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	<title>serratelli for judge</title>
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		<title>Finding Difficulty To Find Information About Tax Debt Attorneys On The Internet? Forget It Now!</title>
		<link>http://serratelliforjudge.com/finding-difficulty-to-find-information-about-tax-debt-attorneys-on-the-internet-forget-it-now</link>
		<comments>http://serratelliforjudge.com/finding-difficulty-to-find-information-about-tax-debt-attorneys-on-the-internet-forget-it-now#comments</comments>
		<pubDate>Sat, 10 Jul 2010 10:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/finding-difficulty-to-find-information-about-tax-debt-attorneys-on-the-internet-forget-it-now</guid>
		<description><![CDATA[Try looking in the internet, if you are finding information about the tax debt attorneys. This is probably the best resource you can use as it provides you access to the largest collection of information available today. Be careful while browsing through the internet, as the internet can become quite a maze if you do [...]]]></description>
			<content:encoded><![CDATA[<p>Try looking in the internet, if you are finding information about the tax debt attorneys. This is probably the best resource you can use as it provides you access to the largest collection of information available today. Be careful while browsing through the internet, as the internet can become quite a maze if you do not know where to look for. What you need is a direction or at least something to point you in the general direction where you should go. These are some of the places in the internet where you can check out:</p>
<p>1) Online encyclopedias These sites are visited a lot on the internet because of the various types of information that can be received from them. These online encyclopedias are often used by people in search of complete information regarding a certain topic or subject.</p>
<p>If you are looking for information on tax debt attorneys for research purposes, then you can browse one of the online encyclopedias available on the internet today. These online encyclopedias often offer information regarding the various specializations of tax debt attorneys, the techniques that they use to help people and how they can be found. It means, you can actually find out how a tax debt attorney can help you through an online encyclopedia.</p>
<p>2) Listings Many firms prefer to list their contact details in various websites in order to become available to more clients. Searching through these listings for tax debt attorneys can be equated to searching in the yellow pages. Sites like these offer the different contact details of tax debt attorneys under one heading. This can be very suitable especially if you are still trying to make up your mind on which tax debt attorney to hire.</p>
<p>Listings can also be very helpful if you have very little idea of what type of tax debt attorney that you may need. This way, you will be able to explore if a certain firm or tax debt attorney will be able to help you before committing to anything.</p>
<p>3) Company sites If you are interested in a particular firm or tax debt attorney but do not know how to contact them, you should try to find out if they have a website. Most companies realize the fact that the internet has become a very important medium in bringing information to people. Because of this, companies try to advertise themselves through the internet.</p>
<p>4) Web directories People begin their searches using web directories. Using this type of website, a person looking for tax debt attorneys would be able to screen results quite easily. This means that a person looking for tax debt attorneys will be able to remove the ones that he or she does not need and stick to the ones that can help him or her the most.</p>
<p>Web directories are very user friendly. This means that people using these sites to look for tax debt attorneys will have an easy time to go through different processes such as clicking various buttons only to find out that they lead you to dead ends.</p>
<p>This guide will help you get started on your search for tax debt attorneys. By following these tips, you should be able to find the information you need in no time at all.</p>
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		<title>Can An Overheating Computer Cause Personal Injury?</title>
		<link>http://serratelliforjudge.com/can-an-overheating-computer-cause-personal-injury</link>
		<comments>http://serratelliforjudge.com/can-an-overheating-computer-cause-personal-injury#comments</comments>
		<pubDate>Fri, 09 Jul 2010 09:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/can-an-overheating-computer-cause-personal-injury</guid>
		<description><![CDATA[Many malfunctioning or poorly produced products cause personal injury or other problems. Every year, thousands or even millions of such products are recalled, and many lawsuits are filed against companies that cause these damages with their faulty products.
