Shah Peerally received a J.D. degree from New College of California School of Law. He is president of Shah Peerally Law Group, dedicated to helping immigrants obtain visas and citizenship. LinkedIn

I come from a modest background. I had to work as a kitchen cleaner and car salesman to make ends meet. Despite these odds, I made it through law school and passed the bar exam. My challenge was multiplied because I’m a Muslim immigrant: Many of my immigrant friends jokingly reminded me that I did not fit the profile of the ‘typical’ lawyer. After all, a poor minority student hardly had any future prospects. Overcoming my weaknesses seemed a huge battle.

I had the dream of a great future, but the fear of never achieving it frightened me. The answer came to me one day while reading a book about how to be successful. One chapter caught my attention: “How to Turn Your Weaknesses into Strengths.” What I thought were my weaknesses actually made me the ideal candidate to serve immigrants, Muslims, and other such less fortunate people, like me. I volunteered to do free legal clinics, giving speeches in temples, mosques, and churches. The community loved my activism and my devotion.

Today I am proud to have my own law firm with a great team, an amazing radio show, and a production company that makes socially sensitive films. I can help others while making a very decent living too. Never think of yourself as weak, if you have good education and the right intentions.

The Constitution of the United States is potentially the most important document in American political history. The process of creation for the Constitution was long and fraught with political tension, leading to a foundational document that has been amended several times. Modern-day interpretation of the Constitution is not always easy, often leading to much controversy. Fully understanding the Constitution's development and key components will enable Americans to reflect constructively on their government. Use these resources to learn more about the U.S. Constitution and its impact in today's world.

The Creation of the Constitution

• Constitution of the United States - A History: This resource describes the history of the U.S. Constitution's creation. The article describes the important roles played by key contributors such as Jefferson, Adams and Franklin, and the debate between those with differing opinions as to how the Constitution should be structured. The article also includes information about the Bill of Rights.
• United States Constitution - Primary Documents of American History: This website from the Library of Congress is a collection of primary documents related to the development of the U.S. Constitution. Examining primary resources provides a nuanced context that secondary sources do not always achieve.
• The U.S. Constitution: This resource provides a concise history of the process behind the development of the U.S. Constitution. The article also includes helpful links to related people, themes, events, and topics for the reader to explore.
• James Madison and the Constitution: Look to this website for a great description of how James Madison, one of the most important figures in the development of the U.S. Constitution, made his historical contribution. Understanding the role Madison played in the creation process adds context to constitutional history.
• Economic Interests and the Adoption of the United States Constitution: This fascinating article discusses the economic factors that led to the development of the Constitution as we know it. The author examines key factors such as slavery and other commercial interests that influenced the creation of this foundational document.

Articles and Amendments of the Constitution

• The Articles of the Constitution: The U.S. Constitution consists of Articles outlining the role and processes of government. This resource describes the purpose of each Article within the Constitution.
• Constitutional Amendment Process: This resource explains the steps that must occur in the process to form an Amendment to the U.S. Constitution. The website is a must-read for anyone who seeks a simple guide for understanding this procedure.
• Bill of Rights - U.S. Constitution: This summary page, describes each of the first 10 amendments to the U.S. Constitution, the Bill of Rights. The resource is a useful page for an oft-referenced portion of the Constitution.
• The Constitution of the United States - Amendments 11-27: While most individuals are more familiar with the Bill of Rights, many other amendments have also been made to the U.S. Constitution. This page is a helpful summary of amendments 11-27.
• The Bill of Rights: This article describes the political climate behind the creation of the Bill of Rights and explains the reasoning for different components. As the first 10 amendments to the Constitution, the Bill of Rights, is a crucial piece of American history to understand.

Interpreting the Constitution

• Theories of Constitutional Interpretation: This educational resource outlines the main methods for interpreting the U.S. Constitution. It shows how different theories as to how the Constitution should be interpreted can lead to differing court decisions. The resource also contains a short, but helpful list of related definitions.
• Ideological Chasm over Interpreting Constitution: This article highlights the differences between strict and liberal interpretation of the U.S. Constitution based on demographic group. The web page shows that certain groups are more or less likely to be Constitutional originalists based on age, race, gender, and other factors.
• The Court and Constitutional Interpretation: This resource outlines in particular the role of the Supreme Court in interpreting the U.S. Constitution. Judicial review has become a crucial part of delineating the government's role in modern society.
• Constitutionalism: The process of interpreting the Constitution throughout American history has led to numerous philosophical discussions in order to analyze this process. This resource takes the approach of historical political philosophy to explain different aspects of Constitutionalism.
• Exploring First Amendment Law: This resource looks into the First Amendment as a case study for Constitutional interpretation. Several links to court cases and issue areas highlight the different ways in which the Constitution can be interpreted.

