November 11, 2009
Within the paralegal profession, there are countless organizations that contribute assistance and assets to their paralegal members but truth be told the paralegal field is really governed by a few, but extremely influential groups. These top few professional organizations which can honestly claim over 30,000 paralegals as members; include NFPA, NALA and AAPI. The National Federation of Paralegal Associations and the National Association of Legal Assistants have competed for decades to influence the language of the profession while the American Alliance of Paralegals (established in 2003) is focused on creating and implementing the best paralegal training possible.
Vital aspects to remember when breaking down a paralegal program:
1. Paralegal programs should not only teach legal concepts but they should also provide practical real world job skills. In addition, any reputable paralegal school curriculum would encompass everything from legal contacts and legal writing to ethics and torts. Top notch Paralegal programs should also offer the opportunity for students to gain work experience through practicum or an internship.
2. Unquestioned belief to the value of the paralegal position within the legal field, from both the program director and the faculty, is essential. Plus, both the paralegal school “dean” and the teachers need to have the desired scholastic accreditation to run the program and to teach the curriculum. In a perfect world, the “dean” would have a law degree and the teachers would be considered “experts” in their fields with an advanced paralegal degree and measurable experience.
3. An expanding number of paralegal schools are now offering online paralegal training. Although becoming more popular among students due to convenience, cost and flexibility you still have to ask yourself, “Is it right for me?” However, before you can make that decision you should probably find out how much interaction takes place between the instructors and students and how is the instruction presented to the students. Is interactive video used, tele-courses or some other form of delivery system?
If you want a career, not just a job and you have the internal strength and drive to push yourself the paralegal field is ripe for the picking. A paralegal offers status, fair wages and a growing job market for those will the talent and skills to match up with the endless opportunities.
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November 2, 2009
Can you name the number one spectator sport in North America? It’s not baseball, figure skating or racing. It’s bird watching. That’s right, more people are watching birds than football and hockey combined. With so many people hoping to see a bird they’ve never seen before, it’s not surprising to see a clamoring for the latest tips and tools to get the job done. Here are my top five tips for getting the most out of your birding experience.
#1. Get to Where the Birds Are! This sounds obvious, but many birders spend the majority of their bird watching time and energy on poor locations. Some folk have the advantage of looking out of their windows into the back yard to observe nature’s best. The rest of us need to get moving. I would highly recommend visiting a National Wildlife Refuge. There are over 500 of them across the United States. To find one near you, visit http://refuges.fws.gov/
#2. Know What Species to Expect. There are approximately 900 species of birds in the United States and recognizing each of them is nearly impossible. So when you visit an area, do a little research first. You may find that perhaps only a few species actually inhabit that particular area. With a little preparation, you will be able to more readily identify bird species from each other. Keep a list of successfully viewed species – we’ll call this tip number two and a half.
#3. Get a Great Pair of Binoculars. Spending time and money to get to the right place can be totally wasted when your binoculars are inadequate. If you have an inexpensive pair of binoculars you are not getting the most out of your viewing. Today’s technologies come at a price and they provide crucial benefits in wildlife viewing. For instance, image stabilization will keep your view from shaking-very important when watching from a long distance. Other cool features include anti-fogging, low-light viewing and wide-view characteristics. Additionally, binoculars with built-in digital cameras enable you to identify birds once you get home. These benefits will definitely enhance your bird watching. A great pair of binoculars will turn a mediocre experience into a great one. You can count on it!
#4. Practice Before You Go. A key to viewing wildlife, and especially birds, is to have the ability to very quickly put your binoculars on target. Many people have difficulty finding a full moon in a pair of binoculars-but alas-learning to focus on a bird in a bush or track a bird in flight is easy for someone who has practiced prior to their outing. Try this before you go; lower your binoculars to your side and very quickly raise them to find and follow a jet airliner across the sky. After only a few attempts, you’ll get good at quickly acquiring your target. Quite often, birds are visible for only a few seconds, practice to become proficient.
#5. Take Someone with You. Life is always better when shared. Not only do you get to spend time out of doors with someone you like, but they might alert you to the “Number One Sight of the Day.” Share your birding experiences with your friends and family. Pass the birding excitement to a child.
The best part about wildlife viewing is that you the viewer, control almost every aspect of the experience. The more you are prepared, the more rewarding your time in our backcountry will be. Follow these 5 simple tips to get the most out of birding. Get Outdoors!
Chuck Fitzgerald is Owner and President of Arizona based BackCountry Toys, an online store providing backcountry specialty gear and educational information for outdoor enthusiasts. Visit www.BackCountryToys.com to receive the free newsletter “FreshAir” or call (800) 316-9055.
chuck@backcountrytoys.com
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October 2, 2009
Control of Substances Hazardous to Health Regulations that was last amended in 2002, stipulates that employers must take adequate safety measures so that workers are not exposed to potentially hazardous substances. Recently, Southampton Crown Court granted a compensation of 27,500 pounds to an ex-employee of Prysmian Cables and Systems Limited and also ordered his company to pay 10,000 pounds as cost of court charges for violating the provisions of the above mentioned regulation not once but three times.
The company pleaded guilty, stating that the managers were unable to prevent the employees from being exposed to hazardous chemicals, which were known skin irritants, between early January and March 2008 in their company premises in Eastleigh. Employers can take this case as a wakeup call and act accordingly.
The Health and Safety Executive has emphasized the need to adhere to the regulations and has requested employers to take this matter seriously. Industries nowadays handle many hazardous substances on a regular basis and while this cannot be avoided, it is upon the employers to carefully assess the risk involved in handling these substances and adopt adequate precautionary measures like regular health checkups, protective clothing, etc to avoid causing serious damages.
