Jack Welch on Immigration

Jack Welch, the former CEO of GE, has some interesting perspectives on immigration from a practical perspective. Key quote:

It’s a managerial one, and any plan that suggests that the US deport illegal workers violates one of management’s cardinal rules: you have to face reality. Forget the notion that illegal immigrants will suddenly heed “the law of the land” and pack their bags.

The problem with the debate on immigration is that it is not a question of black and white at this point. The United States has neither the resources nor the motivation to round up 11 million individuals and deport them. It simply is not going to happen. With that said, what do we do? This is one those areas that there is going to be no "right" answer. However, it seems that most Americans are united in their belief that something should happen.

Nichols & Eberth, PC ask:

1. What would you do with the illegal immigrants currently in this country?

2. Are you in favor or amnesty and/or a path to citizenship for those here illegally?

3. What should happen to employers who hire illegal immigrants?

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Oklahoma Passes the Toughest Immigration Laws

The Oklahoma legislature passed a sweeping new law that many are suggesting is the toughest against illegal immigrants in the nation.

One quote stands out "You don't have to round up 20 million {which is 9 million more than most experts have estimated} aliens," Berman said. "Stop the two free benefits you're giving them-free health care and free education- and they'll go back across the Rio Grande."

It is important for us to correct the misleading elements of this. No illegal immigrant is entitled to any means-based assistance such as Medicaid, Medicare, Welfare or any other service. If people hear otherwise they are incorrect. What happens sometimes is that many non-profit and religious organizations (in particular the Catholic Church) aid illegal immigrants. However, this aid is not from the government, it is purely private. Additionally, with respect to health care specifically, the issue is that no hospital may turn away an individual in an emergency. Regarding education, by enacting such a law are we not punishing the children for the decisions of their parents?

Nichols & Eberth, PC ask the following questions:

1. Do you advocate a policy where a hospital can selectively turn away those in medical crisis? For example, someone calls 911 due to a heart attack. Do think that EMS or a doctor should say "what is your immigration status?" before treating them?
   
2. Do you think that children of illegal immigrants should be eligible to go to school? If you do not think so, what do you propose to do with the young children who are already here?
   
3. Many children of illegal immigrants are, in fact, US Citizens, does your opinion of 2 above change? If so, why?

Please visit us online at:

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A Judge, a DUI and a Purse

As attorneys we tend to be a fairly serious bunch most of the time. Additionally, it is incumbent upon attorneys to demonstrate judicial deference for that is how the entire system has operated for centuries. However, the legal profession also needs to see humor and irony when it stares them at the face.

The New Hampshire Union Leader reports:

A Boston-based federal judge wore a black cocktail dress, fish-net stockings and high heels when police arrested him for drunk driving after he rear-ended a pickup truck last week, sources said.

U.S. Bankruptcy Court Judge Robert Somma, 63, struck a plea deal with the city Wednesday in which he pleaded no contest to a first-offense misdemeanor driving while intoxicated charge in Manchester District Court. In exchange, the judge agreed to pay $600 in fines and penalties and a 12-month license suspension, which can be reduced to six months if he proves he successfully completed a driver education and alcohol awareness course, court records show.

The arresting officer made no mention of the judge's attire in the written report police provided to the media other than to note the judge "had a difficult time locating his license in his purse."{emphasis added}

It is certainly not our place to judge the Judge lest we be judged ourselves.

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www.michiganattorney.com

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Amy Winehouse denied visa- A Case of Changing Values

If you listen to some people's perspectives, one would imagine that 2008 is a society filled with utter debauchery and sleaze. It isn't. Compared with the 1970's this is a time of moral righteousness. For example, the Bad News Bears was rated PG in the 1970s, while today, it would, undoubtedly, be rated R. For a far different example, we only need to turn our attention to Amy Winehouse. For those not following the story, Amy Winehouse was the breakthrough artist of 2007 and, as such, she was invited to the Grammys. Amy Winehouse is also known for more than her music, due to her frequent skirmishes with the law in England and elsewhere in Europe. As such, the United State State Department refused to grant her a visa to come to perform at the Grammys.

Now I explain this to people and they say "well, she knows the rules, so she gets what she deserves" In short, there is little sympathy. I will not take the position on whether she deserves or does not deserve sympathy, but I will suggest that we have changed our position on this matter over the years. I only have to mention three well-known names to prove my point: Paul McCartney, John Lennon and Mick Jagger. All three of whom had multiple drug busts around the world and yet all three were permitted non-immigrant visas to come to the US and perform. By today's standard, nearly every major act of the 1970's and 1980s would not be permitted to work in the United States. In an ironic twist, both Mick Jagger and Keith Richards have expressed that they have little sympathy for her troubles.

If we examine the reciprocal nature of immigration law (that is to say, that the UK and the US have mutual agreements where we allow their citizens to come here without a visa and vice versa), both Paul Simon and Art Garfunkel would be prohibited from playing in London as Paul has admitted to using marijuana recreationally (itself a bar for a visa) and with Art's arrest (with Garfunkel being arrest only a few years ago). Additionally, there is reference to Paul's arrest at a demonstration in Me and Julio Down By the Schoolyard. Anti-government protests can also be used to deny a visa. Somehow I do not think that Simon & Garfunkel are a threat to London's security.