Recently, there have been a few recalls of laptop computers that were overheating and causing fires and other [...]]]></description>
			<content:encoded><![CDATA[<p>Many malfunctioning or poorly produced products cause personal injury or other problems. Every year, thousands or even millions of such products are recalled, and many lawsuits are filed against companies that cause these damages with their faulty products.</p>
<p>Recently, there have been a few recalls of laptop computers that were overheating and causing fires and other personal injuries. So, if you&#8217;re wondering if an overheating computer can cause personal injury, the answer is yes, it absolutely can.</p>
<p>Laptops more than desktop computers are prone to overheating because they have rechargeable batteries that heat up. It is normal for a recharging laptop computer to emit some heat, but sometimes these computers malfunction and get too hot. When this happens, they can cause personal injury when people touch the overheated parts and get burned, or even worse, when they overheat unattended and cause a fire.</p>
<p>One thing you should always do is unplug your laptop computer when you are not home to safeguard against overheating.</p>
<p>Recently, Sony recalled a particular laptop battery because it was overheating and causing fires and personal injuries. The battery was used in Toshiba and Dell computers and was the subject of many newspaper articles during the recall.</p>
<p>If you think you may have been caused injury by an overheating computer, you could possibly sue the company responsible for the problem. If the malfunctioning product cause you personal harm or set a fire that caused damage to your property, you can file a lawsuit for personal injury.</p>
<p>The definition of personal injury is harm that has come to you due the negligence of another individual or entity. In this instance, you would have a very strong case against the manufacturers of the defective computer batteries. The evidence of their negligence is clear &#8212; they shouldn&#8217;t have manufactured batteries that set fires!</p>
<p>In order to best present your case, you should hire an experienced personal injury lawyer. Be sure your legal counsel has experience with personal injury law in your state. Be sure your lawyer has trial experience, even though it would be unlikely that a case such as this would go to trial. Even so, you would want to be confident that a company would settle out of court rather than face an experienced, competent lawyer in a trial. Recalls generate plenty of negative publicity, and a trial would be worse for the manufacturer.</p>
<p>That said, the best situation you could hope for is to never have to deal with a computer that will overheat and cause a fire or personal injury. There is no fool-proof way to avoid this situation, but you can best serve yourself by staying up-to-date with the current information about recalls and defective products. Educate yourself about what is available before making any major purchase, and remember that just because a product is made by a reputable company doesn&#8217;t mean it will be free of defects. Large companies sub-contract a lot of their manufacturing, and are susceptible to poorly-made components. Be smart and inquisitive, and you will save yourself a lot of trouble.</p>
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		<title>Evicting a Tenant -How to Prepare and Present a Three Day Notice to Pay or Quit</title>
		<link>http://serratelliforjudge.com/evicting-a-tenanthow-to-prepare-and-present-a-three-day-notice-to-pay-or-quit</link>
		<comments>http://serratelliforjudge.com/evicting-a-tenanthow-to-prepare-and-present-a-three-day-notice-to-pay-or-quit#comments</comments>
		<pubDate>Fri, 09 Jul 2010 09:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/evicting-a-tenanthow-to-prepare-and-present-a-three-day-notice-to-pay-or-quit</guid>
		<description><![CDATA[In California the statutes are very strictly enforced when it comes to evicting a tenant.  All the &#8220;t&#8221;s have to be crossed and all the &#8220;i&#8221; s have to be dotted.  Any error can cost the landlord, because it could be sufficient for a judge to throw the case out.  The eviction [...]]]></description>
			<content:encoded><![CDATA[<p>In California the statutes are very strictly enforced when it comes to evicting a tenant.  All the &#8220;t&#8221;s have to be crossed and all the &#8220;i&#8221; s have to be dotted.  Any error can cost the landlord, because it could be sufficient for a judge to throw the case out.  The eviction process for a non-paying tenant starts with a demand to the tenant to pay up or leave.  California provides for a means of properly providing this demand, but no matter which method is used it must be in writing.  The demand for payment of rent or surrender of the premises is known as a three day notice to pay or quit.  If the basis of eviction is something other than not paying, then a three day notice to cure of quit must be served.</p>
<p>The three day notice must describe the premises with reasonable certainty.  Meaning there should be a description that identifies the property well enough so the tenant will not be misled, usually a correct address of the rental property including apartment number or unit number, where applicable, is sufficient.  A legal description is not required and would probably be confusing and misleading to a tenant.</p>
<p>The amount of the rent dues must be exact.  Any material error is sufficient to invalidate the notice and therefore the landlord would have to start all over.  A material error is subject to interpretation by the court.  A few cents would not be a material error, but $5.96 would likely be considered to be more than a material error. The three day notice must indicate to who and how payment is to be made.</p>