Another important lesson to be learnt from this has been spelt out quite clearly by Anne Bartlett who is Specialist Inspector in Occupational Health with the HSE. According to her, there is a tendency among employers to ignore health risks involving the skin by declaring all skin ailments to be benign and minor skin rash, but this is not the case all the time. The ex-employee of Prysmian Cables had got dermatitis at his workplace, which became so serious that he had to opt for premature retirement.
Thus, health and safety standards at workplaces must be strictly maintained. This will not only be good for the employees but will also save the employers from financial loss and penalties, especially because the courts having zero tolerance towards such violations.
The Control of Substances (Hazardous to Health) Regulations set out what employers must do in order to manage the risks associated with the use of hazardous substances; click on COSHH Courses for training which will enable those responsible to identify and assess hazardous substances in the workplace and enable companies to put together plans to prevent and control these substances so that businesses and their employees can work safely.
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July 2, 2009
On May 1, 2009, there had been a recall of 14 Hydroxycut diet-aid products springing from a number of reports that folks using the products were developing serious liver problems and other health issues. Less than a week later, on May 4, the first Hydroxycut class action court action was filed against the company that manufactures the products, Iovate Medical Sciences. The Hydroxycut Lawyer alleges company failure in informing the public about potential risks of the products. Naturally, it’s too shortly to grasp the suit is going to turn out, but if the company had information which it did not reveal to customers, it should definitely be held accountable.
A class action court action is filed by a group of folk, all of whom have similar claims against a certain company. Filing a class action is just as effective, and far less pricey, than filing an individual suit. As a rule, filing a class action court action will not cost you anything unless there’s a settlement. At that point, the attorney who handled the suit will take his charges from the compensation that was given and then assign the leftover funds to the accusers in the case. Since this is the case, you will be ready to file a Hydroxycut class action suit without paying a penny out of your own pocket, which is an example of the explanations that class action legal actions became so popular.
The first class action suit against Iovate was filed in Canada where the company is located and represents all Canadian voters who sustained health problems due to Hydroxycut products. The FDA recall took place in the US Where twenty-three cases of liver disorders and other health issues had been reported. Health Canada failed to receive any reports of liver damage caused by the diet products, but they did receive 17 reports concerning people who sustained breathing, neurological, heart, and gastrointestinal problems as a result of Canadians using the products.
The Hydroxycut Liver Damage Suits alleges the company sold the company sold the products without properly informing the health risks that they could exposing consumers to. The complaint states the company failed to publish the data on the product labels saying that users could run the danger of liver and kidney damage as well as gut, cardio, respiratory, and neurological problems. The suit goes on to allege that this was a blatant omission on the part of the company which deliberately misled buyers concerning the security of the products.
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December 30, 2008
The Supreme Court has previously recognized that the employer has the burden to establish the BFOQ affirmative defense. A lawyer from Zeeland won from a lawfirm in Fort Collins South Carolina The company had its supervisors rate their subordinates based on their performance flexibility and critical skills. Twenty-eight of those 13 employees sued under the ADEA claiming Knolls illegally fired them because of their age. Knolls totaled those scores and gave the employees additional points based on their years of service. In other words the ADEA permits employers to discriminate based on age considering age is legitimately necessary under the circumstances. As long as the adverse action is based on reasonable factors other than age. At the trial a jury found Knolls had violated the ADEA because its layoff procedure had a disparate impact based on age. Thirty of the 16 salaried employees the company laid off were at least 34 years old. It then used those totals to decide who to lay off. Even if the employment action is otherwise prohibited by the ADEA. The United States Court of Appeals for the Second Circuit initially affirmed the jurys findings but after the United States Supreme Court asked it to reconsider the Second Circuit reversed itself and ruled in favor of Knolls. Specifically the jury found that although the plaintiffs did not prove that Knolls intentionally discriminated against them they did prove that Knolls method of deciding who to lay off disproportionately harmed older workers. The Supreme Court then agreed to hear the case and eventually reversed the Second Circuit and reinstated the jurys finding that Knolls policy unlawfully discriminated because of age. In reaching its conclusion that the employer has the burden to prove the reasonable factors other than age defense the Supreme Court looked at another provision of the ADEA the bona fide occupational qualification defense. It has the burden to prove that its decision was based on a reasonable factor other than age. The BFOQ defense states that it is not unlawful for an employer to take adverse employment actions otherwise prohibited by the ADEA where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. In that case Meacham versus Knolls Atomic Power Laboratory the Supreme Court interpreted a provision of the ADEA that permits an employer to take an adverse employment action against an employee. The Supreme Court ruled that if an employer seeks to rely on that defense. In Meacham Knolls Atomic Power Laboratory was planning to lay off a number of employees. For example it would not be illegal to consider criteria for a particular role in a movie that has a disparate impact on age if the part calls for someone of a particular age.
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May 25, 2008
Do you need a legal representative to help you with your case? The law gives you the right not to have an attorney, if you would rather not have one, but this could be one of the biggest mistakes you can make, mainly because, you don’t have the experience an attorney does, which will cost you in a court of law.
An attorney will provide you with a range of legal help, including helping you to get the best possible chance to win your case. If you are guilty, or there is too much evidence against you, they’ll work with you to at least give you the opportunity to get a lowered sentence, if possible. The legal world is not simple to navigate, but for an attorney, it is a lot easier.
Getting help isn’t difficult to do. With so many qualified professionals available in most areas, you will be able to find the legal expertise you are searching for. When you need legal help, look for an attorney that you know and can trust. You can find qualified professionals like this online. They’ll analyze your case and formulate a plan for it. The goal is for a successful end result.
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