Obama Proposes Gun Control Plan

President to propose assault weapons ban, tougher background checks

President Barack Obama will propose an assault weapons ban and better background checks for gun buyers on Wednesday as part of a package of proposals to curb gun violence one month after the Newtown school massacre, according to the Chicago Tribune. 

The proposals will include executive and legislative measures, with the latter sure to face an uphill battle in Congress, where appetite for renewing an assault weapons ban is low.

Gun restrictions are a divisive issue in the United States, which constitutionally protects a citizen's right to bear arms.

Obama and Vice President Joe Biden, who led a task force that made recommendations on the issue, will present the measures at a White House event attended by children from around the country who wrote letters to the president about gun violence and school safety.

Obama will urge lawmakers to act quickly, White House spokesman Jay Carney told reporters:

"There are specific legislative actions that he will continue to call on Congress to take, including the assault weapons ban, including a measure to ban high-capacity magazine clips, including an effort to close the very big loopholes in the background check system in our country,"

Biden delivered his recommendations to Obama after a series of meetings with representatives from the weapons and entertainment industries requested by the president after the December 14 school shooting in Newtown, Connecticut, in which 20 children and six adults were killed.

A White House official said Obama had not endorsed all of the ideas put forward by Biden's team but declined to lay out specifics on what would be announced. Obama has signaled his plan would include elements that did not require congressional approval. The president could take action to ban certain gun imports and bolster oversight of dealers.

Though the chances of getting a ban on assault weapons appear low, the White House seems set on getting Obama's support of such a ban solidified in a legislative draft.

What exactly is being proposed?
1. Assault weapons ban
2. Ban on high-capacity magazines capped at 10 bullets
3. Universal background checks
4. Federal funds for national background checks
5. Research on gun violence
6. Better mental health training

What does the NRA have to say about it?
The proposals are likely to draw ire from the National Rifle Association, a powerful lobbying group that is traditionally associated with Republicans. The NRA proposed having armed officials in schools throughout the country and has said the media and violent video games shared blame for the Sandy Hook Elementary School massacre, the second-deadliest school shooting in U.S. history.

What about the public?
New national polls indicated a majority of Americans support some or most gun control measures.

By a 51 to 45 percent margin, Americans questioned in a new Pew Research Center poll said it was more important to control gun ownership than to protect gun rights. And by a 52 to 35 percent margin, a new ABC News/Washington Post survey indicates the public says it is more likely to support some forms of gun control after last month's massacre. However, the polls showed continuing divisions on political and gender lines.

Tips for Conquering the LSAT

A good score on Law School Admission Test, or the LSAT, is viewed by many to be the most important part of getting into a top-tier law school. Rather than testing what you've already learned, it's designed to measure and project your ability to excel in law school.

The test is broken into five separate sections: analytical reasoning, two logical reasoning sections, reading comprehension, and a writing section. The writing section is unscored, but it's provided to each law school to which a given student applies.

Given that the LSAT is considered by many law schools to be the most accurate measure of your ability to perform in law school, it is given a tremendous amount of weight in the application process. Admissions officials feel that solid performance in undergraduate classes might not necessarily correlate to success in law school. So, it's important to invest significant time and energy prior to taking the LSAT. Use these seven tips, brought to us by US News, to get started (I know I will):

