Law Blog

Ever get that feeling when you first slip into the driver’s seat of your car that today’s the day you’ll get into an accident?  That despite all those hours you endured being belittled by your driving instructor, aka mom and/or dad, on the importance of safe driving that your spotless driving record, and possibly even life, may all come to an end because someone was trying to catch a green light or was too busy chatting on their phone?  If you have, then you’re not alone.

According to a new study conducted by the Obvious Police, aka the AAA Foundation for Traffic Safety, over a third of drivers feel less safe driving today than they did in 2004.

What’s gotten people so scared?  Apparently, AAA says it’s you — John Smith (it’s not really due to just that one guy, I just like the image of all the John Smiths reading this collectively furrowing their eyebrows in anger).  Specifically, the report cites drivers who text or email while driving as the numero uno factor causing motorists to feel unsafe, and with good reason.

It’s no secret that texting while driving is incredibly dangerous (second news flash, smoking causes cancer).  What’s surprising is that over sixty percent of people do it and nearly a fifth of drivers do it despite knowing the risks.  Coming in second on the list of fears is distracted driving, e.g. people putting on make-up or writing that big presentation while driving, followed by the infamous cell phone-yapping driver.

The odd part is that the current number of driving-related fatalities in America is actually at it’s lowest since 1961 and has been declining since this wonderful recession we’re (still) in hit. Theories abound as to why this is the case.  Most analysts say it’s the bad economy coupled with high gas prices that are keeping people from driving and opting to bus it everywhere instead.  More aggressive traffic ticketing from highway patrol may be another cause keeping drivers off the road.  And ironically enough fear of getting into an accident due to the aforementioned distracted driver may all play a large part in reducing driving deaths and car crashes, as well.

Our own in-house statistics seem to support this newly reported trend, too.  The number of automobile accident cases received by LegalMatch has gradually decreased since 2004.  An interesting side note is that the number of divorce cases LegalMatch has received have slowly increased in close portion.  Maybe the bad economy coupled with that old adage of strength and comfort in numbers has caused couples to carpool and hence want to scratch each other eyes out.  People, there’s something called personal space, you need it.

Despite the seemingly lower chances of getting into a fatal car accident, the fear of texting cell phone-talking drivers is still keeping many once-proud motorists at bay, or more specifically on buses and bicycles.  Ba-da-bump…  I would recommend that you all have nothing to fear, but I’m just as worried as the majority of Americans.  On the bright side, at least my legs will get ripped from biking 12 miles everyday.

This past April it became clear that the usually incredibly popular H1-B visas, of which there are 85,000 issued each year, was far from reaching that number.  Typically tech companies such as Microsoft and Intel are looking to hire foreign-born workers specializing in computer science, engineering, and related fields.

Why the change in numbers you ask?  Commentators attribute the recently-enacted higher standards and greater restrictions placed on the application process and the economic downturn.

In February 2009, President Obama included in his stimulus plan the affirmative obligation for bailout recipients to hire Americans over foreign-born workers.  Although there are many Americans in need of jobs in the country, I agree with the LA Times article that characterizes the H1-B visa workers as a compliment rather than a replacement to the American worker.

A recent study conducted by LegalMatch confirmed the decline in visa applications.  There was an overall decline in H-1B visa inquiries over the past 12 months from the previous year.  Not surprisingly, inquiries for help with green card and other unskilled labor visas remained high.

In my opinion, I think that keeping the application process open until the quota is met is the correct approach to the decline in H1-B interest.  We need to continue to recognize the value that foreign workers play in the booming U.S. technology market and ensure that companies get the workers with the skills they need to continue to prosper.

With the arrest and recently announced dropped charges against renowned black Harvard professor Henry Louis Gates Jr., the world seems to be once again entrenched in the subject of racial prejudice.  Actually that’s a bit of a stretch.  I seem to recall another semi-important event that may have helped bring the spotlight back on race before this whole Gates debacle.

However, unlike the election of our new black president, the disorderly conduct charge levied by the Cambridge Police Department against the distinguished director of Harvard’s W.E.B. Du Bois Institute for African American Studies probably wouldn’t demonstrate to most people how much our country has evolved since the Civil Rights Movement.  If anything it seems to show how stunted this country can still be in matters of racial tolerance.

The exact details of the case are still subject to debate.  The only fact corroborated by both sides is that Gates was arrested for disorderly conduct outside of his home after Cambridge police responded to a 911 call from a woman stating she saw two black males attempting to break into Gates’ house.  The men were Gates and his driver, and they were attempting to push the front door open because it was stuck in its frame.  Gates eventually got in through the back door when he was confronted by a Cambridge officer.  Gates claims he repeatedly asked for the arresting officer’s name and badge number, and when he followed the officer outside of his home, he was arrested.  The officer claims Gates accused him of racism and refused to calm down after several warnings that his conduct was becoming disorderly.

Well, it’s all moot now because the charge has been dropped.  So we’ll never get to know the juicy details or witness the spectacle of a public trial.

In this humble blogger’s opinion (because I’m sure you’re all waiting with bated breath to hear it), I suspect both sides decided not to pursue the case because it probably would’ve ended up making both parties look pretty bad.  As great as our country’s adversarial court system is, in cases of “he said, she said” it becomes the job of the prosecution and defense to put down the other side.  So in the end, no matter who wins, everyone ends up getting dragged through the mud.