The Constitution in the Media

• Interpreting the Constitution in the Digital Era: This fascinating article discusses the modern-day controversy over Constitutional interpretation as it relates to privacy. Topics discussed include GPS tracking and the limits of information privacy in the world of mass Internet usage.
• Race-Based Admission Returns to the Supreme Court: The controversy surrounding universities' ability to consider race in admissions decisions provides a prime example of differences in Constitutional interpretation. The issue will again come before the Supreme Court in the future.
• If Scalia Had His Way: This opinionated news piece shows that the debate between originalist and non-originalist interpretations of the U.S. Constitution is far from over. Some identify strongly with the author that originalism is outdated and unimportant, while others feel that America should stick strictly to the text that was initially written.
• Proposed Amendment Would Enable States to Repeal Federal Law: This article highlights the controversy over recent changes in American health care policy made under President Barack Obama's governance. The highly controversial health care law has been the subject of discussion around a potential new Constitutional Amendment.
• Obama Ignoring the Constitution: This article highlights how the debate over Constitutional interpretation can turn into highly politicized battles between political leaders. Some feel that President Obama's policies lie in direct opposition with constitutionality, while others see them as perfectly in line.

People who have created material, want to use material created by someone else, or who are simply interested in copyright law need to understand what copyright protection actually means, how it is granted, and what remedies are available for violations.

Copyright

The government created copyright protection because it believed that it was necessary to promote the useful arts and sciences. The thinking was that without protection, those who create material would not have an incentive to create since others may copy it and take away financial compensation. Copyright is a form of protection that U.S. laws grant to "original works of authorship." This includes books, plays, photographs, drawings, songs, building designs, and other types of materials. One notable exception to the Copyright Act is fashion design. This may change soon because fashion designers and influential members of the industry have been testifying on Capitol Hill to persuade Congress to extend copyright protection to fashion designs since 2006.

In summary, under section 106 of the 1976 Copyright Act, a copyright owner has the exclusive rights to reproduce the copyrighted work, distribute copies of it and create derivative works from it. Depending on the nature of the material, the copyright owner may also display it publicly, perform it publicly and transmit it through digital audio.

The copyright owner's exclusive rights to do the above means that it is illegal for any others to do the same without permission from the copyright owner. However, the copyright owner's exclusive rights are subject to certain limitations. One limitation is the Technology, Education, and Copyright Harmonization (TEACH) Act, which was signed into law in 2002. The TEACH Act allows qualified accredited, nonprofit educational institutions (and some government entities) to electronically distribute copyrighted materials for distance education. In exchange for the right, the academic institution must meet several requirements, which include limiting the use to a specific number of students in a specific class and using the material only for mediated instructional activities.

Copyrighting Material

Contrary to popular belief, no actions, such as registration, publication and the posting of a copyright notice, are required for something to be copyrighted. According to the U.S. Copyright Office, copyright is automatic once the material is created and "fixed in a copy or phonorecord for the first time." This means that the first time an author writes a chapter on his or her laptop or an composer writes out his or her melody on a piece of paper, it is copyrighted. Registration is advisable, however, because it is required for the copyright owner to bring an infringement lawsuit. Copyright protection for works created on and after January 1, 1978, lasts for the author's life plus 70 years after his or her death.

Copyright Violations

The 1998 Digital Millennium Copyright Act seeks to balance the rights of copyright owners who works appear on the Internet and the rights of Internet service providers (ISPs). It limits the liability of ISPs for copyright infringement by their users so long as they fulfill certain statutory requirements, which includes taking action when it is notified that its network is supporting infringing material, accommodating "standard technical measures" that copyright owners use to identify and protect their material, and have a policy in place that ends service to repeat offenders.  

Remedies for copyright violations are set out in sections 502 through 506 of the Copyright Law. Someone found to violate a copyright upon the conclusion of an infringement lawsuit may be subject to an injunction, confiscation of the violating material, and payment of damages, profits, court costs, and attorney's fees.

Sources

Stanford University Library/Academic Information Resources (2002)

United States Copyright Office (2011)

The Washington Post (2011)

Harvard University (2012)

Copyright Clearance Center (2005)

Today most people in the U.S. can go to work confident that they will be physically safe at their workplace. They earn a certain amount and understand that their employer is not allowed to pay them less than minimum wage. And if they are injured on the job, they wont be left with no recourse or action they can take.

But it wasn’t always this way in the U.S., of course. Upton Sinclair’s 1906 book The Jungle outraged Americans for its searing account of the meatpacking industry in the U.S., which recounted workers falling into rendering tanks and being turned into lard. We’ve certainly come a long way since then. Here we’ll recount how labor laws came to be in the U.S., and current laws which govern employers and employees.

History of Labor Laws

In the 1950s in the U.S., there was no notion of “employment law” as we see it today. The only real law surrounding employment was the Fair Labor Standards Act of 1938, which created a minimum wage for employees, required overtime pay of one and one-half times the rate of regular pay, and created the 40-hour work week. While this was only one law, it set a standard which continues in the workplace today.

