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July 2016

Legal

Should Canada Follow Suit to Germany’s Move To Retro Decimalize Men Convicted Of Now Legal Gay Sex Crimes?

Few would argue that social mores haven’t changed significantly since the fifties and sixties. Not only have racial relationships and gender inequalities gotten better, but so too have the way that we look at homosexuality. Just four short decades ago, if you had the propensity to be attracted to the same sex, that was something you kept hidden. Not socially acceptable, having homosexual relations was also criminal in some penal codes.

Germany has made a bold move to retro decriminalize men who were convicted of now legal gay sex crimes. The German government has proclaimed that it will begin to pardon over 50,000 gay men who were arrested and subsequently convicted of gay crimes between the years 1946 to 1969 when Germany decriminalized homosexual acts. Those who were prosecuted during the ugly history of the Nazi rule have already been pardoned over a decade ago in 2002.

Going one step further, Germany has considered compensating those who were convicted in the past of homosexual acts for the time that they spent in prison, their legal fees and so many other things that they went through. Such a landmark move in homosexual rights, many believe that Canada should likewise follow Germany’s lead and do the same.

Leading the cause for decriminalization is Doug Elliot, a gay rights activist located in Toronto, who was once part of a team of slip and fall attorneys in Philadelphia who believes that the issue of gay criminalization needs to be addressed to make the wrongs right in Canada as well. Canada removed criminalization of homosexuality from the penal code in 1969, but they did nothing to help those who had been convicted before that time. Although being one of the first countries to recognize gay rights, there has been many systematic hurdles to gay rights in many communities and opinions across Canada.

There are still many homosexual acts that are on the criminal books in Canada. Although homosexuality is no longer a crime, anal sex is, which discriminates against homosexual men and opens them up to be criminalized for things that they do in the sanctity of their own bedroom. If anyone is accused of having anal sex, it becomes part of their criminal record, scaring their reputation forever.

Many who have criminal records due to unfair legislation against gays have risked losing their job, being kicked out of the military and may even put them on the no fly list, which negates them from traveling to the US. There is no special classification when it comes to a criminal record. It doesn’t come with an explanation that says you aren’t dangerous; you just have a sexual preference.

Making matter worse, because gay sexual acts are still considered criminal, it shapes the way that society sees homosexuality. Giving a negative impression of what gay men do by labeling it criminal, by not repealing the laws, or excusing existing crimes that have nothing to do with criminal acts, the law is perpetuating prejudice. There are men for whom convictions from the past have ruined not only their careers, but their family life and their livelihood. Everett George Klippert, is one case where a man went to jail for consensual sex with another man in 1967. Even after being repealed, he was classified as a dangerous sex offender and sentenced to life in prison or until a time that he was cured of his indecent needs.

Although eventually being released from prison in 1971, he still spent a decade of his life behind bars and was never given any retribution, or even an apology.

That is not the only time that Canada has had an ugly history when it comes to homosexuals. During the cold war, a Carleton University professor invented something called the “fruit-machine”. It was supposed to detect gay men who were thought to be a danger to society. Those who were a target of the machine lost their jobs, couldn’t work in the federal government and were excommunicated from the military.

Over 9000 men were subjected to investigation by the government due to homosexual allegations and countless were driven as far as to take their own life. Elliot believes that it is time to afford homosexuals the same rights as any other human being. Striking from the penal code what consensual adults do in private, needs to be foremost to changing our society to be more accepting and equal.

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Law

Lawyers On The Hunt To Find Out If Socialite Had JFK’s Baby

Who doesn’t love a good mystery from the past? More enticing than a Lifetime Movie, the latest hunt to find out if an Upper East Side Socialite may have had an affair and gotten pregnant by John F. Kennedy, has all of Manhattan abuzz. The Administrator in charge of releasing the $17.5 million estate is investigating whether Alicia Corning Clark really did have a child that was the result of an affair with JFK.

Leonard Boehner, the Administer of the estate, along with a team of his lawyers recently filed a motion under the Freedom of Information Act with the request that the FBI look through the FBIs records to see if any evidence remains of a relationship between the two. Why the undertaking?