<p>The three day notice to pay or quit, must also specifically declare a forfeiture of the lease or tenant could regain possession by simply paying rent due.  In areas with rent control the rules differ, but that is another topic that will not be addressed here.</p>
<p>Service of three day notice: A three day notice is considered serious enough that the statutes specify exactly what methods are acceptable.  The three day notice is valid and enforceable only if the landlord strictly complies with the statutorily requirements for service.  These methods are personal service, substitute service, and what is commonly referred to as &#8220;Nail and Mail.&#8221;</p>
<p>Personal service: Personal service is just that, you personally serve the tenant with a three day notice to pay or quit by hand delivering and giving the tenant the three day notice to pay or quit.  Serving by mail, even if a signature is required is not sufficient.</p>
<p>Substitute service.  If the tenant cannot be found at the usual tenant&#8217;s residence  or place of business, the landlord can hand deliver the notice and give the notice to a person residing in the home, if the person has mental capacity and age.  The person has to be at least 18 years of age and should be of sound mind.  After the three day notice to pay or quit is served, a second copy must be sent by mail addressed to the tenant.  Substitution of service is only allowed if the tenant is found at work or at home.   If all the requirements are satisfied, then this is sufficient to meet the substitution of service requirement.</p>
<p>Nail and Mail:  If the tenant cannot be found at home or work, and noone over the age of 18 that is available, then the landlord is allowed to post the three day notice to pay or quit in a conspicuous place on the property rented.  The landlord has to first attempt personal service, meaning the landlord should knock on the door before posting it.  The landlord is also required to give a copy to whoever is residing there and is then required to mail a copy addressed to the tenant.</p>
<p>Once all these steps have been taken the landlord is then required to provide proof of service when filing an unlawful detainer.  This means the landlord fills out and signs a document approved by the judicial council and checks off the proper boxes.  This document along with the unlawful detainer is then filed in court as the first steps to evicting a non-paying tenant.</p>
<p><a href="Http://www.arnoldhernandez.com"></a></p>
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		<title>Corporate Income Tax in Thailand For Thai and Foreign Companies</title>
		<link>http://serratelliforjudge.com/corporate-income-tax-in-thailand-for-thai-and-foreign-companies</link>
		<comments>http://serratelliforjudge.com/corporate-income-tax-in-thailand-for-thai-and-foreign-companies#comments</comments>
		<pubDate>Thu, 08 Jul 2010 08:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/corporate-income-tax-in-thailand-for-thai-and-foreign-companies</guid>
		<description><![CDATA[In Thailand, all of the laws in connection with taxation are governed by the Thai Revenue Code. The Ministry of Finance administers the procedures in connection with tax collections. The government&#8217;s Revenue Department collects taxes under four main categories such as corporate income tax, value added taxes (VAT), stamp duty, and personal income tax.
The country&#8217;s [...]]]></description>
			<content:encoded><![CDATA[<p>In Thailand, all of the laws in connection with taxation are governed by the Thai Revenue Code. The Ministry of Finance administers the procedures in connection with tax collections. The government&#8217;s Revenue Department collects taxes under four main categories such as corporate income tax, value added taxes (VAT), stamp duty, and personal income tax.</p>
<p>The country&#8217;s tax collecting authorities also include the Customs Department, which collects import as well as export duties; the Excise Department, which is responsible for the collection of excise tax; and other local authorities which collects municipal and property taxes. Above mentioned is just a brief info on the taxation system in Thailand. In this article, discussed further in detail is regarding corporate income tax as well as its features and rates.</p>
<p>Corporate Income Tax (CIT) is in the form of direct tax, and is imposed on juristic companies as well as registered partnership firms that are formed under the laws of the country, such as limited partnerships, private limited companies, public limited companies, and ordinary registered partnerships.</p>
<p>Corporate income tax is imposed on both local and foreign companies. It is calculated on the net profit and has to be paid at the end of every accounting period. But, a Thai company is entailed to pay tax on the basis of its worldwide net profit. On the other hand, a foreign company operating in the country is required to pay corporate tax only on the net profit that it has derived from carrying out of the business in Thailand. But, a foreign company would be levied corporate tax on its overall receipts, provided it is engaged in businesses such as international transport business.</p>
<p>Likewise, a foreign company, although it does not have any business in the country, may be imposed corporate tax on its receipts, in case, it derives any kind of income from Thailand, such as, interests, service fees, professional remuneration, and dividend.</p>
<p>Mostly, corporate income tax (CIT) is calculated on the net profit of the company and that too on the accrual basis. While calculation, a company takes into account all revenues derived during an accounting period, and deducts them all of the expenses that have been incurred during an accounting period as per the Revenue Code.</p>
