About Non-Profit Corporations

About Non-Profit Corporations

If you are considering forming a company that acts as a charitable organization, serves to promote the public arts, or acts as a trade union, then you are actually looking to form what is known as a "non-profit." Non-profit businesses, in general, work to promote the good of the general public. Some examples of non-profit corporations include the American Red Cross, the American Civil Liberties Union, and religious organizations like churches.

Non-profit employees, in general, are not working for their companies in order to get rich. They do so because they believe in the cause and improving the way it benefits society. Overall, non-profit companies have a lot to offer. They provide support to those who otherwise would have great difficulty obtaining the help they need.

Non-profits may become corporations. In fact, the majority of these organizations do choose to incorporate because there are a number of benefits to be gained by doing so:

Granted permission to have its own property Granted permission to have its own bank account Organization becomes free-standing Protect the owners from liability Non-profit organizations can file for tax exemption. If they meet certain standards that have been established by the Internal Revenue Service (IRS), then they will be granted a tax-exempt status and will be considered free from paying federal income taxes.

Forming a Non-Profit Corporation

There are certain steps all non-profit founders must take in order to successfully form their operations. In order to successfully form a legally-recognized non-profit corporation, you must take all of the following steps:

Select an available name that will be approved by the state filing office File the articles of incorporation and pay the associated fee Select your board members and directors Hold the first meeting with the board to determine where you will incorporate the non-profit and to draft the bylaws File for tax exemption, if you so desire Make sure you have all of the necessary and required licenses and permits Open a bank account for the company Once these steps have been successfully carried out, then you will have a legally-functioning non-profit corporation.

Contact Us

Sometimes, those collaborating to form a non-profit will disagree over company ideals, basic ground-rules, or how they believe the corporation should be run. In these situations, the help of an experienced business attorney can be invaluable. If you are currently engaged in a business dispute over your non-profit organization, then Ellen Rothstein, Manhattan business lawyer, can help you come to a resolution. Contact her today by visiting http://www.erothsteinlaw.com/.


Civil Liberties - About Non-Profit Corporations

Things to Ask Your Lawyer

Things to Ask Your Lawyer

There are times in your life when you get caught in a few tangles. What you need is help, and not just any kind of help, but a seasoned professional who's worthy of his salt. You can definitely find a good lawyer, but all you need to do is research before you even sign the papers. Whatever case you're involved in, you have to know what kind of legal issue you're dealing with. Is it a civil case? Do you need someone who specializes in personal injury? Then, you need to come up with a list of lawyers who deal with that specific legal problem. You can do this if you ask friends, look through the phone book, or research on the net.

It's always best to get a referral. That way, you already have someone who can vouch for the lawyer you've chosen. Call for an appointment and write down a list of questions you'd want to ask. These things are standard operating procedure, and if the lawyer is good, he'll be more than willing to answer all of them competently. Here are just some of the things you may want to ask:

1. How much do they know about the subject area you're concerned with?
- Sometimes, lawyers may enumerate all the human rights code and all the other things that you don't understand. Ask him to state it in layman's terms so you know what you're about to get yourself into.

2. What is their track record?
- You don't have to discuss each and every case for this one; just ask for the ones that are similar to yours. Ask him how he was able to win it and what your chances are.

3. Is there a fee for consultation?
- Admittedly, hiring for legal assistance can be quite expensive. It's best you know how much you'll eventually have to shell out. If you're strapped for cash, look for the one with the most reasonable price. Or, you can always turn to legal aid if you can't quite afford any of your options just yet.

4. What could be the best and worst possible scenario for you?
- Be smart about your move and know your chances. Your lawyer ought to know how you can negotiate. However, the final decision will still be yours. Don't ever let anger get the better of you. You'll be dealing with an objective court, and now is a good a time as any to leave your emotions by the door.

5. What you need to take into account when you both go to trial?
- Are there some points you need to stress on when you're being questioned? If the opposing council stood up and started barraging you with questions, you should know how to answer each of them. Grace under pressure: that may yet be your best ally.

When it comes to legal matters, preparation is crucial. You need to defend yourself at all costs, and when you know you've been right all along, there's no need to panic. As long as you keep an open mind and can foresee every possibility, winning is never too far behind.


Civil Liberties - Things to Ask Your Lawyer

Benefits of Pro Bono Work

Benefits of Pro Bono Work

The vast majority of legal non profit jobs are found in public interest and government sectors. Within the public interest sector, the issues one can focus on spread out in a broad spectrum. It contains lobbying, litigating, working in a big city to a remote region abroad, hands-on work and protecting civil liberties through appellate advocacy. One can find tremendous work opportunities here. Many public interest lawyers work with civil legal services organizations and provide free representation to clients on non-criminal matters, family law, employment, disability issues, housing, elder law, homelessness, etc. Public defenders provide free representation to those accused of a crime and unable to afford legal counsel. Many legal non profit jobs are focused on specific legal issues and this can be done via direct representation of clients, through policy work and lobbying, or a mix of both. Many public interest advocates work on a range of international issues.

Share of Legal non profit jobs in Economy:
In North Carolina alone, non profit sector contributes 213,000 jobs which is 6% of the total jobs. Out of this 3% provide scientific, professional, and technical services, like research and legal services. There are lots of non profit job postings on employment websites. Non profit sector contributes .8 billion into this state's economy each year. This sector provides three times more jobs than the information industries and transportation sector and fifteen times more than utilities industry for the state of California.

Non profit Staffing:
Non profit worker's average weekly wages are 3 which is 4% less from workers in business sector and local government, and 11% less than state government. These averages show significant variations for different fields. Attorneys have an ethical obligation in some states to provide pro bono assistance to people in need of legal services which they can't afford. According to the ABA Model Rules of Professional Conduct, a lawyer should aspire to render at least 50 hours of pro bono public legal services per year. And Americans do get free legal help for which they are eligible. Supporters of pro bono service generally focus on the compelling need for such assistance. Companies send their associates for non profit advocacy because it is an inexpensive and efficient way to professionally develop them.


Civil Liberties - Benefits of Pro Bono Work

Forced Democracy

Forced Democracy

Why can't humans get along the world? It seems almost laughable that we worked so hard to help bring democracy, human rights in peace to the world; only to see it all torn back apart by the negative and hostile intent of man. It seems innately that the human species has characteristics that only the devil would be proud of.

Should we forced democracy all the world; surely it would be better than many other current forms or lack of government structure that some of these nations have. When all else has failed, and nothing has worked in wind humans in their civilizations break down to utter chaos, infighting and the Civil War; do we step in to assist them through the process or do we sit back and allow them to be doomed to repeat that which we have already learned?

Forced democracy is indeed interesting concept; we have seen in human history forced communism, dictators and imperialism. We have seen socialism run amok and we have watched democracies fail. A pure democracy without a strong government structure will break down into a mob mentality if left unchecked. The republic, which operates as the democracy is by far the best bet. Should we then impose such a government structure bought a group of people who have lost their way?

If we don't, many people will die in Civil War, civil unrest and there will be human rights abuses. If we do, one could say we are no better than those other forms of government in civilizations, which have been unduly imposed on the will of people; depriving them all the life, liberty and the pursuit of happiness. The reason I asked this question; is not because all I wish to impose my will over another or over a whole group of people, but rather because I know in many cases would chaos ensues that if something is not done the consequences are far worse.

From a philosophical standpoint one could say that it is none of our concern, however leading people needlessly die, when all the indeed is a helping hand and the little education on how to set up their own government; for the people and by the people; then should we be there to provide that hand? Yes, there are no easy answers to this question, are merely pose it because I see a further degradation of societies and civilizations which have a spark in the glimmer of hope and are worthy of our assistance. So, I say to you my fellow man; what is a human life worth. What is the value of freedom and when will we as the people come together in a common cause of liberty for all; across all barriers and wrapped around this pale blue dot. Consider this in 2006.


Civil Liberties - Forced Democracy

Folding the American Flag - The 12 Folds and What They Signify

Folding the American Flag - The 12 Folds and What They Signify

When we fold our American flag we fold the stripes toward the stars, for whereas the stripes represent the 13 original colonies that founded our republic and they are now embodied in the 50 sovereign states represented by the stars so that the stars cover the stripes on the flag.

The 1st fold of our American Flag is a symbol of life.

The 2nd fold is a symbol of our belief in the eternal life.

The 3rd fold is made in honor and remembrances of the Veterans who have departed their prospective ranks who gave a portion of their life for the defense of our country to attain peace throughout the world, not to have been in vain and shall never be forgotten.

The 4th fold represents our weaker nature, for as American citizens trusting in God, for it is to Him we turn in times of peace as well as in times of war for his divine guidance.

The 5th fold is a tribute to our country, for in the words of the immortal Stephen Decatur, "Our country, in dealing with other countries, may she always be right, but it is still our country, right or wrong".

The 6th fold of our flag represents where our hearts lie - andn it is with our hearts that we pledge allegiance to the Flag of the United States of American, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

The 7th fold is a tribute to our Armed Forces, for it is through these same armed forces that our country is protected and our flag protected against all her enemies, whether they be found within or without the boundaries of our republic.