While they did not cover all workers, labor laws regarding unionization were also enacted around this time period. The National Labor Relations Act of 1935 became Federal law and governed the way employers were allowed to interact with unions. Union-busting was made illegal and collective bargaining activities were protected under this law. The NLRA also protected the rights of employees to elect union representatives and to engage in activities to protect or aid other workers.

Outside of unionized sectors in the U.S., labor activities were generally covered by the “at-will” principle up until the 1950’s. This meant that employers could hire and fire employees at will, with morally just or unjust cause, or with no cause at all.

Important Labor Laws

The period from 1950 to today has seen vast changes in the U.S. workplace, including the decline of both the union and the at-will principle. As the workplace has become more diverse and the nature of the workplace has changed, different laws were created to protect workers.

• Minimum Wage & Overtime Pay: This is perhaps the most far-reaching labor law and covers over 180 million workers in the U.S. The current minimum wage rate in the U.S. is $7.25 an hour. U.S. states can also set their own minimum wage rates above or below the federal rate. Wyoming and Georgia currently have the lowest minimum wage rates in the U.S., at $5.15 an hour. Oregon has a high minimum wage, at $8.80, and Washington has the highest in the U.S., at $9 an hour.
• Wage Garnishment: This law sets a limit on the amount of an employee’s wages that may be garnished each week to pay for debts.
• Worker Protections in Agriculture: The Migrant and Seasonal Agricultural Worker Protection Act protects workers in agricultural settings. Employers must present employees with the terms of their employment, provide safe housing, and pay wages owed when they are due.
• Child Labor Protections: This act limits the hours and types of jobs that minors age 14-17 can perform. It is designed to restrict minors from harsh working conditions and to limit the amount they work while they are in school.
• Occupational Safety & Health Act: This law protects workers’ health and safety when they are on the job. It requires employers to alert employees to hazardous materials at their job, and to protect workers from potential harm. OSHA’s federal website has more information.

Sources

Boston College Law Review (2002)

Most people have heard the term "copyright" before. While the assumption is that a piece of work that has been copyrighted cannot be used by anyone else except for the copyright holder, this is not true. The doctrine of fair use sometimes allows for the reproduction of copyrighted work by others, especially students who need to use copyrighted work for educational purposes. 

Copyright Definition

The U.S. Copyright Office defines "copyright" as "a form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations." While "copyright" literally means the right to copy, it has come to represent the exclusive right of the copyright owner to protect his or her works from use by others without prior authorization.

Once granted a copyright, the copyright owner can indicate that his or her work is protected by using a copyright notice on all publicly distributed copies. While use of the copyright notice is no longer legally required for works first published on or after March 1, 1989, it provides notice to all others that the work is copyrighted. The copyright notice consists of three components, which are "the 'C' in a circle (©), the year of first publication, and the name of the owner of copyright."

The fact that new works don't need a copyright notice to be protected means that just because something is freely available on the Internet, without a copyright notice, does not mean that it is always okay to copy it.

Fair Use

The right of a copyright holder to reproduce the work to the exclusion of others is subject to certain limitations. These limitations are found in sections 107 through 118 of title 17 of the Copyright Law of the United States. One of the biggest and most important limitations is the fair use doctrine. Found in section 107 of the copyright law, it states that "the fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." When determining whether use of a copyright work falls within the fair use doctrine, there are four factors to consider:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect the use of the material will have on its potential market or value.

Weighing the Factors

When determining whether it is okay to reproduce a work, students need to weigh the four factors above. Federal judges, when deciding whether a particular use of a copyrighted work falls within the fair use doctrine, balance and use the four factors as guidelines in helping them reach a decision on a case-by-case basis.

The first factor, the purpose and character of the use, was identified in a 1994 Supreme Court case as being the primary indicator to consider when determining fair use. If the copyrighted work has been used to create something new and/or transformative, then a court is more likely to find the use to fall within the fair use doctrine. This includes adding new expression, meaning, or value to the work by creating new insights, understandings, and information. This is in contrast to simply verbatim copying the work. Use of a copyrighted work for educational purposes may qualify as transformative because it adds value to the work and subjects it to commentary and review.

The courts also consider the nature of the copyrighted work. Since the spread of information or facts is deemed to be beneficial to the public, copying from factual works such as biographies, is more likely to fall within the fair use doctrine. This is in contrast, copying from fictional works, such as novels or plays.

It is safer to copy less than it is to copy more, such as quoting a few sentences rather than copying an entire chapter. Besides quantity, the court will consider whether "the portion taken is the 'heart' of the work. In other words, you are more likely to run into problems if you take the most memorable aspect of a work."

