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Archive for the tag “government”

Family Law Tip: Sole Legal Custody

I post some tips regarding family to my Linkedin page (see here) from time to time, and I thought I should start sharing them here too. Below is one of my family law tips, and you can read my articles on family law here and other posts on family law here and all are cataloged here.

 

Court Rejects Free Exercise Defense To Infliction of Emotional Distress Claim

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

In Lawrence v. Treybig(TX App., June 20, 2019), a Texas state appeals court affirmed a trial court jury’s award of nominal damages and a permanent injunction against Arthur Lawrence who had been hired by a wealthy family as a basketball coach for their son, Cody Treybig, when he was nine years old. Lawrence remained in that position for six years during which time he convinced Cody of Lawrence’s paranoid religious views:

Lawrence … told Cody that Jimmy Treybig, Cody’s father, was a high-level member of an evil society called the Illuminati; that Cody’s school, his hometown of Austin, and colleges in general were full of evil Illuminati members; that the rapture was imminent; that Cody’s parents intended to have an RFID5 chip implanted into Cody’s body, which would damn him to hell; that the RFID chip would control Cody’s mind and would contain cyanide that could be used to kill him if he resisted; and that Cody’s parents and brother hated him and were evil.

In the suit against Lawrence for intentional infliction of emotional distress, the court rejected Lawrence’s free exercise defense:

Lawrence argues that the jury could not determine whether his conduct was extreme and outrageous without weighing the veracity of his religious beliefs and that the trial court therefore should have dismissed Cody’s claims. However, whether Lawrence’s views are sincerely held or whether he believed that he was helping to save Cody from damnation is irrelevant under the facts of this case, in which Lawrence’s conduct, no matter its motivation, was extreme and outrageous.

The court affirmed the award of damages of $4 and an injunction barring Lawrence from coming within 1,000 feet of Cody or contacting Cody or his family.

You can learn more about this issue here.

Texas Governor Signs “Save Chik-fil-A” Law

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

On Monday, Texas Gov. Greg Abbott signed into law S.B. 1978 (full text) which prohibits any governmental entity in Texas from taking adverse action against any person because of the person’s affiliation, contribution or support for a religious organization. According to KXAN News:

The bill was brought forward by Republicans after San Antonio City Council voted in March to exclude Chik-fil-A from having airport concessions in their city because of the fast-food chain’s owners’ record on LGBT issues, specifically over donations to the Fellowship of Christian Athletes, the Salvation Army, and a George youth home; whose leaders advocate for marriage to be between one-man and one-woman.

The law has become known as the “Save Chik-fil-A bill.”

You can learn more about this issue here.

Feds Settle Suit With Old Order Amish Woman Over Photo In Residency Application

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

According to the Indy Star, government agencies have settled a lawsuit brought by an Old Order Amish couple.  Under the settlement, the wife will be able to become a permanent U.S. resident without submitting photos of herself in the application for residency. She will also be able to cross the border without photographic identification.

You can learn more about this issue here.

Senior Community Management Sued Over Ban on Bible Study Groups and Public Prayer

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

A lawsuit was filed this week in a Virginia federal district court by a retired pastor and his wife against a senior living community where they lived.  The complaint (full text) in Hauge v. Community Realty Company, Inc., (ED VA, filed 5/21/2019), alleges that the community’s management discriminated against plaintiffs on the basis of religion by acceding to demands of other residents to bar plaintiffs’ followers from publicly saying grace before their meals, and prohibiting plaintiffs from hosting Bible Study anywhere in the living complex.  The suit contends that management’s actions violated federal and state fair housing laws.  First Liberty issued a press release announcing the filing of the lawsuit.

You can learn more about this issue here.

