Sunday, September 2, 2012

Maternity Leave Laws and Policies

Eligibility
According to the Maternology Leave Act, a abundant woman or a being who is traveling to accept a babyish has to be accustomed twelve weeks i.e. 3 months of maternology leave, afterwards pay by the aggregation she works in. However, to be acceptable for this leave, the agent has to complete at atomic 12 months at the aggregation and should accept formed for 1,250 hours at that place. Though this charcoal the basal law on maternology leave for about all states in America, the amount of leaves that one can yield would alter from accompaniment to state. For instance, in Tennessee, the maternology leave action allows a woman to go on leave for 16 weeks for childbirth.
Anti-Discrimination
Every employer aswell comes beneath the Abundance Bigotry Act, which forbids them to discriminate amid the agent who is abundant and the others. Though about all companies accept by this rule, there accept been cases area humans accept absent their jobs or affairs of advance because they were pregnant. Administration should bethink that such affectionate of bigotry is actionable and can put them in acknowledged trouble.
Benefits of Maternology Leave Policies
Though one may not get paid during maternology leave, the employer has to abide the bloom allowance transaction of the employee. This ensures that the being is insured even if she cannot appear to work. As during the maternology leave, the agent does not accept any pay from the company, abounding women opt for a aggregate of paid leaves which includes vacation pay, ailing leave, maternology leave, concise disability, etc. However, companies in some states accede maternology leave in the concise affliction class area the agent would be paid some allotment of the bacon for the aeon if on leave, a lot of apparently for six weeks or 8 weeks if the supply was complicated.
When to Apply for Maternology Leave?
The FMLA requires the agent to accord a accounting appliance to the company, at atomic 30 canicule afore demography leave. However, in the case of maternology leave, it would be bigger to altercate with the employer about the leave afterwards the aboriginal three months of abundance or at the time one has activated for adoption. Some administration aswell crave the advisers to appointment the aggregation consistently during the leave aeon to address on their action and their accepted date of joining.

Wednesday, August 29, 2012

Standard Personal Injury Settlements Procedure

The first and fore most thing that you need to do is that after the accident, visit a doctor. This is very important due to two simple reasons, firstly, even the smallest injury can become a life-threatening injury in case if it left unattended and secondly, it is also important to document the injury, with the help of X-rays, doctors prescription, a medical bill or any report by medical practitioners.

The second step is to claim the compensation, with the help of an appropriate application. You will also have to decide where to file the claim, as the injury can also occur in the course of an employment, that is within the office premises or when you are out of station, representing your employer. In case of an injury in the course of employment, you would need to file the application for compensation even with your employer. In cases of a road accident, or injury occurring as a result of crime (e.g.: physical assault), you would also need to file a complaint with the police.

In a majority cases, it would be not necessary to file a lawsuit. The companies would directly compensate you for the expenses and the total trouble caused. However, when there are more than two parties involved, such as yourself and creditors, in case of a personal injury settlement and bankruptcy, or yourself and 2 insurance companies, the insurers would call you in for a process of peaceful negotiations. Again in majority cases the negotiations prove to be fruitful, as everything is done lawfully.

Thursday, July 19, 2012

Benefits of Power of Attorney

Eases Burden
In companies area the lath of admiral do not accept the time to be present at every meeting, it gets difficult to accomplish important decisions. Also, it is absurd to acquaint the cases to them, accept to their point of view, attenuated down on decisions and again assure the deal. In such cases, ability of advocate plays a acute role by extenuative time and expediting the consecutive actions. Aggregation attorneys are generally accepted the ability of attorney, who aswell abstract the ability of advocate templates, to assurance on the annual of the chief managers. This eases the accountability off the managers as it saves the accomplishment of getting present at every aggregation meeting.
Health Issues
The next ability of advocate annual is its acceptation while authoritative bloom accompanying decisions. Known as the medical ability of attorney, it is active by the arch anecdotic the trusted being to accomplish bloom affliction decisions in acceptable faith. The abettor can accomplish decisions accompanying to principal's bloom alone if the closing is medically butterfingers of authoritative them for oneself. However, the medical ability of advocate banned the abettor from authoritative decisions accompanying charge to a brainy institution, convulsive treatment, psycho surgery, aborticide and carelessness of abundance care. On the added hand, the ascendancy bestowed on the abettor gives him the ability to cull the constituent case the arch is on activity support.
Monetary Transactions
The added affidavit for acceding a ability of advocate is if the arch cannot administer affairs on his own. Giving the ability to administer your affairs to a able to act on your annual while affairs property, advance in allotment bazaar or to administer your assets can advice you get a able assessment on such affairs and add to your profits due to your agent's expertise.
Family Matters
Many times, if couples are affianced in continued ambit relationships due to able reasons, ability of advocate proves to be the better benefit. It allows either of the apron to handle the finances, affirmation a coffer account, use the money in case of emergency and run a domiciliary if the charge be. It aswell shows the accord of assurance you allotment with your partner.
The aboriginal and foremost ability of advocate annual is the accord of assurance you body with the agent. It provides a belvedere to altercate some of your clandestine affairs with the agent, which brings accuracy in the relationship. Additionally, by discussing the affairs both arch and the abettor can get a beginning angle about the affair at hand. There are two types of ability of attorneys, namely, abiding and non-durable ability of attorney. The above becomes able immediately, while the closing comes to aftereffect alone if the arch is incapacitated. Thus, while drafting your ability of advocate you can use either of the two to you benefit.

