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LAW AND SOCIETY

 ​In this section we write about law as a social institution and as a feature of
​
​popular culture.  We explore how law affects our lives and those around us.

Hope in the land of the Hopeless

12/31/2022

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The Path to Citizenship

2/19/2021

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After four years of heavy restrictions being set into place and enforced by the Trump administration, Biden has already begun pushing a Bill to help undo some of the damage that has caused. This will help America to restore its reputation as a welcoming haven for all.

1986 Immigration Reform and Control Act
Ronald Reagan’s administration was being plagued with issues surrounding immigration, so he offered a broad-sweeping 1986 Immigration Reform and Control Act (IRCA). This focused on addressing illegal immigration by increasing border control, imposing penalties to employers for hiring unregistered immigrants, and to offer a clean-slate path to citizenship for qualified immigrants. IRCA legalized more than three million immigrants over the next several years.

The Economy Thrived

The legalization of many workers led to an increase in average pay and a pathway to becoming promotable. In 1990, 27% of IRCA immigrants between ages 16-24 and 26% between ages 25-34 were living below the federal poverty line, which was reduced to 15% and 14%, respectively. The higher earnings of legalized workers led to more tax revenue, consumer buying power, and jobs.

2021 Immigration Reform

There are approximately 11 million undocumented immigrants currently living in the United States. Many of the same concerns exist that were around during the Reagan era, including the impact on the economy, job loss, and crime. Opponents are using the idea that the Bill is to “open the borders” without regard to that not being a part of it at all. Also being used is the idea that foreign criminals will be granted a pardon to stay in America. Since there are nearly four times the number of individuals involved in this round, these facts are important.

The US Citizenship Act

The US Citizenship Act serves to create a path to citizenship. Not just anyone who
applies is automatically given citizenship. Dreamers, TPS holders, and immigrant farm workers would be eligible for green cards immediately. Other undocumented immigrants could apply for temporary legal status right away. After five years, they could apply for green cards. Green card holders could apply to become US citizens after three years. They'd have to pass additional background checks and demonstrate knowledge of English and US civics.  This also helps keep families together, which reduces the strain on the system created by housing separated children. Religious discrimination is now prohibited and systems are being better funded to help with the integration of new citizens.

Something for Students

The Bill clears employment visa backlogs, reduces wait times, and eliminates per-country caps. This will make it easier for graduates of United States universities with advanced STEM degrees to stay in the United States. 

Border Controls in place

Contrary to what many believe about the borders being opened, existing border resources will be supplemented with technology and infrastructure. There is also funding for training to establish monitoring of border communities.

Criminal Organizations Beware

This Bill enhances the ability to prosecute those engaging in smuggling or trafficking
networks, even requiring the FBI, DEA, and DHS to improve and expand anti-gang forces in Central America.  As was learned from the 1986 IRCA, legal citizens earn more and, thus, pay more in taxes. Their spending power goes up, which leads to an improved local economy which also sees an increase in tax revenue from sales. 
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Inclusivity
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One of the benefits that don’t get attention - inclusivity. The 11 million humans in the United States who are living in fear of being arrested and their families torn apart simply because they were not born here. They are hard-working, law-abiding, productive members of our society, and deserve the dignity that comes with being an American. 



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THE LIVING TRUST: Why We Delay Estate Plan?