<p>On calculation of corporate income tax, deductible expenses include ordinary and necessary expenses; interest with exception of company&#8217;s funds and interest on capital reserves; taxes, with exception of VAT and CIT paid to Thai government; net losses that have been carried forward from the previous five years; bad debts; wear and tear and depreciation; contributions in connection with provident fund; donations up to 2% of net profit; and entertainment expenses which can be up to 0.3% of the overall receipt however, it should not exceed ten million baths. Further, special rates have been fixed for deductible expenses. For instance, deduction is about 200% in the case of Research and Development expense. Likewise, in the case of job training, it is 150% deduction in connection with its expenses.</p>
<p>Now we will discuss at what rate corporate income tax is deductible. Usually, corporate income tax rate in the country is 30% of net profit. However, rates differ depending upon the nature of tax payers.</p>
<p>For example, in the case of small companies with a paid up capital less than five million baths, corporate income tax rate would be on the basis of below mentioned</p>
<p>- If net profit does not exceed one million baths, then the rate at which corporate income tax would be charged is 15%<br />
- If net profit is more than one million baths and up to three million baths, then CIT rate would be 25%<br />
- In case, the net profit is more than three million baht, CIT rate would be 30%</p>
<p>In the case of companies listed in SET (Stock Exchange of Thailand), the corporate income tax rate would be as follows</p>
<p>- For net profit up to 300 million Baht, the rate would be 25%<br />
- For the balance net profit, the rate is 30%</p>
<p>For companies newly listed in the SET, the rate would be 25% of the net profit. Likewise, in the case of banks that derive profits from IBF (International Banking Facilities), the rate would be 10% of net profit. Corporate income tax rates also vary in the case of foreign companies. For example, For instance, the CIT rate would be 3% of net profit in the case of foreign companies engaged in the business of international transportation. Similarly, the rate is 10% in the case of foreign companies that receive any kind of remuneration or dividend from the country.</p>
<p>Both Thai and foreign companies that carry out businesses in the country are entailed to submit their tax submission form within 150 days from the closing date of their accounting period. During tax submission, tax payment should also be done.</p>
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		<title>Divorced Dads Tips: Winning in Family Court Requires Clarity</title>
		<link>http://serratelliforjudge.com/divorced-dads-tips-winning-in-family-court-requires-clarity</link>
		<comments>http://serratelliforjudge.com/divorced-dads-tips-winning-in-family-court-requires-clarity#comments</comments>
		<pubDate>Thu, 08 Jul 2010 08:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/divorced-dads-tips-winning-in-family-court-requires-clarity</guid>
		<description><![CDATA[DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.
Winning in Family Court Requires Clarity, especially when you are a divorced dad.
The first step to winning in is to clarify and define your goals. [...]]]></description>
			<content:encoded><![CDATA[<p>DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.</p>
<p>Winning in Family Court Requires Clarity, especially when you are a divorced dad.</p>
<p>The first step to winning in is to clarify and define your goals. If you don&#8217;t define your goals, someone else will, and you could end up with results that you probably won&#8217;t be happy with. Remember this: Your child needs you more than ever. Being a winner means making peace for your kids, even when it hurts. So, plan with your end result in mind.  You do have options and you do have rights.</p>
<p>The words Fathers&#8217; rights are not dirty words. Fathers are natural protectors of their children. Men can be good parents, and they have a right to be treated as good parents in the court system. But you have to act that way. People are not what they say, they are what they do.</p>
<p>I have seen really good men and women who struggle to be the best parents they can be under the difficult circumstances of separation, divorce and the costs of enormous legal fees in Family Court. And I&#8217;ve seen plenty who can&#8217;t afford a lawyer.</p>
<p>But ask yourself no matter what gender you are &#8211; don&#8217;t you want to be with your child? Haven&#8217;t we raised the awareness of equality issues to a point where young boys who grew up in the last four decades expect equal treatment? Fathers, once they enter into Family Court, are under constant assault. You need a new set of skills to deal with these problems.</p>
<p>For example, men fail to recognize that when a woman makes the decision to go to Family Court, she didn&#8217;t make it overnight. Usually, she has made it over a long period of time.</p>
<p>The unfortunate ugly truth is this: When you&#8217;re a man served with Family Court papers, you&#8217;re soon to be ex is not &#8220;your best friend&#8221; nor does she need to be rescued from her perspective. If you don&#8217;t understand that and you try to &#8220;rescue her, you could find yourself facing a restraining order.</p>
<p>Find some people who have already been where you are who can explain things to you, who can mentor you, guide you, and coach you. And who have found REALLY GOOD lawyers.</p>
<p>Your children deserve a family at peace. As parents it is your job to provide that. Your child has the right to your love and protection. But also recognize that justice begins in your heart, mind and soul. It&#8217;s not often found at the end of a Family Court judge&#8217;s gavel. Sadly, litigation is part of the equation&#8230;</p>
