Social law – Kenaf Society http://kenafsociety.org/ Thu, 21 Oct 2021 02:48:39 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 http://kenafsociety.org/wp-content/uploads/2021/10/cropped-icon-32x32.png Social law – Kenaf Society http://kenafsociety.org/ 32 32 How Arizona’s New Law Makes Native American Students “Visible” http://kenafsociety.org/how-arizonas-new-law-makes-native-american-students-visible/ http://kenafsociety.org/how-arizonas-new-law-makes-native-american-students-visible/#respond Thu, 21 Oct 2021 02:07:03 +0000 http://kenafsociety.org/how-arizonas-new-law-makes-native-american-students-visible/

A bill promoting visibility among Native American students by allowing them to feel heard during their graduation ceremonies was passed in April.

HB 2705 prohibits schools from establishing a dress code policy that prohibits students from wearing tribal badges or items of cultural significance during a graduation ceremony.

It was added to previous legislation allowing students to wear cultural accessories during extracurricular activities.

State Representative Jasmine Blackwater-Nygren District 7 took the initiative to pass the bill after assuming the post of state representative, Arlando Teller, who had originally sponsored it.


READ ALSO: Here’s how Ramona Farms keeps Native American culture alive


The subject of the bill emerged after a student in the Dysart school district was turned away upon graduation in 2019 for decorating her cap with tribal insignia, according to Blackwater-Nygren.

“It was extremely disappointing and frustrating for this student and his family,” said Blackwater-Nygren.

While Native Americans have the lowest high school graduation rates of any minority, Blackwater-Nygren said graduation ceremonies are a milestone for Native students.

She said graduation ceremonies give Indigenous students the opportunity to showcase the strength of their culture.

“Wearing badges shows a sense of pride and resilience that is embedded in our cultures, that has survived assimilation attempts and genocide,” said Blackwater-Nygren.

Sumaya Quitugua is the secretary of the Phoenix Indian Youth Council, representing indigenous youth as a student at Perry High School. Quitugua has seen videos and photos on social media of students happy to receive their diplomas and of students deprived of their diplomas due to the dress code.

She said they wore their badges, feathers or a handprint on their face, which depicts missing and murdered Indigenous women.

“When we wear our clothes, it is we who use our voices without having to say a word,” said Quitugua.

Tribal clothing cannot be purchased from H&M or Ross, Quitugua said. Jewelry and badges are passed down from generation to generation.

“It strengthens me,” Quitugua said. “A lot of my jewelry comes from my grandmother and my great-grandmother who are very strong women. “

Native American scholar Lynnann Yazzie works for the Phoenix Union High School District, which includes 21 high schools. She oversees the Native American education program.

NAEP provides assistance to Native American students in a district of about 1,300 Native students and more than 50 different tribes represented among students and staff, according to Yazzie.

“Knowing that we have so many students and staff in our district, we wholeheartedly support our students being able to express their identities,” Yazzie said.

Yazzie said it’s damaging for students to be told they can’t wear their eagle feather or pearls on their caps.

“It makes it seem like a part of them needs to be hidden when it’s something that should be celebrated,” Yazzie said.

She said she noticed an overall invisibility among Native Americans, as demographics rarely provide numbers on Native Americans and instead lump them into an “other” category.

“Our district is working more on this visibility and has encouraged students to wear their badges,” said Yazzie.

If students know they can show their identity without getting in trouble, Yazzie said it can lead to their own pride “when you feel invisible in a school system.”

While Arizona school districts are made up of a wide range of diverse student race, religion, sexual orientation and gender, Yazzie said legislation like this is key to preventing schools to prohibit the expression of this diversity.

“I would love to see every school in every district celebrate the diversity they have in their schools,” Yazzie said.

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Saudi Arabia: Postal law violators face fine of up to SR 5 million http://kenafsociety.org/saudi-arabia-postal-law-violators-face-fine-of-up-to-sr-5-million/ http://kenafsociety.org/saudi-arabia-postal-law-violators-face-fine-of-up-to-sr-5-million/#respond Tue, 19 Oct 2021 23:53:19 +0000 http://kenafsociety.org/saudi-arabia-postal-law-violators-face-fine-of-up-to-sr-5-million/

The accused, who had pleaded not guilty, will be deported at the end of his sentence.
Image Credit: Agency

Dubai: Violators of Saudi Arabia’s Postal Law and its executive regulations will face heavy fines of up to SR 5 million, local media reported.

Anyone who violates the provisions of the law and its regulations will also be subject to other punitive measures apart from heavy fines.

The sanctions include the suspension of the service of the establishment implicated in the infringement; suspension of the license or part of it for a period not exceeding three years, and revocation of the license.

