Law & Daily Life - The FindLaw Life, Family and Workplace Law Blog

March 2018 Archives

Can the Second Amendment Be Repealed? How?

Gun violence has become a serious and widespread problem in the U.S. While many people are calling for stricter gun control laws, one retired U.S. Supreme Court Justice has a more drastic solution: repeal the Second Amendment. Justice John Paul Stevens called for repealing the Second Amendment in an op-ed piece he wrote in the New York Times. Justice Stevens also encouraged demonstrators demanding more gun control to also call for repeal.

States Sue to Block Citizenship Question on 2020 Census

President Trump has made it clear that immigration reform is one of his priorities. So, it's no surprise that the Trump administration has decided to put a question back on the U.S. census asking about citizenship. The Justice Department asked officials to add the question about citizenship because it said that it needed better data on the voting age population in order to help enforce the Voting Rights Act.

The Secretary of Commerce, which is the department in charge of the census, agreed to grant the request. But, as with most decisions that the Trump administration makes -- especially when it comes to immigration -- many states have taken issue with this decision. In fact, several states will sue to block the citizenship question on the census.

Spring Break Travel Tips to Avoid Legal Issues

Spring break is the glorious week in which college students get a break from school to do what they wish. But, even though spring break seems to have become synonymous with partying and freedom, there are still certain rules to be mindful of when it comes to spring break travel. The following are some tips to avoid legal issues during your spring break travel.

5 Tips for How to Keep Your Kids Out of Your Divorce

While getting a divorce requires a couple to decide on certain issues surrounding their children, such as child custody and child support, involving your kids in the process is not necessary. A divorce can be emotionally taxing on the couple ending a marriage, but can also be very difficult for the couple's kids. For this reason, the more you can keep your kids out of your divorce, the better for their emotional well-being. Here are 5 tips to help keep your kids out of your divorce.

It's unfortunate, but it seems that our new reality is that school violence can happen at any school and at any time. But, there may be certain actions we can all take to reduce, and maybe even eliminate, such tragedies from occurring. In fact, the California Supreme Court has ruled that colleges have a duty to protect their students from foreseeable violence in the classroom.

Major Online Sex Trafficking Bill Passes Senate

It's probably a safe bet that everyone in Congress wants to fight sex trafficking. But it's also a safe bet that they won't all agree on the best way to accomplish that goal. In a surprising turn of events, almost all U.S. Senators agreed to pass a bill that targets online sex trafficking. But the bill is not without its vehement detractors.

Do You Lose Your Pension If Fired?

Whether you resign or are fired, losing a job is never easy. And, it's not just the loss of income that can be difficult, but also the loss of benefits. For example, deputy FBI director Andrew McCabe was fired just two days before his retirement, which means he's no longer eligible to receive his full pension. Pensions and other benefits are generally terminated when you're fired, but there are certain rights that an employee has after his or her job has been terminated.

How to Sue an Online Business

These days, more and more people live their lives online -- chatting with friends, stalking an ex, trolling a public figure, and shopping for ... everything. So, it makes sense that more and more of our conflicts will also have some web-based aspect to them. And while you may know how to sue your neighbor, or the business down the street, what happens when you have a problem with someone you've only dealt with over the internet? There are a few things to keep in mind when it comes to suing an online business.

Do Students Have Legal Rights to Protest During School?

Although it may not always feel like it, students do have certain rights at school. These student rights are generally in line with the rights afforded to all U.S. citizens by the U.S. Constitution. But, when in school, students do have limitations to those rights.

For example, while students have a general right to privacy, this right ends if there are safety concerns. And although students don't lose their First Amendment right to free speech when they walk through the door of their school, there are limits to those rights. So, what legal rights do students really have at school, and is protesting during the school day one of those rights?

Major Changes to Florida's Gun Laws

With another deadly school shooting serving as the final straw, Florida lawmakers have made significant changes to their gun laws, despite fervent opposition from the NRA and a long history of permissive legislation.

While the final bill signed by Florida governor Rick Scott does not include everything activists sought, such as an assault weapons ban, it does change the minimum age and waiting period for gun purchases, bans bump stocks, and affects both security and mental health services on school campuses.

The new law, passed by a majority-Republican legislature, includes six major changes to Florida's gun laws:

What Parents Should Know About New 529 Tax Rule

Everyone talks about how raising kids is expensive, and one of the biggest contributing factors to that is providing kids with a good education. This is especially true if you want to send your kids to private school. Well, the Tax Cuts and Jobs Act of 2017 has a significant impact on how many Americans can approach their strategy for funding their children's education. More specifically, the Act now makes 529 plans eligible to be used for private school tuition for grades K-12.

Hospital Avoids Racial Discrimination Claim With Religious Exception

People have a general right to work in a place that's free of discrimination, whether it's based on race, religion, gender, age, or disability. In the event that you feel you have become the victim of employment discrimination, you can usually file a claim with the government and/or file a civil lawsuit.

However, that doesn't mean that you'll always have a valid claim against your employer. Just ask Mark Penn, whose lawsuit against New York Methodist Hospital for religious and racial discrimination was recently dismissed by the Second Circuit.

When Is It Too Late to Go to Small Claims Court?

Your small claims lawsuit should be filed as soon as reasonably possible. And by 'reasonably possible,' we really mean as soon as you're sure you need to sue but before the time limit for filing expires. Besides the practical considerations of suing fairly quickly after something has happened, there are legal reasons to do so.

Dad Can Be Guardian After Giving Autistic Daughter Illegal Marijuana

As society seems to become more accepting of marijuana, the laws around this drug have changed as well. Some states have decriminalized marijuana, while others have actually legalized marijuana (within certain parameters, of course). For example, California recently introduced new cannabis rules and regulations.

Texas, on the other hand, continues to be on the more restrictive side when it comes to marijuana. Under current Texas marijuana laws, medical marijuana is permitted on a very limited basis. While Texas is still strict with marijuana, a judge in that state has ruled that a dad who gives his severely autistic daughter cannabis vapor is fit to be her guardian.

Can I Self-Insure My Car?

The purpose of insurance to guard against loss or damage. For example, health insurance is there to help you pay for medical costs that would otherwise be too expensive for most people. Insurance can also specifically protect someone other than the person who is insured.

A good example of this is life insurance, which would provide money to named beneficiaries in the event that the person who's insured dies. Some insurance is required by law, while others are simply an option. One type of insurance that states usually require their drivers to have is car insurance.