No one questions that the United States, as a sovereign entity, has the absolute right (or in legal parlance, plenary power) to control who comes into the country. The US had an absolute right to deny Ms. Winehouse a visa and I have not heard anyone say anything to the contrary.

NICHOLS & EBERTH, PC poses the following question: is this the best use of our immigration policy? Could this dampen the artistic interdependence between: US, Canada, Australia, UK and Western Europe?

As always, please visit us at our webpage:

www.MichiganAttorney.com

Your Internet Link To All Things Legal

Vice President Cheney, the best VP in history. You Decide

At the CPAC convention this morning, President Bush proclaimed Vice President Cheney to be the best VP in US history.

What are your thoughts?

Britney Spears and Mental Health Law

Britney Spears recent release from the UCLA medical center, where she was receiving treatment for an undisclosed psychiatric disorder, has brought mental illness into the forefront. Apparently, Britney visited her attorney upon discharge to discuss the situation. People oftentimes do not realize the legal component to mental health. In Michigan psychiatric matters are handled by the Probate court and is governed by the Michigan Mental Health Code.

Public Speaking Available

Distributed as a free service to the public

The law firm of Nichols & Eberth, P.C. provides experienced attorneys to speak to groups of all sizes and natures on the topics described below and others. There is no charge for this service. Each presentation lasts about one hour* and includes many handouts and informational brochures. To set up a presentation, please contact our public speaker coordinator, Ms. Kellie A. Strauss, at (313) 561-5700.

DIVORCE

A step by step discussion of the divorce process which includes the issues which typically need to be resolved before a divorce can become "final" such as alimony, child custody, child support, visitation, division of assets and liabilities including pensions and personal protection orders.

WILLS, TRUSTS AND ESTATE PLANNING

Includes a discussion of the advantages and disadvantages of wills, trusts and other testamentary documents. Each person who attends is encouraged and is helped to write his or her own "Living Will" on the spot, which he or she can take with them when they leave.

PROBATE

An explanation of the probate process including the opening of an estate in probate court, the appointment of a personal representative, the duties and responsibilities of a personal representative, the filing of an inventory and annual accounts, and more.

REAL ESTATE

A discussion of Michigan Seller's Disclosure Act, Offers to Purchase, Title Insurance, City Inspections, Certificates of Occupancy, Notes, Mortgages, Land Contracts, Transfer Taxes, Proration of Taxes, Condominiums, Closing Statements and Deeds.

AUTOMOBILE NEGLIGENCE

An explanation of the benefits available to a person injured in an automobile accident and when that person is entitled to sue the driver and the owner of the vehicle, which caused the injury.

BUSINESS INCORPORATION

This presentation includes a discussion of the advantages and disadvantages of sole proprietorships, partnerships, "C" corporations, subchapter "S" corporations and limited liability companies.

BUSINESS IMMIGRATION

This presentation includes a discussion on how best to transfer key employees to the United States and various options available to multi-national corporations. Seminar includes strategic planning as well as advice on I-9 compliance in the workforce.

DIVORCE MEDIATION

An alternative to fighting in Court and a way of obtaining a divorce with dignity. This provides an explanation of how the mediation process is used to reach an amicable resolution of such issues as alimony, child custody visitation, child support and the division of assets and liabilities including pensions.

A DIVORCE ATTORNEY'S ADVICE ON HOW NOT TO GET DIVORCED

This very popular presentation includes many excerpts from movies which are used to demonstrate such concepts as "What Love Is and What Love Is Not" and what the typical needs that males and females have from a relationship. The full presentation takes about two hours.

A review of the law of perjury

With so much recent news and discussion regarding perjury and the Mayor of Detroit, Kwame Kilpatrick, a tutorial on the subject may be appropriate. Under Michigan law, perjury is a felony punishable by up to 15 years in state prison. It applies in any civil or criminal case. To commit perjury, there must be (1) an administration of an oath authorized by law, by competent authority; (2) sworn material statement of fact made; and (3) statements or testimony regarding those facts that are willfully false.

A material statement is one that could have affected the course or outcome of a proceeding although it need not actually affect the outcome.

Perjury is not limited to statements made while sworn under oath at a deposition or trial. Anytime a person falsely swears under oath as to a material issue, even in a document, that person can be subject to prosecution for perjury. A statute may authorize or require that an application or affidavit be signed "under penalty of perjury." If it does, signing such a document, when there are known false statements contained within it, would constitute perjury.

Subornation of perjury is procuring another person to commit the crime of perjury. It is a felony punishable by up to 15 years in state prison.

Example: During a contentious divorce proceeding, Joe Plaintiff decides that he has had enough of his wife Jane Defendant. Joe asks John Witness to testify that he saw Jane having an affair with another man. Joe knows that this is untrue but he and John cook up the story to get back at Jane. At trial, John falsely testifies and commits perjury, and because Joe asked John to testify falsely, Joe has committed subornation of perjury.

Incitement of perjury is procuring a person to commit perjury where no perjury is actually committed. It is attempting to suborn perjury. It is a felony punishable by up to 5 years in state prison.

Obstruction of justice is a common-law crime that uses the same standard as perjury except that the materially false statement need not be made under oath.

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