The 8th fold is a tribute to the one who entered into the Valley of the Shadow of Death, that we might see the light of the day, and this fold is made to honor a Mother, for whom it flies on Mother's Day.

The 9th fold is a tribute to womanhood, for it has been through their faith, love, loyality and devotion that the characters of men and who have made this country great have been molded.

The 10th fold is a tribute to fathers, for they too have given of their sons and daughters for the defense of our country since they were his first born.

The 11th fold of our Flag , for in the eyes of a Hebrew citizen, this represents the lower portion of the seal of King David and King Solomon, and glorifies in their eyes the God of Abraham, the God of Isaac and the God of Jacob.

The 12th and final fold, for in the eyes of a Christian Citizen, this represents an emblem of eternity and glorifies in their eyes God the Father, God the son and God the Holy Ghost.

When our American Flag is completely folded, the stars are uppermost, which reminds us of our national motto, "In God We Trust."
When the American Flag is completely folded and tucked in, it takes on an appearance of a cocked hat, ever reminding us of the Sailors and Marines who served under Captain John Paul Jones, and they, followed by their comrades and shipmates in the Armed Forces of the United States, have preserved for us the rights, Privileges and Freedoms that we are enjoying today.


Civil Liberties - Folding the American Flag - The 12 Folds and What They Signify

Brief History of American Slavery (1619-1865)

Brief History of American Slavery (1619-1865)

In this series of articles, I will attempt to relate the conditions which led to the racism that was so prevalent in the America South during the 1960s, which led to Dr. Martin Luther King, Jr.'s successful attempts to combat racial segregation by basing his program in Birmingham, Alabama. Although he was finally assassinated in Tennessee, Alabama was truly his base of operations for his program of marches and protests throughout the 1960s.

What really polarized America, creating the conditions that fostered the extreme, perverse, and as yet abiding racism of the Deep South? What forces made the divisive split between the North and the South happen, before, during and after the Civil War? What caused the conditions leading to extreme racial segregation in the Deep South, plus of course the ideology, life, career and eventual assassination of Dr. Martin Luther King, Jr.? And why was a deeply religious man so political and so close to the Presidency, when the separation of church and state would be very likely to keep him away from that prestigious office?

American Slavery - Beginnings in 1619

The Biblically ancient institution of slavery is sadly worldwide, going well beyond the United States. It is basically a social and economic system under which the people known as slaves are deprived of their freedom, and indefinitely condemned to performing free services for the people known as their masters, who own them as property. They are usually not allowed any personal liberties, being entirely subject to the whims of their masters, and are driven into oppression and hard-pressed circumstances.

It's not a Sunday picnic, nor is it a lifestyle anyone would choose. Patrick Henry, one of our nation's founding fathers, put it this way: "Give me liberty or give me death." He really meant that, as he said it before he was hanged to death for opposing the colonial British. But his kind was also often slave owners. For example, both our first President George Washington and our third President and the Declaration of Independence's author Thomas Jefferson owned plantations, keeping many black slaves. Jefferson even "used" a black mistress, fathering several children with her, whose descendants survive to present times.

Howsoever, American slavery actually began in 1619, a few years after the foundation of the first English colony in Virginia. It ended officially in 1865 with the passage of the 13th Amendment to the U.S. Constitution. It didn't end with the signing of the Emancipation Proclamation by President Abraham Lincoln, as many people think, on New Year's Day in 1863. Dr. King stated that Lincoln was averse to ending slavery at first, being unsure that he could manage to persuade the southern states into following abolition - which meant total abolishment of slavery practices.

These involved the keeping of black people as physical property, otherwise called "chattel slavery," where they were to be eternally held against their will, and bred as servants, lackeys and field labor in plantations and farms owned mostly by white people. Lincoln was quite correct; the South remained adamantly opposed to the death of slavery, to the point where some stubborn white people are trying to reinstitute it nowadays.

For example, there was the white southern bus driver who tried recently to get black kids to ride in the backs of their school buses. Fortunately, that fell through, and she was fired. The Louisiana school district suspended her while it investigated the complaint that she ordered nine black children to sit in the back of the school bus she was driving. Two black mothers sparked the complaint, saying that this bus driver had let white students have their own seats - while black students were forced to stand or even sit in other student's laps.

Read the next article in this series, "American Slavery - Continuing History" and the other articles in this long article series about why racism was and is so prevalent in the American South.


Civil Liberties - Brief History of American Slavery (1619-1865)

Cooking a Frog - The Story of Fascism

Cooking a Frog - The Story of Fascism

There's that old adage about tyranny being like boiling a frog in a pot of water. You have to turn up the heat slowly or the frog will jump out... and if you ask someone from the bayou they will tell you to cook that frog slow. That is the analogy people in the research community use for tyranny because it doesn't happen all at once and is not as noticeable as storm troopers goosestepping down your street.

Tyranny is a slow and encroaching process that cloaks itself in patriotism to fool the public until it is too late. Just like boiling a frog in a pot, the heat is turned up on the public slowly over a long period of time so very few people notice what is happening.

Who is going to notice a few check points here, a few urban training drills there, and an erosion of civil liberties when they tell us it is for our protection?

There's another old saying, "Those who don't learn from history are doomed to repeat it."

German citizens in the Wiemar Republic did not understand the tyranny they were living through. Even after the war, when the shocking evidence of the concentration camps was revealed, many Germans could not believe such horrible things happened right under their nose.

When history repeats will we be able to see? Will we be able to lift the veil of national security to see what has been going on under our noses?

My advice to the frog is, "Jump out of the pot while you still can."


Civil Liberties - Cooking a Frog - The Story of Fascism

The 'Rule of Law' Promotes Liberty or Fosters Tyranny - It All Depends

The 'Rule of Law' Promotes Liberty or Fosters Tyranny - It All Depends

Often you hear that we are ruled by laws - not by men. That implies the laws are just and protect our liberty, whereas men (and women) rule when opportunity arises to their own interests with disbenefit to others. But, of course, laws are continually created and modified by men and women to serve their interests. So, bad laws that can tyrannize some people are to be expected.

Then, when is the 'rule of law' promoting liberty and not fostering tyranny? It does so when it secures our unalienable rights through court processes that preserve them for each of us.

The freedom that we seek is really liberty. Liberty is freedom restrained and preserved through law. It guarantees our unalienable rights (our liberties) which are self-evident 'rights' embedded in the psyche of man. They arise from his nature and are unchanging.

America's Declaration of Independence founded the U.S. as a government whose purpose is to secure the unalienable rights of life, liberty, and happiness for each of us. These include one's right to self-determination, to own property, to parent his child, to pursue whatever profession or enterprise he wishes, among others.

The laws which a country devises are man-made laws so they are subject to the whims, interests, and errors of those that form the laws and the rules by which they're carried out. Good laws are those that secure the unalienable rights for each of us. But the power of special interest groups can often pervert laws jeopardizing or denying rights of some.

Bad laws were expected by our founding fathers who were tyrannized by England's treatment of them as colonials. They also recognized that laws deteriorate over time as special interest groups grow too much in influence and control within governmental affairs.

Seeking to guarantee our rights against the government, the founding fathers created the Bill of Rights (now complemented by further amendments) which purported to express some of our rights and restrict government infringement of them. Such rights are not subject to be voted down; they're to be secured only. They make us a republic and not a pure democracy subject to tyrannical factions.

We each confront the laws of our land when we go to court either as a defendant against the state or as a litigant in a civil suit. So courts are where the 'rubber meets the road' - i.e. where you find out if your government is securing your inalienable rights or not. It's the judicial system with its rules and processes that determine if your rights are protected - or not.

*Right to trial by informed jury as protection against corrupt judicial processes and bad laws:

Because of judiciary's unique position of authority over the laws and its rules, the founding fathers believed it to be most vulnerable to perverting the meaning of good laws and forging bad processes under their own or others' special interests. To counter the exclusive control of the judiciary by the judicial elite, a trial by an informed jury was built into the Bill of Rights even where only a substantial sum of money was at stake in a trial.

The jury was the public's way of participating in the judicial process as a protection against judicial perversions or the bad laws it tries to enforce. The jury is considered 'informed' because it had the right not only to judge the truth or falsity of the evidence, but find the defendant innocent despite the evidence if they considered the law unjust or unfair.

Thomas Jefferson considered that guaranteeing an informed jury for trials was the only way yet known to man to preserve the principles of the constitution against bad laws and a perverted judiciary. Some even considered the right to an informed jury more important to preserving our liberty than the right to vote.

*Incorporating the Maxims of law promotes truth, justice and fairness in courts:

Since it's in the court and its processes where your rights are in jeopardy, it's important that those processes and judgments reflect and incorporate those self-evident truths that we all know should apply. These are called Maxims of law.

The job of the Maxims is to bring out the truth of the matter. That's because without truth you can't have justice. And without justice, you can't have liberty. So where the Maxims are ignored, the court is denying justice to a defendant or a litigant.

