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I haven’t written on the current immigration crisis, mostly because it is in the forefront of the news and I didn’t have much to add.  The situation is appalling and inhumane.  As I discussed previously [i] , entering the United States at a designated border crossing and requesting asylum is legal.  Those doing so have not committed any crime and there is no reason for them to be detained, let alone sent to a concentration camp. Throughout this process, the administration has been looking for ways to deport asylum seekers from the US. We have seen examples of people brought to the United States as small children, who grew up and whose entire life has been ...
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A Further Update on Transgender troops in the Military As we know, President Trump has gone ahead and instituted a ban on all transgender service members in the United States military. Following the April 12, 2018 decision by the Court of Appeals to deny an injunction on enforcement of the ban and the Supreme Court’s decision to not review the case [i] , the administration has decided to go ahead with the ban. His ban applies to the US military, but the Federal Government does not control the various state’s National Guards.  The National Guard is controlled by the Governor of each state. At last count, at least six states have announced they will ...
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Climate Change Blog 23. Facts on the Ground: Hurricane Barry, the first of the season, had sustained winds of 75mph on July 13 and flooded coastal Louisiana. Its immense scope reached much of the midwest, southeast, the Gulf Coast, Arkansas, Oklahoma, the Great Lakes region, the northeast and southern Ontario. Over 23” of rain fell in LA., the French Quarter was flooded, a flash-flood emergency was declared in New Orleans and a tornado struck the Gentilly neighborhood there. Governor John Bel Edwards declared a state of emergency, deployed search and rescue teams and requested a federal disaster declaration for the entire state on July 11 which was granted. ...
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A quick informational post. The New York State Senate and Assembly have passed legislation that will amend the NYS Human Rights Law. [i]   It is expected to be signed by Governor Cuomo and will go into effect as soon as he signs. The amendments will do the following: Independent contractors and domestic workers will now be protected under the law for all forms of discrimination and harassment, not just sexual harassment. In other words, independent contractors and domestic workers will be treated the same as employees. It changes the definition of “employer” to include “all employers within the state, including the state and all political subdivisions ...
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Climate Change Blog 22. Facts on the Ground: A rare tornado warning was issued in the New York region on May 28, causing confusion and concern as a thunderstorm struck. That was unusual. But given the horrific storms in much of the Rocky Mountains, the Midwest and South, why not here?  Between April and May alone, tornadoes have caused at least 40 deaths and scores of injuries there. Floods damaged parts of Oklahoma in late May. The town of Braggs was turned into an island. To get gas, people wrote their names on their gas cans as a friend or neighbor made a gas run by boat to the mainland. There were feed runs for livestock, medicine runs, and grocery ...
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Climate Change Blog 22. Facts on the Ground: A rare tornado warning was issued in the New York region on May 28, causing confusion and concern as a thunderstorm struck. That was unusual. But given the horrific storms in much of the Rocky Mountains, the Midwest and South, why not here?  Between April and May alone, tornadoes have caused at least 40 deaths and scores of injuries there. Floods damaged parts of Oklahoma in late May. The town of Braggs was turned into an island. To get gas, people wrote their names on their gas cans as a friend or neighbor made a gas run by boat to the mainland. There were feed runs for livestock, medicine runs, and grocery ...
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Climate Change Blog 22. Facts on the Ground: A rare tornado warning was issued in the New York region on May 28, causing confusion and concern as a thunderstorm struck. That was unusual. But given the horrific storms in much of the Rocky Mountains, the Midwest and South, why not here?  Between April and May alone, tornadoes have caused at least 40 deaths and scores of injuries there. Floods damaged parts of Oklahoma in late May. The town of Braggs was turned into an island. To get gas, people wrote their names on their gas cans as a friend or neighbor made a gas run by boat to the mainland. There were feed runs for livestock, medicine runs, and grocery ...
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Blog 22

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Climate Change Blog 22. Facts on the Ground: A rare tornado warning was issued in the New York region on May 28, causing confusion and concern as a thunderstorm struck. That was unusual. But given the horrific storms in much of the Rocky Mountains, the Midwest and South, why not here?  Between April and May alone, tornadoes have caused at least 40 deaths and scores of injuries there. Floods damaged parts of Oklahoma in late May. The town of Braggs was turned into an island. To get gas, people wrote their names on their gas cans as a friend or neighbor made a gas run by boat to the mainland. There were feed runs for livestock, medicine runs, and grocery ...
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Chalk Talk

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In a groundbreaking [i] decision, the 6 th Circuit Court of Appeal has ruled that the practice of making chalk marks on the tires of parked cars for the purpose of parking enforcement is a violation of the Fourth Amendment prohibition against unreasonable searches. In ­ Alison Taylor v. City of Saginaw , [ii] Ms. Taylor, who had received 15 parking violations from the City of Saginaw, Michigan over the course of three years, decided to challenge those tickets.  She sued the City alleging that the practice of chalking was a violation of her right to be free from unreasonable searches. The District Court dismissed her complaint reasoning that while ...
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It was announced this week that the Supreme Court would take on three cases related to discrimination based on sexual orientation and identity. The cases are: Altitude Express v. Zarda , [i] a case from New York where an employee claims he was fired for being gay. The trial court dismissed the claim, but the 2d Circuit Court of Appeals reinstated the claims made under Title VII Bostock v. Clayton County, Georgia , [ii] a case from Georgia where a man who worked as a child welfare coordinator for the county alleges that when his employer learned he was gay they fabricated an excuse to fire him, claiming he mismanaged public funds. R.G. & ...