12/29/2020

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Estate planning is one of the few legal actions that involves everyone, at some point in their lives. Not everyone will be in a life-altering auto accident, arrested, or even married and divorced, but almost everyone will wind up passing their legacy on to the next. Despite this, approximately 60% of people pass away with no form of planning - living trust, power of attorney, a will - nothing. This can cause chaos in even the most amicable families, making an already difficult time worse. ​
Facing the Future
It is perfectly normal to not wish to think about your own end. Unfortunately, death can not be ignored until it goes away. Discomfort makes it easy to procrastinate. It can be easier to dismiss the concept when you are in good health, or do not have an estate so large that you believe people may fight over it. Having an estate plan isn’t just for your benefit. It can help instruct the people who will be remaining after you are unable to express your wishes.
Estate Planning - More Than “Who Gets What?”
When people think of planning for this part of life, they often think of just the will. The focus of many media is the will of the deceased, as it declares which member of the family gets what items. But there is so much more to an estate plan than just who is going to get what part of the property.
What’s in Will?
The Will is the document that details the last will and testament of the deceased. It covers who will be receiving what portion of what is left behind. Though commonly immediate family, there are people who may wish to leave estate to a non-relative. Most common law decides that immediate family is the proper heir, meaning that non-relatives would not be entitled to any of the estate unless otherwise specified in a Will. Wills can also include care instructions for the body, such as burial versus cremation.
Power of Attorney
A Power of Attorney can grant another person the authority to make select decisions on your behalf in your absence. They are often specific in nature, such as a financial power of attorney or health care power of attorney. With an estate plan, you can designate who will get to make decisions on your behalf should a situation arise where you are not present to do so. Planning can even go as far as to detail what a preferred decision would be in certain “what if” scenarios.  Note - a Power of Attorney is not a substitute for guardianship should someone be declared incapable of making decisions rather than just temporarily unavailable to make a decision.
The Living Trust
A living trust is an arrangement that can be set up for the purpose of placing your valuables into a trust for protection so that upon your death those items can be easily transferred to an heir. Living trusts are used to bypass probate, making the disbursement much faster and simpler. Since it is not put through probate, the terms are kept private versus made public. It also keeps the courts from making any decisions on behalf of the deceased.  This is a very popular document for Estate Planning.
Uncertainty During the pandemic
2020 has been a difficult year for many. It has rushed the timeline for some to face this matter. Even for those who have not had to deal with this, it puts the awareness there. COVID-19 has disrupted many lives. It has induced depression in many due to feelings of helplessness. While an estate plan can not treat a virus, it can help create feelings of being in control due to the actual taking of control over an uncertainty. 
Don’t let the state decide what happens to your property and family. Speak with someone about how to protect your loved ones, now.
 
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Jesus the Immigrant: Following Christ's Immigration Beyond the Nativity

12/19/2020

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The biblical  refugee family didn't speak a word of English as they crossed the border. Perhaps the hot sun beat down on their brown skin as they traveled. Maybe they had to stop for water with the rest of their caravan. The unwed pregnant woman, wearing a head covering similar to a hijab, rode on the donkey. Her betrothed, who was not her baby's father, walked alongside her. 
 The Christmas Immigration Story 
A lot of factors influence how we think and talk about other people. Maybe if these dark-skinned, foreign-language-speaking immigrants had crossed the border from Mexico into the US in 2020, we might have talked about them differently. Americans might have shrugged as President Trump called them names like "criminals" and "rapists." We might have grumbled about these immigrants taking our jobs if the man had dared to mention his carpentry business. 

When the young woman gave birth in a crowded room behind a chain-link fence, evangelical Christians might have added a caveat to their sympathy: "I feel bad for her, but they should have come here legally." And when an ICE agent ripped baby Jesus out of his mother's arms, many of us might have turned the other way. 
But this immigration story is different. This family of immigrants didn't cross the border between Mexico and the United States, and they didn't make their journey in 2020. So instead of telling them to go back to where they came from, we put up Nativity scenes every December in their honor. 
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Was Jesus an Illegal Immigrant? 
"Wait a minute!" savvy Bible readers might say at this point. "That's not an immigration story! Joseph and Mary went to Bethlehem because they were required to do it! And they were going back to Joseph's hometown! They weren't illegal immigrants!" 
That's true, but what a lot of people don't remember is what happened afterward. The Holy Family's travels weren't over just yet. Sometime after Jesus's birth, a group of Zoroastrian priests brought Jesus lavish gifts and warned his parents about a murderous ruler. To protect their child, Mary and Joseph packed up their things and crossed another border -- into Egypt this time, which was about 40 miles away from their home. 