1. It's a marathon, not a sprint. Oftentimes aspiring law students will let LSAT preparation slip by the wayside during their busy weeks in school or at work, only to spend hours on the weekends cramming and taking an endless number of practice tests. While practice tests are important, it's best to keep your mind LSAT-ready at all times, practicing a new section each day with the occasional or weekly practice test thrown in the mix, experts say. Andrew Brody, national content director for LSAT programs for the Princeton Review, compares preparing for the LSAT to training for a marathon. He encourages students to keep their minds sharp at all times, but not to overwork them. I'm taking this advice, and am planning on taking the LSATs in June 2013. I thought about February, but realized that would not give me adequate time to prepare myself, which could potentially lead to not getting into the law school of my choice.
2. Help yourself, not your buddy. While there are benefits to studying anything with a friend, the LSAT exposes your personal strengths and weaknesses more clearly than any other standardized test, experts say. Given the analytic nature of most questions, what comes easily to one person may prove to be a challenge for their friend. Studying in a group can be detrimental, given that it might make you prone to review the test in a general fashion rather than focusing on your specific weaknesses. Because the test does not quiz you on content but rather how you use logic and think analytically, cramming with a friend is of little benefit. It's best to learn what gives you the most trouble and drill yourself on those questions alone or with the help of a tutor or LSAT instructor. I agree with US News on this one. I opted for a LSAT tutor, and he said the same thing. My focus is me, not anyone else.
3. Don't just practice. Analyze. Because of the unfamiliar nature of many of the questions you'll encounter on the LSAT, you must practice them regularly to get accustomed to their format. The first time, it is advised to take a test "cold" - without studying. From there, mere practice isn't enough, however, testing experts say. After you work through a timed practice section or timed practice test, don't just tabulate your results and record your score. Instead, look closely at each question you missed and try to discern what led you to the wrong answer. Students who have received high scores on the test note that practice without analysis leads to little improvement. This unfortunately is my least favorite part of studying for the LSATs. When I complete a practice test, I want to be done. Going back and looking over wrong answers can be daunting, but it is true that learning from mistakes can lead to improvement.
4. Save some time to play. Testing experts agree that the test's analytical reasoning, or "logic games" section, is one of the most difficult sections for students to wrap their minds around initially because it's vastly different from anything else they've seen on standardized tests. The four games in the section each pose five to seven questions that require students to understand complex hypothetical relationships between multiple parties or objects. The easiest way to solve these is to diagram the relationships so they can be more easily visualized and understood than what can be garnered from simply reading the text and answering the questions. Luckily for me, I love logic games. But the LSAT ones are a whole different ballgame. I bought a LSAT logic games practice book, and try to work through them one at a time.

Other self-made tips that I've found to help, which others have seem to found as well according to my google searches of LSAT tips, have been to study in chunks (one section at a time), take timed practice tests (several if not infinite), and to be on top of the studying schedule. I have created my own study schedule, with an official practice LSAT test scheduled for March. Unlike several college students prepping for the LSAT, I am out of college and working full time, which makes studying difficult. February would be to soon, but would you believe it, Monday, June 10th can't come soon enough! 

So, when should you take the LSAT? Check out this Above the Law article for more help.

What Happened With The Fiscal Cliff?

Originally posted on ModernFAQs.

The fiscal cliff has been averted -- at least for the time being -- after a year of worrying, debating, and discussing. Congress and President Obama decided to raise taxes a bit, delay the scheduled budget cuts that promised to crush the economy, and create a plan that will delay (for now) a total economic meltdown.

The “fiscal cliff” is the term used to describe the situation our government faced at the end of 2012, when the terms of the Budget Control Act of 2011 were scheduled to go into effect (December 31 at midnight). In the beginning of the 2013, about $500 billion in tax increases and $200 billion in spending cuts were scheduled to take effect. Now that the House has passed a Senate deal to avert the fiscal cliff, it will become law when President Obama signs it.

According to CNN, there are five things to know about the complex bill, and what it does and doesn't do:

1. No side won: Republicans accepted higher taxes for the wealthiest Americans. Democrats accepted a higher threshold for how much income will face a higher tax rate. President Obama broke a vow to raise tax rates on annual household income over $250,000 and individual income over $200,000.

2. We may have a new definition of the 'wealthiest': President Obama made raising tax rates on the top 2% of earners in America a centerpiece of his re-election campaign. The 2% figure includes those with income over $250,000. The compromise bill changes that figure. Tax rates will go up only for individuals with income over $400,000 and families earning more than $450,000. The deal does, however, cap some deductions for individuals making $250,000 and for married couples making $300,000. That allows the president bragging rights to say the deal raises taxes on people at those income levels. But he said just weeks ago that capping deductions at the $250,000 level would not be enough and that tax rates would rise.

3. Three more fiscal cliffs are on the way: The deal delays the sequester, a series of automatic cuts in federal spending, for two months. In the meantime, the Senate plan calls for $12 billion in new revenue and another $12 billion in spending cuts. The spending cuts are to be split between defense and nondefense spending. The other two: the debt ceiling and a continuing budget resolution.

4. The majority of House Republicans opposed it: Although House Speaker John Boehner supported the bill, the No. 2 Republican in the chamber, Majority Leader Eric Cantor, opposed it, as did most Republicans in the House. So while the Senate vote was an overwhelming 89 to 8, the House vote was 257 to 167. The vast majority of House Democrats supported the bill.

5. Your paycheck is still likely to shrink: The deal does not address an increase in payroll taxes. No legislation to address the fiscal cliff is expected to. Now, the cut on those taxes has expired. In monetary terms, those earning $30,000 a year will take home $50 less per month, and those earning $113,700 will lose $189.50 a month.