It is the job of both the attorneys for the estate, with the Administrator, along with workers comp attorney Los Angeles to ensure that there aren’t any unknown offspring or potential heirs that can be represented in court to contest the conditions of the will. At the heart of suspicious inquiry was a court case that indicated that the three-time married enchantress had several escapades, which was recently unsealed after 40 years of being hidden from the public.

DNAInfo New York was able to obtain a copy of the transcripts that did not have any evidence of a love child between the two, but there is evidence that they did have an affair. The trial notes, which have been kept classified up until recently, say that Lawyers for Clark had no problem coming forth with some of the most scandalous stories ever to hit Manhattan. What there is evidence of is that everyone went to great lengths to keep the information hush-hush.

Along with stories of her crazy outlandish relationships with men, are stories of scheming in the 1960s about how she planned to seek revenge against JFK by launching an all-out bad publicity tour on what was then known as Camelot. Trying her hardest to tarnish the Kennedy image of faith and fidelity, she went after the family with fervor to extort them for money to keep her from coming forward.

Simon Metrik, an ex-lawyer of Clark, recently sued the state for $1.2 million due to unpaid legal fees. He insists that she had every intention of letting the public known about their tawdry fair if JFK’s father didn’t pay her $250,000 ransom, which has many scratching their head. Clearly, she had enough money at the time.

Metrik maintains that he “talked her out of” attempting the blackmail campaign of extortion from Joseph P. Kennedy, who was then President John F. Kennedy’s father. He also was able to dissuade her from writing a tell-all about their forbidden relationship.

Clark recently died at the age of 79, just this last February, and left behind over $17.5 million, which in her estate includes her Upper East Side apartment and her mansion in the Bahamas. At the time of her death, she insisted that she had no heirs to claim the inheritance. Once more, there are no living relatives to lay stake to her estate either.

Boehner, Clark’s lawyer, helped her write her memoirs in the year 2004 and was named the preliminary executor of the estate by a judge of the Manhattan Surrogate Court last March. Included in his duties is to ensure that there aren’t any known heirs that could potentially come forward to claim legitimacy and inherit the estate. Due to the book written by Seymour Hersh entitled “The Dark Side of Camelot,” Boehner believes that it is worth an investigation to make sure that there weren’t any children that were born out of wedlock. A highly invasive outline of the Boston Dynasty, it is better to ensure than to sit idly and wait for something to arise.

In the book, Hersh talks of how then J. Edgar Hoover, FBI Director sent memos to Robert Kennedy, which warned him of the perils of a court case involving Clark and her exposure of the alleged affair between the two. The suspicion comes from warnings that political operatives were trying to sell information to the Republicans about how Kennedy had impregnated Clark before his Presidential campaign began.

The chances that there was a love child are very slim with no real evidence to indicate that a child was born out of wedlock, but Boehner feels like it is his duty to perform due diligence to ensure that he knows the true story. Before the estate is settled, he wants to ensure that there are no loose ends to contend with down the line.

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Law

All Systems Go Now That Google Has Lawyer Dedicated Solely to Self Driving Automobile?

There was a time when self-driving cars seemed like nothing short of fantasy, but with growing technology, not only is a self-driving car a reality, it may happen in the near future. Google, starting as nothing more than a search engine, has begun to creep into every part of our life, and its next target is getting behind the steering wheel.

Google’s self-driving car division called Alphabet, announced that it is nearing the realm of reality and is so close that they have actually initiated their own team of lawyers. The self-driving project was created by general counsel running through Google, but now is branching out on its own. The X portion of Google is the place where all “experimental” projects lie, and that is where the self-driving initiative has resided up until now.

Google spokesman announced this week that they hired Vosen, a lawyer who has worked for the Climate Corporation for the previous eight years. Monsanto acquired the Climate Corporation in 2013 to the tune of $930 million. It is a data company that originally gave counsel to farmers to make financial decisions to increase their profitability. Vosen, until recently, was the chief counsel and auto accident lawyer Santa Ana, handling all the legal affairs of the company, including litigation, strategic transactions and any regulations that they may encounter.

Google insists that they will have a self-driving car available to the public by the year 2020, which is a hefty goal, but one that many are seeing doable. They have the intention of taking from concept car to reality in less than five years. Already having a CEO in place, as well as a Director, the only piece missing was counsel. With Vosen on board, there is no stopping the project from continuing to the final phase.

