judicialsupport

Legal Writing for Legal Reading!

Archive for the month “September, 2022”

YesSource: 1969 – Happy Magazine Collection (ft. Alan White)

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

YesSource: Yes Albums – 6/22/11 – Fly From Here

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

YesSource: 1968 – Alan White with Paul Williams Set

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Knowing the Law

                More than once, after I tell someone who calls me inquiring about their situation, that they do not have a case under the law, or their case would be very expensive to process and their chances of prevailing are slim, they have angrily said “I’m going to find a lawyer who knows the law!” I believe, after nearly 43 years of practicing the law, that I pretty much know the law, and if I don’t know it, I know how to research it.

                The majority of people search for a lawyer by surfing the Internet, using the yellow pages, or seeing paid advertising; using a referral service; receiving a referral as part of a workplace benefit; or receiving a referral from relatives, friends, co-workers or neighbors.

                Often the process of locating a lawyer who practices in the relevant area, or even finding a lawyer who will take the time to consult with a person, is time-consuming. One would assume that after going through the effort and time involvement of finding or speaking to a lawyer, that people would respect the time a lawyer spends consulting with them, time for which the caller is often not charged, and believe the information received from that lawyer, who has training and experience in the law.

                   Yet people often have unrealistic expectations of what the law says, of how the law is actually interpreted by the courts, of how the legal system really operates, and the amount of time, effort and funds necessary to produce the type of result they want to achieve.

                One area in which people think they have greater rights than they actually have is in the civil rights and employment law areas.  A soup to nuts civil rights case is very difficult and expensive to pursue. There are many plateaus which must be reached before a matter is even permitted to proceed to a court.  There is a high cost of engaging in the discovery process to root out information which people often just have a hunch about.  Convincing a judge or a jury that one has proved their case is the final obstacle.  These are just some of the obstacles which must be reached and overcome in proving one’s case.

                Yet, every so often, after I have taken my time to patiently explain the intricacies of the law to a caller, and despite my many years of experience for which I believe I deserve some credit and respect, someone who does not want to accept the realities of the law will say they don’t believe me or they don’t agree with me.  What these people really mean is that they are not seeking a lawyer who knows the law, because most experienced lawyers know the law. What they really mean is they are looking for a lawyer who agrees with their version of what the law is or should be. And what they really should be doing is being grateful and respectful of a lawyer who has taken the time out of their busy day to speak with them and give them realistic advice about their situation. 

_________________

Faye Riva Cohen, Esquire is the founder and managing attorney of the Law office of Faye Riva Cohen, P.C. in Philadelphia, PA. She writes a blog called “Tough Lawyer Lady.” She represents clients in labor, discrimination, family law, real estate, and estate litigation issues. Her office is located at 2047 Locust St. in an historic brownstone. She can be reached at 215-563-7776 or at frc@fayerivacohen.com

Inspiring Philosophy: Delayed Choice Quantum Eraser Experiment Explained

Saint Peter instructs believers to “[a]lways be prepared to make a defense to any one who calls you to account for the hope that is in you, yet do it with gentleness and reverence’ (1 Peter 3:15). Over the course of its existence, the Church has called the process of explaining, arguing for, and/or answering questions about, the Christian Faith apologetics (see here). Apologetics is defined as the religious discipline of defending religious doctrines through systematic argumentation and discourse. Someone who engages in apologetics is an apologist.

Perhaps my favorite apologist on Youtube is Michael Jones who creates videos for the channel Inspiring Philosophy. I find his work engaging, his arguments sound, and the topics he covers broad and interesting. As a result, I have decided to post his videos here and, as I usually do for these sorts of things, I will keep a running list of links to prior videos with each post of a new video.

Past videos:

Please be edified by this video:

More red-light cameras are coming to Philly streets, including one by the Rocky statue

I have been writing in opposition to traffic cameras for a few years now (you can find all of my articles and posts on traffic cameras here).  They are consistently controversial and violative of basic rights as described in the article below.

__________________________________

Red-light enforcement cameras now guard 34 intersections in the city and more are due to be installed soon, including one near the world-famous Rocky statue, the Philadelphia Parking Authority said in its annual report on the program.

