Tuesday, February 26, 2008

Adequate Care as Defined by Law

How much care must one really need to show to be appreciated? How does one know that he has given enough care as needed? Is there such a thing as an overflow or an exaggeration of love or concern?
In the article, “Utah State Settles ADA Suit”, posted on June 5, 2007, the case is reversed. Here we have an academic institution who tried to give as much as they could but their care fell short of the expectations of the students.
The article was based on a lawsuit filed by twelve blind students who “felt the school was not making an effort to provide adequate services”. According to the impaired students, they asked the school administration for an interpreter in their classes but got a stenographer, or someone not qualified to the task, instead. As a result, the students said, they were not able to participate in class discussions.
At the time the suit was filed, the school has seven deaf students using interpreters and about 25 deaf or partially deaf students using note-takers.
Hence the students filed a lawsuit against the school administration for failure to provide them with appropriate services under the American with Disability Act (ADA) and the Individuals with Disabilities Education Act (IDEA).
As a settlement, school administrators promised to have three more full-time interpreters to add to the seven other qualified interpreters.
Under the IDEA, public schools are required “to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs”.
Moreover, schools are also required to “develop appropriate Individualized Education Programs (IEP's) for each child”. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.
The law also mandates that schools must follow certain procedures to implement the IEP.
The law also provides for “an agency representative who is qualified to provide or supervise the provision of special education…” and other individuals at the parents' or agencies discretion.
Sufficient care therefore is one that can ultimately and fully satisfy a need and not merely something that may be used as a substitute for a missing necessity.

Thursday, February 21, 2008

Was racial discrimination on the job more subtle at present?

Racial discrimination still exists in many workplaces!
At present a large differences among racial groups continued to exist, despite the clamor for its elimination. In fact it continued to exist in workplaces, universities, public office, health sector and business sector.
Many racial groups have experienced severe and pervasive denial of the basic civil, political, economic and social privileges.
Most particularly in workplaces, racial discrimination has played much relevance in the hiring process of a prospect job applicant. Several complaints for a job turn down have been lodged in employment sector in this particular issue alone.
In relation to this, several employees have made an outcry for being treated unfairly in reference to job promotion, transfer, and training and development opportunities. They have not been given a fair chance of enhancing their career or lives as well.
Some have experienced demotion and in extreme cases even lost their job. They don’t feel that their job assessment have been treated on their merits. To some they were retrenched or were on the first line of employees who will be kicked-out on the job in cases of redundancy.
Many have felt discomfort in their workplaces for being unequally treated. When some irregularities have happened on the job, the biases against race have butt in. Some have been constantly singled-out as the culprit by reason of their distinct race.
In administrative proceedings or investigation (within the workplace) brought about by an aggrieved employee against his or her superior, a large number of complainants have experienced injustices. Their concerns have not been heard sincerely, and much more the hearing in itself is working against them.
All these were a sullen experience that racial discrimination has brought about in our system and society in general.
So a best question would be asked? Was racial discrimination on the job more subtle at present?

To my mind it does not become more subtle, it became even worst. There is nothing really new about this issue. It is prevalent and becomes a sickness, and that it had infested our society.

Not surprisingly, race discrimination is still alive and existing.

Wednesday, February 13, 2008

Establishing your Trip and Fall Injury Case

More often than not, injuries caused resulting from trip and fall cases are covered by premise liability statutes. This law states that a property or landowner may be held accountable for any damages incurred by anyone who visits his estate. Yet, if one has been hurt from such visit, he must first prove these factors so that he may qualify for suitable recoveries:
  • The property owner or manager has been informed of an unsafe condition in his premises
  • The property owner or manager has the obligation to keep his place free of any hazards
  • The property owner or manager has been irresponsible or negligent in performing such responsibility
  • The trip and fall accident has been caused by the owner’s negligence
  • The victim has suffered any type of Injuries and damages from the accident
  • The injured victim has not exercised any act that instigated the accident
These elements of a good trip and fall injury claim may seem so simple to establish in court. Yet, various circumstances may make it difficult for any victim to pursue it without the aid of an expert personal injury lawyer who practically understands the applicable laws and vital steps and techniques to follow in order to be successful.
Now, if you have been injured from tripping or falling and you firmly believe that somehow, someone has been irresponsible in his actions or inactions; read the tips that I have just read from an article, which I consider vital in proving your case:
1. Take pictures from the actual scene of the trip and fall accident – generally, visual evidences cannot lie. Capture the condition of the area where you experienced the accident.
2. Get the contact information of some witnesses – having additional statements from other people who have witnessed the accident can enhance the merits of your case.
3. Make sure to keep your evidences – physical evidences such as the shoes and clothes that you are wearing on the time of the accident can be helpful for your claim.

Tuesday, February 5, 2008

The Relevance of Patents

The article, “Our New and Improved, Doubly Ineffective Patent System”, posted on October 17, hits on the alleged ineffectiveness of the new patent reform bills, which, the author say, do not serve their purpose.
According to the article, the new patent bill failed to promote its own goals, which are mainly:
  • To encourage disclosure of inventions
  • To encourage the development of new ideas
The article pointed out some of the flaws in the new reformed patent bill, which state that:
  1. inventors fear disclosure because of the guarantee of an inequitable conduct charge - well-founded or not - should the resulting patent ever be litigated
  2. the arbitrary limits set by the Patent office on the number of claims that can be obtained for a disclosed invention often discourage creative individuals.
In a way, the author was right in saying that the government should take a more liberal stand in regard to the works of “the best and brightest minds” of our society.
I hold the same view that inventors should be given as much freedom as possible in introducing their creations to society and fully develop them for the improvement of our conditions. Patents are applied to protect these inventions from being used and abused.
We have to remember that creativity spurs progress and development and in setting limits to our abilities, we are stunting the growth of our own civilization.
Obtaining a patent for something you create or invent is done in these conditions:
a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent
b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States . . ."
The preparation of an application for patent and the conducting of the proceedings in the United States Patent and Trademark Office (USPTO) to obtain the patent is an undertaking requiring the knowledge of patent law and rules and Office practice and procedures, as well as knowledge of the scientific or technical matters involved in the particular invention. If you have an invention that you need to register and patent, it is best to consult a lawyer to help you with it.