A fine will be imposed for each day of infringement if the offender continues to commit the infringement after being informed of the decision of the committee concerned. The fine will also be doubled in the event of a repeat offense during the year.

By law, it is mandatory for courier and parcel transport service providers to keep in their custody postal items and packages containing materials classified as prohibited or items that violate public order or infringe public order. reputation and security of the country, and they must inform the relevant authorities about it.

Courier and parcel service providers should also keep postal documents and parcels in their custody in the event that a competent government agency has approached them with an official request in this regard on the grounds of maintaining security or public interest.

According to the provisions of the law, it is also obligatory for the service providers to keep the postal material in case of impossibility of delivery. At the same time, the beneficiary has the right to inquire about the status of the postal items dispatched within a specified period.

There are also provisions in the law according to which if someone has received a postal item or a parcel which does not belong to him, or has received it in violation of the provisions of the law or the implementing regulations, he must immediately inform the service provider and the equipment will be collected from him. The service provider must then send the material to its original owner.

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New York prosecutors on mission to restore judicial discretion to bail law | Local News http://kenafsociety.org/new-york-prosecutors-on-mission-to-restore-judicial-discretion-to-bail-law-local-news/ http://kenafsociety.org/new-york-prosecutors-on-mission-to-restore-judicial-discretion-to-bail-law-local-news/#respond Tue, 19 Oct 2021 01:41:19 +0000 http://kenafsociety.org/new-york-prosecutors-on-mission-to-restore-judicial-discretion-to-bail-law-local-news/

ALBANY – Otsego County District Attorney John Muehl has said criminal justice policy in New York is now so pro-defendants that he has canceled plans to run for office at the end of his current term in December 2023,

“They made it almost impossible for me to do my job,” Muehl said of Albany lawmakers on Monday when contacted at his Cooperstown office on Monday by CNHI. “For the first time in my life now, the criminals have the upper hand.”

Former New York State District Attorneys Association president David Soares, chief prosecutor for Albany County, said Muehl was not the only public safety advocate who believed the “criminal justice pendulum “had gone too far.

Changes to New York’s bail laws, enacted under former Gov. Andrew Cuomo, have restricted the ability of judges to consider public safety impacts when deciding bail issues in criminal charges.

Soares said district attorneys in the next legislative session will try to convince lawmakers to restore the authority of judges to set bail for people they believe pose a risk to local communities.

“I really think it’s going to be an uphill battle,” Soares said. But he said the recent victory of Brooklyn Borough President Eric Adams in the New York mayor’s Democratic primary sent a message that voters support policies that promote public safety.

Adams, an African American and retired New York City police officer who appeared on a public safety platform, garnered support from many black voters, Soares said.

“The black vote spoke volumes,” said Soares, a New England native of Cape Verdean descent. “People watch the elections to assess where the electorate is and where the electorate is: we want security. We want better police quality and we want transparency and fairness in the system. ‘they don’t want, it is this hands off police that have allowed criminals to control the streets. “

As the progressive agenda has become more and more influential at State House, Soares said: “I try to keep an open line of communication with the Assembly and share with them the experiences on the front lines” of the criminal justice system.

In a legislative hearing last week on gun violence, MP Latrice Walker, D-Brooklyn, defended ending the cash bond for numerous offenses and argued that police officials were misleading the public into error in asserting that the changes in the law on bail had led to the reoffending of many people. shortly after their release by the judges on their own engagement.

Walker said the re-arrest rate for violent crimes is less than half of 1%. “Yet you and your constituency commanders persist in telling New Yorkers that bail reform increases violence in our communities,” Walker told New York City Police Commissioner Dermot Shea.

Walker and other bail reform supporters argue that the practice of jailing people too poor to post bail is a form of pre-trial punishment and uneven application of the law.

“It is possible to maintain public safety while protecting the very sacred constitutional rights this country grants to every citizen equally and fairly.” Walker said.

A spokeswoman for the State Criminal Justice Services Division, Janine Kava, said her agency was working with the State Courts Administration Office to produce a report on law reform on bail in order to meet the January 2 deadline.

Kava said gun crime during the pandemic had increased in communities across the country “with or without bail reform laws.”

Meanwhile, Kava said, overall crime in the state “has remained near the lowest reported levels. Citing only bail reform as the reason ignores the many other factors that have occurred over the past year and so on. half, including unemployment, closures of schools and other essential programs; isolation from family, friends and support systems; and social unrest and anti-police sentiment in communities. “

Providing judges with the ability to set a cash bond based on public safety concerns is also high on the New York State Sheriff’s Association’s 2022 agenda.

Peter Kehoe, the association’s director, said his group “is working to convince lawmakers that they are going in the wrong direction” with legislation dealing with public safety.

