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July 10th, 2007

All You Wanted To Know About Asbestos Legislation

All You Wanted To Know About Asbestos Legislation
 by: David Hooper

It is necessary for all the Americans to have an understanding of Asbestos legislation. Asbestos legislation refers to the US governments attitude towards the asbestos Victims. Asbestos was widely used in the industry for a considerable amount of time. However, asbestos is harmful contaminant and causes harmful diseases such as asbestosis and a fatal cancer known as mesothelioma. It is important for our government to understand the plight of Asbestos victims, and streamline asbestos legislation for providing due compensation to asbestos victims.

Bail out bill:

In spite of the serious nature of Asbestos health hazards, government is taking it very lightly. The last version of the bail out bill of the Asbestos Legislation has provisions that inadequately compensate asbestos victims. The amount proposed in the proposed legislation is not sufficient to take into account the plight of millions of workers, their dependents, reduced life expectancy, and massive medical bills. The companies that have been using Asbestos, in spite of being aware of its ill effects, should be asked to compensate for the lives and health of hapless asbestos workers.

Over the next 20 years, chances are that every year more than 10,000 Americans will die of Asbestos related disease. More than 2,500 Americans are being diagnosed for mesothelioma each year. In spite of these alarming figures, the federal government has not invested in early detection and cure of these diseases. This Asbestos legislation ignores the vital need of funds required for compensation to asbestos victims and research for asbestos related disease. To add to the woes of asbestos victims, mesothelioma patients as termed as beyond help.

This proposed Asbestos legislation puts the law obeying companies at a disadvantage. According to the proposed bill, the companies responsible for causing asbestos exposure are going Scott free. A public opinion drive is going on wherein all the persons are requested to write to the senators to put some more sense in the forthcoming asbestos bill. This is important because the people who have been wronged should get their due compensation. Moreover, asbestos legislation should contain provisions for stringent measures to curb the use of this harmful contaminant.

July 10th, 2007

A Primer on Domestic Violence Law

Domestic Violence  is described as abuse between family members or related persons. Domestic violence may come in different forms such as actual physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at a place of employment, stalking, and other forms of dominance and control. Domestic violence is distinguished from other kinds of abuse because of the special relationship between the persons involved. Domestic violence cases must be handled differently than cases of civil harassment because of the interpersonal relationships involved.

At least one of the following relationship tests must be met in order for an incident to qualify as a domestic violence case:

1.) the parties are married now or were formerly married to one another

2.) the parties are related by blood, through marriage or adoption

3.) the parties are currently or were formerly living together

4.) the parties have now or used to have a dating or engagement relationship

5.) the parties have a minor child in common

In some areas, there does not have to be actual physical violence between the parties. Emotional abuse or fear of physical harm is already enough to qualify as domestic violence. Whether the domestic violence is a crime depends upon the particular circumstances, as well as the laws of the state in which the act or acts occur. Often domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct. Victims involved in both scenarios can receive award for money damages when the other parties involved are proven guilty.

It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with her abuser, and seek to have the charges dropped, only to have the entire pattern repeated all over again. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being brought about by the abused person, and even without his or her assistance. In these localities, a criminal case may be brought against the person causing the harm without a complaint being made by the victim.

Domestic violence is considered a crime against the community and the “state” should prosecute all harms against the community. Such localities try to “get the word out” that local authorities will not tolerate domestic violence and that offenses will be prosecuted with or without the assistance of the victim.

However, in the event of domestic violence, what can a person do? First and foremost, it is important for the person to get away from the aggressor. He/she should seek the assistance of a friend or a neighbor. In the event of domestic violence, immediate police assistance should be requested. Often, local police officers and sheriffs have received special training with respect to domestic violence and can be extremely helpful to a victim. In addition to local law enforcement personnel, city and state lawyers may be very helpful not only in prosecuting the crime, but also in providing referrals to other local assistance - emergency shelters such as refuge homes, counseling, and legal assistance.

A victim of domestic violence should never try to go through the trauma alone. The usual profile of an abusive person is an aggressive, dominant personality that is both manipulative and controlling. The victim of domestic violence is often very vulnerable and can be persuaded from not obtaining assistance. Outside assistance is often essential in protecting a victim of domestic violence. A victim of domestic violence should never shy away from requesting assistance because of a perceived stigma attached to being a victim of domestic violence. Domestic violence pervades all socio-economic classes. A “rich” person is just as likely to be a victim of domestic violence as a “poor” one. Wherever you came from, or whatever your background is, if you have been abused, get assistance from a domestic violence organization immediately for your own health and safety, as well as the health and safety of those close to you.