So, did that border crossing make Jesus an illegal immigrant? The answer is still no. Egypt, like Nazareth, was still under Roman rule at the time, and even if it wasn't, crossing borders worked differently in those days. There certainly weren't any ICE agents ready to pull children away from their mothers, at the very least. 
No, Jesus and his family weren't illegal immigrants, and neither are the asylum-seekers of today. Seeking asylum as a refugee is completely legal, and asylum-seekers are not required to announce their presence in advance. After all, if you're fleeing civil war, religious persecution, or like Jesus's family, a murderous ruler, you don't always have the time or the means to call ahead for reservations; You just want to get your child out safely. 
What Does Jesus Look Like in 2020? Then again, what if the borders of Jesus's time looked like borders in 2020, with "big, beautiful walls" and gun-toting border patrol agents? Would they have crossed those borders anyway, even if laws had been rewritten to make that option "illegal?" They may not have had a choice, caught between a murderous ruler on one side and an ICE agent on the other. 

When your child's life is in the balance, as so many of today's asylum-seekers know, you'll face any barrier if it means keeping them safe, whether or not the story results in a Nativity display. 





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From Illegals to Essential Workers

5/8/2020

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They place produce on America's Tables

Every year, thousands of undocumented immigrants head to the agricultural fields of California to harvest fruits and vegetables that eventually make their way to grocery stores across America. Farmers rely on their presence to keep their produce from rotting in the fields and fill positions that most people don't want. It's hard, backbreaking labor that requires a lot of physical endurance. And now, these undocumented immigrants are considered essential workers and are being given a pass by immigration authorities while the coronavirus rages on.
Once the imminent threat of the virus passes, what will become of these workers? Do they return to their previous status and live under constant threat of deportation? Or should we finally acknowledge their contributions to the food supply and give them citizenship as a thank you? One thing is clear: Those who gave their labor to feed people shouldn't have to go back to a life of playing cat and mouse with immigration. It's time for immigration reform to give these workers a thank you for putting their own health at risk to take care of millions.
Temporary Changes to the H-2A Program Gives Some Relief to Documented Workers
The H-2A program allows employers to hire workers from other countries when they are unable to find U.S. citizens to fill the roles. An employer has a prospective employee fill out labor certification paperwork before they arrive in the U.S., and employ them once they have arrived.

As of April 20, 2020, the Department of Homeland Security and USCIS instituted a temporary rule amending some H-2A requirements. The changes are designed to prevent disruptions in the nation's food supply chain by allowing H-2A applicants with a valid status to start work immediately after submitting a petition. Normally a guest worker is allowed to legally stay in the U.S. for up to three years, but the changes are allowing workers to stay for longer and allowing family members to apply for H-4 status.

The Undocumented are Being Left Out
However, many workers are itinerant and don't have the luxury of establishing a relationship with an employer prior to arriving in the States. These people live in fear of deportation. Many come from Mexico and many of them don't speak English. They're worried about their children who are born in the U.S., and being separated from them. Many fear that they'll be deported back to their homeland if they're caught. Current immigration laws give the undocumented a defense against deportation, but these laws are invoked at the discretion of the government or the immigration judge overseeing the case.

The undocumented workers are now being given letters by their employers that state that they are considered essential workers by the Department of Homeland Security. However, these letters are not visas or green cards and won't protect them if they are detained by Immigration and Customs Enforcement (ICE). As it currently stands, ICE are not trying to catch undocumented workers or performing raids. But as the world returns to normal, so will the raids and capture attempts. In the meantime, the undocumented continue to work in the fields and put themselves at risk of contracting the coronavirus.
Pay them a living wage
Adding insult to injury is the fact that these "essential workers" are paid below the living wage and living in substandard conditions while they work in the fields. Some sleep in garages converted into dormitories, some sleep in trailers, and others live in cramped quarters that aren't designed to house a large population of workers. Disease moves from person to person with ease in these kinds of conditions, and the coronavirus moves easier than most viruses. These living conditions increase the risk of the spread of COVID-19 in a vulnerable population.

It's true that the agricultural industry is making efforts to improve living conditions for their workers, but the efforts are uneven and dependent on the industry and region. The workers tend to accept these conditions as they are frequently an improvement on the living conditions in their home country, but it shouldn't be acceptable just because it's an "improvement" in some people's eyes.