The fourth factor, the effect of the use upon the potential market, refers to whether the use deprives the copyright owner of income. The copyrighted work does not need to produce any income for the copyright holder at the time of the use, so long as it negatively affects the copyrighted work's potential market.

Sources

U.S. Copyright Office Definitions. (2012) U.S. Copyright Office.

Copyright Law of the United States. (2012) U.S. Copyright Office.

Stanford University. (2010) Measuring Fair Use: The Four Factors.

What is Fair Use? (2009) Columbia Copyright Advisory Office.

Once you’ve decided on the renovations or repairs you want for your home, it’s important to take simple precautions in the right order to ensure you hire a trustworthy, honest and efficient contractor.

• Gather Referrals
  When hiring a home contractor, it’s best to begin with an “inside-out” approach. Start by asking friends and family members if they can recommend someone they’ve personally hired in the past to work on their home. If you can’t get any referrals from your inner circle, check with the National Association of the Remodeling Industry (NARI) for a list of local contractors.
• Make Contact
  After you’ve rounded up a list of potential contractors, it’s time to make preliminary contact with each one by phone. This brief interview can serve as the first step in the screening process, helping you get a feel for which contractors are most helpful and reliable. Briefly describe the home renovations you have in mind with the contractors and ask them if they have the capacity to take on the project. If so, ask for a list of references from prior clients.
• Schedule an On-site Meeting
  Choose the top three best candidates based on your phone conversations and arrange for them to come to your house for estimates. When the contractor visits you on-site for the quote, this is the time to ask any questions you have and assess the contractor’s overall comfort with the project and communication abilities. If he or she seems to have difficulty understanding your description or seems to have misunderstood what you’re looking for in these initial stages, that’s a bad sign going forward.
• Check with the BBB
  It will usually take the contractor a period of about a week to get back to you with a written quote. In the meantime, check with the Better Business Bureau to see if the contractor has any outstanding disputes with subcontractors or clients.
• Analyze the Quote
  Once you’ve received a quote from the contractor, pay attention to the breakdown of the costs. Typically, 40 percent of the total cost should be devoted to materials, 15-20 percent accounts for the profit margin and the remainder covers overhead costs.
• Check References
  If the quote seems satisfactory and within your budget, it’s time to contact the contractor’s references. Ask the references about the contractor’s quality of work, timeliness, and courtesy. Also feel free to ask the contractor for his or her business license number and insurance carrier at this time.
• Draft Payment Schedule
  Payment schedules typically begin with an upfront payout of 10 percent to the contractor upon signing the agreement. The next 75 percent is usually applied in three installments of 25 percent each, evenly paid out over the course of the project. The final 15 percent is paid out upon your inspection of the project, after you’ve confirmed its completion as specified in the contract.
• Sign Contract
  Once the payment schedule has been worked out to yours and the contractor’s satisfaction, it’s time to put everything in writing. In addition to the payment schedule, the contract should include such details as:
  • The name and address of yourself and the contractor.
  • A list of the products and materials to be used.
  • A detailed diagram or plan.
  • The project’s start and end date.
  • The contractor’s responsibilities (prompt project clean-up, procuring building permits, a statement of warranties, and insurance for property damage and public liability.)
  • A stipulation that the contractor obtains lien releases from his or her suppliers and subcontractors, which protects you in the event that the contractor doesn’t pay them.
The contractor is also required by law to notify you of a three day “grace period” within which time the contract can be cancelled without penalty.

Warning Signs

• The contractor asks for 50 percent of the quote upfront. This could indicate the contractor is in financial trouble or assumes his or her quality of work won’t meet your standard.
• The contractor pressures you into signing the contract, perhaps under the guise of a “special low rate” for signing quickly.
• The contractor doesn’t have any photos available of past work.
• You’re asked to pay in cash.
• The contractor is soliciting sales door-to-door.

The Dangers of a Hiring a Bad Contractor

• The Home Improvement Loan Scam: The home contractor offers to arrange financing to clients who can’t afford renovations through a third-party lender. The contractor begins work on the project while simultaneously pressuring the clients to sign papers for said “home improvement loan,” which are, in reality, for a home equity loan. The contractor receives payment from the lender and as a result, is not obligated to complete the project.
•  Incomplete work renders your home a hazardous site.
•  A contractor who hasn’t obtained lien releases from his or her suppliers leaves them coming after you for payment.

What to Do if you’ve Been Scammed

If you’ve been scammed by a home contractor, the first step is to file a report with your local police. Then, file a report with the Federal Trade Commission (FTC) either online at their website or by phone: 1-877-FTC-HELP.

Sources

CFPB, "Avoiding loan scams after a natural disaster" (2011)

This Old House, "Top 8 Pro Tips on How to Hire a Contractor" (2012)

NARI, "Warning Signs During Interviews"

AMW Safety Center, "How Can I Avoid Contractor Fraud?" (2008)

With kids learning how to use the computer earlier than ever, parents need to know how to protect their children’s privacy online. Children have become a target for marketers, as well as predators. Here is some information regarding maintaining children’s privacy while they are online and what parents can do to help.

