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Monday, August 6, 2018

Notable 2018 Supreme Court Decisions: Collection of State Sales Tax on Internet Retailers


When you buy goods on the internet and the seller is located in another state, should you pay tax? As a consumer, you’d like to say no. But the Supreme Court tackled this question in South Dakota v. Wayfair, Inc.

The Court had to decide if the dormant Commerce Clause prohibits states from requiring sellers with no physical presence in the state to collect and remit sales tax for goods sold within the state. In the past, in the 1992 Quill Corp.
Read more . . .


Friday, August 3, 2018

Notable 2018 Supreme Court Decisions: Compelled Speech


Can the government force private organization to express messages they disagree with?

The issue of compelled speech and viewpoint discrimination was reviewed by the Supreme Court in National Institute of Family and Life Advocates (NIFLA) v. Becerra. The Court ruled that the government cannot force private organizations to express messages that they disagree with.

National Institute of Family and Life Advocates (NIFLA) is a religious, pro-life organization that provides pregnancy related services in the State of California. Per California Reproductive Freedom statue, certain clinics that provide family planning services to pregnant women must notify them of free or low-cost abortion services.


Read more . . .


Tuesday, July 31, 2018

Notable 2018 Supreme Court Decisions: Freedom of Religion vs. Anti-Gay Discrimination


Masterpiece Cakeshop Ltd. V. Colorado Civil Rights Commission was one of the most awaited decisions of the year. The Supreme Court had to balance the interests of freedom of religious expression vs. anti-gay discrimination.


Read more . . .


Friday, July 27, 2018

Notable 2018 Supreme Court Decisions: Expectations of Privacy in a Digital Age


In Carpenter v. United States, the Court had to grapple with modern technology and expectations of privacy in a world of shared data. Some called this decision “the most consequential privacy decision of the digital age”.

Mr. Carpenter was suspected of participating in a series of robberies.


Read more . . .


Tuesday, July 24, 2018

Notable 2018 Supreme Court Decisions: Travel Ban


 Trump v. Hawaii was one of the most divisive decisions of the Supreme Court during the 2017 term. President Trump’s Proclamation No. 9645 called for temporary travel restrictions to the United States for aliens from eight countries (Chad, Iran, Lybia, North Korea, Syria, Venezuela and Yemen). The media called it the “Muslim ban”.
Read more . . .


Friday, July 20, 2018

Notable 2018 Supreme Court Decisions: Partisan Gerrymandering


One of the most interesting cases decided this year by the US Supreme Court was Gill v. Whitford. The case concerned redistricting and gerrymandering. It was a unanimous decision by the court (9 to 0).  In the opinion of most analysts, the Supreme Court wasted a historic opportunity to correct a wrong that cannot otherwise be solved by a political process.


Read more . . .


Sunday, April 29, 2018

Seniors are one of the fastest growing demographics that is interested in medical marijuana


Medical marijuana may help with a variety of age-related illnesses, including  arthritis, insomnia, and pain.

Yet in New York, for now, only people with very specific illnesses are permitted to buy medical marijuana.

 Read more . . .


Tuesday, April 10, 2018

'Aggressive' Advance Directive Permits Halting Food And Water In Severe Dementia


Is this something that you would want? I will be the first person to sign it - because I see the pain and suffering that people go through during the years of dementia.

Yet will this document be honored? It is very aggressive and has not been tested yet!  While one has capacity - you have to talk to family, to ensure that they honor your wishes.

https://www.
Read more . . .


Wednesday, April 4, 2018

Guest Blogger: Ashley Taylor from www.disabledparents.org - Preparing Your Home and Your Life for Children as a Disabled Parent


Preparing Your Home and Your Life for Children as a Disabled Parent

 

Preparing your home for parenthood is something every new parent needs to do, but for parents with disabilities, this sometimes takes a bit more planning. For example, just holding your child might be a special challenge for you depending on your disability, so it’s important to make sure your plans accommodate special circumstances. Perhaps you need to hire someone to modify baby furniture or buy special items that make carrying your baby easier.

Safeguarding Your Home

Childproofing is not a new concept, and it is mostly the same process for you.
Read more . . .


Tuesday, March 27, 2018

Why do people choose assisted suicide?


The idea of doctor-assisted suicide has been growing in popularity in recent years. Canada, Belgium, Netherlands, Luxembourg and Switzerland have legalized voluntary euthanasia.  Australia, France, South Africa and United Kingdom are considering similar measures. In the United States, five states have legalized physician assisted suicide via legislation (California, Colorado, Oregon, Vermont and Washington) and one state has legal physician assisted suicide via court ruling (Montana).

According to several recent studies, the reason patients gave for ending their live had to do more with psychological suffering and not physical ones.
Read more . . .


Thursday, March 15, 2018

Must an Executor or a Trustee provide an Accounting?


Being an Executor of an Estate or a Trustee of a Trust comes with having fiduciary responsibility to the ultimate beneficiaries. One such responsibility is to provide an accounting: a report of all the revenue and expenses.

There are several instances where an accounting might be done:

  1. Usually, the Executor or a Trustee will provide an informal accounting prior to making the final distribution from the Estate or the Trust. As part of this process, the Executor or Trustee will ask the beneficiary to sign a Release and Waiver Agreement, designed to protect the Executor or Trustee from liability.

  2. Sometimes, the beneficiaries may request an accounting.
    Read more . . .


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