Undocumented workers risk their lives to come to the United States in search of work. They do the work that most Americans turn down and put up with low wages and substandard living conditions on top of it. Their role during this emergency should not go unrewarded, whether it be in the form of green cards, naturalization, or lenience from law enforcement and changes in immigration law.
 



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Why Lawyers Represent Bad People

4/4/2020

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As a lawyer, I often get asked why I represent bad people. The short answer is rather than good or bad, people are both. The choice stems from their needs and whether they have been met suitably. A recent study from Yale university documented this in a psychology study conducted on babies. 
Babies Choose Good Regularly
​According to the BBC, the Yale University study shows babies can tell the difference between good and evil. Babies also choose good over evil. The experimenters had infants watch a puppet show of three colorful puppets. The results of the puppet show experiment showed that children favor good, helper puppets (people).

The puppets played out a simple story - one puppet tried to climb a hill, struggling and falling. One of the other puppets tried to help push the puppet up the hill, the other puppet tried to push the climber back down the hill. After the story played out, psychologists gave the babies the ability to grab for one of the puppets. Consistently, babies reached for the good, helper puppet.

This is important because unlike young people or adults, babies have yet to be influenced by other people. We refer to this as their pre-cultural mind. That means they have not been influenced by other people  or society - yet. They make decisions on pure instinct. Their instincts tend toward good, nice and helping.

Humans Naturally Like Good People.  They watched longer if the climber puppet moved toward the bad puppet and they expressed surprise. Their attention waned more quickly if the climber moved toward the good puppet, but they expressed happiness.

Since good makes them happy, why would a baby group up to do anything bad or evil? How is there evil in the world? Why do individuals ask the members of Lazaro Law Group "Why do you represent bad people?" We do not.  We represent people who made a bad choice.

Situation Influences Choices
While people inherently want to do good and be good, situations get in the way of that. Our first choice for good,  what we prefer, gets influenced by our biology and evolution. We evolved or learned  behaviors that enhance our survival and reproduction chances.

In a stable environment, a human being with proper food, shelter, clothing and other resources will choose good and the nice, helper mentality. In a stressful, resource-poor environment, we choose whatever helps us survive and thrive. Sometimes, that results in bad choices.

So, a homeless person might steal. A person who becomes suddenly poor might act stingy. A sick person might focus only on himself. People change based on their situation. When they were living in a nice house with a normal income and healthy though, they were nice, good people who gave their time and some resources to others. Put into a situation where their needs were not met, they resorted to what they had to do to survive and try to return to their own normal way of life.

Part of It Is Our Biology

Biologically, most of us have a substance called oxytocin in our bodies. It is there naturally. Some people have too little and some have too much. Those people make up a tiny part of the population, but they are the ones we think of when we think of evil or very good. Five percent of the population has too little oxytocin, making them pathologically selfish. Another small percent have too much oxytocin and exhibit the most giving natures. Think of Bernie Madoff as an example of those with too little oxytocin and Mother Teresa with an overabundance of it, which resulted in her extreme virtue.

Part of It Is Our Situation
The rest of us are normal. Our bodies make a regular amount of oxytoxcin. We vacillate between good and evil. Our situation, also called our environmental factors, influence our body to create and release oxytocin and another common body substance, testosterone. Those with high testosterone and low oxytocin tend to be less helpful people.

The Bible Agrees: We Begin Good
Science is not the only field that discusses our inherent or natural good. The Bible backs up our natural tendency toward good. Genesis 1:31 reads, "And God saw everything that he had made, and behold, it was very good.” While God made us good, our situations influence whether or not our good shows.

Our Client Eddie
Take for example, Eddie, a former client of Lazaro Law Firm. Eddie came to the US as a little boy of six years. His alcoholic father beat his mother in front of him. His mother worked two and three jobs at a time to take care of the family. She had little time for her three children. As a young man, Eddie kept company with a bad crowd, became an alcoholic and experimented with drugs. He abused his significant other and shoplifted. Arrested for possession of marijuana, at aged 22, he spent time in prison. The US government deported him when he reached the age of 33. He was returned to the Philippines. His mother wept at his deportation hearing, stating he’d never been a bad person and was a good child.