Overall, the cameras issued 267,686 tickets for running red lights in the 2022 fiscal year, which ended June 30 — an increase of 25% compared with the same period the previous year, PPA said.

Growing traffic volume as pandemic restrictions recede as well as the December addition of cameras at two intersections likely account for the uptick, officials said. They said violations tend to drop over time at longer-established sites. Violations result in a $100 fine — but no points against a license — for motorists caught on camera driving through a red light.

“We are a public safety agency too,” said Beth C. Grossman, chairwoman of the Parking Authority. The red-light cameras are “really about saving lives and changing driver behavior,” she said.

In addition to the camera near Rocky, at the intersection of Eakins Oval and Kelly Drive, PPA plans to install red-light cameras at three other places by January: 58th Street and Baltimore Avenue, North Front Street and Hunting Park Avenue, and North 20th Street and John F. Kennedy Boulevard.

City Council and the mayor must approve the placement of each automated red-light enforcement device. Sites are chosen by PPA in consultation with city transportation officials after detailed safety studies.

The Philadelphia Parking Authority currently operates red-light cameras at 34 intersections, and is scheduled to install cameras at four more intersections in the coming year. Residents and political leaders have requested safety studies for red-light cameras at 53 additional intersections.

Residents and political leaders have requested red-light enforcement cameras at 53 intersections in neighborhoods throughout the city, PPA said in the report.

But there also is pushback against automated enforcement of red-light violations or speed limits from many motorists, who consider the programs purely revenue-makers for city and state governments. They also point to instances where cameras have been improperly calibrated, sometimes resulting in erroneous fines.

Independent research has found that red-light cameras have decreased crashes in some respects, especially side-impact or “T-bone” crashes, at intersections but not in others. For instance, there is some evidence of an increase in dangerous rear-end crashes, presumably from drivers stopping quickly to avoid a ticket.

“Pennsylvania has one purpose with automated traffic enforcement, to blanket the state with these devices and make money from mostly safe drivers,” James Sikorski Jr., the state advocate for the National Motorists Association, said in an interview earlier this year.

PPA says that logically, a reduction in violations makes roads safer, citing experiences with red-light cameras on Roosevelt Boulevard, where they have been in place the longest.

The authority, an arm of the state, runs the red-light program and also operates speed cameras on Roosevelt Boulevard. The two safety measures were authorized by the legislature in 2005 and 2020, respectively.

After subtracting the expenses of running the red-light program, PPA sends the money to PennDot for traffic-safety project grants. Last year, the authority collected $23 million in red-light violations and sent $15.5 million to the state.

Last year, money was distributed to 22 municipalities to fund 28 safety projects across the state, including in Bucks, Montgomery, and Delaware Counties. Philadelphia got $6.5 million for protected bike lanes, intersection revisions, bus boarding islands, and other safety improvements.

“It’s not this ‘money grab,’ ” said Corinne O’Connor, deputy executive director of PPA. “It’s being put back into the roads and making them safer.”

By Thomas Fitzgerald and published in The Philadelphia Inquirer on September 16, 2022 and can be found here.

Christian University Trustees Sued Over LGBTQ Hiring Policy

This is from religionclause.blogspot.com which you can find here:

Suit was filed this week in a Washington state trial court against six members of the Board of Trustees of Seattle-Pacific University challenging the University’s policy of refusing to hire LGBTQ faculty or staff if they are in a same-sex marriage or a same-sex relationship.  The complaint (full text) in Guillot v. Whitehead, (WA Super. Ct., filed 9/11/2022), brought by a group of students, faculty and staff, alleges breach of fiduciary duty, fraud, negligent misrepresentation and interference with contractual relationships. It contends that “rogue” members of the University Board of Trustees have misled other Board members about the vote necessary to eliminate the hiring policy. The University, which was founded by the Free Methodist Church of North America, defines itself as a Christian university. One-third of its board members and its president must be members of the Free Methodist Church. The complaint alleges in part:

1. This case is about six men who act as if they, and the educational institution they are charged to protect, are above the law.

2. They are powerful men who use their positions, as trustees of Seattle Pacific University (“SPU”), to advance the interests of a religious denomination at the expense of the students, alumni, staff, and faculty of the university….