Saturday, July 14, 2012

How to Make a Citizen's Arrest

What is a Citizen's Arrest?
A citizen's arrest is a law acceptance a noncombatant or an boilerplate citizen, with no accomplishments in law enforcement, to act as a proxy badge administrator and stop a criminal. This law does not accomplish the civilian, a honoree administrator but rather gives him/her the appropriate to apprehend, stop and carriage the bent to a law administration bureau or at atomic confine him/her, until the cops arrive. This anatomy of arrest is agitated out after an arrest warrant. The doubtable is accepted to be handed over to the academic authorities as anon as possible. The chat "citizen" in the term, is acclimated to announce an accustomed getting accurate the arrest, as against to an administrator of the law but in some countries, it is aswell acclimated to announce that a aborigine of that accurate area should accomplish the arrest and not acting visitors or immigrants with no citizenship.
Below are some belief that should be accomplished to accomplish such an arrest:
An alone has the appropriate to accomplish a citizen’s arrest, if a abomination or abomination is getting performed in his/hers' presence.
If a abomination has not been performed in his/her attendance but the arresting alone has a apparent could cause to accept in the answerability of an individual, he/she may accomplish the arrest.
If there is a aperture of accord or agitation in the association atmosphere, in the attendance of an individual, again in adjustment to stop it, he/she is accustomed to arrest the individuals causing the disturbance.
A citizen’s arrest can aswell be beheld as an alone advancing to the aid of a law administration administrator in the time of charge and accurate the arrest, if the administrator is clumsy to do so at that time. For example, if a bent is beat and the administrator is afflicted and cannot apprehend him and there is no advancement around.
Sometimes, the assorted acts or accomplishments that can authorize for a person, getting arrested by citizens about him are defined by law. This includes accessible drunkenness, accessible abuse or exposure, active drunk, annexation and stealing.
The doubtable will put up a attempt and a assertive bulk of reasonable and aural banned force is accustomed to subdue him/her. The force is accepted to be able to arrest or confine the suspect. It should not be adverse by inducing wounds or life-threatening injuries. Use of weapons should be avoided.
How to Accomplish a Citizen’s Arrest?
The afterward are some accomplish to assuming such an arrest:
Understand what is the abomination getting followed and who absolutely is the perpetrator.
Unless you accept absolute affidavit and added assemblage to the abomination about you, do not accomplish any arrest.
Notify the authorities for their aid, above-mentioned to endlessly the criminal. Afore you accomplish any arrests, alarm your bounded badge force and accompaniment the abomination and area acutely for them.
Be realistic, you are not a badge officer. The bent will not admit any accurate accomplish from you and you could get actively injured.
Try to admit addition witnesses' aid in communicable the criminal.
If the bent is armed, do not accomplish a citizen’s arrest. Do not try to stop the bent with accoutrements of your own, this will about-face into a shoot-out.
There may be innocent humans and civilians about you. Think of them afore traveling on the abhorrent with a criminal, you may end up endangering added lives.
Say "Stop" or "Hold" in a advantageous accent of voice, to stop the criminal.
Inform them in abrupt of their abomination and accompaniment that they cannot leave until the badge arrive.
You accept no appropriate to conduct a seek or catechism the bent in any way.
The bent may try to resist. You can use some force to arrest him/her but bethink you could get actively hurt.
Do not cede the doubtable unconscious. The added agitated you are with the suspect, the added you cede yourself accessible to bent case for actionable force.
Do not try to impersonate the badge by aflame apocryphal IDs or in any added manner.
If the badge arrive, anon analyze yourself and accompaniment what was the abomination and duke over the doubtable to the authorities. Accompaniment acutely what you saw, who you are and what absolutely the doubtable was doing.
A citizen's arrest is a acceptable convenance to chase in times of crisis. But be aural your banned and do not accept you are a super-hero, able of administration a criminal, abnormally added than one. That getting said, vigilante amends is consistently alarming in agreement of traveling abdicate with violence, either for the bent or the getting assuming the arrest. Altered states of America accept altered laws if it comes to assuming a citizen's arrest, amuse accomplish abiding you are in accordance with the said state’s law above-mentioned to assuming any such acts of justice.

Tuesday, June 26, 2012

Online Legal and Paralegal Training Schools

http://sites.esncdn.com/theme/paralegal2/img/layouts/prime/hero.jpgThere are a number of accredited online schools and colleges that offer training for those looking to obtain a degree in the legal and paralegal field. Paralegals, also known as lawyer assistants are responsible for a variety of tasks like researching, preparing documents, meeting with clients, and taking notes. Students who choose to enroll in an online educational program will prepare for careers in law, criminal justice, and more. Online educational options include certificates as well as associates, bachelors, and master's degrees.
Associate level degrees are available through a number of online educational programs. An associate's degree will provide students with the skills necessary to work in a law office or courthouse. Students can train for the career they desire in as little as two years or continue education to earn a higher degree in legal and paralegal studies. An online degree at this level will take approximately 60 credit hours or four full time semesters to complete. Curriculum may include the study of legal research, administrative law, criminal law, contracts, legal analysis, and more. Students can continue their education with enrollment in a bachelor's degree program.