Court Rejects Christian Adoption Agency’s Challenge To Anti-Discrimination Regulation

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

In New Hope Family Services v. Poole, (ND NY, May 16, 2019), a New York federal district court rejected a constitutional challenge by a Christian adoption agency to New York’s anti-discrimination provisions. Regulations of New York’s Office of Children & Family Services prohibit adoption agencies from discriminating, among other things, on the basis of sexual orientation, gender identity or marital status. New Hope Family Services will not place children with same-sex couples or with unmarried couples. Inquiries from such couples are referred to other agencies. The court rejected New Hope’s contention that the regulation violates its free exercise rights because it was adopted to target faith-based agencies.  Instead, the court found that the regulation “is facially neutral and generally applicable, and that it has been neutrally and generally applied in this case….” The court also rejected New Hope’s free speech and equal protection challenges to New York’s regulation. In a press release, ADF said that the decision is likely to be appealed.

You can learn more about this issue here.

Kanye and Collins: Shredded by Intersectionality

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in Splice Today by my old philosophy professor Dr. Crispin Sartwell from back in my Penn State days which, I thought, was pretty insightful. Be edified.

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A lot of people who assert that Kanye West has gone mad are also angry at him, which lands him in the worst of all possible worlds: held not to be responsible for his actions by the very same people who are blaming him. I’ve been there, brother. But Kanye is being ripped apart by forces larger than insomnia. He’s like the Jesus of intersectionality, crucified for our sins on the cross of fallacious reasoning. The problem isn’t that Kanye makes no sense—though he doesn’t—it’s that everyone talking about Kanye make no sense either. The Sufferings of Kanye have been sent to us as a message from God: if you don’t generate a coherent way of thinking about race, gender, and politics, I’m going to come over and smack you.

Sen. Susan Collins has been tacked to the same wretched cross, which defines a four-box grid: male, female, minority, white. That’s the menu from which we each get to pick who we are, because it’s as many identities as political consultants can keep in their heads simultaneously.

People find a lot of ways to say “race traitor” and “gender traitor” without saying it, and now Kanye knows what it feels like to be a wigger in the whitebread suburbs, and Collins what it’s like to be a drag queen. But though Kanye betrayed his politically-unanimous race—because Donald Trump is a racist—he kept faith with his politically-unanimous gender, because Trump’s also a sexist. The people most outraged by Kanye are also those (Michael Eric Dyson, for example) who believe that a progressive future is demographically inevitable, because of a growing coalition of women and minorities. But that inspiring coalition includes one half of Kanye West (and for that matter one half of Dyson and Collins) and excludes the other.

The American political spectrum is largely collapsing into demographics: it’s not defined by what you believe, but skin-tone and gonads, and both sides are engaged in internal gender cleansing. This is one of the things you identitarians had better talk about when you talk about “intersectionality”: people like Kanye and Collins—black men and white women—have intersectional identities alright, identities that land different bits of themselves on different sides of the political spectrum. No wonder they seem a bit bewildered.

On this way of thinking, the inmost identity of each of us is a simple matrix of group memberships. But only half of Kanye’s identity is invited to the progressive party. The minority member should be piping up while the man quiets down and listens to the people he’s oppressed. That’s how you get the Kanye we saw in the Oval, or the Collins we saw address the Senate: several people at once or no one at all. Identity politics as currently conceived confronts us all with a fateful question: is Kanye blacker than he is male, or more male than he is black? Perhaps some sort of DNA test could help with this?

What’s remarkable is that Kanye is conscious of this, and he explains his own support for Trump directly as a matter of gender.

West: “You know, they tried to scare me to not wear this hat—my own friends. But this hat, it gives me—it gives me power, in a way. You know, my dad and my mom separated, so I didn’t have a lot of male energy in my home. And also, I’m married to a family that—(laughs)—you know, not a lot of male energy going on. It’s beautiful, though. But there’s times where, you know, there’s something about—you know, I love Hillary. I love everyone, right? But the campaign ‘I’m with her’ just didn’t make me feel, as a guy, that didn’t get to see my dad all the time—like a guy that could play catch with his son. It was something about when I put this hat on, it made me feel like Superman. You made a Superman. That was my—that’s my favorite superhero. And you made a Superman cape.”

Then on to the “hero’s journey” and “dragon energy”: straight out of the “men’s movement” circa 1986.

