REVITALIZING THE RULE OF LAW

       

      Demographics are now being used to manipulate politics and pocketbooks, from comedy shows to academics. The greatest loss to us as citizens is the public ignorance of the Rule of Law. Currently working as a published citizen journalist advocating for the fine and performing arts, with a Masters Degree in Entertainment Business, my goal is to extend my expertise to include discussion about the  Rule of Law in a public forum. The ideals are explicit and well-stated and apply to all walks of life, all ages, all ethnicities. 

      From Black’s Law Dictionary, “The concept of the Rule of Law goes back to ancient times and it can be summed up by the well-known phrase, ‘nobody is above the law’. In other words, a governing system based on the Rule of Law, everybody is held equally accountable under the same laws.” The Four Pillars of the Rule of Law include: 1) The law applies to everyone 2) The laws are not secret or arbitrary 3) The laws are enforced fairly and 4) The justice system is fair. It is becoming more and more difficult to interpret information when we as a society, are being bombarded with sound-bites, demands of advertising, and emotionally charged packaging.

From Merriam-Webster the noun “Demographic” is defined as the statistical characteristics of human populations (such as age or income) used especially to identify markets. A market or segment of the population identified by demographics. This sounds innocent enough but it is my conjecture, the demographics are sometimes used against the average citizen distraction techniques. It also sets up groups that unfortunately, are used to behave badly towards other groups, creating a hostile environment for open public discourse about societal problems we all face.

From Dumbing Down America: The War on Our Nation’s Brightest Young Minds, “At a time when the U.lS. Education system consistently lags behind its international peers, Dumbing Down America shows exactly why America can’t keep up by providing a critical look at the nation’s schools through the eyes of the children whose minds are languishing in countless classrooms….Dumbing Down America packs a powerful message, if we want our nation to prosper, we must pay attention to its most intelligent youth.” The idea here is that the emphasis seems to be agreeing with the crowd instead of standing up and stating different ideas. The politicization of thought in schools limit creativity and support for many bright.and vulnerable minds, hungry for morality and intelligent conversation about ethics.  The ideas of liberty, independent thought, and critical thinking seem to be disappearing with opinionated celebrities, who often quit school to become famous, or shaming others for a religious belief system. Again, the Rules of Law interplay with so much of what is not being taught, concerned about or addressed as a topic.

As educators and legislators compete with media systems promoting short term attention spans, and sometimes ignorance as truth, I agree there is a psychological war against the citizen. With greater exposure to the Rule of Law remedies much of this sad condition. I appreciate the positive that has come from becoming more aware of those groups of persons who have been left behind or overlooked.  There needs to be a conscious effort made to respect and protect the individual citizen, each of whom is born with unique, divine gifts and purpose, entitled to the fairness and justice discussed by the Rule of Law.

Norman Rockwell Painting 



  

 References

Black's law dictionary. (2004). 

MN: West.Delisle, J. R. (2014). Dumbing down America: The war on our nation's brightest   young minds TX: Prufrock Press.

Dictionary by Merriam-Webster: (n.d.). Retrieved   April 30, 2020         

FEEDBACK ON LAW SCHOOLS PLEASE

It is the holidays, & I like many of you are taking some time to reflect on past decisions regarding my law education. At this point do I want to plunge into the time & expense of a four year university? NO!

historydaily.org illustration

Do I want to have the convenience of online E-learning? YES!

Do I want to expedite my training so that I can hit the pavement & work within the law industry as quickly as possible? YES!

So here is my question to you, as members of the lay public or those of you experienced in the Law profession...sometimes I refer to it as an industry because of all the ads I get for passing the LSAT, mere thousands of dollars & months at a time, or perhaps this newsletter or that newsletter with every tip I could ever need....(right).
So I have asked myself are my reasons for attending law school valid?

In general the answer is yes, I am religious but do not have any inkling or interest in evangelizing.
Do I care to make this sad, old world a better place?
Yes.

How may I do this, as a female variety of the human race & also as a proud American citizen?
1) I want to support the victims of human trafficking
2) I want to advocate for our military veterans who are committing suicide at a high rate
3) I want to support Native Peoples in honor of my great great great grandfather, (Doc)Robert Newell, the first Speaker of the House in Oregon and advocate of the tribes in Washington DC.

While I shake out my own intentions, one of which I would like to be paid a decent wage so as not to die in poverty...I was hoping some of you may care to comment on your musings as well.
Have you had experiences positive or negative with Pepperdine Law University? Concord Law from Purdue? Novus Law in the Marshall Islands? Abraham Lincoln Law University? Hillsdale  College?