http://www.criminaljusticedegreeschools.com/files/wp-content/uploads/2010/10/paralegal-school.jpgWith a bachelor's degree program students can obtain an education in just four years. Length of study will consist of 120 credit hours or eight full time semesters. Online schools provide students with the knowledge and skills necessary to obtain a bachelors degree and career in the legal and paralegal profession. Bachelor's degree holders can find employment in corporate law departments, private law firms, law enforcement agencies, state and federal government agencies, and more. Online course study may consist of learning to research legal issues, draft and summarize legal documents, prepare pleadings, interview clients, and more. An online bachelor's degree program will prepare student for study at a master's level.
An accredited online master's degree program allows students to obtain knowledge in a variety of areas. A master's degree in legal and paralegal studies will consist of an additional year of education. Online curriculum may include the study of corporate law, legal research and writing, litigation, government law, international law, and intellectual property law. With a masters degree students will have the training to consider becoming attorneys. Certificate programs can also be completed online after obtaining a masters degree if students choose to obtain specialized education.
Students can choose to obtain certification either before or after completing a degree program. Certificates can be earned in specialized areas that legal and paralegal professionals need knowledge of to further their skills. Certificates can take anywhere from a couple months to one year to complete. Students can choose to obtain a certificate in areas like corporate and property law, environmental law, international law, alternative dispute resolution, and more.
Degrees and certification can allow students to start their careers in areas such as corporate legal departments, law firms, and state and federal government agencies. Students who wish to obtain the career training necessary for employment in these areas can do so with an accredited online education in legal and paralegal studies. Students interested in a career in this field can prepare by enrolling in a number of accredited online schools and colleges.

Friday, June 15, 2012

Two of the Abstract Purposes of Law Education

Three self-asked questions initiated me to write this article: why can't a legal specialist in one country, be equally a legal specialist in all other countries around the world? What can I do, should what I am schooled is different from the real practice in the society? And finally, can I still understand or deal with the law, if the laws adopted by the legislative institution that were once taught in school and latter amended or totally changed, after I become a law practitioner in the society?
http://www.bestnursingdegree.com/img/charts/more2.jpgMost of us do not know two of the hidden purposes of law education: "being able to deal with brand-new situation and following the positive or negative legal evolution in the society."
Everything, to some extent, always positively and negatively changes; however this tendency has never been taught or been informed in school; it is the hidden purpose of law education. Other subjects besides law may be the same, but I just want to be specific in law subject, to make it easier for me to explain and to make the readers easier to understand this article.
Every law subjects taught in school might not be totally the same as the real practice in the society, or I can say they may be totally different. This is what I call: the social reality. Studying law is also about knowing the social reality. The professors and the learners themselves should teach and be prepared for the always-fluctuated tendency in the society; otherwise we can't be a law specialist.
To me, always making ourselves deeply aware of the real situations not only in the country where the law subjects are taught, but also in other countries around the world, would make us law specialists, then can always adapt to the new situation and be equally a law specialist in any country that we want to work in.
The second purpose of law education is "closely follow the legal evolution." Indeed, as the society diversifies, governmental changes from one mandate to another, laws always change to get on track with these social trends. So the purpose of law education, in this point, is to be always able to follow the legal evolution in the society, the amendments or even the total changes of the laws in the society. Law specialist must be able to practice or give legal advice, no matter how the laws have changed or in even any form of government.
Remember! We are not studying laws for today law specialist, but to always be a law specialist, until we die. And we are not studying law to practice in only one society, we are studying law to practice in any society and any situation.
My advices on law education:
1- Prepare yourself to be a professional problem solver, if you want to study law.
2- Adapting yourself to and always closely follow the legal evolution are the two most important sources to become an internationally-recognized law specialist.
3- Good to the most is the purpose of law.
4- If you study law to be a rich, you will only be rich when you are living, but you will be the poorest, after you die.

Tuesday, May 22, 2012

Education Law and Faith Schools

As there's many aspects of law that effect the education sector, if you work for a school, college or university, then you're likely to need the help and advice of of an education law solicitor.
Here's why you'll need help with education law.
1. Education establishments need to accountable, and so need to do everything properly, and within the law. If you're not sure about best practice, or how best to manage, why not see how an education law solicitor can help.
2. As health and safety is such a concern for parents of pupils, it needs to be taken care of. No matter whether conducting a science experiment, or planning a trip abroad, the activity will need to meet the relevant legislations, and the risks will need to be fully assessed.
3. Your policies for pupil and staff discipline will need to be checked regularly to ensure that they are still up to date and valid, and that they are enforceable, and comply with relevant laws.
4. Employment laws still apply in educational establishments, so you'll need to be aware of laws regarding working hours, staff contracts and workers' rights.
5. Remember that your recruitment policies need to be fair, and that there is no discrimination within your education establishment. You'll also need to make sure that all necessary checks are carried out on new staff too.
6. It's important that staff contracts, and internal policies regarding IT are reviewed regularly to ensure that they are up to date and legally binding. If you're not sure, why not speak to an education law solicitor?
7. You might be dealing with many suppliers and have lots of contracts for supplying cleaners, meals, emergency cover teachers, IT systems and more. You'll want to make sure that you're getting the best deals, and that you're not being treated unfairly.
8. As some schools and colleges rely on donations and funding, it's important that all of the money is accounted for, and that the school is run in a right and proper way in order to meet the legal requirements.
9. Perhaps you're involved in estate management, and buying and selling school grounds or buildings. You'll want to make sure that you get the best deals, and that you meet the legal requirements, so as not to fall foul of the law.
10. If you're considering expanding the school, you'll want to obtain planning permission, and to make sure that it is in the best interests of the school. There will also be construction and environmental laws that will need to be considered too.

