

“Where someone was born does not dictate their potential to contribute to our workforce and grow our economy,” Lara said. “We have the largest immigrant population in the country, and we are the eighth-largest economy in the world. In California, we know that integration works.”

California has led the nation in adopting laws aimed at easing the assimilation of those in the U.S. illegally, previously allowing such people to get driver’s licenses, college financial aid, and law licenses.

Advocates for strict immigration enforcement, including William Gheen, said the state cannot adopt measures that conflict with federal laws that make it illegal to hire someone who is not in the country legally — or even help them get a job.

“California lawmakers should be focused on helping the American citizens they have sworn to serve instead of illegal invaders that take U.S. jobs and taxpayer resources and corrupt our elections,” said Gheen, president of Americans for Legal Immigration Political Action Committee.

California’s workforce includes 1.85 million people in the U.S. illegally, according to an estimate by the Public Policy Institute of California.

Until Gov. Jerry Brown signed the new law, professionals in California had to obtain licenses by submitting their Social Security numbers as proof of citizenship.

The law allows the state’s 40 licensing boards to accept a federal taxpayer identification number, which those working in the country illegally can obtain in lieu of a Social Security number.

The most sought-after licenses so far are for barbering and cosmetology, which had 151 applicants. Second was cemetery operator licenses, which saw 36 applicants, followed by security guard licenses, which drew 32 applications.

There were 24 applicants for automobile repair licenses, 15 for registered nurses, 14 for vocational nurses and seven for dental hygienists. Five people applied for dental licenses. No one has yet sought a license to work as a physician.

Lara said many of the professionals getting state licenses were already doing the work in California, but without state permits and the training required to make sure they do their jobs in ways that do not jeopardize public health.

“By improving access to professional licenses we will increase tax revenues, utilize an untapped worker population and promote stronger communities,” Lara said.

To obtain a professional license, workers must undergo training and pass a test showing that they know how to operate safely with proper hygiene and sanitation so the public is protected, said Julie Landeros, an administrator at the state-licensed Cosmetica Cosmetology and Barbering Apprenticeship Program in Downey.

“It’s amazing,” she said of the new law, “because before there were a lot of undocumented people doing this work already. Now these people can be regulated.”

The training program’s students include Nancy Gonzalez, 35, of San Fernando, who said she was grateful for the ability to get a state license even though she is in the U.S. illegally.

Gonzalez and Nava said it also helps their businesses to be able to show clients a state license.

“I feel free,” Gonzalez said in Spanish, with Landeros translating. “I am happy because I can now help my family, my husband in a much better way without fear that an inspector can come in at any time and give me a $1,000 fine for working without a license.”

Source/Credit : http://bit.ly/1Oa7nRH

North Carolina Republicans Vow To Defy Feds On Bathroom Law

admin | May 7, 2022Anti-LGBT lawadmin

The lawmakers say they won’t be “bullied” into meeting the U.S. Justice Department’s Monday deadline to change the law.

WINSTON-SALEM, N.C. (Reuters) – North Carolina Republicans Vow To Defy Feds On Bathroom Law. They refused to back down from a law regulating which restrooms can be used by transgender people after the federal government told the state the law violated the U.S. Civil Rights Act.

The state’s leading Republican lawmaker, House Speaker Tim Moore, told reporters in Raleigh that North Carolina would not be “bullied” into meeting the U.S. Justice Department’s Monday deadline to change the law.

North Carolina is the first U.S. state to pass a law requiring transgender people to use public bathrooms that correspond with the sex on their birth certificate instead of the gender with which they identify.

Republican legislators in several other states have proposed similar laws, making transgender rights a hot-button social issue in an election year.

The Justice Department’s challenge is similarly unprecedented, though the agency has in the past intervened on behalf of transgender individuals who have alleged discrimination.

The Republican National Committee urged state legislators in January to resist federal policies that allow transgender people to use restrooms of their choice at public schools.

The Justice Department said in letters to North Carolina Governor Pat McCrory and other state officials on Wednesday that the state had until Monday to decided if it would stop discriminating against transgender state employees.

McCrory affirmed his support for the “very common-sense rule” before a group of business leaders on Wednesday night but said he did not know if the state would fight the Justice Department. His office did not respond to questions on Thursday.

If McCrory does not stand down from enforcing the law, the Justice Department’s civil rights division could push for a court order. If a federal judge sides with the agency, North Carolina would have to comply or face a reduction in federal funding.

On Thursday, Republican Senate leader Phil Berger’s spokeswoman, Amy Auth, said state lawyers were reviewing the letter. Berger on Wednesday said the department’s position represented “a gross overreach.”

North Carolina’s Secretary of Public Safety and officials at the University of North Carolina also received similar letters on Wednesday.

Margaret Spellings, president of the University of North Carolina system, said her office would respond to the department’s letter by the deadline.

“We take this determination seriously and will be conferring with the Governor’s Office, legislative leaders, and counsel about next steps,” she said.

Justice Department spokeswoman Dena Iverson would not say whether the department would take legal action against the state.

The state law is being challenged in federal court by critics including the American Civil Liberties Union and Lambda Legal, which advocates for lesbian, gay, bisexual and transgender (LGBT) rights.

“We’ve never before seen a state do something as aggressive as require mandatory discrimination against its own transgender employees,” said Peter Renn, an attorney with Lambda Legal, in a phone interview with Reuters.

Jillian Weiss, an attorney who has argued in federal court for transgender rights, said the Justice Department’s action against North Carolina showed the federal government was willing to intervene when states passed laws reducing rights based on gender identity and sexual orientation.

Weiss predicts Mississippi, where a law allowing businesses to refuse service to gay people takes effect in July, will be the department’s next target.

Source/Credit : http://huff.to/1T5nstY

Workplace Drug Test Policies Unaffected by Legalized Marijuana

admin | May 7, 2022Food and Drugsadmin

Is a candidate thinking about sparking one up before starting a new job? They might want to reconsider!

Legal experts agree that no matter how many places legalize marijuana, the American workforce should expect it to be regulated in a way similar to alcohol when it comes to their employers.

Whether you believe mandatory drug and alcohol testing promotes workplace safety and protects the company, or that it violates privacy and promotes discrimination, one thing is clear: the company will protect itself at all costs.

The tricky thing about Marijuana is that, unlike alcohol, there isn’t a test to measure the level of impairment as is the case with a breathalyzer. In most cases an organization will opt for a zero-tolerance policy to mitigate any risk, and as the US District Court for the District of New Mexico proved just a few short weeks ago, medical marijuana laws will not typically include requirements mandating that employers accommodate medical marijuana cardholders.

New Mexico isn’t the only place either. Before this one, there have been similar cases in California, Colorado, Michigan, Oregon, and Washington.

So how is it that despite laws like New Mexico’s Compassionate Use Act being passed, companies are still being sided with when presented with wrongful termination suits? It’s relatively simple: The Federal Controlled Substances Act still prohibits marijuana and supercedes limited state-law immunity.

Being that 23 states and Washington DC have now legalized medical marijuana, the challenge is for companies to protect themselves should they be caught between state and federal laws.

Source/Credit : http://bit.ly/1TNaXQN

Hire A Lawyer Today