While not evil, Eddie made poor choices. One could argue these choices stemmed from his environment during his upbringing. At Lazaro Law Group, we believe and embrace the idea that the foundation of adult morality is basic instinct to do good. We believe that each client’s situational influences have a lot to do with their choices. We see the daily struggle for good and evil. We also recognize the potential for redemption, rehabilitation and ultimately, the hope for greatness.

Redemption
None of us is all good or all evil. Each makes mistakes. We all deserve the second chance,  the opportunity for redemption. When people ask "Why do you represent bad people?" I explain that we don’t. We practice crime law and we represent people who made a bad choice. They each deserve their shot at redemption.
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Photo Credit: 
Kartabya Aryal
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Education is Power - And Freedom

9/11/2019

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"Education is inoculation against disruption-" Robin Sharma.   
This quote has always resounded with me and it came to mind once again on my recent visit to the Philippines in August 1019.  When prospective immigrants are having issues getting their visa, I often get called in to rectify the situation before the US Consul. For this reason, I have become quite familiar with the US Embassy in Manila.  Waiting time at the Embassy is notorious for being long, so I had plenty of time to kill. I found myself initiating a conversation with a Philippine historian who happened to be waiting on his own visa. Naturally, the conversation turned to education.

Education is Paramount


When it comes to immigration, natives of the Philippines are among the most educated of immigrants. This is because families place a higher value on education than almost any other trait. Parents will work themselves to death in order to see their children are educated. Filipino immigrants are often the most proficient English-speaking immigrants to enter the country. In many cases, Filipino parents have no money to leave their children, but if they have been able to give their children a good education, they feel the inheritance they have provided is priceless. This emphasis on education comes about because it wasn't always possible for the general population to get an education and many suffered because of this.


Education and Power


Throughout history, we are reminded of how important those who held the power felt education was. When Spain invaded the Philippines in 1521, the Spanish influence in the Filipino culture went deep and wide.  Many records of customs, manners, traditions of the Filipino race prior to the Spanish discovery were wiped out by Spanish Conquistadors. My new friend, the Filipino Historian, who taught at the University of the Philippines shared that as Spain indoctrinated Filipinos with Catholicism, Spanish leaders also opposed the education of the Filipinos.  The education system was controlled by the Church.   The Spanish Friars and missionaries feared that if Filipinos were educated, the progress of the holy mission of the Church would be obstructed and possibly curtailed, and the people would refuse to convert to Catholicism. Another friend reminded me that the Catholic Church spent centuries killing anyone who tried to translate the Bible from Latin.  Ordinary people who don't understand Latin could only learn from the priest about the bible.  The priests held that power.


History is full of examples of this suppression of education by those in power. Slaves in the United States were forbidden to learn to read and death, or at least a staunch beating, was the punishment for any who were caught trying. Diving even further into this idea, if one looks at world history, many dictators such as Hitler, Saddam Hussein, Kim Jong-il,  and Fidel Castro, all used propaganda to sustain their rule and used censorship to control the flow of information thus blocking the knowledge from the masses. The common equation here is in order to protect an institution, a system, a government, you make sure that people remain ignorant. One prominent Filipino educator said it well,

"The most effective means of subjugating a people is to capture their minds" (Professor Renato Constantino).

To Be Free, We Must Be Educated


​Dr. Martin Luther King Jr. once said that "To save man from the morass of propaganda, in my opinion, is one of the chief aims of education."  

It seems to be a cliché that the value of education is priceless but nonetheless its importance can never be under emphasized.  Ignorance is not bliss.  In order to live free, one must be educated because the alternative could be life in solitary confinement.  The value of learning and educating yourself remains paramount if one is to be content in life. It was true then and it is absolutely true today. Seeking knowledge, training our minds to be critical, refining our insights, and continued learning are keys to a meaningful life. It is only through education that we can ever hope to rise above the suppression of the past.
 
