Immigration International Government Law Customs Concept
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“All New Yorkers, regardless of income, race, religion or immigration status, should have the opportunity to use the court system to advocate for themselves and their interests.”

— Assemblywoman Michaelle Solages–

The first of its kind in the country, the New York State Office of Court Administration issued a directive Wednesday April 17th, 2019, barring U.S. Immigration and Customs Enforcement (ICE) officers from arresting immigrants at state courthouses without a warrant signed by a federal judge. In addition to the judicial warrant (as opposed to an administrative warrant), judges must now be informed of ICE’s presence within the courthouses so that they can review and sign the warrant prior to an individual’s detention.

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Solitary_Confinement-225x300The archaic practice of isolating humans for days, weeks, months, and even years is an ongoing practice in prisons across the United States. Unsurprisingly, locking up juveniles alone can cause severe mental health issues in their developing minds.

The Depraved Conduct of U.S. Prisons

The country responded in shock and awe when, in 2018, headlines revealed that a Californian couple kept 13 siblings shackled and captive in their home. Fed rarely, beaten often, and prohibited from contact with the outer world, the prosecutor on the case noted, “this is severe, emotional, physical abuse. … This is depraved conduct.” So why is the same treatment inside the walls of a detention facility considered less abusive? Juveniles in solitary confinement are routinely denied nearly all human contact, education, and mental health treatment. Instead, they are left alone, deprived of sight and sound in a cement cell.

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Women work more than men work for the same amount of pay. On average, what a man earns in one week, a woman earns on Tuesday of the following week. Equal Pay Day, a “holiday” that symbolizes how far into the year women must work to earn what men earned in the previous year, falls on a Tuesday as a “nod” to the “extra” time women work for equal pay. This year, Equal Pay Day falls on Tuesday, April 2nd.

Started by the National Committee on Pay Equity (NCPE) in 1996, Equal Pay Day began as a public awareness event to shed light on the gap between men’s and women’s wages.The Committee’s Report, The Wage Gap Over Time, illustrates how slowly this divide has closed over the years. For example, according to this report, it took 50 years to gain an average increase of 18 cents: in 1963, full-time working women made 59 cents to the man’s dollar; in 2010, this was marked up to 77 cents. In 2016 and 2017, full-time workers reported between 79.6 and 80.5 cents to the man’s dollar. The Institute for Women’s Policy Research estimates, based on its research, that women won’t receive equal pay until 2059 (40 years to go).

The most recent study by The Institute for Women’s Policy Research, Still a Man’s Labor Market, finds that women earn 49% of what men earn (Nov. 28, 2018). From 2001-2015, this gap was at 51%, and in studies from earlier years it was at 38% and 19%. We are rising, but at what cost?

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new-justice_Blog-Image-284x300In a contract, every word on every page has consequential meaning. Whether a case is litigated in California or Louisiana could depend on a court’s interpretation of words in the contract like can, may, shall, must, and will be; ambiguity can sway a finding drastically. This article looks at an example in which a court’s ruling on the word may determined in which state a suit was litigated, which in turn determined what state’s law governed the dispute.

Plaintiff Arkel International, L.L.C. (“Arkel”) and Defendant Parsons Global Services, Inc. (“Parsons”) reached a dispute over sums due under their contracts. Plaintiff filed a suit in the Middle District of Louisiana. In response, citing improper venue, defendant filed a Motion to Dismiss or requested, in the alternative, that the suit be transferred to California. The Middle District of Louisiana, the defendant argued, is excluded as an authorized and proper venue by the parties’ forum selection clause:

“If, …, the parties have not succeeded in negotiating a resolution of the dispute, either party may institute suit in the Superior Court of the State of California for the County of Los Angeles, or, if mutually agreed to by the parties, the dispute shall be settled by arbitration in Pasadena, California ….” Arkel Int’l, L.L.C. v. Parsons Glob. Servs., Inc., No. CV 07-474-FJP-DLD, 2008 WL 11413369, at *3 (M.D. La. Jan. 8, 2008)

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International_Commercial_Arbitration_Court_at_the_UCCI-300x261In a series of recent arbitration suits brought before them, the Supreme Court has consistently ruled in favor of employers and businesses. While positive for these entities, a large and dark shadow now looms over employees and consumers, whose ability to speak out in the face of wrongdoing has been drastically diminished.