The gender gap right now is running at an all-time high of around 30 percent. It’s going to be something when we have pure gender parties, or straight-up politics of the playground: boys against girls. But then, if the same party that represents all the men also represents all the white people, and the same party that represents all the women represents all the members of racial minority groups, what are Kanye or Collins to do?

Our politics appears to be breaking down into two race/gender coalitions, which is a remarkable development, among other things, for how disgusting it is. But the good part is that the politics it describes is impossible, because it not only separates us from one another, but separates many of us from ourselves. It’s evil, but it’s also silly, so I suppose we just have to watch it play out.

I’d expect no wave in the midterm elections; if you ran a computer model on this incoherent way of understanding the electorate, it would show a stalemate in perpetuity. The greater the proportion of minorities, of course, the greater the proportion of minority men, who may well respond to dragon energy and hero’s journeys. More women in the Senate may well mean more white women in the Senate.

So while we may bemoan the incoherence of identity politics as it emerges from both sides now, we can celebrate that incoherence too, for even if identity politics wins, it loses.

This article can be found here.

 

NBI SEMINAR MATERIALS: Traditional Ways to Manage Unemployment Compensation Costs

I  had the great opportunity to lead (perhaps “teach”) a continuing legal educationseminar hosted by the National Business Institute.  The subject was “Human Resource Law From A to Z” and I had opportunity to speak on Unemployment Compensation.  I was joined by other capable attorneys who each had their own topics to present.

Although NBI published the materials, I retain the ownership of the portions I wrote, which I will post here in this blog.

Copied below are the materials I wrote for the section entitled “Traditional Ways to Manage Unemployment Compensation Costs.”

Thanks!

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Traditional Ways to Manage Unemployment Compensation Costs

Many employers appear to be under the impression that since they pay unemployment compensation through mandatory taxes, there is little they can do to manage their unemployment compensation costs.  The fact is, however, is that there are a few ways to manage unemployment compensation costs.

The first, and most basic, way an employer can manage unemployment compensation costs is to contest a claim for benefits.  For example, if a claimant is found to have voluntarily quits his employment or commits willful misconduct (see above), the employer is not charged for the benefits, however employers must be proactive at every step – specifically contesting a claim, submitting its forms in a timely fashion to the Department of Labor, appealing an adverse determination and/or attending a referee’s hearing – in order to ensure, to the best of its ability, that it is not charged for benefits.  To that end, providing the Department of Labor complete paperwork, a full description of the cause of the employee’s separation from employment, and supplying additional information as it becomes available is a must.  Similarly, employers are given notice by the Department of Labor of their employees’ base period wages, which can also be appealed in order to avoid an award of benefits being charged to their account.  Being sure to attend all hearings, submitting all documents within time allotted, and appealing adverse decisions can all help reduce costs.

An employer’s tax rate for unemployment compensation depends on the the number and frequency of successful claims for benefits, therefore, successfully contesting benefits can help reduce the applicable tax burden.

If a claimant is successful in securing benefits, an employer may be eligible for relief from being charged for the claimant’s benefits if it properly files for it.  An employer may be relieved of charges if, for example, the claimant was terminated for cause or voluntarily quit, or if the claimant became unemployed due to natural disaster, and/or the claimant is self-employed,

There are also some every day strategies and policies which can be implemented to help manage unemployment compensation costs.

  • First, being diligent and careful about who one hires, and ensuring a good work environment, helps ensure employees will have longer terms of employment, and less need for benefits. Relatedly, be liberal about offering leaves of absence as this also reduces the odds of employees quitting.  Keeping turnover to a minimum is the goal.  When employees are terminated (for whatever reason), it may be advisable to conduct an exit interview to document the reason for termination.
  • Second, it is vital to maintain complete and detailed employment records. These records include each and every disciplinary issue, work quality issue, and/or personality issue, and the dates of these issues, the names of all involved, the details of the investigation of these issues, and how they were resolved.
  • Third, an employer should be sure to furnish its employees with a copy of its employment manual/policies (with signed verification of receipt). So doing ensures all of its employees have had notice of what is expected of them, how discipline is applied and enforced, and what the work rules are.