 
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The Spirituality of Lawyering

5/26/2019

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Just this week I got a call from woman who’s dad just died from a car accident, a client’s house was foreclosed, a man with no legal status was caught by immigration agents and sent to prison, and yet another arrested for embezzlement and his mother sobbing in my office.  These are brand new cases – just in.  In my docket, there are dozens of clients who the government is trying to deport, and several who just filed for bankruptcy.  These are people with very heavy personal problems coming to the office and pouring their hearts out.  These are men and women in pain and mentally and emotionally beaten.  My job as a lawyer is to listen, absorb, and take on their problems if needed.

When I take on a case, I take on that person’s overbearing depression and mental anxiety.   I shoulder whatever burden he is carrying and I make it my own.  I fight his fight.  And oftentimes I feel his pain.  Not much has been written about the emotional and mental part of lawyering.  Lawyers are supposed to be logical people and mentally tough and brave in the courtroom.  Some are called freedom fighters and fighters for justice.  But when woman who’s father just died of an accident hands you that emotional load and expects you to act and somehow make things whole again, the pressure can be enormous and overbearing. 

And the cases keep coming, tragedy after tragedy, sad stories, depressing events, horrific endings. It never ends.  It’s no wonder why many lawyers turn to alcohol and drugs for escape.  We tackle other people’s problems as well as our own.  Lawyers in California are required to take classes on alcoholism, stress reduction, and substance abuse every three years. For lawyers who can’t handle heat, they get out of the kitchen.  They change careers or find a field of law that is less stressful. 

I know of many who burn out or breakdown because other people’s problems get to be too burdensome and overwhelming.  Without spirituality at work, this job can lose meaning.  And once that’s lost, then a career may be over.  Spirituality requires stepping back, taking a deep breath, and search for meaning.  Because one can get lost in the myriad of complicated and  emotionally charged events of humanity.  


What is spirituality in lawyering?  This is one of those questions where each person you ask would have a completely different answer based on his or her situation in life.  The answer for me lies in what is spirituality itself.  And this again would be subjective based on many people’s experiences in life. But to take a stab at this, I would offer that spirituality in lawyering is an inner journey in search for some affirmation that what I do for others somehow enhances their lives. And this affirmation is what keeps me going during difficult moments in my work.

This is probably no different in a doctor’s life or a police man or a fireman or even a janitor.  Each of these jobs presents different challenges.  And of course each challenge is unique.  I can’t say that as a lawyer, I face greater challenge because I don’t have to run into a burning building 
to save a life or perform life-saving surgery.  But regardless of what job, to keep giving your best, one needs to draw from some inner strength to keep going or you lose your edge.

When a mother sobs and ask why her son needs to be removed from the United States and thrown into a country he barely knew and ask me to help, it cannot just be an intellectual or analytical exercise of what laws apply or what rights are violated. And it cannot just be a matter of making a few bucks here and a few dollars there.  We all know that money is artificial and non-sustaining.   A deeper question needs to be asked. And it is a question few lawyers ask before they take on a case.  Many lawyers practice “door law” or take whatever case that walks in the door.  But few lawyers ask why.  Why should I take on the fight? Or what will I personally achieve by tackling this person’s problems.  This requires some self-examination that many are not comfortable with. 

The great lawyers of the past, such as Clarence Darrow or William Jennings Bryan must have undergone some serious self-examination to be great defenders for justice.  Darrow, late in his career, according to one article, "…began taking criminal cases, because he had become convinced that what we are used to describing as 'the criminal-justice system' was a gigantic fraud that ruined real people's lives because they had no representation capable of defending them properly against it." The article continued that throughout his career, Darrow devoted himself to opposing
the death penalty, which he felt to be in conflict with humanitarian progress. In more than 100 cases, Darrow only lost one murder case in Chicago.