<p>Never let anyone tell you that you are no longer a parent to your child because you&#8217;re a Dad. The most important part of finding your direction is to find out where you are so that you can begin to move forward.</p>
<p>Be observant enough to recognize when things are going poorly in your relationship with your child&#8217;s mother. Get the help necessary to plan an exit strategy well before Mom out maneuvers you to your child&#8217;s great disadvantage. Act with Clarity; Begin with the end result in mind.</p>
<p>Learn how to wage peace on behalf of your child during great provocation. It&#8217;s an easier skill to acquire when you don&#8217;t deny the reality of your situation. Accept that you have rights too.</p>
<p>During my divorce, I wished for a divorce roadmap. That&#8217;s why we created a weekly telewebcast, to help men like yourself.</p>
<p>If you&#8217;ve lost in Family Court, don&#8217;t give up. There is always hope. You&#8217;ve likely lost because you didn&#8217;t understand that winning requires effectively &#8220;waging peace&#8221; for your children.</p>
<p>If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.</p>
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		<title>How Legal Funding- Lawsuit Funding Helps the Plaintiffs?</title>
		<link>http://serratelliforjudge.com/how-legal-fundinglawsuit-funding-helps-the-plaintiffs</link>
		<comments>http://serratelliforjudge.com/how-legal-fundinglawsuit-funding-helps-the-plaintiffs#comments</comments>
		<pubDate>Wed, 07 Jul 2010 07:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/how-legal-fundinglawsuit-funding-helps-the-plaintiffs</guid>
		<description><![CDATA[Legal funding is cash funding made directly available to the plaintiff before his/her lawsuit comes to its final settlement. It could be advance funding made available before arbitration, a trial or hearing, or it could be funding made available during the appeals process.
It is also called as Lawsuit funding, Law funding, Lawsuit cash funding, Lawsuit [...]]]></description>
			<content:encoded><![CDATA[<p>Legal funding is cash funding made directly available to the plaintiff before his/her lawsuit comes to its final settlement. It could be advance funding made available before arbitration, a trial or hearing, or it could be funding made available during the appeals process.</p>
<p>It is also called as Lawsuit funding, Law funding, Lawsuit cash funding, Lawsuit pre-settlement funding, Lawsuit loan or Legal financing.</p>
<p>If you are a plaintiff involved in a lawsuit, and are represented by an attorney, you may be eligible for a Legal funding or Lawsuit funding on your pending lawsuit settlement.</p>
<p>Usually, the financial hardship of plaintiffs is the result of being injured and not being able to work. As you can understand, if they are not working, it may lead to drastic sudden reduction in income. This situation can cause a serious blow to individuals and their families struggling to survive economically. If they are not getting any salary they cannot pay their monthly bills. These bills may be the direct result of the injury such as medical and rehabilitation costs.</p>
<p>David vs. Goliath: Most of the times legal battle between plaintiffs and defendants is like a clash between David vs. Goliath. Because very often defendants, are represented by attorneys hired by big insurance companies. Even if, law is on your side, deep-pocket defendants can buy time with legal ploys and delays, and manoeuver to frustrate the plaintiffs. They exploit the cumbersome process of law to their legal advantage.</p>
<p>For example, even if a defendant has no legal grounds for an appeal, well-financed defendants can delay settlement of a lawsuit for months or even years or by filing appeal after appeal. Plaintiffs are very often pressured financially, because medical bills and other expenses &#8211; not to mention lost wages &#8211; add up to a budget stretched beyond its limits.</p>
<p>There is a famous saying &#8211; If the misery of the poor be caused not by the laws of nature, but by our institutions, great is our sin.</p>
<p>But here legal funding or lawsuit funding can be a great help. Plaintiff and his attorneys get a timely financial help in form of legal funding at a critical time and now they are ready to negotiate from a position of strength.</p>
<p>Legal Funding is no risk lawsuit funding: For plaintiff it carries no risk.</p>
<p>1. Because application and approval process is free and a good legal funding company will not charge any kind of upfront fees.</p>
<p>2. Legal Funding or Lawsuit funding are non-recourse transactions. Plaintiff pays back only if he/she wins or settles the lawsuit. If the plaintiff does not win their case, they do not owe any money to legal funding company. The money that was advanced by lawsuit funding is not owed. Any fees that may have accrued are not owed. You pay back legal funding only if you win or settle the case. No Win- No Pay Back, Period.</p>
<p>Legal Funding levels the playing field. There is no reason for plaintiffs to settle for less than their lawsuit is worth.  Legal funding or Lawsuit funding is no-risk and a win-win help for plaintiffs involved in lawsuits.</p>
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		<title>The Wrong Way To Solve Crime</title>
		<link>http://serratelliforjudge.com/the-wrong-way-to-solve-crime</link>
		<comments>http://serratelliforjudge.com/the-wrong-way-to-solve-crime#comments</comments>
		<pubDate>Tue, 06 Jul 2010 06:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/the-wrong-way-to-solve-crime</guid>
		<description><![CDATA[The history of criminology will show that punishment of individuals is not a successful method of preventing crime. If it were there ought to be fewer people in jail every year.