There is likely going to be many legal issues revolving around the self-driven cars. Although up until now, there were very few regulations or barriers to building it, thanks to the crash of a Tesla car last week and the resulting death and injury of passengers, those barriers may increase. Now that self-driving cars may be a reality, there is probably going to be a push in the industry for more stringent regulations, which is why Google has taken Vosen on board.

The US Department of Transportation released a report in March that outlined the potential of huge regulatory statutes in place. Replacing someone’s eyes, ears and foot behind the wheel to make life and death decisions for passengers, is not something that the government or car makers can take lightly. Taking away the control of human intelligence and putting in the realm of auto-pilot is likely to be met with heavy restraints and many needs to prove the safety of self-driving cars.

Up until now, the government had no reason to even consider the concept car. Without a prototype in existence, it was nothing more than an idea. That is all about to take a huge change. The Department of Transportation is set to make standards already about the guidelines not only to test the a vehicle and the technology driving it but how to test and regulate the vehicles once they are ready to make their appearance.

Vosen’s major hurdles shortly are going to be to prevent the slow down of the technology. He is going to have to work closely with the National Highway Traffic Safety Administration and the DOT to ensure that they don’t put a halt to Google’s efforts to take the car out of the “concept” phase and put it into the hands of the consumer.

With no standards in place, Google is ripe to either work with the government or to be slowed down by regulations and standards. A huge undertaking, his experience, and gumption are what led him down the path to be the chief lawyer for the Google division of self-driving cars. It is in his hands to keep things moving at a quick pace while tempering it with meeting government safety standards and not stepping on anyone’s toes in the process. That is no short order.

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Law

Understanding Bail And Stipulations

The court grants bail on certain stipulations or conditions when an individual is charged with a crime and wants to get out of jail. These stipulations on bail bonds in Brazoria County are on the basis of the magnitude of the crime committed and modified based on the defendant’s profile, the crime, and the charges.

Need for bail and stipulations

Bail bond is beneficial to defendants as it gives them a chance to spend time with their family, prepare for court trails as well as finish pending works at the workplace, if any. Several stipulations are associated with the bail granted by the court to the defendant.

The main stipulation on bail is that the defendant must appear in the court during the trial or the preliminary hearings. The stipulations on bail foil the defendant from escaping the court’s jurisdiction. Another reason for the stipulation on bail is to prohibit the defendant from contacting the witness or victim.

When the defendant fails to follow the stipulations that come along with the bail, the court has the right to revoke the bail granted. The defendant is re-arrested and held until trial. For instance, if the defendant fails to appear in court – “failure to appear” will be an additional and a new charge the defendant will have to face.

Bail bond

There may be some cases when the defendant seeking bail, are not imposed with any stipulations. While there may be crimes that warrant a death punishment, under which, the defendant cannot seek for a bail. This may be done in view of protecting the public and if the defendant is deemed to be a potential threat to the public, based on the crime committed.

The bail stipulations

The court may impose several restrictions for some specific reasons wherein the defendant has a record of crime in different occasions and arrests. Some of the stipulations eliminate the possibility of committing any crime while on bail. The stipulation on bail is helpful in protecting vulnerable or young defendants.

The judge decides the stipulations on the bail based on the charges the defendant is facing. Though there may be no stipulations on bail for certain crimes, the defendant may need to provide a bail bond as a stipulation for release.

The conditions mandatory with bail

Courts may attach other types of conditions to the defendant’s bail as a mandate. The defendant on bail may be criminal or innocent until the charges have been proved. Bail may seem restrictive to the defendant and is not a punishment for the charges applied by the court; however, there are other perspectives. After the trial, the court can impose punishment.

The court may impose stipulations on the usage of drug or alcohol consumption while the defendant is on bail. The court will monitor the defendant until the trial begins.

Each state and county may warrant different sets of stipulations and conditions mandatory on bail. The judge has the final say on the stipulations that may be applicable to the defendant based on the charges. Courts generally impose minimum restrictions and conditions on bail for cases involving lesser crime severity.

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Law

10 Questions to Ask Your Solicitor

When it comes to buying and financing a home, it is important to be as informed as you can be. Here is a list of 10 questions to ask your solicitor.

Who Gets the Deposit?