What are the Issues Involving Children’s Privacy?

Children are spending more time online unmonitored and they have become an extremely marketed part of the consumer population. Advertisers are now targeting children and gathering their personal information for their own purposes.

When a child visits a commercial site featuring an item they are interested in, they may be faced with the opportunity to fill out a survey, give personal info in exchange for a free gift, register for a free membership or item or join chat rooms that require information.

Once a company learns your child’s name and favorite fictional character, they may target your child by sending emails pretending to be that fictional character. Marketers prey on the fact that some young children struggle to differentiate fiction and reality.

When Should Parents Get Involved?

If your child spends any time online, you may consider monitoring his or her activity. The first thing to do is to discuss your rules about which sites your child is allowed to visit when online. Decide which sites you deem acceptable and which are not, and convey your rules to your child.

Set up your child’s computer in a family room instead of a bedroom. Having the computer out in the open encourages your child to make the right choice about the sites he or she will view. If you have teenagers, the need for personal privacy is a bit more valued. Talk with your teen about what you expect from him or her while online.

Periodically, ask your child to show you the sites that they enjoy and what they like. By being involved and letting your child be open about the good sites, opens the communication for them to easily tell you about sites they may find that bother them.

What Do Websites Need to Collect Information from Children?

For most websites, before they can collect any information regarding your child, they must first obtain parental consent. This means that the website or operator must take measures to ensure that the child’s parent gets a notice of the website’s practices and consents of the practices.

What Can Parents Do to Maintain Their Child’s Privacy?

As a parent, you should read any privacy policy statements associated with the websites that your child visits. Teach your teenaged children to read privacy policies as well. Look through them for what information is obtained and what they do with it.

If your child is younger than 13, you must give consent for websites to collect any personal information. Decide which sites we will authorize to do so and read the terms of service beforehand.

Check the website for the privacy seal. This should be displayed on the home page. In order to display the logo, the site must agree that they will post privacy policies for visitors to see. 

Talk to your child about online safety. Tell him or her never to divulge personal information without consulting you first. Explain that they should never give out a confidential password to anyone and that they should not respond to emails from unknown sources, especially those that appear to be threatening.

Learn about the sites that your child visits. If they are on social networks, make sure you have access to their profile so you can see it when you wish. Monitor their online friends as well.

More and more children are spending time online, and they are becoming a target. Companies and predators are zeroing in on children and trying to get personal information from them. By talking with your child and setting rules, parents can help maintain their child’s online privacy.

Sources

Federal Trade Commission: Bureau of Consumer Protection (2006)

Privacy Rights Clearinghouse (2009)

GetNetWise.org (2008)

Consumer Privacy Guide (2012)

Regardless of your personal, political, or religious ideologies, the fact is, gay and lesbian politics is a topic on everybody’s mind. Recently, the lesbian, gay, bisexual, and transgendered (LGBT) community has come into the spotlight, bringing us to ask ourselves important questions such as: What is marriage? What is a human right? What rights should a gay couple have? The list of issues surrounding LGBT rights grows daily. Consequently, those involved in politics or the law are now at the forefront of new and exciting developments. For with each case, decision, and amendment, the landscape of gay and lesbian politics is formed, thereby impacting the future of millions of Americans.

• Workplace and Employment – Currently, the American Civil Liberties Union (ACLU) is working to eliminate employment discrimination and discrimination in the workplace with the Employment Non-Discrimination Act (ENDA). The act is currently pending federal legislation; however, it would protect against discrimination based on a person’s gender identification or sexual orientation. With this bill, workers would be protected from sexual orientation biased hiring, firing, promotion, or compensation.

• Hate Crimes and Anti-Violence/Harassment – Hate crimes are illegal in the United States. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is a measure that protects people, including the LGBT community, from violent crimes motivated by hate or discrimination. The act was passed by the federal government and shortly signed into law by President Barack Obama in 2009.

• Marriage and Domestic Partnership – Same sex marriage is currently legal in some but not all states in the U.S. Same-sex spousal rights are another important legal issue. As of June 2011, 20 states provided legal recognition for same sex partners and their dependents. These laws do not only pertain to the legality of their union, but whether state-regulated insurance qualify a same sex partner as a spouse, taxation, and more. Right now, California’s stance on gay marriage and spousal rights is in debate. Proposition 8, which bans gay marriage by defining it as a legal union of a man and a woman, was passed in 1996 as the Defense of Marriage Act. However, the law was struck down in 2010 by a judge in San Francisco who called it unconstitutional. Since then, the status of gay marriage in California has been of much discussion. 

