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?

Please visit us online at:

www.MichiganAttorney.com

Your Internet Link To All Things Legal

Michigan passes new driver's license bill

Due to the interpretation of an Attorney General's opinion, on January 22, 2008, Michigan became the first state in the union to restrict drivers licenses to legal non-immigrants, including students, executives, research scientists and professional workers. While immigration advocates were quite vocal in their opposition, it was the Michigan Chamber of Commerce that finally had the political muscle to change the law which Governor Granholm is expected to sign shortly. Here is a copy of the final bill.

2007-HEBS-4505 final bill.pdf

NICHOLS & EBERTH, PC ask:

1. Do you think that illegal or undocumented aliens should have drivers licenses?

2. If you do not think so, how do we track those who are in this country?

As always, please visit us at our webpage:

www.MichiganAttorney.com

Your Internet Link To All Things Legal

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

Are sealed records truly sealed?

It is expected that the Michigan Court of Appeals will rule on whether to uphold Judge Colombo's decision to release documents pertaining to the alleged relationship between Mayor Kwame Kilpatrick and his Chief of Staff. While it seems that the public has the right to political transparency, the judicial process survives on settlement agreements to be kept under seal. Thus, we have competing interests in this matter. The entire process of judicial sanctity is called into question when a sealed settlement agreement is leaked. This could potentially reek havoc on the entire ADR field. However, this case was not like any other case. It was a case involving the entire City of Detroit and, unfortunately, the Mayor chose to put his concerns over the concerns of his constituents.

QUESTION: How does one balance the interests of providing the public with full transparency, while, at the same time respecting the confidential nature of settlement agreements? Further, where does private life start and public life begin?

Judge Posner makes the conservative argument for amnesty

About two years ago, immigration was a purely bi-partisan issue. McCain, along with Kennedy, put forward a very comprehensive approach that no one truly liked. It is an axiom of politics that if all sides to a debate disagree with the proposed legislation, it probably strikes the proper balance. The pro-immigration group did not like the work-permit provisions as, they argued, it fosters a permanent subclass of citizens as it has done in France. The anti-immigrant movement, which has been gaining momentum over the past few years did not like it either. The anti-immigration 'movement' seems to be directly related to the economy. As the economy is inching towards a potential recession, the sentiment has only garnered strength.

Unfortunately,there are no simple answers. It is altogether doubtful, if not logistically impossible, to deport all 11 million illegal immigrants. Further, of these so-called illegals, many of them came to the US legally and let their status lapse; a fact that seems lost on many in this country. This is highly relevant as it is demonstrative of the intellectual dishonesty that both sides engage in. Whether we like it or not, our economy is inexplicably linked to illegal immigration. Thus, it is appropriate to cite the position by Judge Posner, one of the most lauded jurists of our generation and widely regarded as the chief authority on economics and the law. Read it here.

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.

Michigan Supreme Court elections

"In November, Michigan Supreme Court Justice Clifford Taylor will be running to retain his seat. Although elections are technically non-partisan, everyone knows that Taylor is a Republican. There has been much speculation as to whom the Michigan Democratic Party will seek to have run against Taylor. So far, the following names have been rumored:

Deborah Thomas

Dennis Archer

Jennifer Granholm

Jim Blanchard



What have you heard?"

Grandparents Permitted Hearing on Visitation

Nichols & Eberth, PC write:

On January 3, 2005, Governor Granholm signed into law a long awaited, and much-debated bill, which now allows grandparents the right to be heard in court should they be denied visitation with their grandchildren. Prior to this new law, grandparents had no "standing" to even bring the issue before a judge much less obtain visitation with their grandchildren. However, the new law only provides grandparents with the right to a hearing on the issue of grandparent visitation. It will still be up to the judge as to whether or not the grandparents will actually get visitation with their grandchildren.

This new law provides the safeguards required by the Michigan Supreme Court protecting parental rights - as guaranteed by the Constitution - while setting in place standards for grandparents who have been denied seeing their grandchildren and gives them an opportunity to come to court and show why they should have a right to see their grandchildren if that request has been unreasonably denied.

Standing

The new law provides grandparents, in the following circumstances, rights to request relief from the courts to see their grandchildren, if they have been denied visitation by a parent:

1. If there is a divorce, separate maintenance, or annulment action pending between the child's parents, or such an action has already been finalized.



2. The grandchild was born out-of-wedlock and the parents are not living together. However, this only applies, to grandparents of the alleged father if he has been declared legally to be the father of the child by a proper court proceeding and the child's father provides child support in accordance with his ability to provide support or care for his child.



3. Legal custody of the child has been given to a person other than the child's parent or the child does not live in the parent's home (other than a child who has been adopted by a person who is not the child's stepparent).



4. A grandparent has taken care of a grandchild during the year before they request visitation, whether or not they have done so by a valid court order.



5. The child's parent, who is a child of the grandparent, is deceased.

If a grandparent falls into any of the above categories and has been denied visitation, they would have a right to bring an action in the court that has heard a prior action, such as a divorce or paternity action. If there has been no prior action filed in the court, then a new action would be brought in the circuit court in the county where the grandchild resides.

Any person, who has legal custody, or an order for parenting time of the child, must be given notice of the grandparent visitation request.

For more information regarding this matter, visit our website at www.MichiganAttorney.com and click on "Grandparent Visitation."

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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