Another recent legislative change, preventing authorities from returning parolees to prison for “technical” deviations from the conditions of their release, is now provoking opposition from the Federation of Public Employees, which represents parole officers. conditional state.

Wayne Spence, the union president, told PEF members in a message broadcast Monday that the union was preparing to hold a rally against the so-called “Less is More” parole law.

“Now that it is a law, we will not stop pointing out its flaws and pushing for amendments to mitigate its damaging effects,” Spence said.

In Cooperstown, Muehl linked changes to the bail law to the fact that defendants in three separate drug prosecutions in his county could not be brought to justice because they had run away.

Muehl said he would reconsider his new early retirement plan if lawmakers worked to restore “balance” to the criminal justice system, although he said such a move would be unlikely.

“I don’t think they’re going to go back on what they did,” Muehl, 54, said. The Republican was first elected to the post in 2003 and has another 26 months of his current term. As with all district attorneys, his annual salary of $ 200,000 is set by state law.

He also expressed frustration with an evidence disclosure requirement that he and other prosecutors said could leave cooperating witnesses vulnerable to retaliation.

“When they give criminals preferential treatment over law-abiding citizens, it’s time to hang up,” the veteran prosecutor said.

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Families of Beirut explosion victims return judge under pressure http://kenafsociety.org/families-of-beirut-explosion-victims-return-judge-under-pressure/ http://kenafsociety.org/families-of-beirut-explosion-victims-return-judge-under-pressure/#respond Sun, 17 Oct 2021 04:24:17 +0000 http://kenafsociety.org/families-of-beirut-explosion-victims-return-judge-under-pressure/

The families of the victims of the massive explosion at the port of Beirut last year reaffirmed their support for the judge investigating the explosion on Saturday, despite growing calls for his removal by the militant group Hezbollah and its allies.

The families’ statement was apparently aimed at countering a video posted by their spokesperson on social media on Friday night in which he called on Judge Tarek Bitar to step down. Spokesman Ibrahim Hoteit could not be reached for comment. We did not know if he had made the video under pressure. The families said he did not coordinate with them as usual, and the video took them by surprise. Since the August 2020 explosion, which left at least 215 dead, the families of the victims have assumed an increasingly important role in Lebanon with their demands for accountability. After the explosion, documents emerged that several senior politicians and security chiefs were aware of the hundreds of tons of highly combustible ammonium nitrate stored haphazardly in a warehouse at the port and had done nothing about it. topic. On Thursday, shootings broke out in the streets of Beirut between two camps opposing and supporting the judge in the investigation. Seven people were killed and dozens injured.

The violence erupted during a protest organized by Hezbollah and its ally the Amal Movement, which called for Bitar’s removal from office. Both groups suggested the investigation was moving towards holding them responsible for the explosion. “We, the families of more than 200 martyrs and thousands of injured and hundreds of thousands of people who have suffered damage, have trusted investigating magistrate Tarek Bitar,” the families said.

The statement was released after the families spokesperson demanded in a video that the judge resign because “the situation has turned into a bloodshed of innocent people,” a reference to the violence on Thursday. The spokesperson’s younger brother was killed in the port explosion. Judge Bitar has indicted and issued arrest warrants against Lebanon’s former finance and public works ministers, both close to Hezbollah. Bitar charged the two, along with another former minister and prime minister, with willful murder and negligence which led to the explosion. (AP) RUP RUP

(This story was not edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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Eight smaller law firms that overtake the biggest rivals in Europe http://kenafsociety.org/eight-smaller-law-firms-that-overtake-the-biggest-rivals-in-europe/ http://kenafsociety.org/eight-smaller-law-firms-that-overtake-the-biggest-rivals-in-europe/#respond Fri, 15 Oct 2021 03:31:14 +0000 http://kenafsociety.org/eight-smaller-law-firms-that-overtake-the-biggest-rivals-in-europe/

Aequo

Ukraine
Sustainable development
The company released its first sustainability report in May, anticipating any regulatory requirements to do so in Ukraine. It includes a recording of how the company operates its own business and contributes to the community through volunteer work, and how it advises its clients on integrating environmental, social and governance (ESG) standards into investments and operations. The firm’s chief innovation officer, Kristina Dziadevych, pushes practitioners to work in new ways. These include the introduction of legal design principles to make due diligence reports more user-friendly and the launch of an alternative legal services team that has developed new solutions, such as a case management tool for disputes.


Antas da Cunha Ecija & Associados

Portugal
Intelligent know-how

Under the leadership of partner Nuno da Silva Vieira, the firm has created a legal intelligence service that experiments with offering technological solutions to the challenges facing lawyers. Projects include: exploring smart contracts, where blockchain technology automatically fulfills obligations; a legal augmented intelligence program with technology company IBM; and a knowledge management application that standardizes the firm’s knowledge, thus facilitating the training of junior lawyers.