*What function do Maxims promote in Court processes?

Maxims:

- Promote truth by requiring only sworn testimony against a defendant or litigant and require that perjury be punished when evident.

- Don't subject litigants to laws that are vague - not clear to exactly what's required or due. Wrongs must be clearly wrong to reasonable persons - not made up whims of special interest groups

- Require clear and convincing proof for wrongs done - not accusations and preconceived victims and perpetrators

- Recognize that litigants' motives often determine the nature of their testimony

- Imposes no punishment or obligation where no wrong is done

- Matches obligations and the benefits that accompany them to the same litigant

- Assures the legal processes that benefit one person are not denied to another person.

It's hard to believe that there are courts that ignore such self-evident requirements to help promote fair judgments. But there are.

*Does the rule of law you're living under mean liberty or tyranny?

Courts are where our rights are in jeopardy - where our unalienable rights are secured or not. Their position of final authority on what's legal - versus what's right and just - makes them dangerous to litigants and the principles of liberty.

Those who would tyrannize some while benefiting others, will do so through the judiciary and those court processes that exclude informed juries, ignore the Maxims of law, and enforce legal excuses that profess to be a greater good than our unalienable rights.

Now you can recognize if you're tyrannized or receiving justice according to the 'rule of law' you're subject to.


Civil Liberties - The 'Rule of Law' Promotes Liberty or Fosters Tyranny - It All Depends

Returning to Bondage

Returning to Bondage

"The average age of the world's greatest civilizations has been two hundred years. These nations have progressed through this sequence: From bondage to spiritual faith; from spiritual faith to great courage; from courage to liberty; from liberty to abundance; from abundance to selfishness; from selfishness to complacency; from complacency to apathy; from apathy to dependence; from dependency back again into bondage." --Sir Alex Fraser Tyler (1742-1813) Scottish jurist and historian

I wanted to share this quote because it really impacted me. Does history always repeat itself? Are we doomed continue on in this cycle? And, if we're in this progression, where are we in the process?

If this is an accurate representation, it seems as a society we've moved past bondage and spiritual faith as concepts that define us. Some would argue this as they truly believe their lives are based on faith. I would also suggest that we've moved past courage and liberty though, again, there are those, politicians, who believe or at least suggest, that we're in the midst of it (despite a very strong impulse of some to take away our liberties).

We were once an abundant nation, that is undeniable. And as we can see from recent reports, our country is most certainly abundant physically given the obesity epidemic.

Unfortunately, it appears the masses have moved into the selfish and complacent phase. And we're nearing, if not completely on board with apathy. Our bridges are collapsing. Our civil liberties are eroding. New Orleans has been abandoned.

It's clear that we've also become dependent. Look at how we've outsourced many jobs to India and China for cheaper foreign labor. What about our dependence on foreign oil? That seems to have presented a few problems for us in the last few years.

There's a lot of talk about illegal immigrants nowadays. It seems all of the jobs that used to be good, middle/working class careers which used to provide for a family a living wage, health insurance, the ability to buy a house and two cars, put your kids through college, and have a pension for retirement. . . the powers that be are outsourcing these jobs to be performed somewhere else for a fraction of the price and with no safety or environmental restrictions.

If this all weren't enough to prove dependence, what about that foreign oil? On road trips with my children, I often hear, 'Are we there yet?' We're there. We're on borrowed time. And I fear there's an imminent return to bondage. We've gone over this 200 year cycle by 31 years.

What do you think? How can this be reframed so we are triumphant? I am trying to stir you all up, poke at the sore spots. .. so poke me back, start a debate.


Civil Liberties - Returning to Bondage

Guatemala Real Estate Listings Are Prospective Long Term Investments

Guatemala Real Estate Listings Are Prospective Long Term Investments

Guatemala is known in Spanish language as Republica de Guatemala. The land area of Guatemala is about 109,000 sq. km. and the population is around 13,277,000. The capital is Guatemala City and the national language is Spanish. Another 22 indigenous languages are also spoken in this country. Guatemala is classified as a developing country but it is among the ten poorest nations in Latin America. More than 50% of the population is estimated to be below poverty line and several social problems face the country. The civil war of the 1990s came to an end with the peace accords in 1996. This removed a major hurdle in the growth of the country and in improving direct foreign investment. Tourism had also improved in this decade, bringing greater revenues.

Guatemala possesses 14 separate ecoregions consisting of 5 distinct ecosystems. In spite of the biodiversity, the earthquakes and volcanic eruptions are quite common in this country. Recently, Pacaya volcano erupted on May 27 and the capital city was blanketed with black sand, leaving 8 centimeters of sand and ash. The cleaning work had been continuing, while the international airport was opened after a brief closure. Still, these natural disasters had not discouraged international investors from flocking to Guatemala for obtaining Guatemala real estate for sale and Guatemala rentals for bargain prices. The Guatemala real estate prices had been quite low due to the strong exodus of the local population to several other countries during the civil war and frequent fights between local gangs, with the United States being the major destination for those leaving the country.

The Pacific Coast is within 100 miles from the capital city of Guatemala. This provides a rare opportunity for international investors to actively put their money in Guatemala for sale and Guatemala rentals. The properties vary from vacation homes, large areas of vacant lands, commercial spaces, and beach front properties to urban homes and condos. The global depression of 2008 and the continuous migration of people to other countries had brought down the property prices in Guatemala significantly. These lower prices are actually a boon to international real estate investors to buy Guatemala real estate listings at bargain prices and profit from them in the next five to ten years. Guatemala real estate industry does not offer short-term gains but prospects for long-terms profits definitely exist. In particular, Antigua, an enchanting Spanish town, and the areas surrounding it provide substantial Guatemala real estate investment opportunities to international property buyers. Several properties are available at significantly low rates, compared to the prices that prevailed in 2007.

Still, foreign investors would do well to understand the Guatemala laws. Property sales tax is 12% and the annual property tax is also higher. Hence, most properties are registered at one-tenth of the actual selling prices. Corruption is rampant in Guatemala and foreign investors should become accustomed to that. They are allowed to purchase, maintain, and sell Guatemala without any restrictions, except lands near rivers, oceans, and international borders. One main advantage for foreign investors is the law passed by the government in 2001, allowing foreign currencies for Guatemala real estate transactions and hence buying properties directly with US dollars is not a problem.


Civil Liberties - Guatemala Real Estate Listings Are Prospective Long Term Investments

Criminal Law - Can You Get Legal Aid for Your Case?

Criminal Law - Can You Get Legal Aid for Your Case?

The Criminal Justice System of England and Wales provides the mechanism for maintaining law and order. If an individual is accused of a criminal offence it is this system which will be utilised in an attempt to establish the truth. It is a cornerstone of the English legal system that suspects are entitled to a fair procedure and in order to ensure they have the best defence possible is will often be necessary for them to engage the services of a criminal lawyer at various stages during the process. However this can be expensive and far beyond the financial remit of many who require the service. To combat this and to ensure the suspected criminal can have a proper defence it may be possible for the accused to obtain Legal Aid which can provide the required services at no cost.

Criminal Legal Aid can provide a significant amount of legal services, for example: advice from a solicitor on criminal matters, free advice at the police station whilst being questioned, preparation of a case and representation in court. It is not an automatic right to receive Criminal Legal Aid although it is likely to be granted if required to help preserve a fair, balanced procedure. It would be highly unsatisfactory if accused were not afforded with this protection since the prosecution have such better resources.

Anyone can apply for Legal Aid by completing an 'Application for Legal Aid in Criminal Proceedings'. Whether that application will be successful or not depends on a range of factors. The main considerations relate to the type of legal problem you have, your income and assets and whether there is a reasonable chance of winning your case. When applying try and take evidence of income if you can, typically those with incomes of over £21,000 will not be eligible except if they can show exceptional hardship. For those earning less than £21,000 but more than £12,475 a more complex means test is carried out to determine the individual's disposable income in an attempt to decipher whether they are really reliant on Legal Aid.

As well as passing these considerations an applicant must also satisfy the interests of justice test which concerns whether you require the legal help in the interests of justice, things such as potential loss of liberty and livelihood will be taken into consideration.

Legal Aid is extremely valuable to the justice system of England and Wales and the role it plays in preserving civil liberties is significant since it provides those who may not be fortunate enough to afford it with the means of obtaining the legal advice they require. The old maxim that it is better for ten guilty men to walk free than for one innocent man to lose his freedom would be in jeopardy were it not for provisions such as Criminal Legal Aid.


Civil Liberties - Criminal Law - Can You Get Legal Aid for Your Case?

Biometric Passports

Biometric Passports

Biometric devices use the physical and behavioral traits of individuals to authenticate their identities. Gait, hand measurement, the retinas and the irises of the eye, the face pattern, the fingerprint, the voice, the face contour and the signature of an individual are used to identify him or her. The biometric technology is one of the latest in those introduced, to make passports more secure and tamper proof. The passport has an embedded electronic chip, which makes the passport behave more or less like a smartcard. The chip uses the RFID (Radio Frequency Identification) technology like smartcards. These passports have a minimum of 32k of memory capacity.