What is an arbitration clause and why do contracts include them?

Disputes happen. They need resolution. The litigation process is often slow, long, unpredictable, and expensive. An average civil litigation proceeding takes 2 to 5 years and hundreds of thousands of dollars in time and resources. While attorneys are digging through piles of evidence, writing briefs, interviewing witnesses, and presenting the case to a judge, neither disputing party can move forward.

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due-process-300x172Two of the most fundamental rights from the U.S. Constitution are the right to due process and the right to be free from false arrest. Anyone who has taken a basic Civics class knows that every person in America has the right to be heard before deprivation of their life, liberty, or property. Contrary to those fundamental principles, NDH Lawyers’ most recent case is one where those two rights were stripped from a student at Virginia Tech University. His name is Yunsong “Bellamy” Zhao. Bellamy was arrested unlawfully by the Virginia Tech police and then expelled from the university without an opportunity for due process.

Bellamy is arrested based on false evidence, according to the Complaint

Bellamy came to the U.S. from China on a student visa to study at Virginia Tech in 2017. He was 19 when he arrived and started college. He spent his 20th birthday in jail. Always having a fascination with America, he taught himself English by watching movies. He became interested in American law enforcement and gun culture. Once he moved to Virginia, he bought a used police car from a dealership in Roanoke; he thought it was cool to cruise in his blue and silver Crown Victoria. He got a good deal on the car too.

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The ‘hole,’ ‘lockdown,’ ‘the pound,’ ‘the SHU,’ ‘admin seg,’ ‘ISO’–no matter the name, these words, in the prison context, represent modern-day torture. In prison, solitary confinement is one of the harshest punishments imposed on inmates. Usually, those in solitary spend 23 hours per day alone in their cell. Their opportunities for recreation are limited. Visitation from family and friends is not usually allowed. Many inmates in solitary confinement can’t make phone calls and aren’t allowed any reading materials. Essentially, modern solitary confinement means being trapped inside your own head, with no way to pass the time. For that reason, long periods spent in solitary confinement can cause mental health issues with long term effects. Based on those effects, the international community frowns upon the United States’ widespread use of solitary confinement as punishment in U.S. prisons. In fact, the United Nations Committee Against Torture has condemned the United States’ use of solitary confinement as a form of torture, and experts in the UN suggest that all countries should ban solitary confinement because the mental health effects are too severe to justify using isolation as a means of punishment.

“[T]he [UN] Committee [Against Torture] remains concerned about reports of extensive use of solitary confinement and other forms of isolation in US prisons, jails and other detention centres for purposes of punishment, discipline and protection, as well as for health-related reasons. It also notes the lack of relevant statistical information available. Furthermore, it is concerned about the use of solitary confinement for indefinite periods of time, and its use against juveniles and individuals with mental disabilities. The full isolation for 22-23 hours a day in super-maximum security prisons is unacceptable.”

Research has shown that long periods of isolation can affect mental health. A prominent expert in this area, Professor Stuart Grassain, explains that “incarceration in solitary caused either severe exacerbation or recurrence of preexisting illness, or the appearance of an acute mental illness in individuals who had previously been free of any such illness.” He continues, noting the long term effects of solitary confinement that last for years after the period of isolation; these symptoms can include “persistent symptoms of post-traumatic stress (such as flashbacks, chronic hypervigilance, and a pervasive sense of hopelessness), but also lasting personality changes—especially including a continuing pattern of intolerance of social interaction, leaving the individual socially impoverished and withdrawn, subtly angry and fearful when forced into social interaction.” Thus, periods in solitary confinement can create new symptoms of mental illnesses, even if the prisoner has never had any mental health issues. If the prisoner has previously suffered from a mental illness, solitary confinement will only make that mental illness worse. That is especially dangerous because prisoners are meant to rehabilitate, given the fact that most incarcerated human beings return to society once their sentence is finished. If prison is creating new mental illnesses and making those that already exist worse, how are inmates supposed to–effectively–reintegrate into society? The problem in our country is that, even though long stints in solitary can cause these types of mental health symptoms in prisoners with lasting effects, solitary confinement is not considered as cruel and unusual punishment–so it is not outright prohibited by the Eighth Amendment.