On the contrary crime is on the increase. Each year adds to the inmates of nearly every reformatory in this country. There is no justification [...]]]></description>
			<content:encoded><![CDATA[<p>The history of criminology will show that punishment of individuals is not a successful method of preventing crime. If it were there ought to be fewer people in jail every year.</p>
<p>On the contrary crime is on the increase. Each year adds to the inmates of nearly every reformatory in this country. There is no justification for the punishment of a human being unless it is necessary to help him, or (what is more important than to the individual) unless it is necessary to protect society, that is, to best secure to all individuals security of life, property, and the pursuit of happiness.</p>
<p>Any other view would be to admit the doctrine of vengeance as just, wise and humane. What we seek is justice, administered with wisdom, humanity and charity. It is a sad and at the same time important thing that the increase of crime is largely among the youth of this nation. Facts and figures in this respect come almost like blows to remind us of our responsibility, and to suggest our short-sightedness.</p>
<p>It is said that over half the inmates of reformatories, jails and prisons in this country are under twenty-five years of age. Some authorities say under twenty-three. We now know that the seeds of crinrinality in the great majority of cases are planted in youth. The English prison commission recently reported to Parliament that the age of sixteen to twenty was essentially the criminal age, and between ten and sixteen the most important age for the care and formation of character.</p>
<p>The commission reveals that not two in one hundred criminals in London had formed the habits which led to criminality after the twentieth year. There are from three to five times as many children, in proportion to population by ages, arrested every year in the cities of this country as adults. Seventeen thousand under sixteen, it is said, were arrested in Chicago the year before the juvenile court law went into effect. A similar condition may be found in nearly every large city.</p>
<p>Life is the great teacher. All of us have certain experiences that drive home lessons we never should have learned from books, and we shall give pages from the reminiscences of Judge Lindsey and others, as illustrating, better than could any abstract argument, the principles involved. This has been the method pursued by many, the argument against the regime of hate, brutality and violence being enforced at every turn by holding beneath the reader&#8217;s nose, so persistently that he cannot escape the nauseating odor, the filth served up to society in the name of justice.</p>
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		<title>Should You Make A Living Will?</title>
		<link>http://serratelliforjudge.com/should-you-make-a-living-will</link>
		<comments>http://serratelliforjudge.com/should-you-make-a-living-will#comments</comments>
		<pubDate>Mon, 05 Jul 2010 05:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/should-you-make-a-living-will</guid>
		<description><![CDATA[All the newspapers and media channels have been bombarding us with the regular updates on the life of Terri Schiavos family. This incident has become a hotly debated topic in America and also across the world, that has even reached the US Congress. Our legislators have passionately discussed this sensitive issue in detail though there [...]]]></description>
			<content:encoded><![CDATA[<p>All the newspapers and media channels have been bombarding us with the regular updates on the life of Terri Schiavos family. This incident has become a hotly debated topic in America and also across the world, that has even reached the US Congress. Our legislators have passionately discussed this sensitive issue in detail though there has been no consensus on this topic. However, all of this discussion and turmoil could have been avoided with one piece of legal document.</p>
<p>Not many people know about what a living will is, who should be having a living will and what is the document supposed to do. A living will has some advantages though one should also be aware of the details that are not covered by this document. This document is for people who have doubts about how they wish to be treated, especially in case of a serious health condition or incapacitation. The best way of ensuring that your living will is executed is to have a healthcare power of attorney. In case someone becomes incapacitated, this person who has the power of attorney and is a person you trust will make decisions on your behalf on how you should be treated.</p>
<p>In 1996, the US Congress had passed a law known as HIPAA, that warrants the consent of the patient before any information about his or her medical treatment can be passed on to a third party. Because of this legislation, even though you may have executed a living will with due power of attorney, the executor cannot get access to your health records. In absence of the health records, this executor of your living will cannot take informed decisions on your behalf thereby defeating the very purpose of a living will. Because of this law, the hospital or health care provider may not respect your wishes that you had laid out in your will.</p>
<p>A living will can definitely help in respecting your wishes regarding organ donation or life support issues. However, a gray area exists in conditions where the patient may be ill but still has chance of recovery.</p>
<p>So if you are one of those who want to create a living will for yourself or your loved ones, it is advisable to contact a lawyer who can explain the nuances and omissions. You might spend some extra money by engaging a lawyer but you will realize its importance when it really comes to executing the living will.</p>
<p><a href="http://discover-law.com"><br />
</a></p>
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		<title>Online Gambling Gets Shut Down</title>
		<link>http://serratelliforjudge.com/online-gambling-gets-shut-down</link>
		<comments>http://serratelliforjudge.com/online-gambling-gets-shut-down#comments</comments>
		<pubDate>Sun, 04 Jul 2010 04:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/online-gambling-gets-shut-down</guid>
		<description><![CDATA[Internet casinos and sportsbooks have grown immensely in popularity over the past several years. From playing cards to betting on the Super Bowl to playing roulette, you can literally have Las Vegas in the comfort of your own home. However, is it legal to gamble online?