Top 2012 News Stories, in Brief

In 2012, the United States faced many newsworthy events - both of tragedy and joy. Below, are the top ten news stories that stick out in most minds:

1. Obama re-elected. President Obama won the re-election for his second term this year for US President, beating Governor Romney 332 to 206 electoral votes. This election relied more heavily on swing states than ever before, and with most of them choosing Obama, the win went to him. This election showed the polarization of the parties that has occurred in our country.

2. Marijuana legalized. This year, not one, but two states voted to legalize recreational use of Marijuana in the 2012 Presidential Election. Eighteen states and Washington D.C. have already voted to legalize medical marijuana, but Colorado and Washington passed a law to end its prohibition. The laws are similar and different in many ways, the the main similarities being that marijuana is only permitted only for adults over 21 in small amounts.

3. Gun control re-looked. As President Obama as stated, December 14 was the worst day of his life. The President has since pledged to support legislation that would attempt to curb mass shootings, similar to the one at Sandy Hook Elementary in Newtown, CT, that took the lives of 20 children and six adults. Vice President Biden has been put in charge of the task to come up with proposals for gun control.

4. Keystone XL advances. In January, Obama rejected the proposal to build the Keystone XL pipeline on federal land. In March, a GOP-led bill sought to speed up the construction, but that to was rejected. However, in December, an appeals court in Texas ruled that TransCanada Corporation, the company behind the Keystone XL pipeline, could use eminent domain to seize land for the construction of the pipeline. Via eminent domain, TransCanada has been able to etch out the pipeline’s path, settling with private landowners and their condemnation lawyer specialists along the way. Obama, however, has yet to state his decision on whether or not the pipeline can connect to Canada, going over country borders, to bring oil from Alberta to the Gulf region.

5. Hurricane Sandy hits. Hurricane Sandy landed in the US in late October 2012, and was the largest Atlantic hurricane in diameter on record. For the Mid Atlantic and Northeast US, the damages caused by Sandy reached over $20 billion - making this hurricane the more expensive hurricane in history. Out of the storm, came Mayor Bloomberg's endorsement of Obama, and NJ Governor Chris Christie showed his true colors when he put aside the election to focus on his NJ citizens - making him both a 2016 possibility and an object of criticism within his own GOP party. Hurricane Sandy put climate change in the forefront of politics, as many scientists believe that climate change helped the storm become what it was. In his re-election speech, Obama listed climate change as one of his top priorities.

6. General Petraeus Resigns. David Petraeus, Former CIA Director General, stepped down from his position on November 9, following the release of information that revealed that he was involved in an affair with his biographer, Paula Broadwell. Petraeus confirmed the affair publicly before resigning.

7. Eminent domain in VA altered. In another outcome of the 2012 elections, VA voters agreed to limit eminent domain and give property owners more rights. The new law makes it so that the state will have to pay more for what they claim are appropriate eminent domain uses and force them to hire an eminent domain lawyer to review the possible outcomes of any proposal.

8. The Benghazi attack. On September 11, unidentified assailants led an attack on the US embassy in Benghazi, killing the US Ambassador to Libya, J. Christopher Stevens and three other Americans. The attack was deemed a terrorist act by The White House. US Secretary of State Hillary Clinton stated that her office was responsible for security at the consulate in the Benghazi - which could very well impact the 2016 presidential race if Clinton decides to run.

9. ObamaCare signed in. On June 28, the US Supreme Court ruled Obama’s signature legislation, the Affordable Care Act (more commonly known as ObamaCare) was constitutional - a major victory for Democrats. The act is set to go into effect by the end of 2013, despite several GOP oppositions.

10. The Fiscal Cliff. The “Fiscal cliff” is the term used to describe the situation the US government faced at the end of 2012, when the terms of the Budget Control Act of 2011 are scheduled to go into effect (December 31 at midnight, to be exact). In the beginning of the 2013, about $500 billion in tax increases and $200 billion in spending cuts are scheduled to take effect. How to stop it, and its profound effect on the struggling economy, has been the subject of negotiations between both parties. The political and financial issues coming out of the Fiscal Cliff will be felt far into 2013.

As 2012 comes to an end, one can only wonder what 2013 holds in store for our country. Although their effect 2013 is yet to be seen, as President Obama starts his second four year term, and several laws and acts go into effect, these top stories and events will no doubt affect the economy and political situation of the US.

Merry Belated Christmas and Happy New Year!

I have been so busy this holiday season visiting friends and family that I totally forgot to tell my readers Happy Holidays!! Well, here it is! Season's greetings everyone.