Dottir

Finland
Lean designers
Helsinki is regarded as the global center of the legal design movement, and Dottir is one of the law firms at the forefront of integrating design principles into legal practice. Focus on the user is a central strategic principle of the company. He used Lean Working Principles, whereby lawyers work iteratively with their clients to achieve a legal solution faster than they otherwise would, building and improving as they go. They also work from user-friendly and accessible documents. This model is particularly effective for start-up finance jobs, and the company manages about half of all start-up financing rounds in Finland.


Ellex

Estonia
Digital movers
Ellex lawyers have seen the benefits of digital thinking in their practice, from using technology to simplify case management, to communicating with clients through social media for a class action lawsuit. Partner Ants Nõmper led a comprehensive response to the challenges that arose from the pandemic, such as advising the Estonian government on policies to promote vaccination and helping to compile guidelines on the distribution of medical resources. Digital expertise has proven invaluable, with Ellex lawyers drafting terms of use for an occupational health provider’s app, helping a medical center set up a digital clinic to host appointments you remotely and helping health technology start-up Certificates launch an application process for national digital. immunity passports.


Goksu Safi Isik

Turkey
Construction platforms

As a specialist in large complex projects for clients such as Istanbul Airport, Goksu Safi Isik has identified an advantage in using digital platforms to manage cases. The firm has a separate tech company called Newmind that has worked closely with lawyers to create a tech platform called Mecellum. This uses artificial intelligence and automation to help with project management, due diligence, and document writing. In addition to developing new products, the additional expertise attracted more talent to the firm and helped it find a niche in Turkish-language AI development for legal technologies.


LCA Legal Studio

Italy
Design at the heart
Partner and serial innovator Marco Imperiale led the creation of a legal design practice within the firm, providing training to clients as well as advice on projects, such as creating privacy policies and others. more user-friendly documents. LCA’s innovation team is experimenting with technological tools such as natural language processing for document searches and blockchain for intellectual property protection applications.


LGN Legal

Poland
Network shops
After launching NGL Legal in 2018, rather than trying to grow the firm in the traditional way – through new hires and acquisitions – Managing Partner Krzysztof Wiater founded NGL Symbio: a partnership between six independent law firms in Europe central and eastern. This alliance spans 50 jurisdictions and communications are shared between firms, allowing clients to go where resources and expertise are, and allowing firms to collaborate when needed. Companies in the network lead joint working groups for practices such as banking and finance and special topics such as cannabis law.


Wiersholm

Norway
Focus on the market
Under the leadership of Managing Partner Morten Goller, the firm has restructured its practice groups by market sector rather than legal practice expertise. Lawyers are trained in mapping legal processes and using the agile methodology to innovate faster on projects, for example by creating a new contract automation tool in collaboration with media client Schibsted. The business development and client development functions have been extended to help the firm build deeper relationships with its clients.

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If the Commission does not act on the rule of law, Parliament will – POLITICO http://kenafsociety.org/if-the-commission-does-not-act-on-the-rule-of-law-parliament-will-politico/ http://kenafsociety.org/if-the-commission-does-not-act-on-the-rule-of-law-parliament-will-politico/#respond Thu, 14 Oct 2021 02:48:49 +0000 http://kenafsociety.org/if-the-commission-does-not-act-on-the-rule-of-law-parliament-will-politico/

Adrián Vázquez Lázara is chairman of the Legal Affairs Committee. Sergey Lagodinsky is vice-chairman of the Committee on Legal Affairs and its permanent rapporteur for contentious issues of the European Parliament.

Our European Union has been built step by step. No architect has proposed a master plan. Instead, this unprecedented project gradually evolved over time, adapting to the challenges but still pursuing its original goal: to preserve peace and stability in Europe.

We have to admit that, despite setbacks and imperfections, this has been a success. Member countries have collectively mitigated a number of political and economic crises with a successful blend of determination and compromise. The results weren’t always perfect, but they were always acceptable to everyone.

The current crisis is of a different nature.

This is a crisis of both European democracy and European efficiency, and it has two consequences that should give us pause for thought: first, the fundamental obligations of the Treaties – the duty to defend democracy, the rights fundamentals and the rule of law – are blatantly ignored by some, at everyone’s expense. Second, and no less fundamental, the EU’s distinctive approach to resolving disputes through the search for compromise has at times proved powerless in the face of this alarming trend.

Last week, the Polish Constitutional Court rejected the primacy of EU law over its national law, and this is not the only example. We seem doomed to see the governments of member countries – once seen as models of democratization – sink into the sewers of authoritarianism and corruption.