The answer is, yes and no. Currently, the law stipulates [...]]]></description>
			<content:encoded><![CDATA[<p>Internet casinos and sportsbooks have grown immensely in popularity over the past several years. From playing cards to betting on the Super Bowl to playing roulette, you can literally have Las Vegas in the comfort of your own home. However, is it legal to gamble online?</p>
<p>The answer is, yes and no. Currently, the law stipulates that online gambling is illegal, but given the fact that most online casinos continue to operate unfettered, it might seem that it is in fact legal to run an online betting or casino business.</p>
<p>What forms of gambling are available online? Well, you can play poker and other card games, you can bet on sports, or you can play games of chance, such as roulette, craps, etc.</p>
<p>Betting on sports seems like a perfectly legitimate form of online betting &#8211; the computer does not control who wins a pro football game. Games of chance should probably be prohibited. A computerized roulette wheel can easily be fixed, resulting in a few winning bets, but enough losing spins to insure the house wins.</p>
<p>So, of these activities, which ones are legal? According to the Wire Wager Act, betting on sports is the only form of online wagering that is illegal. The Wire Wager Act reads as follows:</p>
<p>&#8220;Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers, or information assisting in the placement of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years or both.&#8221;</p>
<p>This means that it is illegal for American based internet companies to accept bets on sports or other &#8220;contests.&#8221; However, most online gambling enterprises have moved their operations offshore to countries in Central America and other countries around the world. It is common for most of these companies to be incorporated in places like Antigua or the Caribbean islands. PartyPoker, the most popular website for playing poker for money online, is licensed and regulated by the Government of Gibraltar.</p>
<p>Online sportsbooks, often run by Americans offshore, still accept bets from Americans, and this is where the problem arises. Americans are the biggest betters, and most of the income stream for online sports betting comes from American wagers. These companies usually provide wire instructions to the gamblers so that the player can wire money into a pre-funded betting account before they can begin wagering.</p>
<p>So, the question is, is it legal for an offshore company to run their business offshore but still accept bets from the United States, where online sports betting is technically illegal? Yes and no. Theoretically it is illegal, but it is very difficult to compel an online sports betting service to shut itself down if they operate under the laws of a foreign government where it is legal.</p>
<p>It is been very difficult for the Department of Justice to enforce the Wire Wager Act when it comes to offshore companies, and the offshore betting business continues to get bigger and bigger. In 1998, the sum total of all internet wagers was estimated at $600 million, and has grown by 10 or more times that between then and the year 2006.</p>
<p>The Wire Wager Act was upheld when the U.S. Supreme Court, during 2001 and 2002, refused to review the conviction of Jay Cohen, who had been running an internet sportsbook based in Antigua. And, even though the Department of Justice has said in recent years that that the Wire Wager Act also declares online casino games, not just sports betting, to be illegal, the Federal Appeals Court has ruled that that interpretation is not correct.</p>
<p>However, in July of 2006, everything changed. On a vote of 317-93, the U.S. House of Representatives voted to ban financial payments to offshore casinos as part of the The Unlawful Internet Gambling Enforcement Act of 2006 H.R. 4411. The legislation also compels banks and credit card companies to cut off payments to the estimated 2,300 gambling sites located outside of U.S. jurisdiction. This legislation bans all forms of internet gambling, including card games and sportsbetting.</p>
<p>Ultimately, the U.S. Government is just trying to protect betters from getting screwed by online casinos that accept bets over the internet but do not pay out when someone wins. However, it does not seem fair to allow major casinos that operate in Las Vegas and Atlantic City to have a monopoly on the betting industry.</p>
<p>Online casinos and sports betting over the internet should be permitted. The United States simply needs to implement a system whereby the online casino industry is regulated, making it mandatory for these companies to disclose the details of their operations and apply for a casino or sportsbook license.</p>
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		<title>Whistleblowers Have Powerful Laws On Their Side</title>
		<link>http://serratelliforjudge.com/whistleblowers-have-powerful-laws-on-their-side</link>
		<comments>http://serratelliforjudge.com/whistleblowers-have-powerful-laws-on-their-side#comments</comments>
		<pubDate>Sat, 03 Jul 2010 03:00:00 +0000</pubDate>
		<dc:creator></dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://serratelliforjudge.com/whistleblowers-have-powerful-laws-on-their-side</guid>
		<description><![CDATA[Those who report fraud, known in legal terms as &#8220;relators&#8221; and commonly as whistleblowers, have some of the most powerful and effective laws in the country on their side.