​And we know about William Bryan.  He is the lawyer who is best known for his crusade against Darwinism.  His self-examination must have led him to believe that Darwin’s evolution theory undermined morality.  The classic movie “Inherent the Wind” is a fictionalized account of the Scopes Trial in which Bryan represented a Christian organization against the theory of evolution. Bryan worked tirelessly for his belief and in some accounts died of exhaustion.

Spirituality in lawyering is relevant, to use a popular legal word, because there is so much at stake.  Each file that we handle is someone’s future.  Each case is a living, breathing human being.  If lawyers cannot find substance and meaning in the cases they handle, not only can they fail their clients but they fail themselves.  But we don’t learn spirituality in law school.  Law schools do not emphasize this inner journey to find meaning in work.  We are trained to know the law and to make money in the process.  We are trained to be analytical sharks, to devour opposing counsel by our wit and speech.  But spirituality connects you to work.  It is the energy that pushes you to attain your goals and achieve greatness. 

I have encountered lawyers whose sole purpose in life is to crush the opposing counsel.  I have faced litigators who take pride in embarrassing and even humiliating the other attorney.  This cannot be spiritual.  On the other side I have also seen professionals who would go out of their way to help and to give their time to empower others.  This is the way it should be.  To empower someone is a powerful spiritual act. When my clients realize that I am only a mouthpiece for them and that they are the true fighters for their rights, they feel empowered. They are energized. This is true spirituality in lawyering. 

Sometimes lawyers get a bad rap.  Many lawyers are disciplined.  And many have the notorious reputation of being greedy, uncaring and heartless.  There needs be spirituality in the practice of law because we are a nation of laws and the people who practice it must be more than just a talking heads.  Compassion, care, charity, and love can all be integrated in lawyering.






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“They’re taking our jobs”

9/8/2018

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During a recent forum sponsored by the League of Women Voters in San Leandro, a gentleman from the audience complained that immigrants are taking jobs away from U.S. citizens.  One can easily have accused him of being an anti-immigrant or a bigot.  But that may not have been the appropriate response.  That man represents a wide section of our population who blame immigrants for some of the woes that we are now experiencing as a nation.  But our response to this kind of scapegoating should be one of understanding, compassion and a polite assertion of the truth as we see it. 

     According to the U.S. Census Bureau’s 2006 American Community Survey, there were 37,547,789 foreign born in the United States, which represents 12.5 percent of the total U.S. population.    But understand that people need scapegoats mostly out of fear.  When something is wrong, it’s time to look for someone to blame.  This is a common reaction.  During times of crisis, people panic.  And sometimes we irrationally place blame on others.  This is our natural coping mechanism.  

      So how do we respond to someone like that gentleman who accuses immigrants of taking American jobs?  First, let’s agree with him. Undocumented workers work in the farms and take American jobs.  They pick the fruits and vegetables so that the native-born Americans can eat.  Many Americans don’t want that kind of job so immigrants take them.  Immigrants work in hotels and make our beds and many work in construction to build houses.  These are jobs that Americans don’t really want so immigrants take them.   In 2006, of the 151.1 million workers engaged in the US civilian labor force, the foreign born accounted for 15.6 percent (23.6 million). 
 

     The second way we respond is to speak the truth.  And the plain truth is if we are to close our borders to immigrants and we continue to deport illegal immigrants and their families at an alarming rate, our economy might shut down.  The plain truth is there are many important sectors and industries that are dependent on legal and illegal immigrants.   One of our country’s dirty little secrets is that we welcome undocumented workers because they provide cheap labor.  But our high tech sectors are also highly dependent on immigrants.   Of the 22.2 million civilian employed foreign born age 16 and older in 2006, 27.2% worked in management, professional and related occupation; 22.5% in service occupations; 18.3% in sales and office occupations; 16.7% in production and transportation; and 13.5 percent in construction, extraction, maintenance, and repair occupations.  
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     It is important to realize that the immigrants, legal or illegal, contribute billions of dollars into the American economy.  They do so by paying sales tax, federal, state and local taxes.  Additionally there are hundreds of companies that will shut down without immigrant workers.  Labeling immigrants as “job takers” is not only counterproductive but it paralyzes any effort toward immigration reform.  It’s time for a more decent and civil discussion on immigration. ******