• Military – “Don’t Ask Don’t Tell” was a measure that prevented homosexuals in the military from openly identifying themselves as homosexuals. Simultaneously, under this act military officials were prohibited from asking the status of a soldier’s sexuality. However, this policy was officially repealed in September of 2011, allowing gay service members and other LGBT members to serve openly in the armed forces.

• Parenting, Adoption and Family – In 2006, the ACLU released its second edition of “Too High a Price: The Case against Restricting Gay Parenting,” in which it featured studies that support gay parenting and adoption. To date, Florida is the only state that outlaws gay adoption. Aside from Florida, LQBT parents are able to legally adopt; however, there are many roadblocks within the process. International adoption continues to be a challenge to the LGBT, who are fighting for global rights. People within the LGBT can also become foster parents.

• Schools, Youth and Bullying – Lately, there have been a lot of news reporting on teen suicides due to the amount of pressure one faces with coming out of the closet and bullying. In response to these sloughs of incidents, new measures and legislation have come into debate. Until recently, some schools were prohibited from addressing student sexuality and thus, gay issues and bullying. However, in California Seth’s Law was signed into effect into 2011 giving schools the necessary tools to address school bullying.  Other young couples are fighting schools for the right to simply display their relationship openly, like any other couple. In response to these problems, many schools have created LGBT organizations that spread information about gay issues, creating safe zones and identifying LGBT allies. 

In short, the discussion of LGBT equal rights is vastly shaping our social, political and legal arenas. Every day new questions arise, which force us to analyze the definition of equal rights. As evident by the topics above, there are many more battles to be waged and decided regarding LGBT issues. Effectually, gay and lesbian politics is surely an exciting field of law to study and practice. 

Sources

Human Rights Campaign

Gay & Lesbian Advocates & Defenders

LGBTQ Nation

Los Angeles Times

National Center for Lesbian Rights

Environmental law is an ever evolving and exciting field of law. As populations grow, technology advances and scientific understanding of the world in which we live increases, new environmental laws are implemented and existing ones changed. While each law is different, they all share the common goal of protecting the environment and its inhabitants. Here are some of the major environmental laws in the United States: 

Clean Water Act

Enacted in 1948 as the Federal Water Pollution Control Act, reorganized and expanded in 1972, and renamed in 1977, the Clean Water Act (CWA) regulates the amount and type of pollutants that can be discharged into the country's waters. Its goal is to eliminate the practice of releasing high amounts of toxic substances, substances harmful to people and animals, into water. It also establishes a quality standard for surface waters, allowing the public to enjoy recreational activities on water safely. Under the law, it is illegal to dump any pollutant into navigable waters without a permit granted by the Environmental Protection Agency's National Pollutant Discharge Elimination System permit program.

Safe Drinking Water Act

The Safe Drinking Water Act (SDWA) is the federal law that ensures that our drinking water is safe. Under SDWA, the Environmental Protection Agency (EPA) is charged with setting the standards for water quality and overseeing the water suppliers, localities, and states who in turn implement the standards. Originally passed by Congress in 1974, it was amended in 1986 and again in 1996. The sources of drinking water that it covers are reservoirs, springs, lakes, rivers, and ground water wells. Private wells that serve few than 25 individuals are exempt. The act also does not apply to bottled water, which is instead regulated under the Federal Food, Drug, and Cosmetic Act.

Marine Mammal Protection Act

Protecting all marine mammals, the Marine Mammal Protection Act (MMPA) makes illegal the taking of marine mammals, with certain exceptions from U.S. waters and by U.S. citizens when out in high seas. "Taking" is defined as "the act of hunting, killing, capture, and/or harassment of any marine mammal; or, the attempt at such." MMPA also bans the importation of marine mammals and products made from marine mammals into the country. Congress passed the act in recognition that some marine mammals are in danger of becoming extinct because of human actions and that preventive measures must be taken to prevent such an occurrence.

Oil Pollution Act of 1990

Largely in response to the Exxon Valdez oil spill that happened on March 24, 1989, which released 11 million gallons of crude oil into the gulf and caused immeasurable damage to the environment and wildlife, President George H. W. Bush signed the Oil Pollution Act (OPA) in August 1990. OPA specifies that drilling companies must have a plan in place to prevent spills as well as a containment and cleanup plan for spills that do occur. Additionally, the act created the Oil Spill Liability Trust Fund, which provides up to one billion dollars to respond to future spills. OPA also widened and clarified the government's powers and responsibilities in dealing with oil spills.

Food Quality Protection Act

Passed by Congress and signed into law by President Bill Clinton in 1996, the Food Quality Protection Act (FQPA) set a health standard for the use of pesticides used in foods and provided special protections for foods consumed by infants and babies. It amended the Federal Food Drug, and Cosmetic Act and the Federal Insecticide, Fungicide, and Rodenticide Act by standardizing the way in which the EPA manages pesticides. FQPA allowed for a total reassessment of all existing pesticides that were allowed. Besides exposure to pesticides in food and drink, the act protects against exposure from residential pesticide uses and other sources.