Whistleblowers may identify and report actual theft, false claims, over billing, up coding, unbundling, kickbacks, false certifications, violations of governmental regulations, destruction of company records, workplace violence, [...]]]></description>
			<content:encoded><![CDATA[<p>Those who report fraud, known in legal terms as &#8220;relators&#8221; and commonly as whistleblowers, have some of the most powerful and effective laws in the country on their side.</p>
<p>Whistleblowers may identify and report actual theft, false claims, over billing, up coding, unbundling, kickbacks, false certifications, violations of governmental regulations, destruction of company records, workplace violence, safety hazards or unsafe working conditions, environmental concerns, substance abuse, general conflicts of interest, release of proprietary information and other types of fraud or occupational concerns.</p>
<p>Some of the governmental agencies and laws that protect whistleblowers include:</p>
<p>* Americans with Disabilities Act (ADA)</p>
<p>* Civil Rights Act of 1866 (since amended numerous times)</p>
<p>* Federal Equal Employment Opportunity Commission (EEOC)</p>
<p>* Federal False Claims Act</p>
<p>* Occupational Safety and Health (OSH) Act of 1970</p>
<p>Under the OSH Act of 1970, employers may not discharge or in any manner discriminate against any employee because an employee has filed any complaint, or instituted or caused to be instituted, any proceeding under or related to this Act. Additionally, the employer may not terminate an employee who has testified, or is about to testify, in any such proceeding.</p>
<p>Under the Act, an employee who believes that a work hazard exists, whether or not they have filed a claim, has legal protection to refuse to work if all of the following apply:</p>
<p>* The employee faces death or serious injury and the hazard is so clear that a reasonable person would agree with the seriousness of the hazard.</p>
<p>* The situation is so urgent that there is not time to eliminate the hazard through regulatory channels.</p>
<p>* The employee has tried to get the employer to correct the dangerous condition and they have not complied.</p>
<p>OSHA also administers the whistle blowing provisions of thirteen other statutes, protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental and securities laws.</p>
<p>The Federal False Claims Act provides the legal framework for claims alleging fraud against the federal government, and it does several important things for a whistleblower:</p>
<p>* Provides specific protection for the whistleblower from discharge, demotion, suspension, threats or other harassment or discrimination that the whistleblower may encounter due to lawful actions taken in the furtherance of a whistleblower claim, if the employee is still works for the employer.</p>
<p>* Provides for filing a whistleblower complaint under seal, which means that no one other than the government, not even the defendants alleged to have committed the fraud, can know of the complaint until after the government has investigated the claims.</p>
<p>* Allows the whistleblower to share in the government&#8217;s successful recovery, from 15% and up to 25% of the entire recovery, in some cases.</p>
<p>Eleven states and the District of Columbia also have their own false claims acts that closely resemble the Federal Act.</p>
<p>Whistleblower laws allow for the contingent fee representation of whistleblowers. The Federal False Claims Act also provides that a whistleblower&#8217;s attorney&#8217;s fees be paid by the entity that committed the fraud in the event of a government recovery. Therefore, there are no costs/fees/expenses to the employee if the case is successful.</p>
<p>Anyone who knows of fraud against the government can become a whistleblower. Typically, individuals who know about fraud are employees or former employees of the companies committing the fraud these individuals often have the best evidence to support their knowledge.</p>
<p>There can only be ONE whistleblower claim based on certain information. The first to file based on specific information about a particular fraud preempts other whistleblowers and their claims. In addition, an employee cannot bring a whistleblower complaint if information about the fraud becomes public before bringing a claim.</p>
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