Wednesday, May 9, 2012

Opportunities for Gaining an Online Education in Law

http://www.americanbar.org/content/dam/aba/images/rule_of_law/news_egypt_continuing_legal_education_program_expanded.jpgAre you looking to gain the education needed to pursue a successful career in law, but don't have the time to complete a traditional education program. There are numerous options available to you through accredited online schools and colleges. You have the opportunity to gain the skills you need to enter into the law career you desire, by completing online training from the comfort of your own home. Not all training can be completed online and some online law programs are not accredited. Studies can be completed in specialized areas of study and allow you to choose the level of training you would like to receive.
Training for a career in law will require a lot of time and dedication, as programs typically require a lot of concentration and effort. You can receive the knowledge you need to work in numerous positions by enrolling in an accredited online degree training program. Education is available at the Juris Doctor, Master of Laws, and Doctor of Juridical Science levels. You can prepare by completing all required coursework and deciding on the career that's right for you.
Juris Doctor
Online training for a degree of this level can require you to complete four years of educational study. You can prepare for a career by studying courses like contracts, civil procedure, legal method, evidence, property law, taxation, and much more. Receiving skills in areas like these will prepare you to seek work with private law offices, courthouses, and more. When you choose to obtain a Juris Doctor you will have the chance to enter the workforce or further your education at a higher level.
Master of Laws
http://www.specialedlaw4kids.com/images/boy-at-chalkboard.jpgEnrollment in an online Master of Laws degree program, you can expect to spend approximately one additional year on training. Studies will cover various topics that will give you the skills to seek employment after graduation. Course subjects may consist of studying communications, criminal law, litigation, tax law, employment law, and much more. Training in these areas will prepare you to seek the employment you long for working with a variety of professionals in the legal field. Further education can be obtained by enrolling in a higher education program.
Doctor of Juridical Science
When pursuing an education at the Doctor of Juridical Science level, you can complete all required training in as little as two to five years. Training will include the study of various topics such as accounting, legal research, law office management, dispute resolution, and a number of other related subjects. The opportunity to gain an online education is available through a variety of educational programs. You can enroll in the program that fits your individual needs and goals to start the path to an exciting new career.

Wednesday, April 18, 2012

Choosing the Most Suitable Law Education for Your Career

After you have decided to consider law education as a career after completing your graduation there are two things to be considered even then. First of all you will have to choose the most suitable field of law education for you to be adopted as your career. There are several fields in legal education that can be specialized for better career prospects. Secondly the suitable and reputed law school that can provide you law education in the field of your choice. You can research through the prospectuses of various schools of legal studies to choose for a suitable law college with a reputation to get a worthy certificate in legal practice. You should not confine your search for good law institute to your region only as it is better to shift to other states to get admission in a reputed law institute for better prospect in your legal career.
The candidate of law education must have A Level certification for his undergraduate courses and passed out the aptitude tests to get admission in some reputed law school. It is necessary for a good career prospects to get admission in good law college as it ensures the standard of knowledge of the candidate. After getting admission in your desired field of law you can get specialization in that field that will add to your practice of law.
Most of the reputed law colleges select the candidates for there institution with A level certification in their undergraduate education and having good scoring in ethical and professional records from the undergraduate institute. SAT and LSAT results also control the admission process of good schools of law as these tests also include the test for writing skills of the candidates that is very much necessary for the candidates of law courses. If any candidate does not perform as per the expectation of law institute authorities, he can be turned out and most of them are strict in this respect as it effects their reputation.
It is not easy to get any law course cleared easily as every field of law has its own challenges to be cleared to make good career in it. The candidate for degree in law must be prepared to face all the difficulties in the way of getting law degree with excellent scoring to make a flourishing career throughout his life. The job prospects become bright for the candidates who become successful in getting law degree with good scoring as it is not easy to get a good job these days due to recession in world economy. There are long queues of job seekers even with excellent scores in their degree courses.
Some of the law institutions providing law education also help bachelors of law who had cleared out from their schools in placing them, through their placement cells, for some legal services with certain establishments that contact them for this purpose. But even then the placement involves the reputation of both entities, the law institute and the candidate himself. So the aspirant of bachelor of law degree must clear all his doubt during his law education well in time to be clear for all the relevant concepts of law.

Sunday, April 15, 2012

Is It Expensive To Gain A Paralegal Education?