What a year it has been! As with most years, it's had it's triumphs and tragedies. The new year is just around the corner and most everyone is ready for it, especially me. This year I plan on taking the LSATs and starting the application process for law school!! Don't worry, I will keep you all updated on my progress!

I look forward to keeping my readers informed in law, politics, and government in the coming year. I hope everyone had a have a safe and happy holiday and I wish you all a wonderful New Year!

P.S. How funny is this law book Christmas tree - courtesy of Phoenix Law ? This is what the next few months will look like for me!!

Obama Pushes for Stricter Gun Control

According to ABC news, President Barack Obama addressed curbing gun violence Wednesday, as more victims of the Newtown school shooting are laid to rest.

President Obama did not make any major policy announcements during this address, but he did announce the creation of a new inter-agency task force on gun policy. It will be headed up by Vice President Joe Biden and will tackle what has now turned into a major gun control debate in the wake of the tragedy in Connecticut.

The president asked the new team to offer "concrete proposals" to reduce gun violence no later than January. He said after he receives recommendations from Biden's group, he will push legislation "without delay." The president is urging Congress to hold votes on the bill. The team will include members of Obama's administration and outside groups.

"The fact that this problem is complex can no longer be an excuse for doing nothing," Mr. Obama said. "The fact that we can't prevent every act of violence doesn't mean we can't steadily reduce the violence."

Here is a summary of President Obama’s speech on gun control from 24/7 Wallstreet:

"More Americans have died from gun violence since the massacre last Friday… Challenging old assumptions and this needs to lead to action… There is no law that can protect against all violence… Medical care efforts need to be pursued… The fact that the issue is complex cannot be an excuse… Obama asked VP Biden to come up with a set of concrete proposals no later than January… Not a study that is a report in 6 months… Biden wrote the 1994 crime bill that included an assault weapons ban… there is a growing consensus to build from to support banning sales of assault rifles and high-capacity ammo clips and background checks… the ATF is also bein encouraged to participate… the Second Amendment protects the right to bear arms… the vast majority of gun ownership is responsible, but the vast majority is likely to support law-breakers from buying a weapon of war and for people to get military-style weapons so easily… I will use all the power of this office to help prevent tragedies of this sort even if not all can be prevented… This effort requires the help of the American people… need to stand up and say “enough!” on behalf of our kids…"

For the first time since the tragedy, the National Rifle Association is responding to calls for more gun control. The organization says it will offer meaningful contributions to make sure something like this never happens again. The group will be holding a news conference on Friday.

Woman Get's Worker's Comp for Injuries During Sex. No, She's Not a Prostitute.

An Australian court has ruled that a female bureaucrat who was injured while having sex on a business trip is eligible for workers' compensation benefits. According to personal injury Longview Texas specialists, workers compensation for sex related injuries is a quite uncommon claim.

In 2007, the woman - unidentified in the press except for the fact that she was in her late 30s - was hospitalized after being injured during sex with a male friend while staying in a motel in Nowra, a town 100 miles south of her hometown of Sydney, for a business trip.

While having sex, a glass light fitting was torn from its mount above the bed and landed directly on her face, injuring her nose and mouth. She later suffered depression and was unable to continue working for the government. She claimed facial and psychological personal injuries for workers compensation.

Her claim for workers' compensation for her physical and psychological injuries was initially approved by the government insurance company Comcare, but then was rejected after further investigation. Pain management Tyler Texas specialists agree that suffering pain and physical damage to the face can affect ones emotional and psychological well-being.

An administrative tribunal agreed with Comcare that her injuries were not suffered in the course of her employment, saying the government had not induced or encouraged the woman's sexual conduct. The tribunal also found the sex was "not an ordinary incident of an overnight stay" such as showering, sleeping and eating.

However, that was their opinion. That ruling was then overturned in the Federal Court this year, when Judge John Nicholas rejected the tribunal's findings that the sex had to be condoned by the government if she were to qualify for compensation.

Nicholas wrote in his judgment in favor of the woman receiving compensation.

"If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity," 

In the Full Bench decision upholding Nicholas' decision, Judges Patrick Keane, Robert Buchanan and Mordy Bromberg also agreed that the government's views on the woman having sex in her motel room were irrelevant.

"No approval, express or implied, of the respondent's conduct was required,"

Comcare is considering an appeal to the High Court, Australia's highest legal authority.  Comcare spokesman Russ Street released a statement.

"The issue is a significant one...Workers need to be clear about their entitlements and employers should have an understanding of their responsibilities and how to support their staff."

It is not yet known how much compensation the woman will be paid.