For now, biometric passports are restricted only for the use of government officials and diplomats. This was an extremely necessary step in the post 9/11 era. In the coming years, the American government plans to start issuing biometric passports even for the purpose of tourism. However, the pricing of the biometric passports for the general public is yet undetermined.

Although the system of having biometric passports seems like a very good idea to ward off illegal immigration and terrorist activities, yet, it is not without its own package of disadvantages. A number of organizations agree that the introduction of biometric passports may well be the biggest threat to the civil liberty of individuals all over the world. As America and the European Union plans to negotiate with other nations on the introduction of this new technology equipped passport, the entire world population will find itself recorded as a piece of digital information stored on a computer's memory chip. Tracking an individual by using this global database will then become extremely easy.

Though this system will make the lives of criminals and other anti-social forces very difficult, it could wreck havoc if it found its way to the wrong set of hands.


Civil Liberties - Biometric Passports

The Conservative Movement - Suggested Organizations and Websites

The Conservative Movement - Suggested Organizations and Websites

Decided that you want to become more active in the conservative movement? Well, here are some suggested web sites you may find helpful:

1. aBetterEarth.Org

aBetterEarth.org is a special project of the Institute for Humane Studies, a non-profit educational organization. Affiliated with George Mason University, IHS educates and supports college students and recent graduates interested in the classical liberal tradition of individual liberty, voluntarism, and peace.

The project is funded by individuals and foundations who share a positive vision of the world. While many evironmental groups advocate solutions that may have unintended -- or intended -- consequences, aBetterEarth.Org believes in three overriding concepts: local control and property rights; actions have unintended and harmful consequences; and the fact that the earth is a dynamic place.

The IHS staff members believe that "people often behave as good stewards of the environment when they control the resources at hand." They also believe "government policy, because it is so far reaching, can have some of most dramatic unintended consequences, leaving the biggest footprint on the environment."

2. Accuracy in Academia

Accuracy in Academia, a nonprofit research group based in Washington, D. C., wants schools to return to their traditional mission-the quest for truth. To promote this goal, AIA documents and publicizes political bias in education in Campus Report, its monthly newsletter.

CR articles focus on: the use of classroom and/or university resources to indoctrinate students; discrimination against students, faculty or administrators based on political or academic beliefs; and campus violations of free speech.

Accuracy in Academia posts more frequent updates on all of these stories and issues on its companion web site.

Celebrated author and columnist Thomas Sowell said, "If sanity ever returns to the academic world, part of the credit will go to a small newspaper called Campus Report, which has exposed innumerable incidents of brainwashing replacing education on college campuses, storm trooper tactics being accepted and rewarded by 'responsible' college administrators, and academic and behavioral double standards being applied to the group to which one belongs, rather than one's own behavior or performance."

3. Accuracy in Media

The granddaddy of media watchdogs, Accuracy in Media is credited with exposing American news media bias to the world.. It's also one of the most widely quoted organizations in the country.

Accuracy In Media is a non-profit, grassroots citizens watchdog of the news media that critiques botched and bungled news stories and sets the record straight on important issues that have received slanted coverage.

AIM's website offers visitors an abundance of resources including up-to-the-minute press releases regarding incidents of media bias, inaccuracy or a journalist's hidden agenda. There are also columns written by AIM staff and guest columnists, special reports and briefings. Internet visitors can also signup for e-mail alerts and reports from AIM.

4. Acton Institute

The Board of Director and staff at the Acton Institute believe that their primary mission is to promote a free and virtuous society characterized by individual liberty and sustained by religious principles.It views justice as a duty of all to give the one his due but, more importantly, as an individual obligation to serve the common good and not just his own needs and wants.

Acton organizes seminars aimed at educating religious leaders of all denominations, business executives, entrepreneurs, university professors, and academic researchers in economics principles, and in the connection that can exist between virtue and economic thinking.

The institute's website contains editorials, research studies, public policy statements and information on their seminars and conferences. Their conferences are held primarily in the United States, but they also conduct some conferences in Europe and Latin America.

Acton also publishes a journal called Religion & Liberty that engages the intellectual reader on issues in the areas of religion, politics, economics, literature, and culture. They also publish the Journal of Morality and Markets, that is an academic journal dedicated to examining ideas in the unique interdisciplinary niche that brings together economics, theology, and philosophy.

5. AgapePress

AgapePress gives readers the real lowdown on political and cultural issue of concern to Christians with stories you won't read in the New York Times, Washington Post, USA Today, or your local newspapers. The news content available from AgapePress focuses on issues that have moral, social, and political implications, and is written from a Christian worldview -- something you won't find in the secular news media.

Besides up-to-the-minute coverage of breaking news stories, AgapePress has a team of respected columnists that includes Jane Jimenez, Dr. Matt Friedman, Joe Murray, and Brad Locke as well as guest commentary by some of the nation's top conservative commentators.

"They attempt to shine the light of the gospel on such highly volatile topics as pornography, the homosexual agenda, education, the pro-life debate, and the influence of the entertainment industry, to name just a few," said Rev. Mark H. Creech, executive director of the Christian Action League of North Carolina, Inc.

For the best news and commentary from a Christian perspective, visit: [http://www.agapepress.org/]

6. The Alliance Defense Fund

The Alliance Defense Fund is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation. The ADF was founded in 1994 by 35 ministries for a unique purpose: to aggressively defend religious liberty by empowering Christian allies, recognizing that together, they can accomplish far more than any single ministry can alone.

One of the ADF's guiding principles is that they are committed to anticipating and meeting the legal needs of those dedicated to preserving religious liberty. In civil litigation cases, the ADF provides some of the nation's top trial lawyers and First Amendment experts to work pro bono on cases that have an impact of Christians' liberties.

The ADF believes it is a servant organization that provides the resources that will keep the door open for the spread of the Gospel through the legal defense and advocacy of religious freedom, the sanctity of human life, and traditional family values.

7. The American Conservative Union

Founded in 1964, the American Conservative Union is the nation's oldest and largest grassroots conservative lobbying organization. ACU's purpose is to communicate and advance the goals and principles of conservatism through one multi-issue, umbrella organization.

Besides their monitoring of US Senators and House members, the ACU's most significant efforts include fighting to keep OSHA off the backs of small businesses; opposing the Panama Canal giveaway; challenging the SALT treaties; supporting aid to freedom fighters in communist countries; promoting the confirmation of conservative justices to the Supreme Court; advocating near-term deployment of strategic defenses; and battling against higher taxes and wasteful government spending.

In 1994, when then-First Lady Hillary Clinton attempted to shove Socialize Medicine down the throats of Americans, through its Citizens against Rationing Health coalition, sponsorship of national town meetings, and Health Care Truth Tour, ACU spearheaded the conservative response to the Clintons' health-care proposals, which eventually stopped "Hillary Care" in its tracks.

They have arguably one of the best conservative websites on the internet. Visitors may check on their senator's or House representative's record, read the latest commentary by noted columnists, read their award-winning publication Conservative Battleline, or discover how to become an active part the conservative movement.


Civil Liberties - The Conservative Movement - Suggested Organizations and Websites

Biography of Martin Luther King Jr

Biography of Martin Luther King Jr

"I have a Dream" were the famous words once uttered, as an expression of deep intention that later inspired a country to leap forward towards civility. These were the words voiced by Martin Luther King, Jr. in Washington on the 28th of August 1963. Born on January 15, 1929 to an educated family of pastors in Atlanta, Martin Luther King, Jr. dedicated his life for the cause of civil rights.

Having lived during a time when the colored people were discriminated against and jeered at Martin led a crusade to ameliorate his Negro community into the radiance of hope. Martin Luther King, Jr. had an admirable and exceptionally eventful academic career. After completing his graduation in 1948 he went on to complete his doctoral studies from Boston University in 1955. During these early years alone Martin had proved his mettle beyond doubt. His exceptional ability to orate and converse heart to heart with the people in distress gained him wide acclaim. His capacity to convince and lead made him stand out in every milieu that he appeared. These and such other attributes made him carry out the first major protest rally of Negroes in America in 1955. He was then already a member of the 'National Association for the Advancement of Colored People.'

Two years later the Southern Christian Leadership Conference elected Martin Luther as president to give the much-needed impetus to an escalating civil rights movement. His education in theology and influence of Gandhi's philosophies inspired him to remain non-violent in his actions of protest. He preached to refrain from wrongful deeds. His discourses were free from hatred for the Whites, who were responsible for depriving them of their "unalienable Rights" of "Life, Liberty and the Pursuit of Happiness" as enshrined in their constitution.

The greatness of the man lay in his fight for equality amongst blacks and whites and not for the cause of the Negroes alone. He professed the laws of equal status and equality of wages for blacks and the whites alike. He was also eloquent and vociferous in criticizing the American policy of waging war in Vietnam. In his pursuit to give his people a better life and connect with his people he traveled extensively, protested, rallied and addressed on a multitude of occasions. The books and articles that he wrote during the course of his journey in life are treasured as sanctified documents that bear the testimony of the uprising of the disadvantaged humanity.