It was in the late 1960's that the concept of having a paralegal was born. It started when lawyers were looking for ways on how to better serve their clients without increasing the overall cost of their legal services.
How to distinguish paralegals from lawyers?
The tasks of the lawyers are regulated by laws and policies of each state in the US. Although laws vary from state to state, each state prohibits paralegals from practicing law.
Paralegals cannot perform the following:
• Presenting cases in a court of law
• Accepting or refusing a case
• Providing legal advice
However, paralegals can carry out the following functions:
• Updating clients about their case
• Researching legal documents to assist lawyers in handling their legal cases
• Drafting legal documents
Paralegal education costs
Unlike the educational costs related to becoming a lawyer, the cost of earning a paralegal education does not involve a heavy price tag. Although paralegal careers are not as lucrative as the careers of a lawyer, paralegals can earn decent salary. In addition to that, they do not have to spend thousands of dollars each year for their paralegal education yet they can still land a high-paying career within the legal industry.
Paralegal schools
Nowadays, finding a paralegal school is no longer as frustrating as it was before. With the birth of online schools and colleges, you can earn a legal education right at the comfort of your own home.
What are the various paralegal educational options available?
• Associate's degree in paralegal studies - This educational degree is offered by community colleges, technical schools, and other institutions of higher learning. To obtain an associate degree in paralegal studies, you need to spend two to three years studying paralegal courses.
• Bachelor's degree in paralegal studies - This paralegal education option enables you to earn a bachelor's degree and obtain more detailed necessary training that can prepare you to become a legal assistant. In here, you will learn the proper ways to communicate with clients, lawyers and other individuals that work in the legal field. Having this educational degree opens your door to more job opportunities in the paralegal world.
• Paralegal certificate - This option requires completing a bachelor's degree in a certain field of study before you can obtain a paralegal certificate. It takes a few months of intense study about the existing laws. To obtain paralegal certificate without actually going to a certain school, you may opt to earn online paralegal degrees from any of the online paralegal accredited schools.
Caution when opting for online paralegal degrees
When you choose to become a paralegal and obtain relevant degrees over the Internet, be sure to study your options. The reason for this is that some of these schools are nothing but hoax. Thus, you need to make sure that the one you choose is one of the paralegal accredited schools approved by the American Bar Association.
Paralegal education does not have a heavy price tag. It may not carry a high-paying salary but legal assistant's careers do offer reasonable salaries and huge bonuses. To become a paralegal, you are required to obtain any of the paralegal courses from one of the paralegal accredited schools. If you opt to earn online paralegal degrees, be sure that the school you wish to attend to is approved by the American Bar Association. Else, you will only end up spending your hard-earned money for nothing.

Wednesday, April 11, 2012

Continuing Legal Education

Law practitioners have different lines of specialization in the field of law. However, law practitioners from any discipline can pursue their field of expertise through continuing legal education. Continuing legal education helps these professionals update themselves on the latest developments and reforms in their respective fields. Online study material is also available for these practitioners.
Continuing legal education curriculums include specific law topics, skill development, practice management, case studies and ethics. This kind of education is conducted as lectures, workshops, and discussions in audiotape as well as videotape formats. Attorneys who have recently graduated are expected to fulfill their continuing legal education requirement by taking accredited intermediary continuing legal education. Transitional continuing legal education courses are intended to help fresh graduates launch practices based on practical skills, method and events essential to the field of law.
In New York, new attorneys are expected to undergo courses or studies in conventional live classroom settings or attend fully interactive videoconferences approved by the Continuing Legal Education Board. Usually, attorneys are expected to study significant legal cases that have taken place in recent times. This gives them an exposure to methods and skills used by the attorneys of both sides and also understand the various laws applied. They can use the results of the case to analyze how the arguments affected the approach taken by the jury and the judge.
Experienced attorneys may take accredited intermediary as well as non-transitional continuing legal education courses or programs as per their requirements. Continuing legal education is a suggested study option for attorneys, legal secretaries, paralegals, lawyers, litigation support managers, legal support staff in law firms and company legal departments.
Continuing legal education is an absolute essential for growth oriented legal professionals. Continuing legal education eliminates incorrect practices and helps identify people who are not appropriate for practicing the trade. With the help of continuing education courses, a professional can also learn to handle new assignments.

Monday, April 9, 2012

10 Reasons Education Law is So Important

If you work in a school or other education establishment then you might already be aware of why education law is playing such an important role in modern education.
Here's what you need to know
1.    Schools are just as accountable and responsible as other businesses, and have to meet the same sort of regulations.
2.    Compliance with relevant education laws and government policies is essential, and an experienced education solicitor can make sure that your school or university isn't breaking any laws.
3.    Your school will be dealing with many suppliers, and will be buying lots of goods and services.  Education law can also help you make sure that the contracts you negotiate and sign are legal, and in your best interests.
4.    Unfortunately pupil discipline is becoming more of an issue in modern education.  It is important that you know what you can and can't do to discipline your pupils.
5.    Charity law can also apply to schools if they received donations or funding.  By knowing how to deal with the paperwork and legal implications involved, you can make sure that you stay on the right side of the law.
6.    Estate management is another important area of education.  Perhaps you are considering buying or selling land for the school, or want help when hiring contractors.
7.    Like in other sectors, it is important to remember that construction, planning and environmental laws also apply to schools too.  If you're in the process of having a new wing built, or wanting to make more of your playing fields, you'll need to make sure that the plans are legal.
8.    Employment law still applies in schools, so that you'll need to make sure that all of your employees are treated fairly so as not to breach employment laws.
9.    When recruiting new staff, you might additional skills to be verified, or checks to be carried out.  An education solicitor will be able to help ensure that your recruitment process is up to date and legal.
10.    Health and Safety issues and schools always seem to be in the news, and often for the wrong reasons, so it's important that your staff know exactly how lessons should be carried out, cleaning should be done, and how any other potential hazards can be identified and minimised to reduce the risk of injury or disease to pupils and staff.
Now you know more how important knowing about and adhering to relevant education laws is, perhaps it's time for you to make sure your policies and procedures comply with Education Law.