This trend is self-defeating for the respective governments and, unfortunately, for the EU as a whole. The EU needs its member countries and the member countries need their union.

Brexit demonstrated how populist propaganda and anti-European sentiment can lead to an economic crisis. That is why even though the governments of Poland and Hungary reject fundamental European values, the citizens of these countries remain committed to the EU and its fundamental principles. After all, membership of the EU implies not only freedom, but also economic and social opportunities, as well as the common power necessary to succeed in a globalized world.

Indeed, for citizens of countries at risk of falling into authoritarianism, the EU is more than a market; they rely on it to protect their rights. And so, we must act.

The toolbox at our disposal is vast but also largely ineffective: regular reports on lengthy infringement proceedings against Article 7 procedures blocked in the Council, none of the instruments have shown enough teeth to guarantee respect for the rule of law.

But there is hope, and it belongs to the European Commission. The Commission was designed to play the role of ‘guardian of the treaties’, and if it takes that role seriously, it can do so.

This is what we in the European Parliament expect and demand.

Last year, negotiations on the Union’s seven-year budget offered a window of opportunity for the protection of fundamental European values. In a long process, the EU finally adopted the rule of law conditionality mechanism, a brand new tool linking respect for the rule of law to EU funds. This legislation has been in force since January 1, 2021, but unfortunately the Commission has not made use of it.

The Commission has taken some steps in the right direction. He called for the imposition of financial sanctions on Poland for its ill-advised judicial reforms, and he suspended the Polish and Hungarian stimulus packages. However, faced with a challenge of such magnitude, these measures are not enough. Now is the time to implement what could be the last hope for the many pro-European citizens of Hungary and Poland.

So far, the Commission has refused to apply this cross-compliance mechanism. But the European Parliament, as the most passionate supporter of the principle of conditionality, will not ignore its own responsibility.

If the Commission is not prepared to act, we are ready to take it to the Court of Justice for its failure. Even before the ruling in Poland, our Legal Affairs Committee was and is still working to define the grounds for this future legal action and is about to issue a recommendation to the President of the European Parliament, David Sassoli.

The time to act is now. The European Parliament must lead by example and use all available means to ensure that the EU remains a fully democratic bloc of countries. Only then can we save the democratic soul of the EU.

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Money, law and other noble lies | Michael C. Dorf | Verdict http://kenafsociety.org/money-law-and-other-noble-lies-michael-c-dorf-verdict/ http://kenafsociety.org/money-law-and-other-noble-lies-michael-c-dorf-verdict/#respond Wed, 13 Oct 2021 04:08:30 +0000 http://kenafsociety.org/money-law-and-other-noble-lies-michael-c-dorf-verdict/

Last week, Senate Minority Leader Mitch McConnell blinked, allowing Congressional Democrats to vote to raise the debt ceiling enough to delay the looming global financial crisis until early December, when the US government will simultaneously run out of cash for ongoing operations and borrowing power. to pay past commitments. If that sounds overwhelming with slight praise, it is. Having fabricated a completely unnecessary crisis, McConnell and all the other Republicans in Congress deserve no gratitude for allowing too temporary a sigh of relief.

Nonetheless, the reprieve of less than two months provides an opportunity to reflect on some of the measures that have been proposed to deal with the upcoming debt ceiling deadlock. So, for example, written in the New York Times Last week, Peter Coy examined the implications of one of the more exotic options that has been periodically thrown out over the decade since Congressional Republicans began using the threat of default to extort President Obama first and now President Biden – the suggestion that the Treasury could ask the Mint to create very high value platinum coins, which would be credited to the federal government and thus used to pay federal bonds.

As Professor Neil Buchanan explained in his column here on Verdict The platinum coin gadget last week was a terrible idea, mainly because there are much simpler ways the president could fix a lack of government borrowing power. Moreover, as I had a fight in 2013, it’s not even clear that the platinum coin bet is legal the way its supporters claim. Meanwhile, Professor Buchanan and I have pointed out in our joint and individual work that the prospect of the government circumventing a limit on its borrowing power by minting a coin worth around one trillion dollars is so cartoonish. that it risks undermining popular confidence in money.

Mr. Coy explored our critique of the platinum coin proposal in his Times trial. In the remainder of this column, I will add to the response that Professor Buchanan and I offered to one of our critics cited in the Coy column. This will lead me to a deep dive into the nature of money and the law.

What is money?

Suppose you are a potato farmer living in a society with a barter economy. You want to get a new wheelbarrow from your neighbor the cooper. Unfortunately the cooper has all the potatoes he wants, so you exchange some of your potatoes for grapes, which you provide to a winemaker in exchange for wine, which you give to a tailor for a shirt, which you ultimately exchange with the cooper for the wheelbarrow. Now think how much easier life would be with an economical universal medium of exchange. You could go to the market and sell twenty pounds of potatoes for a piece of paper with a picture of Alexander Hamilton on it. You could then use such pieces of paper to buy a wheelbarrow. Money facilitates trade.