The 'Montgomery Bus Boycott' movement 1955, the Birmingham campaign of 1963 and the like will always remain as a landmark movement in the history of American Civil Rights Movement. During all these years he also suffered several assaults and served prison terms at least twenty times. He held positions of high office and rendered his leadership and services to several institutions and agencies across the country. Apart from the several prestigious awards and fellowship during his academic years his fight for the cause humanity and righteousness earned him numerous awards and honorary degrees from diverse institutions both during his life time as well as posthumously.

Martin was declared 'Man of the Year' by Time magazine in 1963. In 1964 at a tender age of 35 he received the Nobel Prize for Peace. He is the youngest black person yet to win this notable award. His exemplary life came to an end in the evening of April 4, 1964 when he was assassinated while he was standing in the balcony of a motel he was staying in Memphis. Martin Luther King, Jr. will always civil rights activist who fought not only for his community but for equality and well being of all his countrymen.


Civil Liberties - Biography of Martin Luther King Jr

State of Texas Arrest Records

State of Texas Arrest Records

The state of Texas is a leading proponent for the improvement of criminal history records and sharing of justice information across the country. Several programs and services by the Crime Records Service Bureau of Texas are in place for that. Background checks on firearm purchases, pre-employment searches for work with children, elderly, and disabled, and homeland security searches and investigations are key national initiatives that are actively supported in Texas enforcement circles.

The Texas Department of Public Safety (DPS) is the criminal history repository for the State of Texas. Managing Criminal Records is one of its core functions. There are 2 components to the Texas Criminal Justice Information System (CJIS) namely the Computerized Criminal History System (CCH) and Corrections Tracking System (CTS). Their records comprise of information submitted by criminal justice agencies only within the State of Texas. Among them, Texas arrest records are a favorite.

Unlike some states which require signed release for the retrieval of criminal history information, Texas regards conviction records in general as public information. That means any member of the public has the right to retrieve them from the responsible agency and this includes Texas arrest records. For non-public arrest records, they are still accessible with consent from the individual or approval from the authorities.

As a state, Texas ranks highly in many areas, good and bad. True to that, the overall state crime rate of Texas has been regrettably one of the 10 worst. Couple that to its second largest population and we get an alarming amount of crimes. Fortunately, public measures are well in place to combat this ill. Free public arrest records are a good example. In Texas, records are generated for all arrests made regardless of subsequent proceedings and outcome and they remain on file indefinitely.

A practical way to safeguard personal and business interests is by conducting Texas Arrest Records Search. It is quite common nowadays in pre-employment screening, official personnel profiling and private purposes such as background-checking new neighbors, friends and relatives. Free public arrest records are available but it must be noted that there are legal fine-prints to observe when using these records.

The private sector is permitted to tap into Texas State Repositories for criminal conviction record information. Besides private individuals, the majority of the users who take advantage of this liberty are commercial record providers. They supplement the free public arrest records with their private resources and the results are typically instant and professional, making them an increasingly superior option to government departments.


Civil Liberties - State of Texas Arrest Records

Biometrics History -- Looking at Biometric Technologies from Past to Present

Biometrics History -- Looking at Biometric Technologies from Past to Present

The ancient Egyptians and the Chinese played a large role in biometrics' history. Although biometric technology seems to belong in the twenty-first century, the history of biometrics goes back thousands of years. Today, the focus is on using biometric face recognition and identifying characteristics to stop terrorism and improve security measures. Once an individual is matched against a template, or sample, in the database, a security alert goes out to the authorities. A person's space between the eyes, ears and nose provides most of the identifying data.

The ACLU and other civil liberties groups are against the widespread use of these biometric technologies, although they acknowledge the necessity of their presence in airports and after the London bombings. Biometric technologies also need to achieve greater standardization and technological innovations to be recognized as a trustworthy identity authentication solution.

A timeline of biometric technology


o European explorer Joao de Barros recorded the first known example of fingerprinting, which is a form of biometrics, in China during the 14th century. Chinese merchants used ink to take children's fingerprints for identification purposes.

o In 1890, Alphonse Bertillon, a Parisian police desk studied body mechanics and measurements to help identify criminals. The police used his method, the Bertillonage method, until it falsely identified some subjects. The Bertillonage method was quickly abandoned in favor of fingerprinting, brought back into use by Richard Edward Henry of Scotland Yard.

o Karl Pearson, an applied mathematician studied biometric research early in the 20th century at University College of London. He made important discoveries in the field of biometrics through studying statistical history and correlation, which he applied to animal evolution. His historical work included the method of moments, the Pearson system of curves, correlation and the chi-squared test.

o In the 1960s and '70s, signature biometric authentication procedures were developed, but the biometric field remained fixed until the military and security agencies researched and developed biometric technology beyond fingerprinting.

o 2001 Super Bowl in Tampa, Florida -- each facial image of the 100,000 fans passing through the stadium was recorded via video security cameras and checked electronically against mug shots from the Tampa police. No felons were identified and the video surveillance led many civil liberties advocates to denounce biometric identifying technologies.

o Post 9/11 -- after the attacks, authorities installed biometric technologies in airports to ID suspected terrorists, but some airports, like Palm Beach International, never reached full installation status due to the costs of the surveillance system.

o July 7th, 2005 London, England -- British law enforcement is using biometric face recognition technologies and 360-degree "fish-eye" video cameras to ID terrorists after four bombings on subways and on a double-decker bus. In fact, London has over 200,000 security cameras and surveillance cameras that have been in use since the 1960s.

Today and looking forward

Biometrics is a growing and controversial field in which civil liberties groups express concern over privacy and identity issues. Today, biometric laws and regulations are in process and biometric industry standards are being tested. Face recognition biometrics has not reached the prevalent level of fingerprinting, but with constant technological pushes and with the threat of terrorism, researchers and biometric developers will hone this security technology for the twenty-first century.

Copyright © 2005 Evaluseek Publishing.


Civil Liberties - Biometrics History -- Looking at Biometric Technologies from Past to Present

Anti-Discrimination Laws And Freedom

Anti-Discrimination Laws And Freedom

Rights and "Rights"

John and Terry Hoffius own an apartment building in Jackson, Michigan. In the summer of 1993, they had a vacancy and advertised it. They were contacted by a couple, Kristal McCready and Keith Kerr, who expressed interest in renting it. When asked if they were married, McCready and Kerr replied in the negative. Mr. Hoffius informed them that according to his religious beliefs it was sinful to cohabit out of wedlock and that he would not countenance it by renting to them. McCready and Kerr soon found another apartment in the area but would not just let the matter drop. They filed a suit against the Hoffiuses, alleging housing discrimination. The case went all the way up to the Michigan Supreme Court. In a 4-2 decision, the Supreme Court held that the Hoffiuses had violated the plaintiffs' "rights" by not renting the apartment to them. [1]

In a 2002 decision, the California Fair Employment & Housing Commission fined Melissa DeSantis 0 for inflicting "emotional distress" on a would-be roommate by allegedly telling him that "I don't really like black guys. I try to be fair and all, but they scare me." The decision also required her to pay the would-be roommate 0 in expenses and take "four hours of training on housing discrimination." [2]

Ann Hacklander-Ready rented a four-bedroom house in Madison, Wisconsin, and sublet three of the bedrooms to female housemates. After two housemates moved out, Hacklander-Ready and her remaining housemate, Maureen Rowe, looked for replacements. They initially accepted a rent deposit from Caryl Sprague, knowing that she was a lesbian. Hacklander-Ready and Rowe later decided they were not comfortable living with a lesbian, and returned Sprague's deposit. Sprague then filed a discrimination complaint with Madison's civil rights commission against both Hacklander-Ready and Rowe. The judge ruled against the duo, and ordered them to pay damages. Rowe settled but Hacklander-Ready appealed. She lost and was ordered to pay 000 to Sprague in attorney fees, in addition to thousands of dollars worth of damages. [3]

In each of the above examples, someones rights were violated. It was the person who the court/commission found guilty.

The right to associate, fundamental to any free society, includes the right to not associate. The right to free speech incorporates the right to express opinions that may offend others. The ever-expanding scope of anti-discrimination laws strikes at the heart of these freedoms by telling us what we cannot do with our own property and what opinions we may not express. The greatest threat to liberty in the United States today comes not from the Al-Qaeda but from within -- from the recent explosion of various laws that seek to erode civil liberties in the name of "compelling state interest". Anti-discrimination laws are a prime example of those.