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Dallas LePierre of NDH Lawyers spoke before the State of Connecticut Sentencing Commission, in opposition to a rushed and dangerous bail-reform measure that threatens public safety–all for political expediency. (See the 7:00 minute mark for Mr. LePierre.) Mr. Pierre’s testimony before the Commission comes on the heels of a recent lawsuit filed by attorneys at NDH Lawyers against both the Laura and John Arnold Foundation, and former Governor of New Jersey, Chris Christie. (See Lawsuit.) Christie, according to the lawsuit, sacrificed public safety for political expediency by forcing a bail-reform system that both New Jersey law enforcement officials and citizens called a “resounding nightmare.” Christie’s bail reform program routinely assessed violent sexual offenders, and other demonstrably dangerous people, at a near zero risk to the public.

In fact, and as the Complaint demonstrates, the Attorney General of New Jersey has been forced to continually “fix” glaring loopholes that have caused proven violent criminals–who should have never been assessed at a near zero risk to the public–to be released into communities. One such criminal, with a well-documented history of violence, killed Plaintiff’s son under Christie’s forced bailed reform–although the Laura and John Arnold Foundation share equal blame. According to the Complaint, because the Laura and John Arnold Foundation developed and peddled a risk assessment system that failed to take into account basic, common sense criminal criteria such as past sexual assaults and prior felony gun charges–the foundation shares, at least, equal blame for the death of Plaintiff’s son.

For the above reasons, and so many more, Mr. LePierre spoke before the Commission, trying to stop them from making the same fatal mistake that New Jersey made. No State should take the drastic measure of actually amending their own Constitution–thereby striping their constituents of their Constitutional right to monetary bail– to implement an unfocused, unconstitutional, rushed, and incomplete bail-reform system that has proven to cause unnecessary and unwanted public endangerment. Officials simply should not place political expediency over public safety.

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Hep-C-JPEG-300x169Hepatitis C routinely kills people. The World Health Organization estimates that more than 71 million people are infected with Hep C. Hep C attacks your liver, and that’s why: “approximately 399 000 people die each year from hepatitis C, mostly from cirrhosis [of the liver] and Hepatocellular Carcinoma [liver cancer].”

The seriousness of the disease cannot be underestimated, for example, in 2007: “Hep C patients died at a median age of 57. That’s 20 years shorter than the average US lifespan.”

Based on those facts, and so many more facts which demonstrate the dire consequences of Hepatitis C when left untreated, there is little wonder why the attorneys at NDH Lawyers filed a class action lawsuit on behalf of incarcerated human beings who have Hep C while under the care and custody of the Virginia Department of Corrections.

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Attorneys at NDH Lawyers fight for human and civil rights every where, for all people, and that includes vulnerable people located in White County, Tennessee (population appx. 25,000). There, our civil rights team has filed two class actions and a single law suit, challenging the constitutionality of a Sheriff-driven program that pressured human beings incarcerated in White County jail to trade 30 days of reduced jail time (for misdemeanor sentences) for vasectomies (men) and nexplanon injections (women). See our lawsuits: (1) lawsuit and (2) lawsuit.

Although our investigation has revealed thus far that Sheriff Oddie Shoupe (of White County) drove this modern-day eugenics program, along with at least one more Sheriff in a neighboring County as far back as 2015, Judge Sam Benningfield (of the General Sessions Court in White County, TN) actually filed an Order, memorializing Sheriff Shoupe’s unconstitutional program.

Well, thanks to our efforts–and the efforts of esteemed media outlets who worked with us to spotlight this egregious violation of everyones’ constitutional right to be free from government coercion while making critical decisions about reproductive health–Judge Benningfield has been publicly reprimanded by the Tennessee Board of Judicial Conduct. See the official public reprimand.