Whom you pay the deposit to will depend on what the contract says, but typically it can be paid either to the conveyancers or the estate agency. Both will have trust accounts where the money will be protected.

Who Receives the Interest on the Deposit?

The interest will be paid to you after registration of transfer, unless another agreement has been made with your conveyancing solicitor. If you wish, you can give your solicitor or estate agent permission to invest in an interest-bearing account.

When Will the Transfer Documents Need to Be Signed?

Transfer documents are signed a couple of weeks after the sale agreement has been signed. The conveyancer typically waits for the bond to be approved, and to receive the cancellation figures for the seller’s current bond. Then the guarantee authority forms can be completed.

Who Is the Occupational Rent Paid to?

The occupational rent will go to the solicitor or estate agent. They will pay it into the seller’s bond account, or even directly to the seller.

Ask Your Solicitor1

How Long Does a Transfer Take to Register?

This will depend on the due dates for the bond grant and other applicable circumstances, and the guarantees that are stipulated in the deed of sale. Most sales take about three months from the date of the sale, but if everything goes smoothly it can take just two months. Complications can result in registration being delayed.

Who Registers the Transfer Bond?

The bank’s local conveyancers will deal with registering the bond.

What Will the Bond and Transfer Costs Be?

Your estate agent and solicitor can answer this question based on a schedule for transfer and bond costs. The transfer fees typically depend on the purchase price of the house. The bond costs will depend on the total home loan and whether or not you are buying your home in your own name, or in a trust, a company or a close corporation.

When Should the Transfer Costs Be Paid?

This happens a couple of weeks after the sale, when you complete the documents. The conveyancer will require payment, as he or she has to pay the transfer duty in advance along with the levies and rates due to acquire a clearance certificate. A delay in payment can further delay or postpone the transfer.

Who Will Contact You When Registration Is Done?

The conveyancer or his or her secretary will contact you for registration. You will then receive a final statement of account, and the bank will send you a letter to let you know your bond has been registered along with the date the first payment needs to be made.

Where Can You Get the Keys to the Property?

Homeowners usually make an arrangement with their estate agent to collect the keys on the agreed upon the day of occupation.

These steps should help you to understand the registration process.

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Service

Simple Tips To Help You Choose A Great Payroll Service

When payday comes the employee expects to receive the correct amount of money and actually receive everything in time. If the payroll system is not well-built, this does not happen. If you want to be sure that everyone will receive money in time and that you do not have tax problems, using payroll services is recommended for simplifying HR department work and guaranteeing that payrolls are properly taken care of.

The problem is that it is a little complicated to choose the appropriate payroll service because there are so many companies that you can consider. What you are interested is finding highly experienced payroll service providers so consider the following tips to help you out.

Hidden Charges And Prices

One of the most important things for a company when getting a new service is how much money is paid for it. Some companies will charge fixed fees and extra charges per check. Alternatively, you can go for fees based on payroll rates. What is important is thinking about all the options that are available for the company. Make sure that you always choose the one that is beneficial and read the contracts so that you can avoid the potential hidden charges.

Exclusive Services Offered

Payroll companies do not just offer the services you expect. There are also some extras that are specific for the company that is serviced. Such exclusive services can include customized retirement plans, reports, administering, employee benefits and direct deposits. Some organizations can even create specific software that will fulfill exact and strict particular needs. The best example of this is when employees have residence in various states. The payroll service provider has to offer nationwide coverage.

Check Recommendations And Testimonials

Before negotiating contracts and packages with payroll service providers you want to see who to actually contact. This means that you have to check recommendations and read the testimonials that past clients wrote. It is something that will help you because you can avoid the companies that should not be trusted. Recommendations stand out as a great way to see what quality is offered.

Easiness Of Access

Most of the payroll services offer access for the employees to an online system so that personal payroll history can be verified. That is something that is really helpful for most companies since it offers trust. Try to work with those payroll service providers that build protected websites. The employees should always be able to see pay stubs, keep records and check the payroll history.

Conclusions

As you can notice, it is really important that you are aware of the various different opportunities that are available for you. Analyzing the different payroll service providers that you can work with and that fall within your budget is basically the one thing that should be seen as vital. Have patience and do consider all the available options. If you feel that the company is going to be great for you, be sure that you negotiate everything that will be included in the contract so that you receive exactly what you need.

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