Saturday, March 24, 2012

Current Issues For Advanced Practice Nurses

Today people are living longer than ever. The discovery of new technology, innovative medicines, science, and research all play apart of that. An increase in aging population is one of the most dramatic demographic trends in the world today. Many elders present many complex diseases and require complex care and disease management. The challenge also presents many opportunities in the healthcare field and a shortage of providers in rural areas. The roles for advanced practice nursing (APN) have been introduced since the late nineteenth century till the present (Hamric, Spross, and Hanson, 2009, p. 3). These roles include certified registered nurse anesthetists (CRNAs), certified nurse-midwives (CNMs), clinical nurse specialists (CNSs), and nurse practitioners (NPs) (Hamric, Spross, and Hanson, 2009, p. 3). Building credibility and defining practice of APN roles did not firmly establish until in late 1970s (Hamric, Spross, and Hanson, 2009, p. 17).
In 1992, the American Nurse Association (ANA) established Healthcare Reform which focused on restructuring the United States healthcare system to reduce costs and improve access to care (Hamric, Spross, and Hanson, 2009, p. 23). Today APNs face many challenges as they strive to be recognized by members of the society. The current issues faced by APNs are discussed below and this information is based on Advanced Practice Nursing: An Integrative Approach (4th ed.).
The Key Issues
The identified key issues are education, scope of practice, specialty practice, reimbursement, titling, prescriptive authority, legal status, regulation, and credentialing issues. The similarities among these issues are all embedded in regulatory languages which make it difficult for APNs to benefit from development of nursing role. The differences occur when one failed to collaborate and to address these above issues as a whole and to promote collaborative relationships with other regulated health disciplines both at the national and state level. And, indeed these issues are still importance to the practice of advanced practice nurses.
Three Chosen Issues
The three chosen issues are scope of practice/specialty practice, reimbursement, and prescriptive authority. Like never before, the profession for APNs has emerged into different era which presents many different opportunities and challenges for newcomers. Today APNs can be found working anywhere from the family practice, cardiology office, urgent care always to emergency medicine. As a new graduate APN, the role can present many challenges and obstacles especially when she or he tries to adjust to the new role while attempting to comply with several clinical practice guidelines.
Even though the title of APN is recognized as a valuable asset to the community and other healthcare team member, many of them are still struggled to get reimbursed properly. The holistic caring approach provided by APNs is not inferior to the medical model provided by physicians. The education requirement for both professions will be soon about the same especially with the new requirement of a doctoral degree for APNs. This is the reason APNs still debate for equal pay for equal service when care is compared between both health providers.
After reading Advanced Practice Nursing: An Integrative Approach (4th ed.) page 606 and 607, the reality becomes clear that APNs have to prove so much in order to gain sole authority in scope of practice. The Board of Medicine continues to find ways to limit the scope of practice for APNs. According to Lugo, O'Grady, Hodnicki, & Hanson (2007), 23 states possess sole authority from the board of nursing; whereas other states possess joint authority with the board of medicine, the board of pharmacy, or both (Hamric, Spross, and Hanson, 2009, p. 606). The outcome of this disagreement affects the role and practice of APNs greatly especially when they attempt to provide the best care possible in a timely manner.
Top Two Issues
The chosen top two issues are reimbursement and prescriptive authority. As a new graduate APN, she or he must get educated well about different payment options such Medicare and Medicaid, third party payers, and more to ensure proper reimbursement. The second strategy is to encourage schools throughout the country to incorporate this valuable lesson as part of the standard curriculum. The nursing profession as a whole should continue to flight aggressively for equal service for equal pay because nursing profession should not be assumed as inferior to other independent health providers despite different styles of caring approach. As an individual APN, one must continue the education to doctorial level in order to try to resolve the unfair disadvantage of prescriptive authority across the nation. The second strategy is APNs should continue to promote the recognition of APN as safe and cost-effective alternative provider throughout the healthcare systems.
Regulatory Barriers
The current regulatory barriers for APNs are prescriptive authority, reimbursement schemes, nursing education, and scope of practice and titling. The variance in board regulations from state to state is a problem facing APNs who highly mobile (Hamric, Spross, and Hanson, 2009, p. 610). Even though prescriptive authority exists over the years and becomes fairly standard for APN prescribers, but the requirements still vary from state to state (Hamric, Spross, and Hanson, 2009, p. 607). For those APNs who love to travel and work at another state to make sure to check the scope of practice for that state as it varies significantly (Hamric, Spross, and Hanson, 2009, p. 607). The professional nursing organizations and the National Council of State Boards of Nursing (NCSBN) have been working on a new regulatory model for APNs in order to promote some uniformity on credentialing and licensure (Hamric, Spross, and Hanson, 2009, p. 610). A system of mutual regulatory recognition between states is needed and remains to be done.
Conclusion
Even though most of the hard work was done to promote the path to independency and uniformity for advanced practice nursing, but several issues remain to be solved especially in the areas of credentialing and regulation. Many nursing organization is working aggressively to put a new regulatory model in place to promote a system of mutual regulatory recognition. The field in advanced practice nursing is evolving and changing rapidly, especially in the areas of advanced practice nursing specialties. As a result of this complex change, policymakers and regulators face many challenges and obstacles to ensure development of broad-based practice standards. At the same time this challenge also presents many new opportunities for advancing practice nursing; thus APNs continue to prove themselves as safe and cost-effective providers to the members of society and to move forward to a better professional future.