Having read a wonderful resource book: The Law School Bible by Peter J. Loughlin, J.D., LL.M., it makes one wonder about the shift away from the traditional four year training into more creative methods of creating attorneys, which are rooted in American history. This overview of Apprentice programs offered by many states is an unknown option that is catching on as a viable alternative.

I would appreciate your input as I jostle through ideas of my own, which of course, have their limitations. Thank you & God bless you.

Attorney Apprenticeship in Nine States; Who Knew?

Willard Leroy Metcalf (1858-1925)

Information Re: Attorney Apprenticeships

To eliminate student debt it helps if one does not go into it in the first place...I am talking to myself, of course.

Below are some links to aid in becoming an attorney without a bill from a law school. Abraham Lincoln did it like this:

https://alumni.berkeley.edu/california-magazine/just-in/2015-10-07/doing-it-lincoln-these-aspiring-lawyers-kick-it-old-school

In addition, this site offers information about apprentices and mentors.

www.facebook.com/groups/apprenticingtobecomealawyer/

This Facebook page is operated by the Sustainable Economies Law Center and is a great way to network with like minded individuals interested in Law.

      Nine states allow Do-It-Yourselfers to establish Attorney Apprenticeships. Four of them require one year of study with an ABA school. This means one thing: you must have passed the dreaded Law School Admission Test (LSAT) to even get started. However, one year of a distance law school can prepare someone to get in gear for the LSAT exam. There are plenty of law training companies eagerly waiting for business, so look alive when you request any tutoring or prepping.

     All 201 law schools that belong to the Law School Admission Council (LSAC) are under the umbrella of this organization. The LSAT is comprised of four component parts including: A)Analytical Reasoning, B) Logical Reasoning, C) Reading Comprehension and D) The Writing Sample. Each section is tested in 35 minute segments. There are even watches available to wear so a person can practice taking the practice exams, that actually have 35 minute count-down features so the student can prepare how it feels to work with the allotted time constraints of the test.  
The purpose of this is to teach the prospective student how to work under pressure.
 

      The nine states are: Alaska, California, Maine, New York, Vermont, West Virginia, Virginia, Maine, and Wyoming. Each state has rules that vary but those rules can be easily attained by searching for attorney apprenticeship under the government heading. Mind you, this plan will only work if a person is highly disciplined and self-motivated.

      If a person has had one year of law school there are ways of attaining work by joining an organization of Legal Document Assistants. This employment places a person into a directory (for a fee) whereby they are allowed to do legal research or other designated tasks that a full-blown attorney office could be too busy or too costly to proceed with.

      For those of us who love the study of law, perhaps we have encountered some great minds sleuthing through Sherlock Holmes or Charlie Chan movies. One old B&W movie leads to another with some fabulous courtroom dramas that should not be misses. My source is YouTube.com or Turner Classic Movies.

      Should you share your love of law with the love of the arts, there is a tremendous collection of art and articles available online: www.nycourts.gov/history 
(location of the Willard Leroy Metcalf painting found when searching for Lady Justice.)

      Your comments are always welcome & I would like to invite legal minds to please contact me about submitting to this blog. Contact through website: BrandingByPeg.com Thank you.

NATIVE PEOPLES LAW HISTORY

  As dual citizens, American Indians have unique rights that are not commonly known by the general public. 

To protect themselves in legal circumstances, it is wise to contact an attorney wise in Native Peoples Law.

fototelegraf.ru

         The Fourteenth Amendment of 1868, granted United States citizenship to former slaves and to all persons “subject to U.S. jurisdiction”. It also limited state power: a state shall not violate a citizen’s privileges  or immunities: shall not deprive any person of life, liberty, or property with due process of law; and must guarantee all persons equal protection of the laws.Unfortunately, this did not include a very vital social contingent, our Native Americans.

         The Indian Appropriation Act of 1871 made all Native Americans wards of the federal government and nullified all treaties with them. Thus, Congress was able to destroy the sovereignty of the remaining traces of the Native American nation. Federal Indian policy establishes the relationship with the Indian Tribes and the U.S. government within its borders.  The Constitution allows the federal government responsibility  for working with the tribal communities, many of which are distinct entities unto themselves, and in fact, do not get along with one another.

         American Indians currently have dual citizenship, both as U.S. citizens and tribal citizens. Therefore, there are many layers of complex laws

about civil rights protections.