 

Court Properly Applied Neutral Principles In Dealing With Factional Dispute In Church

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

Nelson v. Brewer(IL App., May 10, 2019), involved a dispute between two factions of a congregational church over control of the church, identity of its pastor and control of its property. The appellate court upheld the trial court’s action under Sec. 112.55 of the Illinois Non-Profit Corporation Act appointing a custodian to secure the church’s property and bring the church’s corporate governance documents in to compliance with law. The court also, through a series of orders, provided for selection of a 5-person board for the church. The appellate court said in part:

We find the circuit court in this case properly applied the neutral principles of law as it found both parties have an equal right to PTC property and carefully applied section 112.55 of the Act to remediate the church’s corporate governance. The court specifically refused to issue an opinion as to who is the rightful pastor because that question is religious in nature. Instead the court limited its findings to corporate reorganization by examining PTC’s articles of incorporation, bylaws, other corporate governing documents, the land trust, and pertinent state statutes to resolve the matter.

You can learn more about this issue here.

What an Audacious Hoax Reveals About Academia

Over the past 12 months, three scholars—James Lindsay, Helen Pluckrose, and Peter Boghossian—wrote 20 fake papers using fashionable jargon to argue for ridiculous conclusions, and tried to get them placed in high-profile journals in fields including gender studies, queer studies, and fat studies. Their success rate was remarkable: By the time they took their experiment public late on Tuesday, seven of their articles had been accepted for publication by ostensibly serious peer-reviewed journals. Seven more were still going through various stages of the review process. Only six had been rejected.

In the late 1990s, Alan Sokal, a professor of physics at New York University, began a soon-to-be-infamous article by setting out some of his core beliefs:

that there exists an external world, whose properties are independent of any individual human being and indeed of humanity as a whole; that these properties are encoded in “eternal” physical laws; and that human beings can obtain reliable, albeit imperfect and tentative, knowledge of these laws by hewing to the “objective” procedures and epistemological strictures prescribed by the (so-called) scientific method.

Sokal went on to “disprove” his credo in fashionable jargon. “Feminist and poststructuralist critiques have demystified the substantive content of mainstream Western scientific practice, revealing the ideology of domination concealed behind the façade of ‘objectivity,’” he claimed. “It has thus become increasingly apparent that physical ‘reality,’ no less than social ‘reality,’ is at bottom a social and linguistic construct.”

Next, Sokal sent off this jabber to Social Text, a peer-reviewed academic journal that was, at the time, a leading intellectual forum for famous scholars including Edward Said, Oskar Negt, Nancy Fraser, Étienne Balibar, and Jacques Rancière. It was published.In the eyes of his supporters, what came to be known as the Sokal Hoax seemed to prove the most damning charges that critics of postmodernism had long leveled against it. Postmodern discourse is so meaningless, they claimed, that not even “experts” can distinguish between people who make sincere claims and those who compose deliberate gibberish.

In the months after Sokal went public, Social Text was much ridiculed. But its influence—and that of the larger “deconstructivist” mode of inquiry it propagated—continued to grow. Indeed, many academic departments that devote themselves to the study of particular ethnic, religious, and sexual groups are deeply inflected by some of Social Text’s core beliefs, including the radical subjectivity of knowledge.

That’s why Lindsay, Pluckrose, and Boghossian set out to rerun the original hoax, only on a much larger scale. Call it Sokal Squared.

Generally speaking, the journals that fell for Sokal Squared publish respected scholars from respected programs. For example, Gender, Place and Culture, which accepted one of the hoax papers, has in the past months published work from professors at UCLA, Temple, Penn State, Trinity College Dublin, the University of Manchester, and Berlin’s Humboldt University, among many others.

The sheer craziness of the papers the authors concocted makes this fact all the more shocking. One of their papers reads like a straightforward riff on the Sokal Hoax. Dismissing “western astronomy” as sexist and imperialist, it makes a case for physics departments to study feminist astrology—or practice interpretative dance—instead:

Other means superior to the natural sciences exist to extract alternative knowledges about stars and enriching astronomy, including ethnography and other social science methodologies, careful examination of the intersection of extant astrologies from around the globe, incorporation of mythological narratives and modern feminist analysis of them, feminist interpretative dance (especially with regard to the movements of the stars and their astrological significance), and direct application of feminist and postcolonial discourses concerning alternative knowledges and cultural narratives.