Toxic Substances Control Act

The Toxic Substances Control Act (TSCA), passed in 1976, regulates the introduction and use of chemical substances and mixtures. Substances excluded from the TSCA include cosmetics, pesticides, food, and drugs. These substances are covered by other laws. Some of the things required under TSCA include manufacturer notification to the EPA prior to importing or manufacturing new chemicals and the testing of chemicals found risky or concerning. It prohibits the manufacture or importation of chemicals not listed in the TSCA-approved inventory, which currently includes more than 83,000 chemicals, or subject to one of the law's exemptions. New chemicals that are deemed to pose an "unreasonable risk to human health or the environment," may be regulated or outright banned.

Sources

Summary of the Clean Water Act. (2011) Environmental Protection Agency.

Safe Water Drinking Act. (2011) Environmental Protection Agency.

Marine Mammal Protection Act. (2011) NOAA National Marine Fisheries Service.

Oil Pollution Act Overview. (2011) Environmental Protection Agency.

Accomplishments under the Food Quality Protection Act. (2011) Environmental Protection Agency.

Summary of the Toxic Substances Control Act. (2011) Environmental Protection Agency.

Law is often confusing and complicated, not just for members of the general public but also for lawyers and others working in the field. There is a lot of information available on the web for those interested in law and/or needing legal guidance. Here are some sites that are helpful and relevant for major law areas such as family law and employment law:

General Law

• American Judicature Society Pro Se Links: Provides links to sites that pro se litigants, litigants who are representing themselves, can go to for court forms, information on case processes, and other tips on how to represent oneself in court. Links cover state as well as local (county) sites. 
• SelfHelpSupport.org: A site for professionals who provide pro se assistance or direct pro se help programs. Members have access to materials in the site's library, a monthly newsletter, and networking opportunities.
• Legal Services Corporation: Legal Services Corporation is a nonprofit corporation that promotes and provides funding for equal access to legal aid. Low-income persons can receive help in various areas such as family law, housing, and consumer issues.
• Pro Bono Net: Provides resources for those assisting low-income or disadvantaged clients. Pro bono and legal services attorneys will find training and reference materials, news, training calendars, and volunteer opportunities.
• National Center for State Courts: Provides an annual report on future trends in state courts, report on judicial salaries, links to court web sites, a database on court-related topics, and a library collection of judicial administration resources.
• Private International Law: The U.S. Department of State's website that provides information on private international law. Law areas include family law, commercial law, and wills, trusts, and estates.

Family Law

• Section of Family Law: The American Bar Association's resource for family law lawyers. It provides client handbooks, notifications of family law training classes, and family law news. Members of the general public can purchase the client handbooks, which covers everything from how to reach the best child custody deal to how to survive a divorce during middle age.
• Family Law, Legal Information Institute: Cornell University Law School's Legal Information Institute provides definitions of common family law terms and processes, such as "quasi-community property" and "third-party beneficiary." Accompanying each definition are links to expansive material, including illustrative cases, codes, and topic discussions.
• Promoting Responsible Fatherhood: Run by the United States Department of Health & Human Services, the site provides information that helps men be good and responsible fathers, including information on visitation, access, paternity and child support.
• National Conference of State Legislatures - Child Support: The National Conference of State Legislatures is a bipartisan organization that provides research and assistance to the state's legislators and their staff. Its Child Support Homepage provides information on child support and related topics, including custody and visitation and domestic violence.

Constitutional Law

• Constitutional Law, Legal Information Institute: Cornell University Law School's Legal Information Institute provides an overview of constitutional law and resources,
• The International Association of Constitutional Law: Website for the association, which seeks to compare and examine constitutional issues from around the world, develop a network of constitution experts, and provide a forum for discussion.
• Senate Judiciary Committee: Website for the Senate Judiciary Committee, which is charged with considering and examining legislation related to several areas of law, including terrorism, intellectual property rights, and human rights. They must also consider the President's nominees for Supreme Court justices and federal judgeships.
• House Judiciary Committee: Website for the House Judiciary Committee, which is responsible for the administration of justice within federal administrative agencies, law enforcement entities, and the federal courts. The committee also has the power to impeach federal officials.

Environmental Law

• Environmental Law Institute: Advocates for policy solutions and laws that protect the environment and furthers responsible human actions. Visitors are provided with updates on environmental law developments.
• Environmental Law & Justice Clinic: The website for Golden Gate University's Environmental Law & Justice Clinic provides news on environmental law and information on the clinic's activities in environmental law.
• Laws and Executive Orders: The United States Environmental Protection Agency's website that discusses the laws and executive orders issued by the agency.
• Environmental Law & Policy Center: The Environmental Law & Policy Center is the Midwest's leading environmental legal advocacy agency. The site's links to the latest environment news makes it relevant for people even outside of the Midwest.
• The Center for International Environmental Law: The Center for International Environmental Law promotes the use and strengthening of international institutions and law that protect the environment.