So what’s the point of this post?  Well, aside from giving me yet another chance to hear myself talk, reading this case got me thinking.  Regardless of who was the one actually responsible for escalating the situation, ultimately this case was started because of race and was given the amount of attention it has received because it involved the presumption of wrongdoing due to the race of a prominent scholar.  It really made me wonder, if someone with Gates’ level of achievement can still face such prejudices, how’s the rest of the country faring?  According to the latest statistics from LegalMatch, apparently not so well.

In the last quarter alone, the number of race discrimination cases received by LegalMatch has increased by nearly 50 percent over the previous quarter.  Approximately 30 percent of these cases stem from being fired due to race and over half of them come from employees in the food service and retail industries.  Even more shocking is that the next highest instances of discrimination originate from those employed in the education field.  Stranger still, the statistics regarding gender discrimination almost exactly mirror those regarding race.

It’s a little disconcerting to see these trends.  Perhaps America isn’t exactly the melting pot it’s cracked up to be.  Either that or maybe someone just needs to turn down the burner a little…

Images of immigrant issues and struggles in the United States are popular fodder for hit movies such as The Godfather and Gangs of New York. For a nation founded by immigrants, the United States has become a melting pot of international identities and also the center of major immigration issues.

According to a recent report published by the Council on Foreign Relations, “The continued failure to devise and implement a sound and sustainable immigration policy threatens to weaken America’s economy, to jeopardize its diplomacy, and to imperil its national security.”

Urging for a fundamental overhaul of the U.S. immigration system, I agree with many of the suggestions of the report.  But as a citizen, rather than a policy maker, I believe that the emphasis and main concerns of the report are misplaced.  We need to worry less about national reputation and border patrol and more about ensuring that those immigrants, whether legal or illegal, are provided the support necessary to realize the American Dream.

The report provided a variety of suggested areas of improvement, including:

• Devising a comprehensive immigration reform plan
• Attracting skilled immigrants
• Increased National security
• Employer enforcement of immigration laws & standards
• Simplifying, streamlining, and investing in the immigration system
• Improving America’s image abroad
• Better border enforcement
• State and local enforcement

The seven most popular states for immigrants to settle in are California, New York, Florida, Texas, Pennsylvania, New Jersey, and Illinois, according to statistics compiled by LegalMatch.  Many of the immigration issues presented by LegalMatch clients arise because an individual immigrant attempted to navigate their way through the complicated and paper-heavy legal system without an attorney and ran into problems.

Aside from potential language issues, many immigrants working on visas or their citizenship status are trying to understand a foreign legal system.  I barely understand the American system as it is and could not imagine attempting to work within one I have no background knowledge of!  All parties involved from the government, to employers, to the immigrants themselves need to strive to work within rather than around the legal system.

Opinions vary about the economic and other effects of immigration.  Whether pro or anti-immigration, one thing remains true- we are a nation founded by immigrants and we must embrace our multi-national heritage and provide the same services and opportunities to everyone that comes within our border.

It’s odd how a person’s priorities and interests can shift with the passage of time.  One day you love video games, the next you’re suddenly enthralled by This American Life.  This jump is especially pronounced when comparing what’s seen as important as a teenager versus what’s important as an adult.  Remember in high school the cool kids were usually the ones who didn’t care about school?  Then once you hit college, suddenly those same people were seen as losers for wasting their time and money?  How’d that happen?  Man, they used to be cool, man…

But there are some things that have always been viewed as important.  The necessities, you know, like making sure you have food to eat, a place to sleep, or clothes to wear.  Oh, and not getting arrested.

Getting popped by the police and hauled down to the pokey can be a traumatic event.  The only thing worst is actually being convicted and sentenced by a judge afterward.  This is usually true.  I say usually because even in this seemingly clear-cut territory, another one of life’s oddities can sometimes rear its head (I know, I know, I really need to cut back on the clichés).  Because for some people (probably the cool kids) as long as the conviction isn’t a felony than there’s nothing to worry about, right?  Umm… no, not right.  Oh, misguided cool kids, and to think I once wanted to be like you.

A misdemeanor is no laughing matter (there I go again).  Misdemeanor offenses range from vandalism to petty theft to narcotic possession and more.  Penalties vary from state to state, but in general a misdemeanor conviction can result in fines up to $1000, a year in jail, and/or community service.  And depending on the type of offense, you can also be ordered to complete a rehabilitation program or have your driver’s license suspended or even revoked.

But that’s just the tip of the iceberg (ugh, another one).  The negative byproduct effects of a misdemeanor can cause chaos in the rest of your life, as well.  Depending on the severity of the offense, a misdemeanor conviction can limit what jobs are available to you or even get you expelled from college depending on your school’s student conduct policy, not to mention the embarrassment of having a blotch on your otherwise clean record (last one, I swear).  The cost of contracting an attorney, though helpful in resolving a misdemeanor criminal case, can be high, too.

The sheer amount of conduct that can be categorized as a criminal misdemeanor is often confusing, as well.  Once again, laws and what is considered illegal vary from state to state.  LegalMatch has received misdemeanor cases for everything from skate boarding on school grounds to noise violations.  Though the vast majority of LegalMatch’s misdemeanor cases still involve drug and theft offenses, it’s important to note the caveat of obscure laws.

So what can be done?  A good way to keep yourself out of the big house is to stay knowledgeable about changes in your local laws, especially those that concern you or your particular industry.  You can do this by contacting your local city hall, law library, or do the modern thing and research on the internet.

What else can you do, you ask?  Well, you can also stay out of trouble by doing the most obvious thing and not commit well-established crimes, such as robbery.  Duh.  That’s you’re best bet (dammit…).