Sunday, February 26, 2012

Education Law - An Overview

Education Law takes care of any legal issues around education. There are many areas of education where law dictates how things work. Here we take a brief look at some areas that are covered by education law.
EMPLOYMENT
Just like any other business anyone who works for an educational institution, such as a school, college or university, must act and be treated according to the normal employment laws.
EUROPEAN LAW
There are European laws that dictate certain areas of education law. This is likely to increase in the near future, with the Lisbon Treaty going through. This means that many of the education laws are likely to be uniform across Europe.
INSTITUTION RESPONSIBILITIES
There are certain responsibilities set out by law that educational institutions must abide by. They have a duty to teach certain things (depending on the type of institution) and sometimes they have certain procedures which they must follow. For example secondary schools must teach certain subject, such as English, Maths and Science.
TRAINING
Anyone working in education must be trained sufficiently to fulfil their specific role. School teachers have to have formal training, both to make sure they have the skills to teach children and to make sure they know their subject areas sufficiently.
CHILD CARE
Educational institutions have a duty of care. Those looking after children must be deemed fit to take on such a role. This can include background checks so everything possible is done to make sure children are safe in their care.
SPECIAL NEEDS
Institutions have a legal obligation to meet the needs of those with special needs to make sure that they are given the same opportunities as others.
HEALTH & SAFETY
There are health and safety guidelines that must be followed. Premises must be deemed safe for purpose. Compensation might be payable if an institution is found to be liable for an injury that has occurred while the victim was at the premises.
DISCRIMINATION
Students (and teachers) cannot be discriminated against for any reason. Everyone must be treated equally irrespective of gender, age, race, sexuality or religion.
FINANCE & FUNDING
Certain rules apply as to how different institutions can acquire funding. For example, states schools have to be free for all. Different regulations apply to state and private institutions, as they do depending on what type of institution they are (e.g. schools and universities are treated differently).
STUDENT ADMISSION
This is an area that has been much debated recently. Rules that decide who has the right to attend a specific school are set out by law, something that is based on the geographical areas in which they live. Many parents have been known to dispute these decisions.
STUDENTS TAKING ACTION AGAINST EACH OTHER
Although rare, there are some occasions where students have taken legal action against each other using education law solicitors, with the most common reason being that they have been bullied by the student in question.
DISCIPLINE
There are laws stating forms of discipline that can be carried out. In the past physical punishment was legal but this is no longer the case. There can also be disputes where children have been excluded from school.
POSSESSION OF SUBSTANCES
Certain substances are banned by law from premises. Illegal drugs are obviously not allowed, but cigarettes and alcohol are also not deemed acceptable at certain premises. This mostly applies to schools.
SEARCHING
Students are allowed to be searched on occasions but only when there is sufficient suspicion that they have broken rules. This can include searching pocket, bags and lockers.

Saturday, February 18, 2012

Education Law - 10 Things You Didn't Know

Just like in the commercial world, the education sector is bound by laws and regulations. Schools, Colleges, University and other educational establishments are increasing having to rely on legal assistance in order to ensure that the law is adhered to, and to settle disputes.
Education Law solicitors can advise on all legal issues that affect the education sector. Here are 10 of the common issues that Education Law covers.
1. Generating Income
Schools and other educational establishments are looking at different ways to create more income. By complying with education laws, income, and return on investment can be maximised.
2. Compliance
Educational establishments need to comply with discrimination laws and other workers' and pupils' rights. Staff and pupils shouldn't be discriminated against because of their gender, age, skin colour, race, religious beliefs, and sexuality, or for any other reason.
3. Special Eduational Needs
Schools that teach pupils with Special Educational Needs need to ensure that they are fully compliant with the relevant laws. Sometimes there are appeals and tribunals.  And experienced Education Law professional can help either side to ensure that their voice is heard.
4. Grants and Loans
Some schools are fee paying schools, and so contracts will need to created and amended as necessary. In addition, grants and scholarships will need to be distributed evenly, and fairly. If there are any complaints or discrepancies, and Education Law solicitor will be able to help.
5. Interaction with the Private Sector
The education sector is looking at more ways of working with businesses, so that students and graduates have the relevant skills that businesses need. Education Laws ensure that the pupils are not exploited or undervalued.
6. Pupil Behaviour
Pupil behaviour has been increasingly in the news recently, and not always for the right reasons. From truancy to violence in the classroom, Education Law solicitors can advise either party to help achieve a suitable outcome.
7. Intellectual Property Rights
Computer and other technical work is more prevalent in schools and colleges nowadays, and the issue of Intellectual Property is increasingly important. Education Law can help advise on the legalities of work produced at school.
8. Students and Admissions
Popular schools, colleges and universities are often oversubscribed. This often leads to unhappy parents and pupils. Education Law can help ensure that all policies and procedures are followed properly, and that those who have not been admitted haven't been discriminated against.
9. Land and Property
School, Colleges and Universities are increasingly either in need of more land and property, or trying to sell off unused land or property. Education Law makes sure that the acquisition or disposal of land and property is done properly.
10. Accidents at School
Unfortunately accidents at school do happen, and these can sometimes be serious. Pupils and staff have a right to expect that the school buildings and equipment is safe, and there could be grounds for compensation. Accidents whilst at school could include any slips or trips in the playground, or on the sports pitch, as well as incidents in the chemistry laboratory or on a geography field trip. Education Law solicitors help to ensure that cases are dealt with properly.