Criminal Law and Evidence

• National Institute of Justice: Official website of the National Institute of Justice, an agency of the U.S. Department of Justice, which provides research and tools on promoting justice and reducing crime.
• SEARCH: SEARCH is an organization seeks to improving public safety and justice through advocating for proper criminal law and policy, the sharing of information, and application of new technologies to criminal investigations.
• National Center for Juvenile Justice: The National Center for Juvenile Justice is a private, non-profit organization dedicated to understanding juvenile justice.
• Sourcebook of Criminal Justice Statistics: Funded by a grant from various government agencies, the site provides statistics on crime, victims, public opinion, sentencing, and other criminal justice topics.
• International Centre for Criminal Law Reform and Criminal Justice Policy: Based in Vancouver, the International Centre for Criminal Law Reform and Criminal Justice Policy seeks to reform criminal law in practice and policy. It provides information, advice, and technical assistance to various agencies.
• World Criminal Justice Library Electronic Network: Provides a directory of criminal justice sites, newsletters, blogs, and periodicals, as well as crime statistics and criminal justice reports for countries around the world.

Labor and Employment Law

• Employment Law Guide: The United States Department of Labor's website that provides full information on the nation's employment laws administered by the department.
• Section of Labor and Employment Law: The American Bar Association's website for labor and employment law. The site discusses employment law and issues and the latest news.
• Employment Law - Guide to Labor Law: Provides an overview of employment law and links to relevant sites, including each state's Department of Labor website and employment law organizations.
• elaws: Provided by the United States Department of Labor, elaws provides interactive e-tools for members of the general public about federal employment laws.
• National Employment Law Institute: The National Employment Law Institute is a non-profit organization that provides employment / labor law attorneys and others working in the field with continuing legal education and training. The organization also publishes various employment law publications.

It is difficult to remain completely focused while driving. There are distractions everywhere while driving, such as answering a ringing cell phone, changing the radio station, turning on the heat, or looking for parking. Distraction seems to be a regular part of driving and most drivers maintain proper control of their vehicles even when distracted. However, there is no question that a signifant percentage of car accidents per year involve a driver who is distracted. 

Distractions present in vehicles

There are three types of distractions commonly seen behind the wheel: manual, visual, and cognitive. Cell phones have been a special focus of legislators seeking to combat the accidents and deaths related with distracted driving, as they often involve all three of these types of distraction.

• Talking on the phone while driving involves a manual distraction, or engaging in a physical activity that limits one's ability to drive safely, as the hands are removed from the wheel.
• Visual distractions are present while texting. While texting, your eyes remain on your phone and occasionally look up to make sure that the car in front of you is still moving. Your eyes are repeatedly taken off the road. Texting while driving is akin to choosing to drive with your eyes closed.
• The cognitive distraction of carrying on a conversation on the phone, or thinking of what to write in a text message, removes concentration from the task of driving safely.

Cell phones are not the only sources of distraction in the vehicle. For example, putting on make-up while driving involves all three types of distraction: your eyes are off the road, your hands are off the wheel, and your focus is on trying not to gouge your eye out while putting on mascara. Although distracted driving is different than drowsy driving, the two are related and pose similar risks. In fact, distracted driving is similarly as dangerous as, if not more dangerous, than driving drunk. 

Statistics about crashes involving distracted drivers

• Every day, at least 15 people are killed and more than 1,200 people are injured in distracted-driver related crashes. 
• 18% of distracted-driving fatality accidents result from cell phones. 
• In 2009, distracted driving accounted for the death of 5,474 people, as well as 448,000 distracted-driving related injuries. 
• Distracted driving led up to 20% of car crashes in the U.S. that resulted in an injury in 2009. 

Legislation about cell phone use in vehicles

Most states have made it illegal to talk on a cell phone while driving unless using a Bluetooth or other hands-free device. Texting while driving is almost worse than driving while holding the phone to your ear. 

Each state's laws are different. Some states have outlawed talking on a cell phone while driving without a handheld device outright. For younger drivers, i.e., those with a primary license, even talking with a hands-free device may be illegal. Many states have also outlawed texting while driving altogether (35 states) compared to the nine states that have banned handheld cell phone use while driving. See the first resource below for a more comprehensive treatment of the laws related to distracted driving. 

For more information related to distracted driving facts, statistics, and legislature, check out the following resources:

• State Laws - a website that has every State's distracted driving law laid out clearly and conveniently. 
• CDC.gov - statistics about distracted driving.
• California DMV - a guide page that provides tips for avoiding distracted driving.
• txtresponsibly.com - this is a public interest website devoted to alerting people to the danger of distracted driving.