         In 1924, the Indian Citizenship Act confirmed citizenship to Indians born in the country. Prior to the Civil War, Indian citizenship was limited to Indians of one half or less Indian blood. The ratification of the Fourteenth Amendment, did not clarify citizenship for Indians. Native Americans were entitled to citizenship if they married a U.S. citizen, served in the military, or represented in a treaty.

         In 1965, the Voting Rights Act prohibited discrimination on the basis of race or color. This legislation was important because at this time states had literacy tests and poll taxes as barriers to Indian voting.

         In 1968, Congress held hearings about the abuses and mixed authorities within the tribal governments. The Indian Civil Rights Act was passed, which again demonstrates the conundrum of the U.S. government recognizing and coordinating efforts of civic good, with the tribal governments. The Supreme Court held that the federal government had no authority over the enforcement of tribal laws. Currently, on the northcoast we have a myriad number of casinos, few of which pay any attention to building codes and/or environmental concerns. The American Indian Movement was formed to address advocacy for treaty rights, living conditions, and racism.

         In 1975, the Indian Self-Determination and Education Assistance Act authorizes government agencies to enter into contracts with Indian tribes. This also allows the tribal governments able to accept grants and administer funds.

         In 1978, the Religious Act was created to preserve and protect the religious rights of American Indians, Eskimos, Aleuts, and Native Hawaiians. These issues include; 1) Access of sacred sites, 2) Repatriation of sacred objects held in museums, 3) Freedom to worship through ceremonial and traditional rites, 4) Use and possession of objects considered sacred.

         Also in 1978, the Indian Child Welfare Act requires Indian children to be placed with extended family members, other tribal members, or other Native American families for foster-care or adoption purposes.

         In 2010, the Tribal Law and Order Act was signed into effect by President Obama. This expands the punitive abilities of tribal courts operating in Indian country to increase jail sentences held within criminal cases.

         In 2016, Humboldt County, CA received funding from the Governor’s Office of Emergency Services to provide mental health treatment to tribal children who have been victims of crime and other illegal situations facing them. The Yurok Tribal Council is working on a plan involving health officials within the Tribe and representatives from several outside entities to provide help for at-risk youth and young adults. By collaborating with federal, state, local, and tribal agencies, Yurok leadership has expanded social services to include mental health training, alcohol and drug counseling, and parenting classes. It is unfortunate that these communities have extremely high rates of teenage suicide and domestic violence. While some tribes may have a youth suicide rate three times the national average, other tribe’s have rates that go as high as ten times the national average.

         Mental illness plays a part in almost 90% of suicides according to the National Alliance on Mental Illness, and such conditions can be treatable. However, for Indian communities, often rural and difficult to trespass into for strangers, mental health resources don’t always reach them.

         These small remote communities throughout northwestern California and Oregon, located in the mountains and coastlines, consist of many separate rival tribes. In addition the Native American population is at higher risk for other health issues including: likelihood of dying due to alcohol related causes, incidence of diabetes and tuberculosis, and the highest rate of intimate partner violence in the U.S. The Native American child is double at risk for abuse and neglect.

         As dual citizens, American Indians have unique rights that are not commonly known by the general public. To protect themselves in legal circumstances, it is wise to contact an attorney wise in Native Peoples Law.

        

        

VIVA VOX LAW: Beauty...Truth...Justice

Welcome to VIVA VOX LAW: 
New home of Beauty, Truth & Justice

In these days of civil unrest & political strife, I felt the need to create a forum for opinion about law, justice, effectiveness of our current systems, & general speculation about the world we find ourselves in. I have no interest in generating a political party or new religion, but I do contemplate ideas of the human spirit, human justice, & to my mind, seeing the beauty in all things.

As far as I can tell, it appears there are two forms of justice. One is Poetic Justice, that which is given to us by the Gods, the long term effects of our choices & behavior. The other is Human Justice, or for purposes of description, the Law of Man. Poetic Justice is generally more satisfying if only we can live long enough to witness its unfolding. In the meantime, we have our federal, state, county & local justice systems of regulations, criminal jurisdictions, & civic, civil, & social norms expressed through torts. Many times I have been so disappointed in a jury outcome, (outcry?) then I remind myself we are all only human & so far our Democratic Republic is the closest thing to Poetic Justice, where all are equal in the eyes of God, that we have been able to get. 

Human nature has not changed throughout the centuries. We can limit cruelty as best we can through our laws & expectations of a decent & fair society. Human laws cannot change Human nature. This is where if we feel the need to change ourselves or others, we step up to the laws of Poetic Justice.