But suppose one day people start to doubt the usefulness of money. Maybe they do it because inflation devalues ​​it faster than they can spend it. Or perhaps there are so many realistic-looking fake banknotes in circulation that a substantial effort is now required to distinguish the true from the false. Or maybe everyone suddenly realizes that pieces of paper have no intrinsic value and start demanding a genuinely useful commodity, like potatoes. Money works like the momentum does in old Roadrunner cartoons. As long as Wile E. Coyote doesn’t look down and realize he’s past the edge of the cliff, he can keep moving forward. However, once enough people look down, so to speak, the money crumbles and we go back to bartering our potatoes.

Professor Buchanan and I argued that one of the risks of depositing very high value platinum coins into the treasury account is that it shows the average person that there is nothing more important than acceptance by all as legal tender. This realization, in turn, could erode confidence in the very idea that money has value, thereby undermining the psychological basis of the financial system and with it the real economy.

Is money a noble lie?

But wait! Quoting an article by Willamette Rohan Gray’s law professor, the Times The article emphasizes that the value of money is not simply a matter of whether everyone expects everyone to accept money. The law gives a dollar value because the law imposes taxes and allows people to pay their taxes in dollars. So money is backed by law, not just group psychology, right?

Not enough. As the Times The article goes on to say — citing both Professor Buchanan and myself — while Professor Gray is correct that the law gives dollars a certain reality, it is not enough to inspire confidence in money.

For example, Argentina has experienced hyperinflation on several occasions during the last quarter of the twentieth century. The country eventually stabilized its currency but recently experienced an annualized inflation rate of over fifty percent. All the while, the government has accepted tax payments in Argentine pesos, but in the rest of the economy, when inflation soars, many traders, banks, and individuals turn to more stable alternatives, especially the US dollar and even recently crypto-currencies. The government can create a certain demand for money, but in order for it to perform its primary function as a medium of exchange in the whole economy, people must have confidence in it.

So much for taxes as the basis of monetary stability. Professor Gray appeared to express a further objection to Buchanan / Dorf’s concern about the psychological social impact of high-value platinum coins. In a system with “electorally responsible politics,” he said, it is “extremely dangerous” not to trust the general public to handle the truth. As Professor Buchanan explained last week on my blog, we naturally read that Professor Gray accused us of elitism.

This is also how I understood Professor Gray’s position. So the Times history quoted me as asking whether the social psychological roots of money are disguised by some sort of noble lie – an assertion that our leaders know to be false but that they encourage in the masses to promote a social interest. I have noted that, like Professor Gray, I also believe that noble lies are in tension with democratic values, but that they may nonetheless be necessary in certain circumstances.

Can we manipulate the truth?

The undemocratic character of noble lies can be attributed to the most famous discussion of the subject, which appears in Plato’s Book III Republic. Drawing on the mythical origin stories of most civilizations, Socrates proposes that in the ideal political regime, rulers should educate the governed and the slaves that their place in the hierarchy of social status is ordered by the gods, for people of different classes are made of different subjects. . For Socrates and Plato, deception was noble because it promoted civil peace and the type of political order they favored. For modern readers, of course, deception is abhorrent.

Yet what if the belief in a misconception promotes the greater social good without unduly favoring the powerful? A false belief in the inherent value of dollars may be necessary to ensure their continued use and thus avoid the kind of catastrophe that would occur if people instead turned to hoarding the precious metal (which, by the way, did not. no intrinsic value as a medium of exchange) or insisted on bartering. A false (or at best unverifiable) belief in the punishment of sinners in the Hereafter can induce virtuous behavior in people with faulty conscience whose misdeeds are likely to escape detection by law enforcement. Indeed, the law itself can be seen as some kind of noble lie.

In saying that the law can be a lie, I do not mean to deny that acts in violation of the law, if detected, often lead to arrest, prosecution and punishment. Our very real prisons prove the contrary. Yet in democratic societies legitimate government authority does not rest solely on the state’s willingness to use force. Rather, we believe that, as the Declaration of Independence proclaims, “governments. . . derive[e] their just powers with the consent of the governed.

Do our laws have democratic legitimacy? The answer is not a simple yes or no. On the one hand, we have elections for federal, state and local officials who are at least somewhat sensitive to public opinion. On the other hand, our Constitution, as written and interpreted by the courts, gives disproportionate power to white rural voters and the rich and powerful. Does this make the legitimacy of the law a lie? And if so, should our government obscure the truth?