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Climate Change Blog 21 Since Blog 20, huge, deadly, record-breaking storms occurred in Nepal, Mozambique and in the US major floods occurred in Iowa, Nebraska, Missouri and nearby states. In addition, 25 states are at risk of flooding this Spring. In southern Nepal, at least 28 were killed and over 500 injured in a rainstorm with destructive winds that struck in the night. While thunderstorms outside of the regular monsoon season are common in Nepal, this was the deadliest single storm on record. Hundreds were killed in 2017, when multiple storms led to flooding which devastated much of South Asia. In Mozambique, Cyclone Idai caused devastating destruction ...
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Dear Colleagues and Friends:   I am writing to provide a friendly reminder that next week, Steve Hochman and I will be presenting our annual Three Day Commercial Mediation training.  The training, which is celebrating its tenth straight year, will run from Tuesday, March 19 th  through Thursday, March 21 st (from 8:30 a.m. to 5:00 p.m. each day) and will be held at Fordham University School of Law, conveniently located at 150 West 62 nd Street.  It is being offered through the New York State Bar Association’s Dispute Resolution Section, and has been approved for three of the five training days required by Part 146 for mediators interested in serving on ...
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We often hear about civil rights stories when they are happening.  When they are out of the news cycle we move onto the next big thing and forget what happened.  We often assume that someone who violated people’s civil rights might get on with their lives without repercussion. We all remember Kim Davis, the County Clerk of Rowan County, Kentucky.  In August of 2015 Mrs. Davis refused to issue marriage licenses to same-sex couples following the landmark Supreme Court case Obergfell v. Hodges . [i]   Obergfell was the case that held that state laws banning same-sex marriage were unconstitutional.  Following this decision, states were required to issue marriage ...
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Im a downstate attorney and have a cleint that needs to fileOSC to enforce judgment of divorce in Erie County, NY.  Any one interested?       Wendy Marie Weathers, Esq. Senior Managing Attorney Cabanillas & Associates, P.C. 120 Bloomingdale Road, Suite 400 White Plains, New York 10605 wweathers@cabanillaslaw.com Direct: (914) 418-2018 Fax - Litigation: (914) 615-6515 (not for service) Fax - Bankruptcy: (914) 615-6516 Website: www.cabanillaslaw.com     Please also note our other offices: Main Office: 120 Bloomingdale Road, Suite 400,White Plains, NY 10605 Bronx County Office: 1452 Westchester Avenue, Bronx, NY ...
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Climate Change Blog 20 Facts on the Ground: A record-breaking, killing cold, air mass froze large parts of the US in late Jan/early Feb. But the bad news relates to why this Polar Vortex delivered Arctic temperatures over so much of the country. Scientists believe that due to climate change, numerous factors, including loss of reflective Arctic ice, increased absorption of heat by the exposed water, and altered oceanic currents, have changed the flow of the jet stream in effect releasing the constraints which had kept Arctic air-masses in the Arctic. The truly scary news is that this might be the new normal. While the planet generally is getting warmer, ...
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Update to my blog on April 16, 2018 [i] Three cases challenge President Trump’s ban on transgender people serving in the military. [ii] Up to this point lower courts had blocked the implementation of the ban. The administration has sought certiorari before judgment, which is asking the Supreme Court to review lower court decisions before an appeals court has had a chance to review the decision. In an unwritten 5-4 decision, the court denied the petition for certiorari and lifted the injunction on implementing the ban. So, the end result is that the administration can implement the ban while the case makes its way through the lower courts. This ...
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An update on voting rights.  The New York State legislature has passed a number of reforms that will make it easier for people to vote. New York is one of the bluer states, with 3.5 million more registered democrats than republicans [i] , yet until recently it lacked a number of voting rights that other states had.  New York had no early voting, no automatic registration and no registration allowed less than 10 days from an election. The Assembly and Senate both passed bills [ii] that provide the following amendments to the voting laws: Early Voting – This amendment establishes a nine day early voting period, including two weekends.  Each county shall ...
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Climate Change Blog 19 Facts on the Ground : 2018 will be the earth’s fourth warmest on record, with the five warmest years all having occurred since 2010. A warmer world is a more dangerous world for all living things. Warmer temperature leads to increased evaporation and more moisture in the atmosphere which produces more and heavier rains and flooding. People drowned in the Carolinas and in the Indian state of Kerala. Heat waves killed people in Montreal, Karachi, and Tokyo. California’s Camp Fire was the deadliest and most destructive wildfire in state history. At least 86 people were killed, 153,336 acres burned, 18,804 structures were destroyed. ...
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The United States Commission on Civil Rights has issued a report supporting the recognition of Native Hawaiian peoples and urging congress to pass legislation that would allow native Hawaiians to form a governing body similar to Native American tribes.   Prior to 1871 Native American tribes were considered separate nations and treaties were signed at a government to government level. In 1871, Congress passed the Indian Appropriations Act of 1871.  That law ended recognition of independent native nations and started treating them as “domestic dependent nations” subject to federal law.   The justification for granting Native American tribes recognition ...
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Climate Change Blog 18 Facts on the Ground: Violent thunderstorms, small tornadoes that blew roofs off homes and winds equivalent to a Category 3 hurricane lashed Italy from Piedmont to Sicily in late October, killing at least nine people with many injured and firefighters and other rescue workers scrambling to respond to emergency calls. In Venice, ferocious winds drove the high tide to more than 61 inches above average sea level, one of the highest levels ever recorded, flooding much of the city. It was the highest flood there in a decade. Pedestrians used raised walkways throughout the city, while others waded through thigh-high water. Tourists swam ...
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