The original laws

"A society that puts equality - in the sense of equality of outcome - ahead of freedom will end up with neither equality nor freedom. The use of force to achieve equality will destroy freedom, and the force, introduced for good purposes, will end up in the hands of people who use it to promote their own interests. On the other hand, a society that puts freedom first will, as a happy by-product, end up with both greater freedom and greater equality". -Milton Friedman

The two primary American federal laws that govern discrimination in businesses and property are the Civil Rights Act of 1964 (henceforth abbreviated to CRA) and the subsequent Fair Housing Act of 1968. These laws prohibit discrimination on the basis of race, national origin, religion and sometimes sex. For instance, Title II of the CRA mandates that a person cannot be refused entry into a public place (such as a restaurant, hotel or theater) on the basis of these characteristics. Title VII forbids employers from discriminating against a member of the above "protected classes" in any aspect of employment including hiring, firing and compensation. The Fair Housing Act makes it illegal to refuse to sell or rent a dwelling to any person because of his race, color, religion or national origin and it also outlaws discriminatory housing adverts.

Now, equality before the law is one of the fundamental tenets of a democratic society. Thus, there is no place for any kind of discrimination in legislation, government agencies or state-funded institutions. Indeed much of the CRA is concerned with outlawing this kind of state-mandated discrimination and I have absolutely no quarrel with those parts of the Act. Titles II and VII of the CRA and much of the Fair Housing Act, however, go much further than that; they impose restrictions on privately owned businesses. They lay out a particular moral standard and require that this standard supersede the individual's choices even in matters that ought to be strictly his business. That to me is unjustified and immoral.

Some might argue that certain restrictions on freedom are necessary for ensuring social justice; that a complete absence of anti-discrimination laws will inevitably result in terrible consequences. My answer to them is this: the restrictions on individual liberty that anti-discrimination laws impose are huge and therefore they cannot be justified unless the likely consequences (of not having these laws) are sufficiently catastrophic. Let us therefore pause to consider what will happen, in this day and age, if all anti-discrimination laws which curtail property rights are repealed. Will it lead to discrimination in private businesses? Yes, some. However there is no doubt in my mind that the loss of profit, and more importantly the social stigma this will invite will be a very strong discouraging force and will ensure that instances of discrimination remain extremely rare. The current mainstream attitudes, as the reader will undoubtedly agree, are overwhelmingly against discrimination and no business that gives even the slightest importance to its brand image will dare indulge in discriminatory conduct. The beauty of a free society is that there is always plenty of choice and a person who is the victim of one irrational bias will nevertheless find ten other places that will serve him without reserve.

What about the destructive wholesale discrimination against blacks in the early part of the last century, some may ask. One answer, of course, is that times have changed and the example is irrelevant to our present topic. The discrimination against blacks that occurred then will have never occur ed today even if there was no CRA. Indeed, the massive change in the attitude towards blacks among ordinary people and the rejection of the slavery-era mentality occur ed in the years before the passage of the Act (the very fact that the Act passed with popular support is testament to that) and thus many of the provisions of the CRA were unnecessary from inception! In some ways, however, this answer is unsatisfactory for it seems to leave open the question of whether a CRA-like act would have been justified, say, a hundred years ago (disregarding the fact that it would have never passed then!). A better answer is obtained by taking a closer look at the precise nature of that wholesale anti-black discrimination. As Dr. Ruwart points out [4], that wholesale discrimination was a direct result of legislation. Laws were passed by the government which made it costlier to hire blacks, made it illegal for blacks and whites to mingle together and mandated discrimination in several other ways. In a truly libertarian society such laws would not exist, nor would anti-discrimination laws like Title II and VII, for all these laws share a defining characteristic -- they restrict freedom and choice.

However, the greatest irony is that coercive laws like the CRA seldom have the desired effect. They may achieve some (forced) racial integration but I strongly doubt that they have any role in decreasing racial tension. They take away basic property rights and replace them with governmental tyranny and meaningless political correctness. In the words of Congressman and presidential candidate Dr. Ron Paul,

"The Civil Rights Act of 1964 not only violated the Constitution and reduced individual liberty; it also failed to achieve its stated goals of promoting racial harmony and a color-blind society. Federal bureaucrats and judges cannot read minds to see if actions are motivated by racism. Therefore, the only way the federal government could ensure an employer was not violating the Civil Rights Act of 1964 was to ensure that the racial composition of a business's workforce matched the racial composition of a bureaucrat or judge's defined body of potential employees. Thus, bureaucrats began forcing employers to hire by racial quota. Racial quotas have not contributed to racial harmony or advanced the goal of a color-blind society. Instead, these quotas encouraged racial balkanization, and fostered racial strife.

Of course, America has made great strides in race relations over the past forty years. However, this progress is due to changes in public attitudes and private efforts. Relations between the races have improved despite, not because of, the 1964 Civil Rights Act."

The draconian morphosis

The original laws were however only the beginning; the top of the classic slippery slope. They opened the doors to more recent anti-discrimination laws that are much more draconian. For instance, Title VII of the CRA applies only to businesses with 15 or more employees. This was done in mild deference to the relatively private nature of small businesses as well as to save them from the often formidable costs of fighting a discrimination lawsuit. Many states however have since enacted laws that are essentially versions of Title VII without the 15 employee exemption. Thus, in California, anti-discrimination laws apply to employers with more than 5 employees; in New Jersey, the law applies to even 1 employee companies.

Many other examples are provided by Prof. David Bernstein in an excellent article [5] .

"While the civil rights laws of the 1960s were generally sensitive to civil libertarian concerns, contemporary anti-discrimination laws often are not. For example, in deference to freedom of association and privacy considerations, the 1964 Act prohibited discrimination only in public facilities such as restaurants, hotels, and theaters. Newer laws, however, often prohibit discrimination in the membership policies of private organizations ranging from large national organizations like the Boy Scouts of America to small local cat fanciers' clubs."

Of the many inroads that anti-discrimination laws have made into the private realm, one that I find particularly disconcerting concerns roommate selection. The original form of the Fair Housing Act only covered landlords, not roommates (except on the issue of discriminatory adverts). They also contained an exemption clause for landlords who rented less than four units and lived on the premises. Recently however, as the examples in the beginning of this article show, the law has been interpreted to cover roommates, even those who do not own the apartment. Deciding who to share a house with is an intimate matter and when laws and courtrooms interfere with that, something is very wrong. Prof. Eugene Volokh's post on this subject [6] mirrors my sentiments.

Frankly, I am surprised at the relative lack of outrage on this issue. If the government attempts to clamp down on free speech there will be protests, and rightfully so, but many of these protesters will remain silent on issues of freedom that touch on politically sensitive themes like these. Of course, most of us are not racist, sexist, or anti-gay. However, a necessary characteristic of freedom of expression and association is that there be no caveats; the real test of liberty is when people offend.

There is no doubt that discrimination can be extremely offensive and pernicious; thus the idea of allowing people to discriminate may strike some as going too far. In the end however, as Prof. Bernstein puts it, "it is a small price to pay for preserving the pluralism, autonomy and check on government power provided by civil liberties."

References:

1. http://www.fff.org/freedom/0599e.asp

2. http://www.law.ucla.edu/volokh/desantis.htm

3. http://volokh.com/2002_07_14_volokh_archive.html#85248159

4. [http://www.theadvocates.org/ruwart/questions_maint.php?Category=6&id=156]

5. http://www.cato.org/pub_display.php?pub_id=2719

6. http://volokh.com/posts/1179259134.shtml


Civil Liberties - Anti-Discrimination Laws And Freedom

Civil Rights and Christian Right - The Gay Community and the Future of American Society

Civil Rights and Christian Right - The Gay Community and the Future of American Society

Freedom and liberty means different things to different people. Today, we as Americans live in a free society or rather we all believe we live in a free society. There are many who are upset and say that their civil rights are being violated. For instance, the gay population feels that they are not given the same rights as married couples, as they cannot get legally married in many states currently.

Recently, in quite a heated debate someone from the far-left mentioned to me that it was not fair, and wanted to know; "Why do Christians fight against civil rights for gays," she asked

The gay contingency in the United States spooked the norms of the society, and people felt as if things were moving too fast with their agenda. They got scared and freaked out. Everyone should've expected it to rile the Christian political base. After all, people that consider themselves Christians make up about 70% of our population.

Had the gay population not pushed so hard they would have not be seen as disruptive, and over time they would have gotten what they wanted anyway without the friction. Eventually they will, only it will come at a high cost of animosity now. That's too bad really, as we are all Americans. Rather than fight one another, it stands to reason that eventually all this would become water under the bridge.

Now, we have a situation, and lots of anger and folks on both sides who are willing to go to great lengths to serve their will, no matter what it takes. Americans shouldn't act like this, it's very unbecoming of such a strong and proud society. Please consider all this.


Civil Liberties - Civil Rights and Christian Right - The Gay Community and the Future of American Society

Black History Month And The First Black Republic: A Link Long Forgotten

Black History Month And The First Black Republic: A Link Long Forgotten

In February each year, Americans of African descent join all other Americans to celebrate Black History Month. In many quarters of the United States and other parts of the world, celebrations of this historic event take place. Accordingly, the significance of observing a black history for a full thirty days should be viewed and manifested in many more ways than merely recalling the Emancipation Proclamation that "freed" black people from the shackles of slavery. Certainly, "a black history" in its entirety transcends the Civil Rights Movement that legally "ended" black-white segregation particularly in the United States.