An appropriate subtle answer to these questions must balance competing risks. If the consequence of people realizing that our laws lack full democratic legitimacy would be lawlessness, then a little lying could help. Right now, however, the greatest danger is the other way around – that people will be too complacent because they believe our political system is more representative than it actually is. More and more, the idea that the United States has a representative government sounds like a lie, and a vile lie.

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Rajasthan government overturns law after outcry over child marriage clause http://kenafsociety.org/rajasthan-government-overturns-law-after-outcry-over-child-marriage-clause/ http://kenafsociety.org/rajasthan-government-overturns-law-after-outcry-over-child-marriage-clause/#respond Tue, 12 Oct 2021 03:25:15 +0000 http://kenafsociety.org/rajasthan-government-overturns-law-after-outcry-over-child-marriage-clause/

The law, which was overturned after meeting strong opposition, made the registration of all marriages, including those of minors, compulsory.

Rajasthan’s Compulsory Marriage Registration (Amendment) Bill of 2021 contains a provision requiring child marriages to be registered within 30 days.

The government of Rajasthan overturned Rajasthan’s Compulsory Marriage Registration Amendment Bill, 2021, after it became embroiled in controversy over making registration of all marriages mandatory, including those of minors.

The government tabled the bill in the state assembly last month, but the opposition, along with welfare organizations across the country, opposed it.

On August 16, the Ashok Gehlot government of Rajasthan introduced the Rajasthan Compulsory Marriage Registration (Amendment) Bill to the state assembly. The bill that was passed amended section 8 of the Rajasthan Compulsory Marriage Registration Act 2009.

WHAT CAUSED THE CONTROVERSY

The original provision of the law required mandatory registration of marriage within 30 days if the bride and groom were under the age of 21. The age criteria for men and women were the same. Registration had to be done by their parents.

The amended version states that parents must register the marriage within 30 days of the marriage “if the bride is under 18 and the groom is under 21”.

READ ALSO | Approximately 50% increase in child marriage cases in 2020; experts say more reports may be a factor

On Monday, Chief Minister Ashok Gehlot announced the decision to recall the law during an International Day of the Girl program. Social welfare organizations questioned the legality of the provision making registration of child marriages mandatory and took the matter to the High Court.

OPPOSITION TO THE LAW

The opposition in Rajasthan has accused the congressional government of opening “the floodgates” for child marriage in the state and of giving “validation to what is a social evil”.

Rajasthan had banned child marriage by passing the Child Marriage Prohibition Act in 2006. The law appears to have helped reduce cases of child marriage, as data from the National Survey on Childhood shows. family health (NFHS) from 2015-16.

STATE GOVERNMENT ON LAW

Although the government has said the child marriage provision was included to follow a Supreme Court rule, it will not be sent for the governor’s approval.

Previously, Parliamentary Affairs Minister Shanti Dhariwal had defended the bill and said the bill allows for the registration of marriages, but does not contain any provision making such marriages valid. Child marriage would continue to remain illegal under Rajasthan’s 2006 Child Marriage Act, he said.

READ ALSO | Child marriage is a scourge in India: a look at several shocking facts

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Teamwork at the heart of local elder law practice | New http://kenafsociety.org/teamwork-at-the-heart-of-local-elder-law-practice-new/ http://kenafsociety.org/teamwork-at-the-heart-of-local-elder-law-practice-new/#respond Mon, 11 Oct 2021 04:00:00 +0000 http://kenafsociety.org/teamwork-at-the-heart-of-local-elder-law-practice-new/

Deborah “Debbie” L. Britt Esq., Lawyer / owner of the Deborah L. Britt law firm, believes that committed team members are the key to success.

Debbie and her legal assistant, Delaney Britt, work as a team every day to improve the lives of their clients. Both engage with clients and their families from the start of each performance. Customers are encouraged to share information through a variety of channels, including virtual communications, office meetings, and curbside document exchanges. At the request of clients, relatives are invited to participate in planning discussions. The more everyone works together, the better the results for clients. This is especially true for elder rights issues. Debbie and Delaney strive to create a team atmosphere in which clients, family members, caregivers, tax professionals, financial advisors, bankers, court staff, and more. work together in the best interests of clients. “With everyone working towards common goals, we can have a positive impact on the quality of life of aging people in our community,” says Debbie.