102. SPU is a university in crisis, stemming from the abusive leadership of entrenched interests who usurped control of the BOT to place it in service of sectarian-motivated LGBTQ+ discrimination….

AP reports on the lawsuit.

You can learn more about this issue here.

Inspiring Philosophy: Believing in Free Will is Better

Saint Peter instructs believers to “[a]lways be prepared to make a defense to any one who calls you to account for the hope that is in you, yet do it with gentleness and reverence’ (1 Peter 3:15). Over the course of its existence, the Church has called the process of explaining, arguing for, and/or answering questions about, the Christian Faith apologetics (see here). Apologetics is defined as the religious discipline of defending religious doctrines through systematic argumentation and discourse. Someone who engages in apologetics is an apologist.

Perhaps my favorite apologist on Youtube is Michael Jones who creates videos for the channel Inspiring Philosophy. I find his work engaging, his arguments sound, and the topics he covers broad and interesting. As a result, I have decided to post his videos here and, as I usually do for these sorts of things, I will keep a running list of links to prior videos with each post of a new video.

Past videos:

Please be edified by this video:

YesSource: Yes Live in London, 6/21/22

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

The American Way

                Ben Steverman recently published an article with Bloomberg News which concluded that Americans are addicted to their jobs. Steverman stated that compared to workers elsewhere in the world, Americans work more hours,, retire later , and take fewer vacation days. A comparison with European workers finds that the average worker in Europe works 19% less than their American counterpart. That translates to about 258 hours a year and about an hour less each weekday. In sum, American workers work about 25% more than Europeans. Also, more people over age 65 are working than at any other time in the last 50 years.

                Of course, these statistics vary by country, with Swiss work habits being similar to those of Americans, whereas Italians work 29% fewer hours a year than Americans do. Theories for these differences include 1) that American workers feel that their efforts will pay off in the form of promotions and income; 2)that comparatively high European taxes reduce the incentive of Europeans to work harder; 3) that Europe’s stronger labor unions control the number of hours that employees are permitted to work, or their ability to move forward in their jobs; and 4) that generous pensions decrease the incentive for older employees to work as hard or as long. 

                As early as the 1970’s there was no difference in the hours worked between Americans and Europeans, so the change in circumstances is interesting, and I feel has much to do with American culture, self-esteem of workers, and the need to keep up with the Joneses.

                Having traveled to Europe many times, at least from my experience, workers seem more relaxed. In Rome I have noticed that co-workers often leave their buildings a couple of times a day for coffee and snack breaks. I rarely have disagreements with people in Europe because people are not giving me attitude. Back home I often have many disagreements each day because the law is an adversarial process, and people in this area have attitude.

                Although the European economy is slowing, and even faltering, there are lessons to be learned about the quality of life as lived in Europe compared America. We all know that America is a great country, yet with freedom comes responsibility. One of those responsibilities is to treat each other in a civil fashion. That lesson seems to have gotten lost in America. This lack of civility carries through into our personal and business lives. This lack of civility has carried through into this Presidential election year. Watching the debates makes one feel as if we are being slimed. It is hard to believe that vicious things are being said by so many people involved in the election process, and that courtesy between the sexes has disappeared. This lack of civility by our governing officials is shocking and embarrassing, and has seeped through to citizens in general. Our children have lost their role models, and what can one say to them when the people who boast of their superiority and believe themselves capable of leading our great country seem to wallow in the mud.

                So, I think we should all vow to be a little more civil to each other, to not get caught up in the general election hysteria, to not give the media the attention it craves, to decide that we need to enjoy our lives a little more, and to not worship at the alters of ego and money. Good luck to us all, as we will need it to be stalwart in the days that lie ahead after the election.    

_________________

Faye Riva Cohen, Esquire is the founder and managing attorney of the Law office of Faye Riva Cohen, P.C. in Philadelphia, PA. She writes a blog called “Tough Lawyer Lady.” She represents clients in labor, discrimination, family law, real estate, and estate litigation issues. Her office is located at 2047 Locust St. in an historic brownstone. She can be reached at 215-563-7776 or at frc@fayerivacohen.com

Post Navigation