Even more so, the emphasis of honoring a Black History Month must be placed far above President Barrack Obama's assumption of the presidency of the United States as the first African American to do so. Although a well-orchestrated "million-man" march on Washington in 1963 marked a pivotal point in the black man's liberation struggles, it does not nearly define the essence of observing a full month of black history as an end in itself.

It is common knowledge that the Civil Rights Movement of the 1960s headed by the late Rev. Dr. Martin Luther King, Jr. was at the height of the black liberation struggles. As significant as this historical event may seem, it was but a part of the global picture of the black man's struggles for freedom.

Therefore, it must never be seen as a cut-off point where the battle for 'equal rights for all' ended. It goes without saying that to assume so would equal to a presumption that with the passing of the Civil Rights Act, the struggles for equal rights and justice was over for all people of color. The truth is that to this day, there remain many more challenges for descendants of freed slaves. Lest I be misunderstood, this is not to argue that the achievements of Dr. King and the likes of him do not hold very significant place in the annals of black history. They certainly do, to say the least.

My concern here, however, is about perception, especially on the part of those who were (and still are) direct beneficiaries of the resulting effects of those great movements and concepts. Take (for example) in contemporary America, how does the average African American relate all of his rights guaranteed under the Constitution of the United States to an opportunity for success? How does the average African American utilize his god-given ability to learn and sharply compete in a world plagued by rivalries and fierce competition? How do the legacy of Dr. King & the Civil Rights Movement on the one hand and the legacy of Dr. Carter D. Woodson & Black History Month on the other, influence the ambitions of black people to attain formal education and other technical skills? What necessary measures are needed by descendants of free slaves that will ultimately gravitate them to better paying jobs and other luxuries of life? Working towards conclusive answers to these inquiries will go a long way in making Black History Month the single most proficient way to immortalize all liberation movements that fought to attain equal rights and justice for all people. Besides accentuating a commitment to perpetually keep alive the legacies of Dr. Carter D. Woodson, Activist Frederick Douglas, Dr. Martin Luther King, Jr. and many others, this will ultimately keep their heavenly spirits in absolute balance and unending joy and happiness!

Black History

It is in this respect that I strongly believe that in paraphrasing the history of black liberation during programs marking the observance of Black History Month, the story must be told as accurately as possible by, at least, highlighting significant details. As the old adage says, "that which is not done legally, is not done at all". In much the same way, a history not completely retold is, at best, a history not told at all! More often than not, stories after stories of great black heroes in nearly every aspect of American and world history are told each year as we observe Black History Month. Interestingly, mentions are never made of the significant transition from slavery to freedom and the subsequent demonstration by the early freed men to self-govern.

A case in point here is the display of magnificent skills and bravery by a handful of the emancipated slaves who, using their god-given talents, institutionalized a nation state and subsequently declared a free and independent state nearly a hundred and sixty-five years ago. In consequence of the repeated failures of keynote speakers at Black History Month celebrations to dwell on the single most important achievement of blacks, the number one success story of those noble men and women are hardly bought into the spotlight. It is appalling that at programs commemorating Black History Month, we repeatedly hear of a few great black inventors, singers and the likes but black political geniuses who founded and declared political independence of a sovereign black state as early as the mid 19th century are never mentioned for once. I am uncertain of what the opinion of my readers might be on this, but I sturdily feel that the quest and subsequent attainment of political independence for an all-black republic nearly two hundred years ago, supersede all other achievements in all black history. I stand corrected!

The gravity of this arduous achievement may be better understood when one considers, for example, the establishment of the first Negro Republic of Liberia in the first half of the 19th century (J. Horton & L. Horton, Slavery And The Making of America, 95). Following this remarkable achievement,it took more than a hundred years for the first set of black nations on the continent of Africa to gain political independence from their European white colonial masters. Here in the United States, it took unreasonably longer before the first civil rights act was singed into law. Ultimately, when it came to the pursue of happiness and the right to liberty for the early black man, what more could be more fulfilling than the right to self-governance? Regrettably, emancipation accounts are repeatedly narrated during these great black national events far short of this indisputable account.

I hesitate not to argue further that this (outright) failure by renowned speakers during Black History festivities to make mention of The Declaration of Independence of a free & sovereign black state on the West Coast of Africa by emancipated slaves is like an attempt by a serpent to move past its head. What this does invariably is making an attempt similar to presenting a specialized profile of a region without reference to the inhabitants of that region. What other achievements could be greater than the attainment of political independence for a people held in bondage for hundreds of years? Just as they remained fully cognizant that generations after generations of their ancestors were held in oppression for nearly three centuries in the Americas, many of these black heroes got first-hand experienced of slavery as well. Pursuant to their personal experiences of the greatest human tragedy in all of history, the freed men never took for granted the right to freedom and the pursuit of happiness.

It is out of this concern that as America observes Black History Month each February, I wish to bring into focus an often ignored (but the single most significant) achievement of the black man in the post emancipation era. I have spent a number of years working in public related institutions where the observance of Black History Month is taken seriously each year. Institutions and individuals at all levels in society often attend programs commemorating these events. Many invitees at these functions participate in activities ranging from singing church spirituals to celebrities performing popular stage shows. Often, top academia are called to present "professional" research papers on various topics in black history. It is astonishingly disgusting to note that even at such well organized and intellectual events, the attainment of self-governance by free black slaves are never indicated, much less discussed. Until the meaning of Black History Month fully encompasses the single most significant achievement of freed slaves, the salinity of the observance itself will remain far-fetched.

The more I ponder over the inept approaches used by heirs of those great black heroes and the failure to duly memorialize their ancestors, the greater I sense some irresistible urge to bring into the spotlight the forgotten link between Black History Month and the early successes of people of color in their fight for equal rights and self-governance. Overall, the first and foremost agenda item for those black pioneers was a genuine quest for self-governance and the pursuit of happiness that would include the right to freedom and justice. By way of emphasis, I reiterate here again that it is important that the history of the African American is not told until someone forcefully and truly tells the entire story. While the intent of this brief article is not to retell black history, I shall endeavor to speak briefly to the necessity of bridging a significant link (long broken & forgotten) between Black History Month and Liberia, the first black republic.As I do so, some efforts will be made to expound on the extended determination for freedom by an oppressed people and the glaring similarities between the former and the latter. To enhance this review, let us slip back into history for a short while.

The oldest recorded history of what is known today as Black History Month dates back to 1915 when one Dr. Carter D. Woodson and Rev. Jesse E. Moorland co-founded the Association for the Study of Negro Life and History, acronym ASNLH (biography.com/blackhistory: 1/20/2011). Primarily, the objective of the Association was to research and bring awareness to the ignored but important and crucial role blacks played not only in American but also in world history. In just one year, Woodson published his findings in the Journal of Negro History. The intent of that publication was to cast out all misconceptions about the Negro. Additionally, it attempted to educate black people about their cultural background and to instill in them some pride in their race.

Carter Woodson himself, who was the second black man to receive a degree from Harvard University, was the son of a former slave. He understood the importance of education and advocated the preservation of one's heritage. A fraternity group called PSI Phil created Negro History & Literature Week at Woodson's request in 1920. In just six years later (1926), Woodson changed the name to Negro History Week. He then selected the month of February primarily to honor two men whose actions radically (but positively) changed the future of all (black) Americans. The one was President Abraham Lincoln, born on February 12, who issued the Emancipation Proclamation and the other was Frederick Douglas who was born February 14. Douglas, too, was a tireless advocate to end slavery.

Woodson and the Association for the Study of Negro Life and History, provided learning materials to teachers, black history clubs, and the larger community. In 1950, Dr. Woodson died but his legacy continued as cities and organizations through out the country adopted the celebration of Negro History Week. During the Civil Rights Movements of the 1950s and the 1960s, the observation of the week gained prominence as the focus turned more and more on the significance of black cultures (biography.com/blackhistory: 1/20/2011).This, in effect, moved the Association for the Study of Negro Life and History (ASNLH) to change Negro History Week to Black History Week. The ASNLH is now called the Association for the Study of African American Life and History (ASAALH). The week was extended in 1976 to a one-month long observance.

It is little wonder, therefore, that today Black History Month is celebrated through out the United States by not only school kids, but also by everyone in the USA including teachers & university professors, doctors, lawyers, paraprofessionals, economists, politicians, men, women and everyone in between.

When President Abraham Lincoln signed into law the Emancipation Proclamation on January 1, 1863 (J. Horton & E. Horton, 187), major revolutionary changes ensued which brought some level of freedom and sanity to enslaved Africans for the first time in over two hundred years. However in the decades following, the freed men were left with daunting challenges including the need for food, adequate shelter & clothing, and (perhaps more importantly) the natural urgings for self-governance.