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The Immigrant:  Hope in the Land of the Hopeless

9/15/2017

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​America's Promise
In a recent New York Times article examining India's surging economy, consider what Saurabh Srivastava, co-founder of the National Association of Software and Service Companies in India, had to say about America: “What is happening in America is a loss of self-confidence. We don't want America to lose self-confidence. Who else is there to take over America's moral leadership? America's leadership was never built on military armament. It was because of ideas, imagination, and meritocracy. If America turns away from its core values, there is nobody to take that leadership. Do we want China as the world's moral leader? No. We desperately want America to succeed.”

America's Problems
No matter how encouraging those words may sound, they also point out the social and financial problems that have beset our nation. Problems that fall on every American's shoulders , natural or naturalized, and even on the undocumented immigrant community. Those folks may exist in the shadows, but by living and working here they are de facto citizens and their hopes hang on America's success just as with any American.

Most every American is feeling the impact during these times of economic uncertainty. The problems caused by financial insecurity manifest themselves in ways far beyond the purse strings. Dwindling cash flow has led to home foreclosures, autos repossessed, and bankruptcy filings. Of course, those things can lead to alcoholism, battered partners, and neglected or abused children. Then comes divorce, child custody battles, and in some sad cases, even suicide.

​America's Immigrants
The immigrant community, including the undocumented, often gets more than their fair share of these problems. Pretty much in the same way some companies reduce their workforce – last hired, first fired. In spite of its reliance on immigration through the decades, Americans with odd last names – right now, those of Hispanic and Filipino or Arabic heritage – are usually the first to feel the brunt of hard times and the last to experience any good times. These groups are presently marginalized because of their surnames, our porous Mexican border, and fear of Muslim fanatics.

​No matter how marginalized a person may feel, no matter how bumpy their financial road, American is still a land of opportunity. Believing that they are powerless and hopeless in the face of the economic onslaught, many immigrants often throw up their hands and shrug their shoulders. They come to believe that foreclosure, car repossession, or even divorce are inevitable consequences of forces beyond their control.

America's Hope
That is simply not true. Fate is often a cruel master, but it can be reversed, if not altogether thwarted. Consider these words by The Buddha: “We are what we think. All that we are arises with our own thoughts. With our thoughts we make our world.” As in the past, immigrants can become part of the force behind economic and social revival. Taking the words of Buddha to heart, immigrants can secure themselves in the American dream by making that dream happen all over again. Each immigrant success story is a success for America. And, as the economists say, “A rising tide lifts all boats.”

America's Positive Side

Sometimes it's hard to accept the advice of America's self-help gurus. The likes of Tony Robbins, Wayne Dyers, Ben Carson, and Wallace D. Wattles prescribe the power of positive thinking to overcome financial and personal problems – that positive thought is the way to riches and happiness. The cynic may note that these folks are getting rich on the hopes of others who desire riches and happiness. But hold on a minute. Didn't your mother and countless others always tell you to eat your vegetables? Why? Because vegetables are good for you – it's time-proven advice.

If our immigrant population would take to heart the sayings of Buddha, perhaps along with those of guys like Mr. Robbins, they could find themselves on the crest of a new economic and cultural change for the better. Any American should have goals for their lives. Mr. Robbins says to ask yourself what you truly want in life – fortune, fame, loving friends and family. He goes on to say that frustration is an exciting signal, that it shows you that you could be doing better. Probably Mr. Robbins doesn't believe he is a present-day Buddha, and this in no way is meant to persuade folks to go plop down hundreds of dollars on a self-help course, but there is some truth to the messages rendered.

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America's New Pioneers
You cannot scoff at the power of positive thinking. Our immigrants may have once been tired, poor, homeless, tempest-tossed, and yearning to be free. Now they are in America, they are Americans, and America is counting on them to help build a new America. They need to help rescue our nation from its hopeless lack of self-confidence that so worries the other great nations of the world. And, they can do it. Our new citizens can become our new pioneers on a new frontier with new-found self-confidence.










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