This team spirit is also found in our community. Debbie recognizes the importance of Alzheimer’s disease research, education and support programs. Debbie says, “The people and their families affected by this disease really need our help. As members of the Debbie Britt Law team, Debbie and Delaney work annually with the Georgia Alzheimer’s Foundation, its Executive Director, Andrea Mickelson and the Golden Isles Alzheimer’s Walk leadership team to plan, sponsor and participate in a local march of Alzheimer’s disease. This year’s event took place September 25 at Neptune Park on St. Simons Island. Through a combination of sponsorships, individual and team registrations and fundraising, and other community donations, the Golden Isles Alzheimer’s Walk has so far raised over $ 67,000, and donations continue. to arrive. Law firm Deborah L. Britt was a proud 2021 Platinum Sponsor of the Parkway. Its 2021 Fore the Memories Golf Classic Champion sponsorship, hosted by Vitality Living Frederica (formerly Thrive at Frederica), also benefits the Georgia Alzheimer’s Foundation. The Debbie Britt Law team is grateful for sponsorship opportunities and for donations received from friends, colleagues and clients. Thanks to good old-fashioned teamwork, the Debbie Britt Law team raised over $ 3,600 this year.

The Georgia Alzheimer’s Foundation is a 501 © (3) nonprofit organization, whose mission is to support innovative research and community services for people affected by Alzheimer’s disease and other dementias statewide. . In Glynn County, the Georgia Alzheimer’s Foundation supports Memory Matters Glynn in Brunswick. Memory Matters provides support services including education; social activities for people with memory problems; individual consultations; memory screening; and local support groups. The funds also support research being conducted in Georgia at the Goizueta Alzheimer’s Disease Research Center at Emory University in Atlanta. Debbie enjoys talking about a variety of legal topics at Memory Matters lunches and learning events.

Back in the office, Debbie and Delaney work daily to help clients and their families gain peace of mind through careful planning (the sooner the better) for inheritance, long-term care and life. inability. Debbie says she is passionate about the fact that people can make their “voices” heard when memory loss occurs. She comments: “With early estate planning (eg wills, trusts, health care guidelines and powers of attorney), clients can preserve their wishes through legal documents. They can also be sure to appoint the right people to do the right things at the right time for the right reasons. Failure to address disability planning early can lead to unnecessary delays in care, family disputes and court involvement.

For families affected by Alzheimer’s disease and other mental disability issues, it is important to seek the advice of a lawyer experienced in elder law. Seniors lawyers are essential because they can help clients plan for the long-term care needs that often accompany an Alzheimer’s diagnosis. For long-term retirement home payment issues, Medicaid eligibility factors can be examined and recommendations can be made to meet income and resource limits. Debbie says, “The primary goal of long term care planning for our elder law clients is to legally protect as many resources as possible in order to ensure the highest quality of life for individuals and their families. Working cooperatively with others is the way we do it.

TO BURST:

Deborah “Debbie” L. Britt Esq., Of the law firm of Deborah Lynn Britt, LLC, is a senior lawyer located at 302 Plantation Chase, St. Simons Island. His practice, which also includes estate planning and inheritance law, serves the Golden Islands and surrounding areas. For more information or to schedule a consultation, call 912-268-2655, or visit www.debbiebrittlaw.com.

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Australia considers measures to hold social media giants liable for defamatory posts http://kenafsociety.org/australia-considers-measures-to-hold-social-media-giants-liable-for-defamatory-posts/ http://kenafsociety.org/australia-considers-measures-to-hold-social-media-giants-liable-for-defamatory-posts/#respond Sun, 10 Oct 2021 03:29:47 +0000 http://kenafsociety.org/australia-considers-measures-to-hold-social-media-giants-liable-for-defamatory-posts/

The Australian government is considering a series of measures that would make social media companies more responsible for defamatory content posted on their platforms, Communications Minister Paul Fletcher said on Sunday. “We expect a stronger position from the platforms,” ​​Fletcher said in an interview with the Australian Broadcasting Corp. “For a long time, they get away with taking no responsibility for the content posted on their sites.”

Stepping up the debate over the country’s libel and defamation laws, Prime Minister Scott Morrison on Thursday called social media a “palace of cowards https://www.reuters.com/technology/australian-law-chief-wants -defamation-rules-fixed- internet-age-letter-2021-10-07 “, claiming that platforms should be treated as publishers when libelous comments by unidentified people are posted. Fletcher said the government is examining this option and the general extent of liability of platforms, such as Twitter and Facebook, when defamatory material is posted on their sites.

When asked if the government would consider laws that penalize social media platforms for posting defamatory material, Fletcher said the government was considering “a whole host” of measures. “We are going to look at this. We are going to follow a careful and methodical process,” he said. “In many ways, we crack down on the idea that what is posted online can be posted with impunity. “

The nation’s highest court ruled last month that publishers can be held liable for public comments on online forums, a ruling that has pitted Facebook and news organizations against each other. It has also alarmed all sectors that interact with the public via social media and, in turn, has given new urgency to an ongoing review of Australia’s defamation laws.

(This story was not edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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