The Founding of Liberia: "Land of the Free"

I was born and raised in Liberia; a small West African country with a population of under four million people. As a child, I attended public school where I learned first to write and then speak English under American English instructors. All through grade and junior high school, my instructors were American volunteered teachers (Peace Corps) who were exceptionally inspirational and who proved to be true fountain of knowledge for kids of my age. We learned to write and (tried) to speak the American version of English as opposed to the British style. We were taught the American way of doing arithmetic. We studied American literature and read great American folktales such as those of Paul Bunyan and Gulliver's Travel. In grade school, we learned and recited the four seasons and other climatic conditions of the United States. Exclusively, we used American textbooks and learned a great deal of everything American, though we were not American children.

Outside of our academic milieu, we again tried to do everything American, from soul music to soul limbo on the dance floor, for instance. When we honored calls from our teachers to perform a chore after school at a teacher's house or when we were asked simply to complete a special assignment, we were always given something to eat or drink as some form of positive re-enforcement.

In a way, this helped us as kids to acknowledge American generosity. At grade school level and with limited English vocabulary, these gestures gravitated us to our American tutors and allowed a bond of relationship that did not exist between some of my peers and their biological parents. Some children my age and some older kids went the extra mile and dressed the American way as they spent their last dollar (allowance) to purchase fancy baggy pants and go-go shoes. With the passage of time and as we became little more fluent at speaking and writing English, the bonds of teacher-student relationships between our American teachers and some socially ambitious students became stronger. Our utopian view of America broadened as we grew older. A substantial number of these kids later married to their former instructors who now live happily as couples in the US today.

I have deliberately drawn my childhood experience into this discourse simply to draw attention to the conspicuous similarity between the cultures of Liberia, the first black independent state, and the people of the United States as viewed from the perspective of the African American community. Prior to the overthrow of government in 1980, the official currency of the Republic of Liberia was the United States dollar. This reality is rooted deeply in the fact that Liberia was founded by former slaves who shunned mediocrity and rose above pettiness to establish a sovereign state. Since independence in 1847, nineteen of Liberia's twenty-two presidents were emigrants who were sons and grand sons of former slaves from the United States. As a nation state, Liberia has played and continues to play pivotal role in international relations. As a founding member of the United Nations and the Organization of African Unity (now the African Union), Liberia helped champion the liberation struggles of many former European colonies in all of Africa.

If part or all of the essence of observing Black History Month, therefore, is to be interpreted to mean honoring the achievements of a segment of God's creation who were held in bondage for centuries, then why has Black History Month been so distinctly unable to link to Liberia as a shining example of black achievements? If Liberia, in the history of humankind, was the torchbearer of black freedom, independence, and self-governance, then why do planners at Black History Month festivities pay death ears and play blind eyes to the crucial relationship between two sisterly establishments that are so culturally interwoven?

According to Dr. Carter Woodson, co-founder of Black History Month, the number one goal of observing black history is to bring awareness to the crucial roles blacks played in both American and world history. Incidentally, a major part of such roles was played decades earlier by the establishment of the first Negro republic. Hence, if the organic laws of Liberia have anything to do with proclaiming equal rights and justice for people of color everywhere, as they certainly do, then the ASAALH as parent organization of Black History Month Festivities, must step up to this challenge by calling a spade a spade. Let each annual observance of Black History Month include public proclamation about the founding of Liberia (Land of Liberty) as the first significant step of the Blackman's march to freedom and equality. It is not enough to argue, as some may be tempted to, that because Liberia is not a part or territory of the United States, due credits for successes of the black liberation struggles should not be extended thereto. Under whatever canopy, such argument would not hold air because, as indicated supra, the first written account of self-governance by a group of blacks was that occasioned by the establishment of Liberia, a nation founded by former slaves from the United States. I am strongly convinced that the resolve of an oppressed people to meander their way out of slavery and established a constitutional democracy is a milestone worth emulating, even so at all commemorations of Black History Month. In essence, when it comes to the political achievements of black ancestors, there must be no boundaries even as to politics, economics or other non-political occurrences.

Now let us return to the brief review of the establishment of Liberia as the first black independent nation founded solely by African Americans with support from the American Colonization Society, ACS. The ACS was co-founded by Henry Clay, John Randolph and Richard Bland Lee and officially established in Washington D.C. on December 16, 1826. This was nearly fifty years before slavery was outlawed in the United States. According to Wikipedia, the ACS was principally founded as a vehicle to support the return of black people to what was considered "greater freedom" in Africa. With support from prominent activists including Paul Cuffe, a mixed race and a wealthy New England ship owner, the ACS received support from many black leaders and members of congress for an emigration plan. "Under the protection of Captain Paul Cuffe and his crew of seven, eight adults and twenty children crammed aboard the seventy-foot brig headed for their new homesteads" (Paul Cuffe, Black Entrepreneur and Pan-Africanist, Thomas 101). From 1811 to 1816, Cuffe financed and captained successful voyages to Africa. Between 1820 and 1822, the ACS in conjunction with prominent black leaders and activists, founded the nation of Liberia with the sole purpose of repatriating from the United States all freed men of color. Eventually, the dreams of Entrepreneur Cuffe became a reality (Thomas 119).

Superficially, the role of the American Colonization Society in the repatriation efforts of Africans appeared genuine with a purported claim of giving black people the opportunity to live "fuller lives" in Africa. However, as it played out, no sooner did it become evident that nearly all of the advocates for the repatriation of blacks who participated in the resettlement arguments did so for motives far unrelated to genuine concerns for the black man's right to life and liberty. For example, the American Colonization Society and the Quakers or various Christian leaders who supported the abolition of slavery in collaboration with ordinary slaveholders, saw the resettlement of freed slaves to Africa primarily as the safest way to abort perceived threats from free blacks to the (American) society. Although members of the ACS officially denounced slavery in all its form, many were openly racists as they argued that blacks would be unable to fit into the white society of America.

As we observe Black History each year, it is important that we soberly reflect on the colossal controversies in history that have attended the denial of the rights of the black man to live freely, independently and happily. Unlike the Civil Rights Movement of the 1950s and the 1960s, the resettlement efforts in the pre-revolutionary civil war era resulted from a variety of motives. As mentioned above, many slaveholders and some abolitionists held strong views that blacks could not achieve equality in the United States, no matter what. In addition, there were those who became progressively more apprehensive that increasing number of free black slaves would eventually encourage slave revolts, while others out-rightly perceived the Black man as a burden to society and a threat to white workers because they (black) were paid much lower wages. As above mentioned, some members of the ACS who denounced slavery in all its form, were openly racists. They, too, argued likewise.

In consequence of these pathetic accounts in the archives of black history, it is my fervent opinion that the concluding paragraph of this article calls into focus the broken & forgotten link between the Association for the Study of African American Life and History (ASAALH) and Black History Month on the one hand, and the Republic of Liberia on the other. Besides being a torchbearer of freedom for people of color, the Republic of Liberia was founded for and by African Americans nearly two hundred years ago. When Dr. Carter Woodson and Rev Jesse E. Moorland co-founded the Association for the Study of Negro Life and History back in 1915, they did so to spotlight the many roles black people played in the world that were often ignored or never referenced. In black history, therefore, Liberia was the first symbol of black freedom and independence and if Black History Month annually recollects eminent black achievements in history, then the former and the latter are closely related. They both exemplify the success stories of all black people. The two are directly related. Link them!

The End


Civil Liberties - Black History Month And The First Black Republic: A Link Long Forgotten

The College Professor and the United States Marine

The College Professor and the United States Marine

As the tale goes, recently a young American Marine recruit was attending some of the local college courses as he awaited his new assignment. He had previously completed several back to back missions in both Iraq and also in Afghanistan. One of his courses that he was taking was being taught by a professor that was known to be a strict atheist as well as a supporter of the American Civil Liberties Union.

During one of his classes the professor decided to shock his class when he first arrived. He glanced up towards the ceiling and sternly commanded, "If there really is a God then I want you to knock me off of this platform. I will even give you precisely 15 minutes in which to do so." Silence feel around the entire lecture room. There was no whispering or talking of any sorts.

The clock on the wall showed ten minutes had elapsed and once again the professor stood up and proclaimed, "I am still waiting God." Finally it got down to the last few minutes of the challenge and all of a sudden the young Marine rose from his chair. He got out of his seat, approached the professor, and proceeded to cold cock him in front of the entire class causing him to fall from the platform. The marine then returned to his seat, folded his hands on his desk and waited silently with the other students. Naturally the remaining students were stunned and shocked over such behavior.

Eventually the professor came to and looked at the Marine in an inquisitive manner. "What is wrong with you? Why did you hit me?" he asked.

The Marine calmly responded, "God was busy today protecting many of America's soldiers who are fighting to protect your right to say such stupid things so he sent me."

Just as the young Marine acted according to his beliefs we too sometimes have to stand up for what we consider correct and proper even though the rest of our peers may be following the lines of those in authority. This concept is even more important these days when our constitutional rights and liberties are at stake. Protect these right while we have them. Make sure that you vote in each and every election whether it is for the Major of your town or for the Commander and Chief of the United States.

Copyright @2010 Joseph Parish

www.survival-training.info

by Joseph Parish


Civil Liberties - The College Professor and the United States Marine