The paper that was published in Gender, Place and Culture seems downright silly. “Human Reaction to Rape Culture and Queer Performativity at Urban Dog Parks in Portland, Oregon” claims to be based on in situ observation of canine rape culture in a Portland dog park. “Do dogs suffer oppression based upon (perceived) gender?” the paper asks.

By drawing upon empirical studies of psychological harms of objectification, especially through depersonalization, and exploring severel veins of theoretical literature on nonphysical forms of sexual violence, this articles seeks to situate non-concensual male autoerotic fantasizing about women as a form of metasexual violence that depersonalizes her, injures her being on an affective level, contributes to consequent harms of objectification and rape culture, and can appropriate her identity for the purpose of male sexual gratification.

Sokal Squared doesn’t just expose the low standards of the journals that publish this kind of dreck, though. It also demonstrates the extent to which many of them are willing to license discrimination if it serves ostensibly progressive goals. This tendency becomes most evident in an article that advocates extreme measures to redress the “privilege” of white students. Exhorting college professors to enact forms of “experiential reparations,” the paper suggests telling privileged students to stay silent, or even binding them to the floor in chains. If students protest, educators are told to

take considerable care not to validate privilege, sympathize with, or reinforce it and in so doing, recenter the needs of privileged groups at the expense of marginalized ones. The reactionary verbal protestations of those who oppose the progressive stack are verbal behaviors and defensive mechanisms that mask the fragility inherent to those inculcated in privilege.

Like just about everything else in this depressing national moment, Sokal Squared is already being used as ammunition in the great American culture war. Many conservatives who are deeply hostile to the science of climate change, and who dismiss out of hand the studies that attest to deep injustices in our society, are using Sokol Squared to smear all academics as biased culture warriors. The Federalist, a right-wing news and commentary site, went so far as to spread the apparent ideological bias of a few journals in one particular corner of academia to most professors, the mainstream media, and Democrats on the Senate Judiciary Committee.

These attacks are empirically incorrect and intellectually dishonest. There are many fields of academia that have absolutely no patience for nonsense. While the hoaxers did manage to place articles in some of the most influential academic journals in the cluster of fields that focus on dealing with issues of race, gender, and identity, they have not penetrated the leading journals of more traditional disciplines. As a number of academics pointed out on Twitter, for example, all of the papers submitted to sociology journals were rejected. For now, it remains unlikely that the American Sociological Review or the American Political Science Review would have fallen for anything resembling “Our Struggle Is My Struggle,” a paper modeled on the infamous book with a similar title.

That too is intellectually dishonest. For one, Lindsay, Pluckrose and Boghossian describe themselves as left-leaning liberals. For another, it is nonsensical to insist that nonsense scholarship doesn’t matter because you don’t like the motives of the people who exposed it, or because some other forms of scholarship may also contain nonsense. If certain fields of study cannot reliably differentiate between real scholarship and noxious bloviating, they become deeply suspect. And if they are so invested in overcoming injustice that they are willing to embrace rank cruelty as long as it is presented in the right kind of progressive jargon, they are worsening the problems they purport to address.It would, then, be all too easy to draw the wrong inferences from Sokal Squared. The lesson is neither that all fields of academia should be mistrusted nor that the study of race, gender, or sexuality is unimportant. As Lindsay, Pluckrose, and Boghossian point out, their experiment would be far less worrisome if these fields of study didn’t have such great relevance.

But if we are to be serious about remedying discrimination, racism, and sexism, we can’t ignore the uncomfortable truth these hoaxers have revealed: Some academic emperors—the ones who supposedly have the most to say about these crucial topics—have no clothes.

By Yascha Mounk and published in The Atlantic on October 5, 2018 and can be found here.

 

 

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