Saturday, January 14, 2012

California Marijuana Legalization in 2012

With the defeat of Proposition 19 at the California ballot this past November, proponents of marijuana legalization and regulation had a bitter pill to swallow after months of arduous campaigning.  However the vote was close with 53% against and 47% in favor of legalization.  This has given supporters ammunition to move forward in 2012.


Many feel that what was once a fringe issue has now moved into the mainstream.  Backers of Prop. 19 believe that with further education and awareness, the voters of California are ready to turn the tide.  They feel that the political climate had shifted and that an already existing donor infrastructure will give them a leg up for 2012.  2012 is also a presidential election year, meaning more voters come to the polls.


Some of the bigger players to emerge for 2012 are the Coalition for Cannabis Policy Reform 2012, California NORML (National Organization for the Reform of Marijuana Laws), and The Regulate Marijuana Like Wine Act of 2012.  At this point it is to early to tell which organization will take the lead and bring an initiative to the ballot.  It is interesting to note that the Coalition for Cannabis Policy Reform 2012 senior leadership team is comprised of many veterans of the Prop.

19 campaign.

Due to the enormous amount of national and international attention heaped upon Prop 19, legalization organizations have been able to harness the publicity to amass considerable war chests for a 2012 ballot initiative.  Organizations have also reported increased contribution not only from individuals, but from various business that stand to benefit from a marijuana economy.


Though the 2012 elections are about 15 months away, opponents and proponents have already geared up for round II.

Saturday, January 7, 2012

Legal Action - Bulletproof Yourself

How would you like to live your life without being worried about violating any of the millions of Statues as issued by Acts of Parliament? You know these things that says that children must wear safety goggles when working with Blue Tack, or that you can't smack your own child, or drive faster than 70 mph on the motorway. In other words victimless crimes.


According to the age-old Common Law you have to have caused Harm, Damage or Loss to another human being, who lays a claim against you, for there to be any reason for the Police or Courts to step into your life.


But the Government found out it needed a lot of money to finance it's mushrooming growth, and came up with all kinds of "Crimes" that could possibly lead to a real crime down the road, and started persecuting us for these invented possible crimes.


I have been driving, using a seatbelt, for 35 years.

I have not yet been in a situation where I needed it. How can it be a crime to not do something that is supposed to prevent something that may never happen? Well it isn't really. Not in the real world - but it is in the fictitious world of Government statues.

I can show you how you have been deceived into believing that you have to live by these Acts and pay the taxes, fees, fines and penalties they decree.


It started when you were born. Your parent were told they must register your birth (they did not know that in legalese "Must" means "May" - deception again) and did so. What they actually did there was to sign over the rights to you to the State. This is why the state can dictate how children should be raised, what vaccinations they should have, what education they should have, etc.

etc.

The State also, as a result of this registration, created your "Person" this is a fictitious legal entity that carries your name. Only the name is spelled in CAPITAL LETTERS or has a title in front of it like Mr. Mrs. Ms. Dr. Sir.


Then trough your life you have been made to sign contracts that asserts that you are the "Person" or "Strawman". Like a voters roll, Driving license application, Tax papers, etc.


If your parents had not registered you birth and you had never signed any "contracts" you could pretty much do anything you wanted as long as you did not violate Common Law and cause Harm, Loss or Injury to another human being - and the police could do nothing about it.


You can however take actions that will separate yourself from the "Person" and make the Person belong to you instead of the State. You need to educate yourself some and take certain actions.


I suggest you first read a book by Mary Croft, called "How I clobbered every Cash confiscatory agency known to Man"
This is a story about how she went from broke and desperate to being free from State interference. She pays no tax, she drives a car that is truly hers and is not registered and she has gained access to a secret account linked to her "Person" which can be used to offset claims upon the Person.


I have made paring tickets go away using this. I also used this knowledge to make a Court case go away (without even appearing in Court).


And I have used knowledge about the Law and how the money system actually works, to stop paying my "debts" without violating the law or go to Court. Once you understand how the Banking scam works, you can do the same if you wish.


I wish you all the best with this.


Kent Bengtsson